social contract theory

Question 1

the terms of the social contract theory

Answer 1

the government protects individuals from private criminals and foreign governments and the people obey the laws and pay taxes

Question 2

how do the terms of the social contract lead to political authority

Answer 2

citizens have agreed to obey the law and have granted the government permission to coerce them

Question 3

explicit social contract

Answer 3

Where agreement is actually stated (verbally or in writing).

Question 4

implicit social contract

Answer 4

Where agreement is implied in one’s behavior but not stated in words.

Question 5

hypothetical social contract

Answer 5

Where agreement hasn’t been made but would have been made under
some hypothetical conditions.

Question 6

how do we implicitly accept the contract?

Answer 6

passive consent- one consents by failing to express dissent
consent through acceptance of benefits- one consents by voluntarily accepting benefits produced by the system
consent through presence- one consents by remaining in the territory
consent through participation- one consents by participating in the system

Question 7

principles for valid consent

Answer 7

valid consent requires a reasonable way of opting out (the way of opting out cannot require the dissenter to give up things of value he has a right to). explicit dissent trumps alleged implicit consent (if you say you don’t agree you don’t agree). There can’t be unconditional imposition (if you know that x will happen whether you do A or not, then you’re doing A does not count as agreeing to x. Contracts are supposed to create mutual conditional obligation (both parties are obligated to do something for each other. if one party fails the other party is not bound to hold up their end of deal either)

Question 8

problem for the social contract

Answer 8

• no way of opting out
  -the state refuses to recognize explicit dissent
  -the state will impose its laws on you whether or not you accept its services
  -absence of mutual obligation

Question 9

Warren v District of Columbia

Answer 9

In this case, three women sued the D.C. Metropolitan Police Department, for failing to protect them from a pair of criminals who broke into their apartment and beat, robbed, and raped them.

Question 10

4 conditions for liability

Answer 10

-You had a duty to someone.
- You breached that duty.
- They suffered a harm.
- Your breach of duty was the cause of the harm.

Question 11

result of case

Answer 11

The judge dismissed the case summarily (without trial), on the grounds that the
government had no duty to protect the women. In general, the government has no obligation
to provide any service to any specific individual.
- the us government has repudiated the social contract. Since the state
recognizes no duties to the individual, the individual has no duties to the state.