What Is Social Agreement In Law

33. There has never been absolute justice, but only agreements concluded in the context of mutual interaction between persons in all places and at different times to prevent the infliction or suffering of harm. [10] The starting point of most social contract theories is the study of the human condition without a political order (called by Thomas Hobbes „the state of nature“). [4] In this state, the actions of the individual are related only to his personal power and consciousness. From this common starting point, social contract theorists seek to show why rational individuals would voluntarily agree to give up their natural freedom in order to preserve the benefits of the political order. Eminent theorists of the social contract and natural rights of grades 17 and 18. Hugo Grotius (1625), Thomas Hobbes (1651), Samuel von Pufendorf (1673), John Locke (1689), Jean-Jacques Rousseau (1762) and Immanuel Kant (1797) approached the concept of political authority differently. Grotius postulated that the individual human being has natural rights. Thomas Hobbes said that in a „state of nature, human life would be lonely, poor, evil, brutal and short.“ Without political order and law, everyone would have unlimited natural freedoms, including the „right to all things“ and thus the freedom to plunder, rape and kill; there would be an endless „war of all against all“ (bellum omnium contra omnes).

To avoid this, free people work together to establish a political community (civil society) through a social contract in which they receive full security when they submit to an absolute ruler, a man or a gathering of people. Although the ruler`s aedicates may be arbitrary and tyrannical, Hobbes saw absolute government as the only alternative to the terrible anarchy of a state of nature. Hobbes claimed that people agree to abdicate their rights in favor of the absolute authority of the government (whether monarchical or parliamentary). Alternatively, Locke and Rousseau argued that we receive civil rights in exchange for accepting the obligation to respect and defend the rights of others, while renouncing certain freedoms. 32. Animals that are unable to enter into binding agreements with one another so as not to harm or harm them are neither justice nor injustice; and also for peoples who could not or did not want to conclude binding agreements so as not to cause or suffer harm. Modern Anglo-American law, like European civil law, is based on a theory of wills according to which all contractual clauses are binding on the parties because they have chosen these conditions for themselves. .

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