1. Social Contract Theory
Thomas Hobbes
5 April 1588 – 4 December 1679
Leviathan 1651 1

2. Pre-industrial Societies
Two-tiered
The elites who rule (2-5%)
Peasants, slaves, etc (95-98%

3. Feudalism Society exists to maintain order
Societies rulers are ordained by God
You are live your entire life in the class you were born into
Lower classes are inferior to higher classes

4. The Liberal Tradition
Society exists to protect human rights and ensure human freedom
Rulers are those best able to provide this protection and such freedoms.

5. The State of Nature 5

6. The Basic Facts of Human nature
People have equal basic needs (e.g. food, sex, shelter, warmth, etc.)
2) The good that fulfill our needs are of limited supply.
3) Human power is essentially equal.
4) Human beings are fundamentally self interested

7. Egoism
The only real motivation we ever have is self-interest – our own personal pleasure and well-being.
Other things – even other people! - only matter to us insofar as they contribute to our pleasure and well-being 7

8. Hedonism
The only thing good is pleasure The only thing bad is pain Good = Pleasure Bad = Pain

9. Reason
Cost/Benefit Analysis

10. The Social Contract 10

11. Objections to the theory
1) There never was a social contract
2) Why should I obey the contract?
3) What about duties to those who can't agree to the contract and/or benefit us (i.e., non-human animals, babies, severely cognitively challenged people).

12. John Locke
Key ideas: Democracy Separation of Powers Religious Toleration “Tabula Rasa” Property Rights

13. Property Rights
If I labor to achieve or build something, than I should be entitled to the fruit of my labor. This means that I should own it. It is my property.

14. Jean-Jacques Rosseau
B 1712 D 1789 Key Ideas: Noble Savage Education Benign “State of nature” The General Will

15. Chimps or Bonobos?

16. John Stuart Mill
Born: May 20, 1806, Pentonville, London, United Kingdom Died: May 8, 1873, Avignon, France Spouse: Harriet Taylor Mill (m. 1851–1858) Education: University College London

17. The Principle of Liberty
The Principle of Liberty requires that ONLY actions which quite clearly harm others can be illegal.

18. Principles of Law that Mill would reject
*Paternalism – Laws that forbid people to engage in self-harming behavior
Moralism – Laws that forbid immoral behavior
Offense – Laws that forbid offending others.

19. But is paternalism ever justified?
Mill thought it was in one extreme case. He said that the law cannot permit a person to sell themselves into slavery. The point of a just society is to maximize individual freedom, slavery is the opposite of that. Is addiction a form of slavery?

20. Paternalism
Does the law ever have the right to prevent people from harming themselves?
Mentally disabled people?
Mentally Ill people?
What if the harm is quite severe?

21. Self-Driving Cars?

22. The Problem of Prescription Drugs