Absolute Statements, State of Law, and Rousseau’s Social Contract
Basis of Absolute Statements
Arguments on religion suggest that power comes from God, with a negative view of human beings as incapable of governing themselves, either due to original sin or the inherent wickedness of human nature. This necessitates a strong power to order social life. However, absolutism has some limits imposed by customary law (law and customs). It is also limited by the moral and natural law emanating from God.
Thomas Hobbes argued that in the state of nature, humans are absolute masters of themselves and completely independent of others. Humans are dominated by the principle of conservation; they are selfish and fight for their survival, often at the expense of others. As there is no higher power, there is a war of all against all in which the strongest wins.
The origin of society, according to Hobbes, is determined by the need to survive in a situation of cooperation, order, and peace. This is achieved through an agreement, a rational decision by individuals who voluntarily give up many rights, transferring them to a sovereign authority in exchange for peace, order, and cooperation. Once made, this agreement is irrevocable, as humans do not change and remain selfish. This is detailed in his work, Leviathan.
State of Law According to John Locke
John Locke proposed that in the state of nature, every individual is limited by the law of equality. Being all equal and independent, no one ought to harm another in their life, liberty, or property. This right includes the authority to punish offenders of the right to life and freedom, making humans enforcers of natural law. However, if each person takes the law into their own hands, it creates a situation of uncertainty and instability.
To avoid this, the origin of society lies in a social compact by which free, equal, and independent human beings give some of their rights to society and decide to join and live in this community. Individuals must obey those who legitimately govern society. The power of rulers is not absolute and unlimited; the (liberal) state has to respect their rights, especially private property. State intervention should be minimized, allowing citizens the freedom to organize their lives. To prevent abuse of power, Locke proposed a division of powers into legislative, executive, and federative, thus limiting and controlling power. He also defended the power to change laws and even change rulers if they do not govern accordingly. This is outlined in his work, Two Treatises of Government.
Rousseau’s Social Contract
Rousseau, in his Social Contract, states that humans in the state of nature were kind, peaceful, free, and solitary. However, they found it difficult to survive alone and agreed to a social contract in which they decided to join others to live in society, realizing that together they could achieve more than in isolation.
However, life in society corrupts humans, as they are treated unequally, giving some more opportunities than others, creating envy and resentment, and making them ill and distrustful. The introduction of private property and the transformation of legitimate power into arbitrary power are two elements of society that contribute to this change.
Rousseau advocates for transforming society to bring about fair and legitimate laws based on majority consensus. The general will is a will that wants the interest of all, and when obeyed, freedom is not prejudiced in any way. If one obeys the general will, each individual obeys themselves, so that men, as citizens, can enjoy freedom as they did in the state of nature. The government is the intermediary between citizens and the sovereign political body and is responsible for the execution of the laws.