The Social Contract and Rawls' Principles of Justice

Throughout history and in modern society, the relationship between law and justice has been examined and debated resulting in the creation of various theories attempting to outline systems of a just society. Some of these theories revolve around a central notion of a ‘social contract’ in which society is formed through a theoretical agreement between a group of people about their moral and political obligations. This concept has been used by theorists such as Mill and Rousseau, to explain why the law is justified in its right to constrain the behaviour of individuals and organisations in society. Later in the twentieth century, John Rawls took a novel stance on the concept of the social contract, in which principles of justice were defined for an ‘ideal society’. As such, these principles may offer good moral reasons to comply willingly with the law. However, more recently there have been criticisms by feminists that the social contract does not paint a complete picture of our moral and political lives and instead has, in some ways, assisted in giving more power over certain classes of people (Friend, 2006). In this essay I will evaluate the original notions of the social contract in order to demonstrate how the social contract regulates behaviour and has also, in its conceptualisation, subjugated some aspects of society through its unequal representation. I will then explore John Rawls’ ‘Principle’s of Justice’ and discuss whether, if Rawls hypothetical situation could be implemented, it would provide good moral reason to comply with the law.

The development of the social contract arose out of a ‘state of nature’ in which the need for an arrangement of societal order evolved when humanity faced changes in which the population increased and so society’s mechanisms for survival were also increased. An introduction of a division of labour became present that bought about new inventions developing an easier lifestyle with more leisure time (Friend, 2006). In

References: Boucher, D., & Kelly, P (ed.) 1994, The Social Contract from Hobbes To Rawls, Routledge, London & New York. Friend, C. 2006, “Social Contract Theory”, from the Internet Encyclopedia of Philosophy. http://www.iep.utm.edu/s/soc-cont.htm first accessed on 29/7/08. Coole, D. 1994 ‘Women gender and Contract’, in Boucher & Kelly (eds), The Social Contract From Hobbes to Rawls, Routledge, London & New York. Coole, D (ed.) 1993, Women in Political Theory from ancient Misogyny to Contemporary Feminisim, 2nd edn, Harvester Wheatsheaf, Hertfordshire. Law, Society and Morality, HPA 242/342. Study Guide, 2008. Pateman, C., & Gross, E (ed.) 1986, Feminist Challenges Social and Political Theory, Allen & Unwin, Sydney.