U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Jurisprudence and the Social Contract

NCJ Number
119422
Journal
American Journal of Jurisprudence Volume: 33 Dated: (1988) Pages: 207-239
Author(s)
C F Murphy
Date Published
1988
Length
33 pages
Annotation
Drawing on the social philosophies of Plato and Aristotle as well as Hobbes, Locke, Rousseau, and Kant, the author analyzes John Rawls' assertion in "A Theory of Justice" that political authority can be justified only when derived from the consent of morally autonomous individuals.
Abstract
A valid social contract must recognize the value of the human person. The differences in Hobbes' and Locke's views of the social contract are discussed. Rousseau's wise legislator is contrasted with the governments envisioned by Hobbes and Locke. Kant's exploration of the relationship between politics and philosophy is outlined as is Rawls' concept of the need to tolerate many differing concepts of what is good. Rawls seeks a public standard for citizens to use in determining the justice of political and social institutions. Renewed interest in the social contract suggests a need for wisdom in political leaders. 25 footnotes.

Downloads

No download available

Availability