The social contract theory is a political philosophy that tends to concern itself with the legitimacy of the authority of the state over the citizens or individuals who call the state home.
Social contract theorists propound the arguments that posit that individuals or citizens of a particular state have consented, either explicitly or impliedly to surrender some (if not all) of their freedoms and natural rights and submit themselves to the authority of the state or to submit to the decision of the majority in exchange for protection of their remaining rights against aggression or invasion and maintenance of the social order.
The starting point for the social contract theory can be directly linked to an English philosopher; Thomas Hobbes when he propounded that man at his natural state is a bully and hence there is the need for there to be an authority which man or citizens can surrender their freedoms or submit to in the exchange for protection by the state.
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Thomas Hobbes argued that without a constituted social contract, the society will be like a jungle where the big or the powerful will be feasting on the weak and it will be like the animal kingdom where the order of the day is the survival of the fittest and life in this state will be nasty, brutish and short.
The social contract theorists seek to demonstrate why rational individuals would and should voluntarily consent to give up their natural freedom to obtain the benefits of the political order of the state for the benefit of everyone in the society.
Everyone must consent (expressly or impliedly) to give up some of his natural rights and freedom in exchange for the provision and protection by the authority to which everyone submits.
This theory is of the view that the society or the state came into being and can only exist by a consensual contract that was made between the individual and the society or the contract that was made amongst the individual people.
There are five notable elements of the social contract theory which is worthy of mention:
(1) the role of the social contract
(2) the parties which are usually the state and the individuals
(3) agreement or the contract
(4) the object of agreement or contract
(5) what the agreement is supposed to show.
Every constitution of a republican country or a democratic government tends to boldly display this contract in its constitution, usually in the preamble of the constitution.
For example, the preamble of the constitution of the federal republic of Nigeria, 1999 (as amended) reads;
We the people of the Federal Republic of Nigeria
Having firmly and solemnly resolved, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co- operation and understanding
And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people
Do hereby make, enact and give to ourselves the following Constitution:-
This preamble is an indicator of the social contract which everyone that is a member of the Nigerian society is a party to.