Social Contract Theory of John Locke

Running Head : JOHN LOCKE

John Locke 's Social Contract Theory

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John Locke 's Social Contract Theory

The rationale of the current criminal justice system will not be as humane and civil without the contributions of John Locke on the field of Social Contract . Locke 's positive view on the concept of government has created a system of principles which paved the way for one of the most efficient political ideologies in history . And because of Locke 's remarkable ideology , societies across the world would

have still been ruled by kings and tyrants who tend to execute the authority of the law through brutal and diabolical means

In a general context , the Social Contract Theory is a political concept encompassing an agreement between political and moral obligations granted to an individual (Curry Goodheart , 1991 . Locke however emphasizes a positive perspective of human nature by suggesting that humans have a unique ability found in reasoning . Locke furthers his argument by insinuating that humans are created equally with rights such as life , liberty and property and should not submit to a single person 's will (Locke , 2003 . In addition , Locke also sees the natural law as the standard in justifying the immorality of violating rights concerning a person 's welfare , which includes life , liberty , health and possessions (Locke , 2003

Locke 's ideology also constitutes that individuals under the jurisdiction of a particular government surrender several of their rights in to secure stable delectation of life , liberty , and property in to think and act in a rational manner (Locke , 2003 However , Locke also explains how governments should have little and limited control of the people 's rights and that such submission of rights should be conditional due to the countless instances wherein governments exercise tendencies to abuse power as well as corrupt and oppress people . Therefore , the stipulations of Locke 's Social Contract Theory only calls for the concept of moderation as far as governance is concerned

The premise of Locke 's Social Contract Theory has proved to be a compelling force to the current criminal justice system . In the context of modern criminal justice system , property holds as the key element while the society and the government act as the factors under the social contract . In accordance to the manner of how modern individuals abuse freedom , which lead to chaotic and destructive aftermaths . The current criminal justice system does not involve prejudice among the society and the government who will pass down the particular verdict for violations against the law . Unlike the monarchial system of justice wherein the entire prosecution the ruler 's responsibility , the current criminal justice system is comprised of various factors like police , courts lawyers , which makes due process possible

During the height of monarchies , public trials are usually held only once , and public opinion serves as the jury . In the modern concept of a Due Process , the rationality described by Locke comes in various ways First is Due Process wherein the criminal or...