CJA/530
Charles Gill
July 11, 2011
This paper analyzes the social contract theory of John Locke and how his values are consistent with the criminal justice system and private security settings of today. It will further discuss whether or not Locke’s’ values and principles apply to both criminal justice and private security venues. I will also summarize the major differences of the social contract theories; identify the key principles associated with Locke’s social contract theory; identify how these principles are inculcated in the U.S. Bill of Rights; identify how these principles play out in the criminal justice system and security settings of today and finally describe freedom in relationship …show more content…
He believed in the concept of individual freedoms and government, also known as liberalism. He had a great respect for man’s moral judgment and thought that men were all “pleasant chaps”. Locke’s’ ideals were that of a capitalist mentality, and exercised perfect freedom in relation to fulfilling financial interests. He believed in an orderly society in which we should leave the state of affairs in every man’s hands within that orderly society. And last but certainly not least, he believed in separation of powers and in the system of checks and balances. How is liberalism in the criminal justice system today? We are very fortunate to live in a time where we can exercise our own individual thoughts. As I Iook at the criminal justice system of today, I believe that our right to have freedom of speech goes a long way in helping to make decisions based on who we should follow and what we feel is right and …show more content…
It is also within our realm to be fair and just with our response to crimes. One such specification is that we should be swift, balanced and just in our reaction to crimes and criminal behavior. Along these lines, it is essentially important that, for example, we decide on an appropriate punishment for the exercise of a capital punishment such as murder and rape. Locke set forth the view that the state exists to preserve the natural rights of its citizens. When governments fail in that task, citizens have the right and sometimes the duty to withdraw their support and even to rebel.
Locke’s social contract theory inculcated in The U.S. Bill of Rights by his argument that governments, by virtue of the ‘social contract,’ are responsible for protecting the natural rights (life, liberty, and ownership of property) of citizens and he was in favor of participation of the people in government affairs, and their input is clearly embedded in the Declaration of Independence of 1776. We know that the Bill of Rights stipulated freedom of speech and prohibited cruel and unusual