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How did social contract theory use consent to explain political legitimacy?
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Philosophy of law
Plato, marble portrait bust copied from an original of the 4th century bce; in the Capitoline Museums, Rome.
Social contract theory establishes political legitimacy by grounding the authority of the state in the rational consent of the governed. Rather than relying on divine right or tradition, this approach posits that individuals—whether in a historical or hypothetical state of nature—voluntarily agree to surrender some of their natural freedoms to a central authority in exchange for benefits such as security, order, or the protection of rights.123
The role of consent varies among key theorists:
- Thomas Hobbes: Argued that rational individuals, seeking to escape the "nasty, brutish, and short" life of the state of nature, would freely consent to an absolute sovereign (Leviathan) to ensure their survival.32
- John Locke: Contended that individuals consent to form a government specifically to protect their natural rights to life, liberty, and property. If a sovereign violates these terms, the consent is withdrawn, and revolution is justified.32
- Jean-Jacques Rousseau: Proposed that legitimacy arises from the general will, where individuals surrender their independence to the collective to achieve true political liberty and the common good.32
In modern philosophy, this framework often utilizes "hypothetical consent," where legitimacy is derived from the claim that rational agents would choose specific terms of cooperation under fair conditions.12