Social contract and political obligation : a critique and reappraisal

First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot of contractarianism in contemporary treatments. In its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism (namely Hobbes, Locke and Rousseau) will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model (and hence by democratic theory.) Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy. Cover 1 Half Title 2 Title Page 4 Copyright Page 5 Original Title Page 6 Original Copyright Page 7 Table of Contents 8 1. Introduction 10 2. The Theme Introduced: Grotius 14 3. The Theme Developed: 1. Hobbes 17 4. The Theme Developed: 2. Locke 49 5. The Theme Developed: 3. Rousseau 81 6. The Theme Clarified: 1. The Imputed Contract and John Rawls 143 7. The Theme Clarified: 2. The Orthodox Model and Imputed Contract 166 8. The Theme divided: 1. Democracy, Consent and Obligation 181 9. The Theme Divided: 2. T.H. Green 221 10. Conclusion 258 Appendix I. Walzer and Democratic Consent Theory 282 Appendix II. Socrates and Contract 290 Appendix III. The problem misstated: the direct democracy model 298 Appendix IV. Green, Bradley and the Idealist Theory of Obligation 304 Appendix V. Note on Pufendorf 312 Appendix VI. Rousseau and Plato 315 Bibliography 318 Routledge Library Editions: Political Thought and Political Philosophy (54 Volume set) presents titles, first published between 1924 and 2003. This set draws together research from leading academics covering key themes such as: liberty and justice, power, federalism, anarchy and direct action, socialism, Marxism and liberalism. First published in 1988. This anthology from the major writings of J. A. Hobson helps to establish his reputation as one of the most influential social, economic and political theorists of late nineteenth and early twentieth century Britain.