CHAPTER ONE
  GENERAL IDEA OF A SOCIAL CONTRACT
The social contract theory, nearly as old as philosophy itself, is the view that person’s moral or political obligations are dependent upon a contract or agreement between them to form a society.1 On the mention of the term contract, then, what comes to mind immediately is agreement. The New Webster Dictionary of the English Language defined the term ‘contract’ as “an agreement or a covenant”.2 On the other hand, Oxford Dictionary of Philosophy defines social contract as a basis for legitimate legal and political power in the idea of a contract. Contracts are things that create obligation.”3 Hence, if we can view society as organized, i.e., a situation where a contract had been formed between the citizen and the sovereign power, this would necessarily ground the obligation of each to the other. The idea is one of a contract between citizens as a result of which power is vested in government. Traditionally, the term has been used in arguments that attempt to explain the nature of political obligation and or the kind of responsibility that rulers have to their subjects.4 Philosophers such as Plato, Hobbes, Locke, Rousseau and Kant, had a varied but similar positions that life in a prepolitical “state of nature” would be very difficult such that it would lead them to agree either with one another or with a prospective ruler, which eventually leads to the creation of political institutions. Such individuals believe that such a creation would necessarily improve their lot.
Despite the fact that many of the social contract theorists admit that there is almost never an explicit act of agreement in a community; however, they maintain that such an agreement is implicitly made when members of the society engage in certain acts through which they give their explicit consent to the ruling regime. Now, how do we definitely understand the terms of a social contract, which establishes a state? Are we to judge it as when the people agree to obey the ruler? Do they surrender their power to him as Hobbes would have us believe? Or do they lend him that power, reserving the right to take it from him, if and when they see fit, as Locke maintained? What really are the terms of a social contract posited by its theorists? It is worthy of note to state that amidst controversies surrounding their interpretation:
Social contract arguments have been important to the development of modern democratic states: the idea of the government as the creation of the people, which they have right to overthrow, if they find it wanting, contributed to the development of democratic forms of polity in the 18th and 19th Centuries.5
In this chapter, we shall critically, but in a lighter form, expose the idea of some major theorists on social contract, excluding Hobbes who we shall, later in this work, critically examine his detailed approach on the idea.
1.1        MAJOR PROPONENTS OF THE IDEA
The idea of a social contract could be traced back to the time of Socrates. Plato and Aristotle, on the other hand, represented their individual views on a social contract. However, these views came to be modified and moreso, the Hobbessian contract marked a turning point in some respect, a genuine innovation in history of political philosophy. Let us now briefly run through the ideas of some major proponents of a social contract.
1.2      SOCRATES’ ARGUMENT
Socrates here was so much indebted to the laws of Athens. He personified these laws and appreciated so much the privilege, which the law granted him, especially for his existence. For him, it was the law that made his father and mother to marry each other and beget him. It is believed that there is no force or coercion between the laws and the citizens. One willingly chooses to be part and parcel of the city, thereby accepting the codes of the laws. The citizens on growing and “once they see how the city conducts itself, can choose whether to leave, taking their property with them, or stay.”6 According to Socrates, “staying implies an agreement to abide by the laws and accept the punishment that they met out.”7 Herein lies the terms of the contract. For one to stay in such a society means that the individual accepts the terms laid down by the laws. This invariably hooks the person in a mutual contract with the state and the ruling authorities. The contract described by Socrates is an implicit one. It is implied by his choice to stay in Athens, even though he is free to leave.