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Wednesday, August 22, 2018

Alexis de Tocqueville

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Alexis de Tocqueville
Alexis de tocqueville.jpg
Portait by Théodore Chassériau, 1850
Minister of Foreign Affairs
In office
2 June 1849 – 30 October 1849
Prime Minister Odilon Barrot
Preceded by Édouard Drouyn de Lhuys
Succeeded by Alphonse de Rayneval
Member of the National Assembly
for Manche
In office
25 April 1848 – 3 December 1851
Preceded by Léonor-Joseph Havin
Succeeded by Hervé de Kergorlay
Constituency Sainte-Mère-Église
Member of the Chamber of Deputies
for Manche
In office
7 March 1839 – 23 April 1848
Preceded by Jules Polydore Le Marois
Succeeded by Gabriel-Joseph Laumondais
Constituency Valognes
Personal details
Born Alexis Charles Henri Clérel de Tocqueville
29 August 1805
Paris, French Empire
Died 16 April 1859 (aged 53)
Cannes, French Empire
Political party Resistance Party
(1839–1848)
Party of Order
(1848–1851)
Spouse(s)
Mary Mottley
(m. 1835; d. 1859)
Alma mater University of Paris
Profession Historian, magistrate, jurist

Philosophy career
Notable work Democracy in America (1835)
The Old Regime and the Revolution (1856)
Era 19th-century philosophy
Region Western philosophy
School Classical liberalism
Main interests
History, political philosophy, sociology
Notable ideas
Voluntary association, mutual liberty, soft despotism

Alexis Charles Henri Clérel, Viscount de Tocqueville (/ˈtkvɪl, ˈtɒk-/; French: [alɛgzi də tɔkvil]; 29 July 1805 – 16 April 1859) was a French diplomat, political scientist and historian. He was best known for his works Democracy in America (appearing in two volumes, 1835 and 1840) and The Old Regime and the Revolution (1856). In both, he analyzed the improved living standards and social conditions of individuals as well as their relationship to the market and state in Western societies. Democracy in America was published after Tocqueville's travels in the United States and is today considered an early work of sociology and political science.

Tocqueville was active in French politics, first under the July Monarchy (1830–1848) and then during the Second Republic (1849–1851) which succeeded the February 1848 Revolution. He retired from political life after Louis Napoléon Bonaparte's 2 December 1851 coup and thereafter began work on The Old Regime and the Revolution.

He argued the importance of the French Revolution was to continue the process of modernizing and centralizing the French state which had begun under King Louis XIV. The failure of the Revolution came from the inexperience of the deputies who were too wedded to abstract Enlightenment ideals. Tocqueville was a classical liberal who advocated parliamentary government, but he was skeptical of the extremes of democracy.

Life

Alexis de Tocqueville came from an old Norman aristocratic family. His parents, Hervé Louis François Jean Bonaventure Clérel, Comte de Tocqueville, an officer of the Constitutional Guard of King Louis XVI; and Louise Madeleine Le Peletier de Rosanbo narrowly escaped the guillotine due to the fall of Robespierre in 1794.

Under the Bourbon Restoration, Tocqueville's father became a noble peer and prefect. Tocqueville attended the Lycée Fabert in Metz.

The Fabert School in Metz, where Tocqueville was a student between 1817 and 1823

Tocqueville, who despised the July Monarchy (1830–1848), began his political career in 1839. From 1839 to 1851, he served as deputy of the Manche department (Valognes). In parliament, he defended abolitionist views and upheld free trade while supporting the colonisation of Algeria carried on by Louis-Philippe's regime. Tocqueville was also elected general counsellor of the Manche in 1842 and became the president of the department's conseil général between 1849 and 1851. According to one account, Tocqueville's political position became untenable during this time in the sense that he was mistrusted by both the left and right and was looking for an excuse to leave France.

Travels

In 1831, he obtained from the July Monarchy a mission to examine prisons and penitentiaries in the United States and proceeded there with his lifelong friend Gustave de Beaumont. While Tocqueville did visit some prisons, he traveled widely in the United States and took extensive notes about his observations and reflections.[5] He returned within nine months and published a report, but the real result of his tour was De la démocratie en Amerique, which appeared in 1835.[6] Beaumont also wrote an account of their travels in Jacksonian America: Marie or Slavery in the United States (1835).[7] During this trip, he made a side trip to Lower Canada to Montreal and Quebec City from mid-August to early September 1831.

Apart from North America, Tocqueville also made an observational tour of England, producing Memoir on Pauperism. In 1841 and 1846, he traveled to Algeria. His first travel inspired his Travail sur l'Algérie in which he criticized the French model of colonisation, which was based on an assimilationist view, preferring instead the British model of indirect rule, which avoided mixing different populations together. He went as far as openly advocating racial segregation between the European colonists and the Arabs through the implementation of two different legislative systems (a half century before implementation of the 1881 Indigenous code based on religion).

In 1835, Tocqueville made a journey through Ireland. His observations provide one of the best pictures of how Ireland stood before the Great Famine (1845–1849). The observations chronicle the growing Catholic middle class and the appalling conditions in which most Catholic tenant farmers lived. Tocqueville made clear both his libertarian sympathies and his affinity for his Irish co-religionists.

After the fall of the July Monarchy during the February 1848 Revolution, Tocqueville was elected a member of the Constituent Assembly of 1848, where he became a member of the Commission charged with the drafting of the new Constitution of the Second Republic (1848–1851). He defended bicameralism (the wisdom of two parliamentary chambers) and the election of the President of the Republic by universal suffrage. As the countryside was thought to be more conservative than the labouring population of Paris, universal suffrage was conceived as a means to counteract the revolutionary spirit of Paris.

During the Second Republic, Tocqueville sided with the parti de l'Ordre against the socialists. A few days after the February insurrection, he believed that a violent clash between the Parisian workers' population led by socialists agitating in favor of a "Democratic and Social Republic" and the conservatives, which included the aristocracy and the rural population, was inescapable. As Tocqueville had foreseen, these social tensions eventually exploded during the June Days Uprising of 1848.

Led by General Cavaignac, the suppression was supported by Tocqueville, who advocated the "regularization" of the state of siege declared by Cavaignac and other measures promoting suspension of the constitutional order. Between May and September, Tocqueville participated in the Constitutional Commission which wrote the new Constitution. His proposals underlined the importance of his North American experience as his amendment about the President and his reelection.

Minister of foreign affairs

Caricature by Honoré Daumier, 1849
 
Tocqueville at the 1851 "Commission de la révision de la Constitution à l'Assemblée nationale"

A supporter of Cavaignac and of the parti de l'Ordre, Tocqueville accepted an invitation to enter Odilon Barrot's government as Minister of Foreign Affairs from 3 June to 31 October 1849. During the troubled days of June 1849, he pleaded with Interior Minister Jules Dufaure for the reestablishment of the state of siege in the capital and approved the arrest of demonstrators. Tocqueville, who since February 1848 had supported laws restricting political freedoms, approved the two laws voted immediately after the June 1849 days which restricted the liberty of clubs and freedom of the press.

This active support in favor of laws restricting political freedoms stands in contrast of his defense of freedoms in Democracy in America. According to Tocqueville, he favored order as "the sine qua non for the conduct of serious politics. He [hoped] to bring the kind of stability to French political life that would permit the steady growth of liberty unimpeded by the regular rumblings of the earthquakes of revolutionary change″.

Tocqueville had supported Cavaignac against Louis Napoléon Bonaparte for the presidential election of 1848. Opposed to Louis Napoléon Bonaparte's 2 December 1851 coup which followed his election, Tocqueville was among the deputies who gathered at the 10th arrondissement of Paris in an attempt to resist the coup and have Napoleon III judged for "high treason" as he had violated the constitutional limit on terms of office. Detained at Vincennes and then released, Tocqueville, who supported the Restoration of the Bourbons against Napoleon III's Second Empire (1851–1871), quit political life and retreated to his castle (Château de Tocqueville).

Against this image of Tocqueville, biographer Joseph Epstein has concluded: "Tocqueville could never bring himself to serve a man he considered a usurper and despot. He fought as best he could for the political liberty in which he so ardently believed—had given it, in all, thirteen years of his life [....] He would spend the days remaining to him fighting the same fight, but conducting it now from libraries, archives, and his own desk". There, he began the draft of L'Ancien Régime et la Révolution, publishing the first tome in 1856, but leaving the second one unfinished.

Death

A longtime sufferer from bouts of tuberculosis, Tocqueville would eventually succumb to the disease on 16 April 1859, and was buried in the Tocqueville cemetery in Normandy.

Tocqueville's professed religion was Roman Catholicism.[14] He saw religion as being compatible with both equality and individualism, but felt that religion would be strongest when separated from politics.[5]

Democracy in America

A page from original working manuscript of Democracy in America, c. 1840

In Democracy in America, published in 1835, Tocqueville wrote of the New World and its burgeoning democratic order. Observing from the perspective of a detached social scientist, Tocqueville wrote of his travels through the United States in the early 19th century when the Market Revolution, Western expansion and Jacksonian democracy were radically transforming the fabric of American life.

According to Joshua Kaplan, one purpose of writing Democracy in America was to help the people of France get a better understanding of their position between a fading aristocratic order and an emerging democratic order, and to help them sort out the confusion. Tocqueville saw democracy as an equation that balanced liberty and equality, concern for the individual as well as for the community.

Tocqueville was an ardent supporter of liberty. "I have a passionate love for liberty, law, and respect for rights", he wrote. "I am neither of the revolutionary party nor of the conservative....Liberty is my foremost passion". He wrote of "Political Consequences of the Social State of the Anglo-Americans" by saying: "But one also finds in the human heart a depraved taste for equality, which impels the weak to want to bring the strong down to their level, and which reduces men to preferring equality in servitude to inequality in freedom".

The above is often misquoted as a slavery quote because of previous translations of the French text. The most recent translation from Arthur Goldhammer in 2004 translates the meaning to be as stated above. Examples of misquoted sources are numerous on the internet, but the text does not contain the words "Americans were so enamored by equality" anywhere.

His view on government reflects his belief in liberty and the need for individuals to be able to act freely while respecting others' rights. Of centralized government, he wrote that it "excels in preventing, not doing".

He continues to comment on equality by saying: "Furthermore, when citizens are all almost equal, it becomes difficult for them to defend their independence against the aggressions of power. As none of them is strong enough to fight alone with advantage, the only guarantee of liberty is for everyone to combine forces. But such a combination is not always in evidence".

Tocqueville explicitly cites inequality as being incentive for poor to become rich and notes that it is not often that two generations within a family maintain success and that it is inheritance laws that split and eventually break apart someone's estate that cause a constant cycle of churn between the poor and rich, thereby over generations making the poor rich and rich poor. He cites protective laws in France at the time that protected an estate from being split apart among heirs, thereby preserving wealth and preventing a churn of wealth such as was perceived by him in 1835 within the United States.

On civil and political society and the individual

Tocqueville's main purpose was to analyze the functioning of political society and various forms of political associations, although he brought some reflections on civil society too (and relations between political and civil society). For Tocqueville, as for Georg Wilhelm Friedrich Hegel and Karl Marx, civil society was a sphere of private entrepreneurship and civilian affairs regulated by civil code. As a critic of individualism, Tocqueville thought that through associating the coming together of people for mutual purpose, both in public and private, Americans are able to overcome selfish desires, thus making both a self-conscious and active political society and a vibrant civil society functioning according to political and civil laws of the state.

According to political scientist Joshua Kaplan, Tocqueville did not originate the concept of individualism, instead he changed its meaning and saw it as a "calm and considered feeling which deposes each citizen to isolate himself from the mass of his fellows and to withdraw into the circle of family and friends [...] with this little society formed to his taste, he gladly leaves the greater society to look for itself".[5] While Tocqueville saw egotism and selfishness as vices, he saw individualism as not a failure of feeling, but as a way of thinking about things which could have either positive consequences such as a willingness to work together, or negative consequences such as isolation and that individualism could be remedied by improved understanding.

When individualism was a positive force and prompted people to work together for common purposes and seen as "self-interest properly understood", then it helped to counterbalance the danger of the tyranny of the majority since people could "take control over their own lives" without government aid. According to Kaplan, Americans have a difficult time accepting Tocqueville's criticism of the stifling intellectual effect of the "omnipotence of the majority" and that Americans tend to deny that there is a problem in this regard.

Others, such as the Catholic writer Daniel Schwindt, disagree with Kaplan's interpretation, arguing instead that Tocqueville saw individualism as just another form of egotism and not an improvement over it.[20] To make his case, Schwindt provides citations such as the following:
Egoism springs from a blind instinct; individualism from wrong-headed thinking rather than from depraved feelings. It originates as much from defects of intelligence as from the mistakes of the heart. Egoism blights the seeds of every virtue; individualism at first dries up only the source of public virtue. In the longer term it attacks and destroys all the others and will finally merge with egoism.

On democracy and new forms of tyranny

Tocqueville warned that modern democracy may be adept at inventing new forms of tyranny because radical equality could lead to the materialism of an expanding bourgeoisie and to the selfishness of individualism. "In such conditions, we might become so enamored with 'a relaxed love of present enjoyments' that we lose interest in the future of our descendants...and meekly allow ourselves to be led in ignorance by a despotic force all the more powerful because it does not resemble one", wrote The New Yorker's James Wood. Tocqueville worried that if despotism were to take root in a modern democracy, it would be a much more dangerous version than the oppression under the Roman emperors or tyrants of the past who could only exert a pernicious influence on a small group of people at a time.

In contrast, a despotism under a democracy could see "a multitude of men", uniformly alike, equal, "constantly circling for petty pleasures", unaware of fellow citizens and subject to the will of a powerful state which exerted an "immense protective power". Tocqueville compared a potentially despotic democratic government to a protective parent who wants to keep its citizens (children) as "perpetual children" and which does not break men's wills, but rather guides it and presides over people in the same way as a shepherd looking after a "flock of timid animals".

On American social contract

Tocqueville's penetrating analysis sought to understand the peculiar nature of American political life. In describing the American, he agreed with thinkers such as Aristotle and Montesquieu that the balance of property determined the balance of political power, but his conclusions after that differed radically from those of his predecessors. Tocqueville tried to understand why the United States was so different from Europe in the last throes of aristocracy. In contrast to the aristocratic ethic, the United States was a society where hard work and money-making was the dominant ethic, where the common man enjoyed a level of dignity which was unprecedented, where commoners never deferred to elites and where what he described as crass individualism and market capitalism had taken root to an extraordinary degree.

Tocqueville writes: "Among a democratic people, where there is no hereditary wealth, every man works to earn a living. [...] Labor is held in honor; the prejudice is not against but in its favor".

A sketch of Tocqueville

Tocqueville asserted that the values that had triumphed in the North and were present in the South had begun to suffocate old-world ethics and social arrangements. Legislatures abolished primogeniture and entails, resulting in more widely distributed land holdings. This was a contrast to the general aristocratic pattern in which only the eldest child, usually a man, inherited the estate, which had the effect of keeping large estates intact from generation to generation.

In contrast, in the United States landed elites were less likely to pass on fortunes to a single child by the action of primogeniture, which meant that as time went by large estates became broken up within a few generations which in turn made the children more equal overall. According to Joshua Kaplan's interpretation of Tocqueville, it was not always a negative development since bonds of affection and shared experience between children often replaced the more formal relation between the eldest child and the siblings, characteristic of the previous aristocratic pattern. Overall, in the new democracies hereditary fortunes became exceedingly difficult to secure and more people were forced to struggle for their own living.

As Tocqueville understood it, this rapidly democratizing society had a population devoted to "middling" values which wanted to amass through hard work vast fortunes. In Tocqueville's mind, this explained why the United States was so different from Europe. In Europe, he claimed, nobody cared about making money. The lower classes had no hope of gaining more than minimal wealth while the upper classes found it crass, vulgar and unbecoming of their sort to care about something as unseemly as money and many were virtually guaranteed wealth and took it for granted. At the same time in the United States, workers would see people fashioned in exquisite attire and merely proclaim that through hard work they too would soon possess the fortune necessary to enjoy such luxuries.

Despite maintaining that the balance of property determined the balance of power, Tocqueville argued that as the United States showed, equitable property holdings did not ensure the rule of the best men. In fact, it did quite the opposite as the widespread, relatively equitable property ownership which distinguished the United States and determined its mores and values also explained why the United States masses held elites in such contempt.

On majority rule and mediocrity

Beyond the eradication of old-world aristocracy, ordinary Americans also refused to defer to those possessing, as Tocqueville put it, superior talent and intelligence and these natural elites could not enjoy much share in political power as a result. Ordinary Americans enjoyed too much power and claimed too great a voice in the public sphere to defer to intellectual superiors. This culture promoted a relatively pronounced equality, Tocqueville argued, but the same mores and opinions that ensured such equality also promoted mediocrity. Those who possessed true virtue and talent were left with limited choices.

Tocqueville said that those with the most education and intelligence were left with two choices. They could join limited intellectual circles to explore the weighty and complex problems facing society, or they could use their superior talents to amass vast fortunes in the private sector. Tocqueville wrote that he did not know of any country where there was "less independence of mind, and true freedom of discussion, than in America".

He blamed the omnipotence of majority rule as a chief factor in stifling thinking: "The majority has enclosed thought within a formidable fence. A writer is free inside that area, but woe to the man who goes beyond it, not that he stands in fear of an inquisition, but he must face all kinds of unpleasantness in every day persecution. A career in politics is closed to him for he has offended the only power that holds the keys".[5] In contrast to previous political thinkers, Tocqueville argued that a serious problem in political life was not that people were too strong, but that people were "too weak" and felt powerless as the danger is that people felt "swept up in something that they could not control", according to Kaplan's interpretation of Tocqueville.

On slavery, blacks and Indians

Uniquely positioned at a crossroads in American history, Tocqueville's Democracy in America attempted to capture the essence of American culture and values. Though a supporter of colonialism, Tocqueville could clearly perceive the evils that black people and natives had been subjected to in the United States. Tocqueville devoted the last chapter of the first volume of Democracy in America to the question while his travel companion Gustave de Beaumont wholly focused on slavery and its fallouts for the American nation in Marie or Slavery in America. Tocqueville notes among the American races:
The first who attracts the eye, the first in enlightenment, in power and in happiness, is the white man, the European, man par excellence; below him appear the Negro and the Indian. These two unfortunate races have neither birth, nor face, nor language, nor mores in common; only their misfortunes look alike. Both occupy an equally inferior position in the country that they inhabit; both experience the effects of tyranny; and if their miseries are different, they can accuse the same author for them.
Tocqueville contrasted the settlers of Virginia with the middle class, religious Puritans who founded New England and analyzed the debasing influence of slavery:
The men sent to Virginia were seekers of gold, adventurers without resources and without character, whose turbulent and restless spirit endangered the infant colony. [...] Artisans and agriculturalists arrived afterwards...hardly in any respect above the level of the inferior classes in England. No lofty views, no spiritual conception presided over the foundation of these new settlements. The colony was scarcely established when slavery was introduced; this was the capital fact which was to exercise an immense influence on the character, the laws and the whole future of the South. Slavery...dishonors labor; it introduces idleness into society, and with idleness, ignorance and pride, luxury and distress. It enervates the powers of the mind and benumbs the activity of man. On this same English foundation there developed in the North very different characteristics.
Tocqueville concluded that return of the Negro population to Africa could not resolve the problem as he writes at the end of Democracy in America:
If the colony of Liberia were able to receive thousands of new inhabitants every year, and if the Negroes were in a state to be sent thither with advantage; if the Union were to supply the society with annual subsidies, and to transport the Negroes to Africa in government vessels, it would still be unable to counterpoise the natural increase of population among the blacks; and as it could not remove as many men in a year as are born upon its territory within that time, it could not prevent the growth of the evil which is daily increasing in the states. The Negro race will never leave those shores of the American continent to which it was brought by the passions and the vices of Europeans; and it will not disappear from the New World as long as it continues to exist. The inhabitants of the United States may retard the calamities which they apprehend, but they cannot now destroy their efficient cause.
In 1855, he wrote the following text published by Maria Weston Chapman in the Liberty Bell: Testimony against Slavery:
I do not think it is for me, a foreigner, to indicate to the United States the time, the measures, or the men by whom Slavery shall be abolished. Still, as the persevering enemy of despotism everywhere, and under all its forms, I am pained and astonished by the fact that the freest people in the world is, at the present time, almost the only one among civilized and Christian nations which yet maintains personal servitude; and this while serfdom itself is about disappearing, where it has not already disappeared, from the most degraded nations of Europe.


An old and sincere friend of America, I am uneasy at seeing Slavery retard her progress, tarnish her glory, furnish arms to her detractors, compromise the future career of the Union which is the guaranty of her safety and greatness, and point out beforehand to her, to all her enemies, the spot where they are to strike. As a man, too, I am moved at the spectacle of man's degradation by man, and I hope to see the day when the law will grant equal civil liberty to all the inhabitants of the same empire, as God accords the freedom of the will, without distinction, to the dwellers upon earth.

On policies of assimilation

According to Tocqueville, assimilation of black people would be almost impossible and this was already being demonstrated in the Northern states. As Tocqueville predicted, formal freedom and equality and segregation would become this population's reality after the Civil War and during Reconstruction as would the bumpy road to true integration of black people.

However, assimilation was the best solution for Native Americans and since they were too proud to assimilate, they would inevitably become extinct. Displacement was another part of America's Indian policy. Both populations were "undemocratic", or without the qualities, intellectual and otherwise needed to live in a democracy. Tocqueville shared many views on assimilation and segregation of his and the coming epochs, but he opposed Arthur de Gobineau's theories as found in The Inequality of Human Races (1853–1855).

On the United States and Russia as future global powers

In his Democracy in America, Tocqueville also forecast the preeminence of the United States and Russia as the two main global powers. In his book, he stated: "There are now two great nations in the world, which starting from different points, seem to be advancing toward the same goal: the Russians and the Anglo-Americans... Each seems called by some secret design of Providence one day to hold in its hands the destinies of half the world".

On civil jury service

Tocqueville believed that the American jury system was particularly important in educating citizens in self-government and rule of law. He often expressed how the civil jury system was one of the most effective showcases of democracy because it connected citizens with the true spirit of the justice system. In his 1835 treatise Democracy in America, he explained: "The jury, and more especially the civil jury, serves to communicate the spirit of the judges to the minds of all the citizens; and this spirit, with the habits which attend it, is the soundest preparation for free institutions. [...] It invests each citizen with a kind of magistracy; it makes them all feel the duties which they are bound to discharge toward society; and the part which they take in the Government".

Tocqueville believed that jury service not only benefited the society as a whole, but enhanced jurors' qualities as citizens. Because of the jury system, "they were better informed about the rule of law, and they were more closely connected to the state. Thus, quite independently of what the jury contributed to dispute resolution, participation on the jury had salutary effects on the jurors themselves".

1841 discourse on the Conquest of Algeria

French historian of colonialism Olivier LeCour Grandmaison has underlined how Tocqueville (as well as Jules Michelet) used the term "extermination" to describe what was happening during the colonization of Western United States and the Indian removal period. Tocqueville thus expressed himself in 1841 concerning the conquest of Algeria:
As far as I am concerned, I came back from Africa with the pathetic notion that at present in our way of waging war we are far more barbaric than the Arabs themselves. These days, they represent civilization, we do not. This way of waging war seems to me as stupid as it is cruel. It can only be found in the head of a coarse and brutal soldier. Indeed, it was pointless to replace the Turks only to reproduce what the world rightly found so hateful in them. This, even for the sake of interest is more noxious than useful; for, as another officer was telling me, if our sole aim is to equal the Turks, in fact we shall be in a far lower position than theirs: barbarians for barbarians, the Turks will always outdo us because they are Muslim barbarians. In France, I have often heard men I respect but do not approve of, deplore that crops should be burnt and granaries emptied and finally that unarmed men, women, and children should be seized. In my view these are unfortunate circumstances that any people wishing to wage war against the Arabs must accept. I think that all the means available to wreck tribes must be used, barring those that the human kind and the right of nations condemn. I personally believe that the laws of war enable us to ravage the country and that we must do so either by destroying the crops at harvest time or any time by making fast forays also known as raids the aim of which it to get hold of men or flocks.
Whatever the case, we may say in a general manner that all political freedoms must be suspended in Algeria.
Tocqueville thought the conquest of Algeria was important for two reasons: first, his understanding of the international situation and France's position in the world; and second, changes in French society. Tocqueville believed that war and colonization would "restore national pride, threatened", he believed, by "the gradual softening of social mores" in the middle classes. Their taste for "material pleasures" was spreading to the whole of society, giving it "an example of weakness and egotism".

Applauding the methods of General Bugeaud, Tocqueville went so far to claim that "war in Africa is a science. Everyone is familiar with its rules and everyone can apply those rules with almost complete certainty of success. One of the greatest services that Field Marshal Bugeaud has rendered his country is to have spread, perfected and made everyone aware of this new science".

Tocqueville advocated racial segregation in Algeria with two distinct legislations, one for European colonists and one for the Arab population.[37] Such a two-tier arrangement would be fully realised with the 1870 Crémieux decree and the Indigenousness Code, which extended French citizenship to European settlers and Algerian Jews whereas Muslim Algerians would be governed by Muslim law and restricted to a second-class citizenship.

Tocqueville's opposition to the invasion of Kabylie

In opposition to Olivier Le Cour Grandmaison, Jean-Louis Benoît claimed that given the extent of racial prejudices during the colonization of Algeria, Tocqueville was one of its "most moderate supporters". Benoît claimed that it was wrong to assume Tocqueville was a supporter of Bugeaud despite his 1841 apologetic discourse. It seems that Tocqueville modified his views after his second visit to Algeria in 1846 as he criticized Bugeaud's desire to invade Kabylie in an 1847 speech to the Assembly.

Although Tocqueville had favoured retention of distinct traditional law, administrators, schools and so on for Arabs who had come under French control, he judged the Berber tribes of Kabylie (in his second of Two Letters on Algeria, 1837) as "savages" not suited for this arrangement because he argued they would best be managed not by force of arms, but by the pacifying influences of commerce and cultural interaction.

Tocqueville's views on the matter were complex. Even though in his 1841 report on Algeria he applauded Bugeaud for making war in a way that defeated Abd-el-Kader's resistance, he had advocated in the Two Letters that the French military advance leave Kabylie undisturbed and in subsequent speeches and writings he continued to oppose intrusion into Kabylie.

In the debate about the 1846 extraordinary funds, Tocqueville denounced Bugeaud's conduct of military operations and succeeded in convincing the Assembly not to vote funds in support of Bugeaud's military columns. Tocqueville considered Bugeaud's plan to invade Kabylie despite the opposition of the Assembly as a seditious act in the face of which the government was opting for cowardice.

Report on Algeria (1847)

In his 1847 Report on Algeria, Tocqueville declared that Europe should avoid making the same mistake they made with the European colonization of the Americas in order to avoid the bloody consequences. More particularly he reminds his countrymen of a solemn caution whereby he warns them that if the methods used towards the Algerian people remain unchanged, colonization will end in a blood bath.

Tocqueville includes in his report on Algeria that the fate of their soldiers and finances depended on how the French government treats the various native populations of Algeria, including the various Arab tribes, independent Kabyles living in the Atlas Mountains and the powerful political leader Abd-el-Kader. In his various letters and essays on Algeria, Tocqueville discusses contrasting strategies by which a European country can approach imperialism. In particular, the author differentiates between what he terms "dominance" and a particular version of "colonization".

The latter stresses the obtainment and protection of land and passageways that promise commercial wealth. In the case of Algeria, the Port of Algiers and the control over the Strait of Gibraltar were considered by Tocqueville to be particularly valuable whereas direct control of the political operations of the entirety of Algeria was not. Thus, the author stresses domination over only certain points of political influence as a means to colonization of commercially valuable areas.

Tocqueville argued that though unpleasant, domination via violent means is necessary for colonization and justified by the laws of war. Such laws are not discussed in detail, but given that the goal of the French mission in Algeria was to obtain commercial and military interest as opposed to self-defense, it can be deduced that Tocqueville would not concur with just war theory's jus ad bellum criteria of just cause. Further, given that Tocqueville approved of the use of force to eliminate civilian housing in enemy territory, his approach does not accord with just war theory's jus in bello criteria of proportionality and discrimination.

The Old Regime and the Revolution

In 1856, Tocqueville published The Old Regime and the Revolution. The book analyzes French society before the French Revolution—the so-called "Ancien Régime"—and investigates the forces that caused the Revolution.

References in popular literature

Tocqueville was quoted in several chapters of Toby Young's memoirs How to Lose Friends and Alienate People to explain his observation of widespread homogeneity of thought even amongst intellectual elites at Harvard University during his time spent there. He is frequently quoted and studied in American history classes. Tocqueville is the inspiration for Australian novelist Peter Carey in his 2009 novel Parrot and Olivier in America.

Works

  • Alexis de Tocqueville and Gustave de Beaumont in America: Their Friendship and Their Travels, edited by Oliver Zunz, translated by Arthur Goldhammer (University of Virginia Press, 2011), 698 pages. Includes previously unpublished letters, essays, and other writings.
  • Du système pénitentaire aux États-Unis et de son application en France (1833) – On the Penitentiary System in the United States and Its Application to France, with Gustave de Beaumont.
  • De la démocratie en Amérique (1835/1840) – Democracy in America. It was published in two volumes, the first in 1835, the second in 1840. English language versions: Tocqueville, Democracy in America, trans. and eds, Harvey C. Mansfield and Delba Winthrop, University of Chicago Press, 2000; Tocqueville, Democracy in America (Arthur Goldhammer, trans.; Olivier Zunz, ed.) (The Library of America, 2004) ISBN 978-1-931082-54-9.
  • L'Ancien Régime et la Révolution (1856) – The Old Regime and the Revolution. It is Tocqueville's second most famous work.
  • Recollections (1893) – This work was a private journal of the Revolution of 1848. He never intended to publish this during his lifetime; it was published by his wife and his friend Gustave de Beaumont after his death.
  • Journey to America (1831–1832) – Alexis de Tocqueville's travel diary of his visit to America; translated into English by George Lawrence, edited by J.-P. Mayer, Yale University Press, 1960; based on vol. V, 1 of the Œuvres Complètes of Tocqueville.
  • L'Etat social et politique de la France avant et depuis 1789 – Alexis de Tocqueville
  • Memoir On Pauperism: Does public charity produce an idle and dependant class of society? (1835) originally published by Ivan R. Dee. Inspired by a trip to England. One of Tocqueville's more obscure works.
  • Journeys to England and Ireland, 1835.

Social contract

From Wikipedia, the free encyclopedia

The original cover of Thomas Hobbes's work Leviathan (1651), in which he discusses the concept of the social contract theory

In both moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment. Usually, the social contract concerns the legitimacy of the authority of the state over the individual. Social contract arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler (or to the decision of a majority) in exchange for protection of their remaining rights.

The question of the relation between natural and legal rights, therefore, is often an aspect of social contract theory. The term takes its name from The Social Contract (French: Du contrat social ou Principes du droit politique), a 1762 book by Jean-Jacques Rousseau that discussed this concept.

Although the antecedents of social contract theory are found in antiquity, in Greek and Stoic philosophy and Roman and Canon Law, the heyday of the social contract was the mid-17th to early 19th centuries, when it emerged as the leading doctrine of political legitimacy. The starting point for most social contract theories is an examination of the human condition absent of any political order that Thomas Hobbes termed the "state of nature".[2] In this condition, individuals' actions are bound only by their personal power and conscience. From this shared starting point, social contract theorists seek to demonstrate, in different ways, why a rational individual would voluntarily consent to give up their natural freedom to obtain the benefits of political order.

Hugo Grotius (1625), Thomas Hobbes (1651), Samuel von Pufendorf (1673), John Locke (1689), Jean-Jacques Rousseau (1762), and Immanuel Kant (1797) are among the most prominent of 17th-century and 18th-century theorists of social contract and natural rights. Each solved the problem of political authority in a different way. Grotius posited that individual human beings had natural rights. Thomas Hobbes famously said that in a "state of nature", human life would be "solitary, poor, nasty, brutish and short". In the absence of political order and law, everyone would have unlimited natural freedoms, including the "right to all things" and thus the freedom to plunder, rape, and murder; there would be an endless "war of all against all" (bellum omnium contra omnes). To avoid this, free men contract with each other to establish political community (civil society) through a social contract in which they all gain security in return for subjecting themselves to an absolute sovereign, one man or an assembly of men. Though the sovereign's edicts may well be arbitrary and tyrannical, Hobbes saw absolute government as the only alternative to the terrifying anarchy of a state of nature. Hobbes asserted that humans consent to abdicate their rights in favor of the absolute authority of government (whether monarchical or parliamentary). Pufendorf disputed Hobbes's equation of a state of nature with war.[3]

Alternatively, John Locke and Jean-Jacques Rousseau have argued that we gain civil rights in return for accepting the obligation to respect and defend the rights of others, giving up some freedoms to do so. The central assertion of social contract approaches is that law and political order are not natural, but are instead human creations. The social contract and the political order it creates are simply the means towards an end—the benefit of the individuals involved—and legitimate only to the extent that they fulfill their part of the agreement. According to Hobbes (in whose view government is not a party to the original contract) citizens are not obligated to submit to the government when it is too weak to act effectively to suppress factionalism and civil unrest. According to other social contract theorists, when the government fails to secure their natural rights (Locke) or satisfy the best interests of society (called the "general will" in Rousseau), citizens can withdraw their obligation to obey, or change the leadership through elections or other means including, when necessary, violence.

Locke believed that natural rights were inalienable, and that the rule of God therefore superseded government authority, and Rousseau believed that democracy (self-rule) was the best way of ensuring the general welfare while maintaining individual freedom under the rule of law. The Lockean concept of the social contract was invoked in the United States Declaration of Independence. Social contract theories were eclipsed in the 19th century in favor of utilitarianism, Hegelianism, and Marxism, and were revived in the 20th century, notably in the form of a thought experiment by John Rawls.

History

The concept of the social contract was originally posed by Glaucon, as described by Plato in The Republic, Book II.
They say that to do injustice is, by nature, good; to suffer injustice, evil; but that the evil is greater than the good. And so when men have both done and suffered injustice and have had experience of both, not being able to avoid the one and obtain the other, they think that they had better agree among themselves to have neither; hence there arise laws and mutual covenants; and that which is ordained by law is termed by them lawful and just. This they affirm to be the origin and nature of justice;—it is a mean or compromise, between the best of all, which is to do injustice and not be punished, and the worst of all, which is to suffer injustice without the power of retaliation; and justice, being at a middle point between the two, is tolerated not as a good, but as the lesser evil, and honoured by reason of the inability of men to do injustice. For no man who is worthy to be called a man would ever submit to such an agreement if he were able to resist; he would be mad if he did. Such is the received account, Socrates, of the nature and origin of justice.[4]
The social contract theory also appears in Crito, another dialogue from Plato. Over time, the social contract theory became more widespread after Epicurus (341-270 BC), the first philosopher who saw justice as a social contract, and not as existing in Nature due to divine intervention, decided to bring the theory to the forefront of his society. As time went on, philosophers of traditional political and social thought, such as Locke, Hobbes, and Rousseau put forward their opinions on social contract, which then caused the topic to become much more mainstream.

Classical thought

Social contract formulations are preserved in many of the world's oldest records.[5] The Buddhist text of the second century BCE, Mahāvastu, recounts the legend of Mahasammata. The story goes as follows:
In the early days of the cosmic cycle mankind lived on an immaterial plane, dancing on air in a sort of fairyland, where there was no need of food or clothing, and no private property, family, government or laws. Then gradually the process of cosmic decay began its work, and mankind became earthbound, and felt the need of food and shelter. As men lost their primeval glory, distinctions of class arose, and they entered into agreements with one another, accepting the institution of private property and the family. With this theft, murder, adultery, and other crime began, and so the people met together and decided to appoint one man from among them to maintain order in return for a share of the produce of their fields and herds. He was called "the Great Chosen One" (Mahasammata), and he received the title of raja because he pleased the people.[6]
In his rock edicts, the Buddhist king Asoka was said to have argued for a broad and far-reaching social contract. The Buddhist vinaya also reflects social contracts expected of the monks; one such instance is when the people of a certain town complained about monks felling saka trees, the Buddha tells his monks that they must stop and give way to social norms.

Epicurus in the fourth century BCE seemed to have had a strong sense of social contract, with justice and law being rooted in mutual agreement and advantage, as evidenced by these lines, among others, from his Principal Doctrines (see also Epicurean ethics):
31. Natural justice is a pledge of reciprocal benefit, to prevent one man from harming or being harmed by another.

32. Those animals which are incapable of making binding agreements with one another not to inflict nor suffer harm are without either justice or injustice; and likewise for those peoples who either could not or would not form binding agreements not to inflict nor suffer harm.

33. There never was such a thing as absolute justice, but only agreements made in mutual dealings among men in whatever places at various times providing against the infliction or suffering of harm.[7]

Renaissance developments

Quentin Skinner has argued that several critical modern innovations in contract theory are found in the writings from French Calvinists and Huguenots, whose work in turn was invoked by writers in the Low Countries who objected to their subjection to Spain and, later still, by Catholics in England.  Francisco Suárez (1548–1617), from the School of Salamanca, might be considered an early theorist of the social contract, theorizing natural law in an attempt to limit the divine right of absolute monarchy. All of these groups were led to articulate notions of popular sovereignty by means of a social covenant or contract, and all of these arguments began with proto-"state of nature" arguments, to the effect that the basis of politics is that everyone is by nature free of subjection to any government.

These arguments, however, relied on a corporatist theory found in Roman law, according to which "a populus" can exist as a distinct legal entity. Thus, these arguments held that a group of people can join a government because it has the capacity to exercise a single will and make decisions with a single voice in the absence of sovereign authority—a notion rejected by Hobbes and later contract theorists.

Philosophers

Hugo Grotius (1625)

In the early 17th century, Grotius (1583–1645) introduced the modern idea that individuals had natural rights that enabled self-preservation, employing this idea as a basis for moral consensus in the face of religious diversity and the rise of natural science. He seeks to find a parsimonious basis for a moral beginning for society, a kind of natural law that everyone could accept. He goes so far as to say in his On the Law of War and Peace that even if we were to concede what we cannot concede without the utmost wickedness, namely that there is no God, these laws would still hold.

The idea was considered incendiary since it suggested that power can ultimately go back to the individuals if the political society that they have set up forfeits the purpose for which it was originally established, which is to preserve themselves. In other words, individual persons are sovereign. Grotius says that the people are sui juris (under their own jurisdiction). People have rights as human beings, but there is a delineation of those rights because of what is possible for everyone to accept morally; everyone has to accept that each person as an individual is entitled to try to preserve himself. Each person should, therefore, avoid doing harm to, or interfering with, another, and any breach of these rights should be punished.

Thomas Hobbes' Leviathan (1651)

The first modern philosopher to articulate a detailed contract theory was Thomas Hobbes (1588–1679). According to Hobbes, the lives of individuals in the state of nature were "solitary, poor, nasty, brutish and short", a state in which self-interest and the absence of rights and contracts prevented the "social", or society. Life was "anarchic" (without leadership or the concept of sovereignty). Individuals in the state of nature were apolitical and asocial. This state of nature is followed by the social contract.
The social contract was an "occurrence" during which individuals came together and ceded some of their individual rights so that others would cede theirs.[9] This resulted in the establishment of the state, a sovereign entity like the individuals now under its rule used to be, which would create laws to regulate social interactions. Human life was thus no longer "a war of all against all".

The state system, which grew out of the social contract, was, however, also anarchic (without leadership). Just as the individuals in the state of nature had been sovereigns and thus guided by self-interest and the absence of rights, so states now acted in their self-interest in competition with each other. Just like the state of nature, states were thus bound to be in conflict because there was no sovereign over and above the state (more powerful) capable of imposing some system such as social-contract laws on everyone by force. Indeed, Hobbes' work helped to serve as a basis for the realism theories of international relations, advanced by E. H. Carr and Hans Morgenthau. Hobbes wrote in Leviathan that humans ("we") need the "terrour of some Power" otherwise humans will not heed the law of reciprocity, "(in summe) doing to others, as wee would be done to".

John Locke's Second Treatise of Government (1689)

John Locke's conception of the social contract differed from Hobbes' in several fundamental ways, retaining only the central notion that persons in a state of nature would willingly come together to form a state. Locke believed that individuals in a state of nature would be bound morally, by the Law of Nature, not to harm each other in their lives or possessions. Without government to defend them against those seeking to injure or enslave them, Locke further believed people would have no security in their rights and would live in fear. Individuals, to Locke, would only agree to form a state that would provide, in part, a "neutral judge", acting to protect the lives, liberty, and property of those who lived within it.[11]

While Hobbes argued for near-absolute authority, Locke argued for inviolate freedom under law in his Second Treatise of Government. Locke argued that a government's legitimacy comes from the citizens' delegation to the government of their absolute right of violence (reserving the inalienable right of self-defense or "self-preservation"), along with elements of other rights (e.g. property will be liable to taxation) as necessary to achieve the goal of security through granting the state a monopoly of violence, whereby the government, as an impartial judge, may use the collective force of the populace to administer and enforce the law, rather than each man acting as his own judge, jury, and executioner—the condition in the state of nature.

Jean-Jacques Rousseau's Du contrat social (1762)

Jean-Jacques Rousseau (1712–1778), in his influential 1762 treatise The Social Contract, outlined a different version of social contract theory, as the foundations of political rights based on unlimited popular sovereignty. Although Rousseau wrote that the British were perhaps at the time the freest people on earth, he did not approve of their representative government. Rousseau believed that liberty was possible only where there was direct rule by the people as a whole in lawmaking, where popular sovereignty was indivisible and inalienable. But he also maintained that the people often did not know their "real will", and that a proper society would not occur until a great leader ("the Legislator") arose to change the values and customs of the people, likely through the strategic use of religion.

Rousseau's political theory differs in important ways from that of Locke and Hobbes. Rousseau's collectivism is most evident in his development of the "luminous conception" (which he credited to Denis Diderot) of the general will. Rousseau argues a citizen cannot pursue his true interest by being an egoist but must instead subordinate himself to the law created by the citizenry acting as a collective.
[The social contract] can be reduced to the following terms: Each of us puts his person and all his power in common under the supreme direction of the general will; and in a body we receive each member as an indivisible part of the whole.[12]
Rousseau's striking phrase that man must "be forced to be free"[13] should be understood this way: since the indivisible and inalienable popular sovereignty decides what is good for the whole, then if an individual lapses back into his ordinary egoism and disobeys the law, he will be forced to listen to what was decided when the people acted as a collectivity (as citizens). Thus, the law, inasmuch as it is created by the people acting as a body, is not a limitation of individual freedom, but rather its expression.

Thus, enforcement of laws, including criminal law, is not a restriction on individual liberty: the individual, as a citizen, explicitly agreed to be constrained if, as a private individual, he did not respect his own will as formulated in the general will. Because laws represent the restraints of civil freedom, they represent the leap made from humans in the state of nature into civil society. In this sense, the law is a civilizing force, and therefore Rousseau believed that the laws that govern a people helped to mold their character.

Pierre-Joseph Proudhon's individualist social contract (1851)

While Rousseau's social contract is based on popular sovereignty and not on individual sovereignty, there are other theories espoused by individualists, libertarians, and anarchists that do not involve agreeing to anything more than negative rights and creates only a limited state, if any.

Pierre-Joseph Proudhon (1809–1865) advocated a conception of social contract that did not involve an individual surrendering sovereignty to others. According to him, the social contract was not between individuals and the state, but rather among individuals who refrain from coercing or governing each other, each one maintaining complete sovereignty upon him- or herself:
What really is the Social Contract? An agreement of the citizen with the government? No, that would mean but the continuation of [Rousseau's] idea. The social contract is an agreement of man with man; an agreement from which must result what we call society. In this, the notion of commutative justice, first brought forward by the primitive fact of exchange, ... is substituted for that of distributive justice ... Translating these words, contract, commutative justice, which are the language of the law, into the language of business, and you have commerce, that is to say, in its highest significance, the act by which man and man declare themselves essentially producers, and abdicate all pretension to govern each other.
— Pierre-Joseph Proudhon, General Idea of the Revolution in the Nineteenth Century (1851)

John Rawls' Theory of Justice (1971)

Building on the work of Immanuel Kant with its presumption of limits on the state,[14] John Rawls (1921–2002), in A Theory of Justice (1971), proposed a contractarian approach whereby rational people in a hypothetical "original position" would set aside their individual preferences and capacities under a "veil of ignorance" and agree to certain general principles of justice and legal organization. This idea is also used as a game-theoretical formalization of the notion of fairness.

David Gauthier's Morals By Agreement (1986)

David Gauthier "neo-Hobbesian" theory argues that cooperation between two independent and self-interested parties is indeed possible, especially when it comes to understanding morality and politics.[15] Gauthier notably points out the advantages of cooperation between two parties when it comes to the challenge of the prisoner's dilemma. He proposes that, if two parties were to stick to the original agreed-upon arrangement and morals outlined by the contract, they would both experience an optimal result.[15][16] In his model for the social contract, factors including trust, rationality, and self-interest keep each party honest and dissuade them from breaking the rules.

Philip Pettit's Republicanism (1997)

Philip Pettit (b. 1945) has argued, in Republicanism: A Theory of Freedom and Government (1997), that the theory of social contract, classically based on the consent of the governed, should be modified. Instead of arguing for explicit consent, which can always be manufactured, Pettit argues that the absence of an effective rebellion against it is a contract's only legitimacy.

Critical theories

Consent of the governed

An early critic of social contract theory was Rousseau's friend, the philosopher David Hume, who in 1742 published an essay "Of Civil Liberty". The second part of this essay, entitled "Of the Original Contract",[17] stresses that the concept of a "social contract" is a convenient fiction:
As no party, in the present age can well support itself without a philosophical or speculative system of principles annexed to its political or practical one; we accordingly find that each of the factions into which this nation is divided has reared up a fabric of the former kind, in order to protect and cover that scheme of actions which it pursues. ... The one party [defenders of the absolute and divine right of kings, or Tories], by tracing up government to the DEITY, endeavor to render it so sacred and inviolate that it must be little less than sacrilege, however tyrannical it may become, to touch or invade it in the smallest article. The other party [the Whigs, or believers in constitutional monarchy], by founding government altogether on the consent of the PEOPLE suppose that there is a kind of original contract by which the subjects have tacitly reserved the power of resisting their sovereign, whenever they find themselves aggrieved by that authority with which they have for certain purposes voluntarily entrusted him.
— David Hume, "On Civil Liberty" [II.XII.1][17]
Hume argued that consent of the governed was the ideal foundation on which a government should rest, but that it had not actually occurred this way in general.
My intention here is not to exclude the consent of the people from being one just foundation of government where it has place. It is surely the best and most sacred of any. I only contend that it has very seldom had place in any degree and never almost in its full extent. And that therefore some other foundation of government must also be admitted.
— Ibid II.XII.20

Natural law and constitutionalism

Legal scholar Randy Barnett has argued[18] that, while presence in the territory of a society may be necessary for consent, this does not constitute consent to all rules the society might make regardless of their content. A second condition of consent is that the rules be consistent with underlying principles of justice and the protection of natural and social rights, and have procedures for effective protection of those rights (or liberties). This has also been discussed by O. A. Brownson,[19] who argued that, in a sense, three "constitutions" are involved: first, the constitution of nature that includes all of what the Founders called "natural law"; second, the constitution of society, an unwritten and commonly understood set of rules for the society formed by a social contract before it establishes a government, by which it does establish the third, a constitution of government. To consent, a necessary condition is that the rules be constitutional in that sense.

Tacit consent

The theory of an implicit social contract holds that by remaining in the territory controlled by some society, which usually has a government, people give consent to join that society and be governed by its government, if any. This consent is what gives legitimacy to such a government.

Other writers have argued that consent to join the society is not necessarily consent to its government. For that, the government must be set up according to a constitution of government that is consistent with the superior unwritten constitutions of nature and society.[19]

Explicit Consent

The theory of an implicit social contract also goes under the principles of explicit consent.[20] The main difference between Tacit consent and explicit consent is that explicit consent is meant to leave no room for misinterpretation. Moreover, you should directly state what it is that you want and the person has to respond in a concise manner that either confirms or denies the proposition.

Voluntarism

According to the will theory of contract, a contract is not presumed valid unless all parties voluntarily agree to it, either tacitly or explicitly, without coercion. Lysander Spooner, a 19th-century lawyer and staunch supporter of a right of contract between individuals, argued in his essay No Treason that 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, he maintains that such an agreement is not voluntary and therefore cannot be considered a legitimate contract at all.

Modern Anglo-American law, like European civil law, is based on a will theory of contract, according to which all terms of a contract are binding on the parties because they chose those terms for themselves. This was less true when Hobbes wrote Leviathan; at that time more importance was attached to consideration, meaning a mutual exchange of benefits necessary to the formation of a valid contract, and most contracts had implicit terms that arose from the nature of the contractual relationship rather than from the choices made by the parties. Accordingly, it has been argued that social contract theory is more consistent with the contract law of the time of Hobbes and Locke than with the contract law of our time, and that certain features in the social contract which seem anomalous to us, such as the belief that we are bound by a contract formulated by our distant ancestors, would not have seemed as strange to Hobbes' contemporaries as they do to us.

Cetacean intelligence

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