It is strongly associated with the idea that citizens have the sovereignty that is acknowledged by the government. Historically, constitutional individual liberties that embrace the legal protection of life, freedom of opinion, and property rights are included in John Locke’s theory of property. In the Two Treaties of Government, Locke opposed the claim that God had made all people subject to a monarch because he believed that men are by nature free and equal. Whereas functionally, individuals freedom can only be achieved in a government operating under the secure rule of law where the state is bound to follow the effective law and acts according to clearly defined prerogatives. Therefore, individual liberties, rule of law, as well as an active and legally secured public sphere are important elements that can guarantee the principle of freedom.
In the second pactum, people merged with one another forming a society. But here, the society pledged to follow an authority. In this process, some or all of their freedom and their rights to an authority are surrendered. The authority gives assurance to protect the people 's life, property and to an extent, their liberty. Man must agree to live under the common laws created and build an enforcement mechanism for the social contract and the laws that constitute it.
I will focus my analysis on how the social contract states that we must give up our individual rights in order to obtain equality and security. However, by doing so, we retain our individuality and freedom. In chapter 6, of the social contract Rousseau argues that people need to give up their individual freedom and unite for the common good of all in order to overcome the natural threats to their own existence. It is their own existence that motivates them to give up their individual freedom and unite. The problem with the social contract lies in the opposing forces of individual freedom versus the sovereign that was formed when they united.
Ten (1991) pointed out that the social contract helps in establishing a new, artificial body that conserves and safeguards everyone’s wellbeing. Jean- Jacques Rousseau as well contributed to the social contract theory by arguing that since people are created to perfect freedom, it is fundamental that they also commonly surrender to the authority of governments. Therefore, referring to Hobbes and Rousseau social contract theories the seat belt regulation is one of the laws that stipulates a governmental rule that can be upheld to safeguard the individual citizen whose conduct is under restriction. This paper thus explores the significance of the seat belt law, theories on the topic and ethical basis. It will be an evaluation of Hobbes and Rousseau political theories by assessing its advantages.
Locke defined freedom or liberty as certain rights that humans are innately born with as a condition of our being. This can be seen in “the state all men are naturally in, and that is, a state of perfect freedom” and in “thus we are born free.” (pg 8 & 34) These rights that defined Locke’s freedom are that of life, liberty, property, health, and pursuit of happiness. (pg 9). Locke then went on to argue that as rational beings, reason being another innate condition of human nature, we are entitled to preserve and protect these unalienable rights through the use of reason by establishing a government. (pg 9) This government would ensure that one’s freedom could not impinge upon that of another’s.
H, 1976:250). The consent theory says that the authority to rule, the legitimacy of rule and our obligation to obey legitimate authority comes from the fact that we have given our consent to be ruled in this way. You agreed to obey the law and support the state by some statement or action you took, by not disagreeing to the law, you gave your consent thus giving political obligation. The puzzle that is raised here is, what counts as consent? Direct consent is consent rising from an actual act, like signing a contract or making an oath.
The key to this reconciliation is the idea of the general will that is, the collective will of the citizen body taken as a whole. The general will be the source of law and is willed by each and every citizen. In obeying the law each citizen is thus subject to his or her own will, and consequently, according to Rousseau, remains free. By articulating the general will, the state is, in effect, acting in the ‘real’ interest of each of its members. In this way, political obligations can be interpreted as a means of obeying one’s own higher or ‘true self’.
Liberalist goal is promote all these right and freedom to human trough the laws and the institutions put in place by the system and to give the right to people to be treated equally. Next to these ideologies, realist also are strongly believing in the concept of the right of people to have their private properties, the right to do business with any one they may want, and the right of people to free economic trade or exchange without worrying about the reaction of the state nor it interference in his activities unless their legal. At that point some philosopher such as Kant (1795) centered and argues on the relation that exists between institutions and the people being monitor by those institutions. “Democracy leads to global peace”. People will accept his ruling because he exercises his authority with the consent of the people.
Hobbes 's moral theory is known as “social contract theory”,which is the method of justifying political principles or arrangements by appeal to the agreement that would be made among suitably situated rational, free, and equal persons.Social contract is a method that we ought to submit to the authority of an absolute sovereign power. There are four concepts employed by Hobbes which will be discussed as below. First,the right of nature indicate that every man is born to use his own power for the preservation of his own nature.Yet Hobbes adds reasons into the right of nature.Hobbes suggests that person A has the right to do action X as long as doing X has the right reason.Second,the law of nature is derived from the right of nature.Hobbes defines them as discoverable with reason and they are used to help people to avoid self-destruction and keep rational.Third,for Hobbes,all obligations are selfimposed,right of nature allows us to do anything we see fit to preserve our existence. Any restrictions on action must be voluntary.Finally it come to justice. For Hobbes, the just act is one that does not involve the contravention of a covenant.
Limiting people for their freedom is very sick. Rules that families or cultures give should be broken, so that you find yourself and the life you deserve to live without anyone’s choice, but your own. We come to this life with not even a single limitation to freedom, so why to change that? People should have the ability to live freely. They should do whatever pleases them, unless that thing will not be a cause of harming someone else.