Inherent Right to Self Defense Part II: Social Contract Theory

That idea of the modern "social contract" has veered away significantly from the Lockean theory of the "social contract", the theory most influential on the Declaration of Independence and the Constitution, that people willingly give up some rights to the state in order to maintain society, but still maintains specific, individual and unalienable rights. One of which is the "unalienable right to Life". That "unalienable right to Life" necessitates "self defense". Locke did not believe that the idea of "social contract" and the idea of individual rights were contradictory.

Modern ideas of the "social contract" reflect more closely Hobbes theory that, to live with in a civilized society, people give up all their rights to the state. The state in turn provides for all protection. The state is a "Leviathan" that makes and enforces all laws and metes out necessary punishment for breaking those laws of society. Any individual who goes outside of this social contract, including defending his life by taking another, is simply practicing egotism. Their actions could unbalance and damage society. Thus, it is better to leave the apprehension and punishment of the "outlaw" to the state in order to avoid damaging a "peaceful" social contract of the majority. In fact, subjugating every right of the individual, including the "right to life", to the power of the state.

These ideas on the "social contract" are not new. They were extensively read, along with many other philosophers, and discussed among the leading thinkers at the time of the foundation of this nation. These same philosophies are still taught in universities today and reflect on our modern ideas of society and morality. The fact that our founding fathers read, debated and wrote about these ideas points to a refined sense of morality, conscience and philosophy. It negates the accepted modern philosophical myth that the rusticity of colonial life was so rough and tumble that the colonials were living in a "state of nature". Which, according to Hobbes meant that, by the sheer need to survive, the "laws of nature" were the guiding principles of life. In short: every man for himself.

History, records, books and other archives directly refute that idea. At the time of the Rebellion, universities, churches, judiciary, constabulary forces. established law and local governance existed even in some of the most far flung of colonial outposts. However, it is the historical, philosophical myth of rusticity and frontiersmen without social or moral boundaries that leads modern philosophers, legislators and citizens to believe that society has some how improved on that morality and conscience. Instead, we have simply moved from the founders reliance on the Lockean theory of "social contract" to Hobbes "absolutism" and "Leviathan" state.

There is plenty of room to argue about which theory of social contract applies to historical or modern society based on our best understanding of life in either period of time. There is also plenty of room to argue about which theory of social contract is best for "modern society". However, there is little room to argue which philosopher and social contract theory the founders most identified with and used to establish their ideas on the right to rebellion, individual rights and government. That philosopher was John Locke.

His theories in the Treatise of Two Governments heavily influenced the Declaration of Independence including the ideas of Natural Laws, Unalienable Rights and the Right To Rebellion.