Answer to Question #307559 in English for Shnaw

Question

Describe the social contract theory. How does this relate to corrective law? What is, if any, the flaw(s) in social contract theory and corrective law?  

Answer 1

The social contract theory implies that the agreement of all individuals subject to collectively enforced social arrangements shows that those arrangements have various normative properties such as legitimacy, obligating and just. It asserts that government exists only by consent of the people in order to protect basic rights and promote common good of society. The aim of the theory is to show society members that they have reason to endorse and comply with fundamental social laws, rules, institutions and principles of that society. Social contract theory relates to corrective law as the social contract implies every citizen's interest to enforce rules and ensure safety and security for everyone. It dictates individuals will not break laws or certain moral codes and in exchange will receive societal benefits such as education and survival. The flaw in social contract theory and corrective law is that it grants the government too much power to make laws under the roof of public protection. This may be used as a cloak to warrant laws that are intrusive.