The social contract theory is based on the notion that a voluntary, unanimous agreement exists among a society’s members to obey governmental laws formed by those they collectively select. It is not
2/19/2016 Module Notes: Cartoons, Caricatures, and Clipart: Natural Law Theory & Social Contract Theory
https://mycourses.excelsior.edu/bbcswebdav/pid2757292dtcontentrid25130275_1/courses/004_LA_DEVEL_HUM300/module_05/mod05_module_notes_pri… 1/6
Political Cartoon. Cartoon on two racial groups discussing
race relations from the perspective of their group.
In this learning m odule, w e
exam ine tw o specific ethical
theories, natural law theory and
the social contract theory. W e
apply these theories to three
im portant areas of concern:
equality and discrim ination,
econom ic justice, and legal
punishm ent. W e em ploy the
m edium of cartoons, caricatures
and clipart to deepen our understanding of the intersection of ethical issues and pop
culture.
N a tu ra l L a w T h e o ry & th e S o c ia l C o n tra c t T h e o ry
N atural law theory bases m orality on hum an reason and hum an nature. N atural law
tells us that w e can look to the elem ents of nature, including hum an behavior, to
help guide our ethical decisions. N aturalistic ethical theories tend to stress hum an
nature as the source of right and w rong. The idea is that natural law is stable and
universal and does not change over tim e, nor vary according to different cultures.
N atural Law is the m oral law w ritten into nature itself. W hat w e ought to
do, according to this theory, is determ ined by considering certain aspects
of nature. In particular, w e ought to exam ine our nature as hum an beings
to see w hat is essential for us to function w ell as m em bers of our
species. W e look to certain aspects of our nature to know w hat is good
and w hat w e ought to do (M acK innon, 2015, p. 82).
N atural law and the law s of nature do not m ean the sam e thing. Law s of nature
dictate scientifically how things occur. N atural law states how things ought to be
based on the law s of nature. O f course, philosophers interpret w hat is “natural”
differently. S om e believe w e are brutish by nature, w hile others believe w e are
naturally prone tow ards goodness. S om e believe that nature dictates w e behave
com petitively, others believe it directs us to behave fairly. H um an rights are prim arily
based on natural law . M ost of us believe w e have a right to be free, treated
hum anely, and respected as hum an beings; how ever, people do disagree on w hat
rights natural law accords us. D oes it include free speech? S helter? H ealth C are? 2/19/2016 Module Notes: Cartoons, Caricatures, and Clipart: Natural Law Theory & Social Contract Theory
https://mycourses.excelsior.edu/bbcswebdav/pid2757292dtcontentrid25130275_1/courses/004_LA_DEVEL_HUM300/module_05/mod05_module_notes_pri… 2/6
P hilosopher JeanJacques R ousseau held that hum ans are naturally com passionate
and altruistic. Therefore, w e are easily able to determ ine, w ith this state of nature,
any corruptions to our ideal state. A lternatively, philosopher Thom as H obbes
regarded hum ans as w holly selfinterested and suspicious of one another. H e felt
that every living organism obeys the law s of individual survival. In short, w e are
m otivated by selfpreservation, fear and a desire for fam e and glory. A ccordingly,
only a police state can successfully secure our existence in society.
The G reek philosopher A ristotle studied nature and believed that there w as a
natural order of things, and that all living things have a purpose. A ristotle thought
that the ultim ate good of hum ans is happiness, blessedness, or prosperity. H e held
that one of our responsibilities as part of hum an nature is to use our rational thought
processes to know the w orld, the truth and to choose w isely.
S om e philosophers believe our natures are neither good nor bad. E xistentialists
Jean P aul S artre and S im one de B eauvoir thought that there is no such thing as
"hum an nature" and w hat w e are— and w hat it m eans to be a hum an being— are
alw ays m atters of decision. There is no correct choice, there are only choices. E ach
person chooses w hich facts are to be considered as essential to one's selfidentity:
existence precedes essence.
S im ilarly, Fatem a M ernissi, M oroccan fem inist, author, and sociologist and author of
B eyond the V eil, believed that our basic instincts are neither good nor bad; it is how
they are used that m akes them harm ful or beneficial. P hilosopher John Locke also
believed the m ind is a tabula rasa— a blank slate— at birth, and that there is no
universal agreem ent regarding principles perceived as innate.
S o c ia l C o n tra c t T h e o ry
P hilosopher Thom as H obbes (15881679) w as the first to w rite about the social
contract and ethical system . H e w as influenced by the turbulent tim es in w hich he
lived, including his ow n troubled upbringing. E ssentially, social contract ethics
dictate an agreem ent on how w e should live am ong one another. Indeed,
subsequent seventeenth and eighteenth century philosophers relied on this social
contract theory, the idea that a voluntary, unanim ous agreem ent existed am ong a
society’s m em bers to obey governm ental law s form ed by those they collectively
select. It is not a form al contract, but a m oral code that enables us to each pursue
our ow n selfinterests, understanding others w ill feel perm ission to do the sam e.
Ideally, this w ill serve to create a peaceful society. H obbes believed that people 2/19/2016 Module Notes: Cartoons, Caricatures, and Clipart: Natural Law Theory & Social Contract Theory
https://mycourses.excelsior.edu/bbcswebdav/pid2757292dtcontentrid25130275_1/courses/004_LA_DEVEL_HUM300/module_05/mod05_module_notes_pri… 3/6
w ould relinquish claim s upon one another and their possessions, in exchange for
being treated reciprocally. O ur society is a peaceful and safe one w hen w e all
honor an inform al and im plied social contract, allow ing others to live and prosper in
exchange for confidence that w e w ill be granted the sam e rights.
P hilosophers John Locke, JeanJacques R ousseau, and Thom as Jefferson further
developed the social contract theory. Locke set forth the view that the state exists to
preserve the natural rights of its citizens. W hen governm ents fail in that task,
citizens have the right, and even duty, to revolt. Locke thought that reason guides
our behavior, unlike H obbes w ho believed that rational selfinterest alone w ill not
secure the social contract. Locke specifically disagreed w ith H obbes assessm ent
that hum an nature is essentially selfinterested, and that individuals surrender their
rights, through a social contract, for the sake of selfpreservation.
John Locke utilized the natural law theory to determ ine these natural rights. The
concepts of natural rights provided the foundation for our D eclaration of
Independence and the C onstitution of the U nited S tates, w hich represent the
elem ents of life, liberty, and the pursuit of happiness. It has been am usingly
observed that John Locke w as the m ost influential person for our founding
docum ents, but w as not actually in the room at the A m erican C ontinental C ongress
and the C onstitutional C onvention. S im ilarly, the U nited N ations’ D eclaration of
H um an R ights and the G eneva C onvention also em ploy natural rights and have
basic tenets that all people have certain hum an rights regardless of their country or
origin, their race, or their religion. A ccordingly, the social contract theory is
detached from religious teachings and religious obligations to know or obey G od.
C ontem porary philosopher John R aw ls resurrected the social contract theory in the
late nineteenth century, contending that the principles of justice can help guide us to
do the right thing. In his 1971 book, A Theory of Justice, R aw ls urges us to im agine
a w orld in w hich bias is elim inated through a “veil of ignorance” w here w e can’t tell
the gender, race, ethnicity, etc. of ourselves. If our actions could be carried out
w ithout such bias, w e w ould live in a m ore just w orld. A ccording to his principles:
1. “E ach person is to have an equal right to the m ost extensive total system of
equal basic liberties com patible w ith a sim ilar system of liberty to all.
2. S ocial and econom ic inequalities are to be arranged so that they are
a. to the greatest benefit of the least advantaged and
b. attached to offices and position open to all under conditions of fair
equality and opportunity” (M acK innon, 2015, p. 207). 2/19/2016 Module Notes: Cartoons, Caricatures, and Clipart: Natural Law Theory & Social Contract Theory
https://mycourses.excelsior.edu/bbcswebdav/pid2757292dtcontentrid25130275_1/courses/004_LA_DEVEL_HUM300/module_05/mod05_module_notes_pri… 4/6
S om e fem inist critics of R aw ls, such as philosopher S usan M oller O kin, take issue
w ith the fact that R aw ls believed justice ought only to apply to the basic structure in
society. The basic structure includes the fam ily unit, w herein there also exists
patriarchal injustices. A s w e observed in M odule three, m any fem inists focus on the
personal, and they find that R aw ls does not adequately address injustices found in
hierarchical social relations and the gendered separation of labor.
B oth fem inists and race conscious philosophers are often critical of the social
contract theory, in general, w hich they believe w as w ritten for the benefit of w hite
m en and generally has excluded w om en and people of color. S pecifically, the w orks
of C arole P atem an’s The S exual C ontract, and C harles M ills’ The R acial C ontract,
both m aintain that w om en and people of color, respectively, have not generally
counted as the full m oral and political beings for w hich these contacts w ere w ritten.
W hite m en’s pow er, as full hum an beings, affords them greater social pow er to
create such contracts. The contract has historically enabled those in pow er to
politically exploit those w ho are not really protected under the contract, such as
w om en, A frican slaves and N ative A m ericans. John Locke had claim ed, for
exam ple, that N ative A m ericans did not ow n the land they inhabited because they
did not farm it (Friend, 2015).
M ills believes that because w e have idealized the social contract, w e have
continued to address racial problem s superficially. W e erroneously believe that
everyone is equal and law fully treated as such and that our Founding Fathers w ere
com m itted to this liberty and protection for all people. In actuality, according to M ills,
the social contract theory accorded full rights to a privileged few , and very few rights
to m any. Indeed, the contract continues this racial oppression. M ills believes w e
need to reexam ine our politics in general, understanding how our society has been
inform ed by the system atic exclusion of som e persons from the social contract.
Thus, being honest about w ho w e are and the history of this contract truly is the
solution; it holds the potential that w e w ill som eday live up to the values that are
truly at the heart of our country’s traditions (Friend, 2015).
E q u a lity a n d D is c rim in a tio n , E c o n o m ic J u s tic e , a n d L e g a l
P u n is h m e n t
W hen w e consider our natural rights and the notion that w e are all equal, it is
im portant to understand the layers of discrim ination that persist in our society,
through stereotyping, profiling, prejudice and racism . A stereotype is defined as a 2/19/2016 Module Notes: Cartoons, Caricatures, and Clipart: Natural Law Theory & Social Contract Theory
https://mycourses.excelsior.edu/bbcswebdav/pid2757292dtcontentrid25130275_1/courses/004_LA_DEVEL_HUM300/module_05/mod05_module_notes_pri… 5/6
“predictive generalization about people and situations” (W ood, 2010, p. 336). P eople
m ay be subject to stereotypes based on their age, race, gender, sexual orientation,
ethnicity, religion, physical ability, health status, size, w eight, national origin, incom e
level, education level, IQ , etc. R acial stereotyping is associated w ith racial profiling
by police, shopkeepers, or others w ho m ay practice discrim ination w hen pulling over
m otorists or surveying potential shoplifters. S tereotyping is also associated w ith hate
crim es w hen persons of a particular group are bullied, harassed, or victim ized by
others.
“R acism involves not only m aking distinctions and grouping people but also
denigration. It involves believing that all persons of a certain race are inferior to
persons of other races in som e w ay” (M acK innon, 2015, p. 172). “P rejudice is
m aking judgm ents or form ing beliefs before know ing the truth about som ething or
som eone” (M acK innon, 2015, p. 172). The P rinciple of E quality considers the
concepts of justice, social benefits and harm s, and real versus perceived differences
betw een people. “It is unjust to treat people differently in w ays that deny to som e of
them significant social benefits unless w e can show that there is a difference
betw een them that is relevant to the different treatm ent” (M acK innon, 2015, p. 175).
E conom ic justice is the concept of equity and fairness applied to areas such as
w ages, health care, and other social resources. “D istributive justice has to do w ith
how goods are allocated am ong person— for exam ple, w ho and how m any people
have w hat percentage of goods or w ealth in a society” (M acK innon, 2015, p. 199).
P rocedural justice is a system ic process that allow s for a just distribution w ithin a
society. W hile the process m ay be a just one, som e critics believe w e should look at
the end results of the distribution. For exam ple, it doesn’t m atter if the system is just
if the result is a grossly unfair distribution. A nother consideration is w hether or not
equal opportunity to be part of the distribution exists. For exam ple, som e people
m ay have m ore advantages than others in a society.
R e fe re n c e s
Friend, C eleste. “S ocial C ontract Theory”, Internet E ncyclopedia of P hilosophy,
(W inter, 2015), Jam es Fieser and B radly D ow den
(eds.). http://w w w .iep.utm .edu/soccont/
Irw in, W illiam and Johnson, D avid K yle. (2010). Introducing P hilosophy Through
P op C ulture: From S ocrates to S outh P ark, H um e to H ouse. W est S ussex, U nited 2/19/2016 Module Notes: Cartoons, Caricatures, and Clipart: Natural Law Theory & Social Contract Theory
https://mycourses.excelsior.edu/bbcswebdav/pid2757292dtcontentrid25130275_1/courses/004_LA_DEVEL_HUM300/module_05/mod05_module_notes_pri… 6/6
K ingdom : W ileyB lackw ell.
C hapter 25, Lost’s S tate of N ature
M acK innon, B . (2015). E thics: Theory & contem porary issues (8th ed.). B oston, M A :
W adsw orth, C engage Learning.
N eher, W ., & S andin, P . (2007). C om m unicating ethically: C haracter duties,
consequences, and relationships. B oston, M A : P earson.
W ood, J. (2010). Interpersonal com m unication: E veryday encounters (6th ed.).
B oston, M A : W adsw orth, C engage Learning.