The state of nature and
social contract theory
Michael Lacewing
enquiries@alevelphilosophy.co.uk
© Michael Lacewing
The origin of the state
• How does political organization begin? Why
have a state at all?
– Historical
– Philosophical: imagine being without it – what
reason is there to bring it about?
• ‘State of nature’: no political organization,
no laws
– Everyone is ‘free’; how do we become bound by
laws?
Hobbes on state of nature
• Self-preservation
• Conflict of ‘natural
right’
– Justice depends on
laws
• State of ‘war’
• Life is ‘solitary,
poore, nasty,
brutish, and short’
Hobbes on contract
• Self-preservation is threatened: it is rational
to agree to political organization
• ‘Laws of Nature’: rationality in the service of
self-interest
– First: ‘That every man, ought to endeavour
Peace, as farre as he has hope of obtaining it;
and when he cannot obtain it, that he may seek,
and use, all helps, and advantages of Warre’
• Agree with others to give up natural right
and submit to law
Why agree?
• Egoism: because it is in my self-interest
• Contractarianism: the state is the result of
an agreement about how to behave that
people have reached because they realise it
is in their self-interest
• This is also ‘rational’: it is rational to do
what benefits oneself
The social contract
• Better not to be harmed by others – hence
constraints on others’ behaviour; but better
not to be constrained
• Solution: agree to constraints given that
others agree; not best for me, but best I can
get
• But before we have agreed, how can we
trust others to keep the contract?
– Irrational emotions
– Short-sighted
Prisoner’s Dilemma
Barry confesses Barry doesn’t
confess
Adam
confesses
Both get 7 years Adam is free,
Barry gets 10
years
Adam
doesn’t
confess
Adam gets 10
years, Barry is
free
Both get 2 years
The ‘free rider’ problem
• In a situation of trust, if everyone else is
acting morally, it is even better to act selfinterestedly – at least if you can get away
with it.
• But how can I trust others to keep the contract?
• The contract is collectively in everyone’s
self-interest, but it is in each person’s selfinterest to break the agreement – knowing
this, we won’t trust each other!
Locke on state of nature
• Law of Nature is moral: no
person may subordinate
another, harm his life,
health, liberty or possessions
(except in self-defence), and
furthermore, that we should
help each other when this
does not harm ourselves
• No scarcity: each can provide
for themselves, and prefer
this over violence
• But what if some are violent?
Contract and punishment
• Equality: we all have the right to
punish violations of the Law of Nature
– But can we enforce punishment?
• Three problems:
– Disagreements on violations
– Biased application
– Lack of power
• State solves these problems
What kind of state?
• Hobbes: we can only be sure that people will
keep the contract if they are forced to
– State must have the power to create and enforce
whatever laws it judges are necessary
– Absolute sovereign: a single person or political
body on whom there are no restraints of law.
• Locke: this is more dangerous than state of
nature
– Only rational to agree to some form of
democracy, in which equality and liberty are
preserved
Objections
• Social contract theory is an unhelpful
fiction, because social organization is
natural for us
– Because it is natural, we don’t need to justify it –
we never gave up natural freedom
• Hume on cooperation: We need more than
we can provide ourselves
– We lack power
– We lack ability
– We can face misfortune
Objections
• Working as a group:
– We have greater power, through division
of labour
– We can get what we can’t produce
ourselves, through exchange of good
– We can provide mutual support through
misfortune
• Rules of justice and punishment are
also in our self-interest, and evolve as
a result