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What Does Agreement Mean In Social Studies

What Does Agreement Mean In Social Studies

20/12/2020 • Under: Sin categoría

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The theory of an implicit social contract is that people, by remaining in the territory controlled by a society that normally has a government, agree to join that society and, if necessary, be governed by their government. This approval gives legitimacy to such a government. According to the contract will theory, a contract is not considered valid unless all parties consent voluntarily or expressly, without coercion. In his essay No Treason, Lysander Spooner, a 19th-century lawyer and a staunch defender of the law of contracts between individuals, argued that an alleged social contract could not be used to justify state acts such as taxation, because the government would take measures of violence against anyone who does not want to enter into such a contract. Therefore, such an agreement is not voluntary and therefore cannot be considered a legitimate contract at all. Jean-Jacques Rousseau (1712-1778) described, in his powerful treatise The Social Contract of 1762, another version of the theory of social contract as the basis of political rights based on unlimited popular sovereignty. Although Rousseau wrote that the British were perhaps the freest people in the world at the time, he did not accept their representative government. Rousseau believed that freedom was only possible if the people as a whole governed directly through legislation, where popular sovereignty was indivisible and inalienable. However, he also stated that people often did not know their «true will» and that a true society would only occur when a great leader («the legislator») was born to change people`s values and customs, probably through the strategic use of religion. The social contract was considered an «event» in which individuals came together and some of their individual rights were ceded so that others would delece up their rights. [12] This led to the creation of the state, a sovereign entity, as individuals were today under their rule, which would create laws to regulate social interactions. Human life is no longer «a war of all against all.» The concept of social contract was originally laid down by Glaucon, as plato described in The Republic, Book II. 33.

There has never been some kind of absolute justice, but only agreements that have been made in the context of a mutual relationship between men in different places, at different times, who oppose the addition or suffering of evil. [10] Modern Anglo-American law, like European civil law, is based on a theory of the will of the treaty, according to which all contractual conditions are binding on the parties because they have chosen these conditions for themselves. This was not true when Hobbes wrote Leviathan; At the time, more emphasis was placed on the review, i.e. a reciprocal exchange of the benefits necessary for the formation of a valid contract, and most contracts had implicit clauses that stemmed from the nature of the contractual relationship and not from the decisions made by the parties. Accordingly, it has been argued that the theory of the social contract is more compatible with the contractual law of Hobbes and Locke`s time than with the contractual law of our time, and that certain characteristics of the social contract that seem to us to be unsanquentanomal, such as the belief that we are bound by a treaty formulated by our distant ancestors, Hobbes` contemporaries would not have seemed as foreign as we are. [26] The starting point of most social contract theories is the study of the politically unorthrly human condition (called the «natural state» by Thomas Hobbes). [4] In this state, the individual`s actions are related only to his personal power and conscience.

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