社会契约与契约理论
According to the will theory of contract, which was dominant in the 19th century and still exerts a strong influence, a contract is not presumed valid unless all parties agree to it voluntarily, either tacitly or explicitly, without coercion. A supposed social contract cannot be used to justify governmental actions such as taxation, because government will initiate force against anyone who does not wish to enter into such a contract. As a result, such an agreement is not voluntary and therefore cannot be considered a legitimate contract at all.
However, the philosophical concept of social contract does not address the same issues as present-day juridical contract theory, making the name “social contract” potentially misleading. For this reason some thinkers preferred the term “social compact”. The key notion of social contract or compact is that the individual consents by entering or remaining on the dominion of an existing society, which is usually a geographic territory, in much the same way one does when entering or remaining in someone’s household or private property. People are normally brought up from childhood to respect the boundaries of societies, including families, and the rules made by them for their territorial spaces. That is part of the socialization development process.
对社会契约的违反
The social contract and the civil rights it gives us are neither “natural” nor permanently fixed. Rather, the contract itself is a means towards an end—the benefit of all—and is only legitimate to the extent that it meets the general interest. Therefore, when failings are found in the contract, we renegotiate to change the terms, using methods such as elections and legislature.
Since rights come from agreeing to the contract, those who simply choose not to fulfill their contractual obligations, such as by committing crimes, risk losing some of their rights, and the rest of society can be expected to protect itself against the actions of such outlaws. To be a member of society is to accept responsibility for following its rules, along with the threat of punishment for violating them. Most of us are comfortable with laws punishing behavior that harms people because we are concerned about others harming us and don’t plan on harming others. In this way, society works by “mutual coercion, mutually agreed upon”.
