Social Contract Theory of John Locke (1932-1704) in the Contemporary World
The 17th century period was marked by an attempt to erect effective safeguard against violations of natural law by governments. Law in this period was conceptualized as an instrument for the prevention of autocracy and despotism. Absolutism in Europe that was associated with governmental encroachments necessitated a strong shield of individual liberty. In this period legal theory placed the main emphasis on liberty, thus the law was to render governments capable of functioning as a guarantor of individual rights. This paper aims at examining the social contract theory of the 17th-century English philosopher, John Locke, its parameters, limitations and its essence in the contemporary world with a view as to why should we obey the law, the origin, essence and legitimacy of the government, the origin of the state and the law and more importantly how can we punish the government in case they fail to fulfill their functions.
Daudi Mwita Nyamaka Mr.. "Social Contract Theory of John Locke (1932-1704) in the Contemporary World" St. Augustine University Law Journal 1.1 (2011): 49-60.
Available at: http://works.bepress.com/dmnyamaka/5
Administrative Law Commons, Banking and Finance Commons, Civil Law Commons, Civil Procedure Commons, Civil Rights and Discrimination Commons, Commercial Law Commons, Comparative and Foreign Law Commons, Conflicts of Law Commons, Constitutional Law Commons, Contracts Commons, Corporation and Enterprise Law Commons, Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Dispute Resolution and Arbitration Commons, Election Law Commons, Energy Law Commons, Environmental Law Commons, Family Law Commons, Human Rights Law Commons, Insurance Law Commons, International Law Commons, International Trade Commons, Jurisdiction Commons, Jurisprudence Commons, Land Use Planning Commons, Natural Resources Law Commons, Remedies Commons, Science and Technology Commons, Tax Law Commons