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The Social Contract Theory of John Locke Paper

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The Social Contract Theory of John Locke Paper

University of phoenix Finance and Budgeting in Justice and Security AJS/532 Matthew O’Deane
November 20, 2013

The Social Contract Theory of John Locke Paper
My paper evaluates the Social Contract Theory of John Locke, and how his principles are even within the criminal justice system, and private security situations nowadays. This paper shall also in great detail debate whether or not Locke’s’ values and beliefs pertain to criminal justice as well as private security venues. A summary will be presented to identify key dissimilarities of the social contract theories, recognize key any principles connected with Locke’s social contract theory, label how these codes are instilled within the United States Bill of Rights, recognize how these principles show within the criminal justice system and security organizations of present, and lastly define independence in regards to personal rights and proper principles, and commitments.

“A social contract is a voluntary agreement in which mutual benefit occurs between and for individuals, groups, government or a community as a whole. According to Locke, the State of Nature, the natural condition of mankind, is a state of perfect and complete liberty to conduct one's life as one best sees fit, free from the interference of others (Kelly, Martin. (2012)).”
This doesn’t mean that it is a state of authorization: a citizen isn’t free to do whatever they wish, even if you feel it’s in your best interest. The State of Nature, while a state where there isn’t any civil power or regime to penalize individuals for indiscretions against any types of law, is not any type of state with any morals. The State of Nature is viewed as civilization prior to politics but not pre-moral. “Persons are assumed to be equal to one another in such a state, and therefore equally capable of discovering and being bound by the Law of Nature. Given the implications of the Law of Nature, there are limits as to how much property one can own: one is not allowed to take so more from nature than oneself can use, thereby leaving others without enough for themselves (Powell, Jim. (1996)).” Since a God for its common subsistence sets nature to mankind, a person will not take more than his or her own part. Property is the linchpin of Locke’s argument for the social contract and civil government because it is the protection of their property, including their property in their own bodies, which men seek when they decide to abandon the State of Nature.
Summarize the major differences of the social contract theories. The main variances amongst traditional republicanism, and John Locke's natural rights are viewpoint. Being that traditional republicanism emphasizes the need for "common" good or public above the expected importance of the citizen in question.
One usually observes the natural rights idea from what Locke would describe as a "state of nature," which is, a fictional situation a government is not in place or merely doesn’t exist. Locke had a belief that there existed a law of nurture, which was required to govern a state of nature; Locke is known for stating the following, "The state of nature has a law of nature to govern it which obliges everyone. No one ought to harm another in his life, health, liberty, or possessions." “The main ideologies of the natural rights philosophy are found in the Declaration of Independence with such ideals as consent of the governed, right of revolution, unalienable rights (or rights that cannot be taken away or given up, such as life liberty and property), and overall establishes a social contract.
Classical republicanism is modeled after the Roman Republic, where the government provides its citizens with liberty under government and stressed the common good, or what was best for the society as a whole (Powell, Jim. (1996)).” People inside a republic should have the same views and values: civic benefit, moral education, and reside within uniformed small close communities. Civic goodness is proven when somebody puts the goodness of all above and beyond their own needs and beliefs in order to ensure their fellow man is taken care of.
History and teachings have shown that the classical republic often radically constraint individual privileges. “Moral education is the idea that citizens must be taught to be virtuous based on civic religion; these virtues included generosity, courage, self-control, and fairness. Small, uniform communities were necessary to prevent factions (self-interested groups of individuals), and to prevent this, limited the degree of diversity within these communities (Kelly, Martin. (2012)).” People whom lived inside these populations often shared similar wealth, religions, similar types of ethics, and lifestyles. To further prevent an assortment of individual beliefs, each community has an established religion (which is prohibited in our Constitution per Amendment 1).
What are the key principles associated with Locke’s social contract theory?
Locke is a believer of that a Law of nature is in existence. The basic common deep feeling deep inside placed within by God that tells man or woman not to harm, take or destroy others belongings or beliefs. For Locke, the common contract is set in place when humanity in the State of Nature recognizes and heeds the Law of Nature thus forming a civil society. Safeguard of home, both physical and our body were important elements to Locke’s reason.
Locke stated that political society and government are established by mutual consent forming “one body politic under one government” combined into commonwealth to shelter property from people whom would like to do nothing more than put a kink in the cog of the Law of Nature.
Locke's dispute for the well being of the majority is the hypothetical ground for the difference amongst responsibility to fellow man, and or obligation to government, the distinction that allows an argument for struggle minus chaos. “When the designated government dissolves, men remain obligated to society acting through majority rule. It is entirely possible for the majority to confer the rule of the community on a king and his heirs, or a group of oligarchs or on a democratic assembly (Powell, Jim. (1996)).” Therefore, the social bond is not indivisibly associated to a democracy. Nevertheless, a government body of any type must execute the genuine functions and duties of a government that is civil.

How are these principles inculcated in the U.S. Bill of Rights?
“John Locke was a major influence to our founding fathers and Thomas Jefferson while they produced “the Declaration of Independence and the U.S. Constitution, Locke’s Social Contract Theory on America’s political and governmental system is undeniable (Constitution Society).”
“While writing the Declaration of Independence, Thomas Jefferson, drew heavily from the writings of John Locke, and placed them in the Constitution. The social contract theory infuses both these documents (Constitution Society).” Thomas Jefferson personally embraced Locke's philosophies that people had rights to life, liberty, equality, and pursuit of happiness; the duty of government is to protect those rights, and place them into the Constitution. How do the principles play out in the criminal justice system and security settings?
That theory does not stand any ground within present criminal justice system due to there being segments of society which think that the they are excluded from laws because they are not shielded by them due to their lifestyles. A quick example is in regards to how major as well as local media targets main stories to be full of inner city crime or murder as a headline Every evening inner city news are plastered with the bad inner news city which is usually dominated by low income citizens. Low income civilizations are always common place to crime, however if crime occurs in medium or upper class neighborhoods that news is shown later in the broadcast in order to not shield a negative image. Minorities feel that not much care is given when their youth is killed or is missing.
Several of the concepts formed in Locke’s social contract theory imitate todays present criminal justice organizations. These days we give up our ability to protect self in order to put trust into the local government to protect us. Describe freedom in relationship to personal rights and ethical standards and obligations.
“It’s believed that values are what we learn from childhood from parents and surrounding influences of adults involved in the child’s life. Morals are the beliefs developed from that value system and how one should behave in any given situation (Banks, C. (2009)).” “Ethics on the other hand is how someone actually behaves in the situation that may test ones morals and values. Values are established by childhood upbringing and help mold them into citizens contributing to society. Those environments include home, school, church, neighbors, cultural backgrounds and social get together or parties (Banks, C. (2009)).” The majority of these type beliefs and displays of conduct are founded within the uninformed reflections and occurrences of being raised in this type of environment’s becoming a product of your surroundings.

References:

Banks, C. (2009). Criminal justice ethics: Theory and practice (2nd Ed.). Los Angeles, CA: SAGE.

Constitution Society. (2007). Retrieved on November 18th 2013 from http://constitution.org/soclcont.htm

Kelly, Martin. (2012). Social Contract. Retrieved on November 18th 2013. From http://americanhistory.about.com/od/usconstitution/g/social_contract.htm

Powell, Jim. (1996). John Locke: Natural Rights to Life, Liberty, and Property. Retrieved on November 18th 2013. From http://www.thefreemanonline.org/featured/john-locke-natural-rights-to-life-liberty-and-property/

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