Module 12 CJE
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Philosophy
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Apr 3, 2024
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Uploaded by joyclynreed12
Joyclyn Reed-Starr
November 25th, 2023
Philosophy Journal Entry 12
1. Consider the possibility that the laws of our society required you to do something that you believe is unjust. Would the social contract theory automatically require you to practice such a law? [In other words, does social contract theory require you to practice a law that you think is unjust?] Why or why not?
Delving into the intricate realm of the Social Contract Theory, we grapple with a pivotal question: Does adherence to the theory necessitate unwavering compliance with laws, even when deemed unjust? Specifically, must individuals follow laws they perceive as unjust under the Social Contract Theory? This nuanced exploration reveals that the theory inherently demands unwavering compliance with laws, irrespective of individual perceptions of justice. The ensuing scrutiny of the theory and its implications will illuminate the rationale
behind this requirement and its potential consequences in diverse ethical scenarios.
Russ Shafer-Landau delves into the complexities of the Social Contract Theory, examining whether adherence to the theory mandates unwavering compliance with laws, even when deemed unjust. The text introduces a scenario contemplated by Hobbes, questioning whether individuals, termed "the Fool," must uphold their side of an agreement even when the counterpart has fulfilled their part. Shafer-Landau's exploration suggests that the theory grapples with the challenge of reconciling individual perceptions of justice with the overarching commitment to a social contract. The direct quote, "The specific case Hobbes considers is one in which the Fool has made a deal with someone else, and the other person has already done what he’s promised to do. Should the Fool keep his side of the bargain anyway?" (Shafer-Landau, In FOE, page: 218) Despite recognizing the potential for perceived injustice, the theory, in essence, requires unwavering compliance with laws established through a social contract. The complex interplay between individual moral judgments and the collective commitment to societal rules enforces the thesis that the Social Contract Theory inherently necessitates steadfast adherence to laws, even in the face
of individual perceptions of injustice.
An integral aspect of the Social Contract Theory, as presented by Shafer-Landau, revolves around the concept of reciprocal agreements. Shafer-Landau examines scenarios where individuals find themselves in situations where counterparts have fulfilled their part of a deal. This moral dilemma prompts individuals to contemplate whether they should uphold their side of the bargain despite potential perceived injustices. This inquiry encapsulates the tension within the theory, acknowledging the potential for perceived injustice while underlying the obligation to comply with established laws. The Social Contract Theory grapples with aligning individual moral judgments with the overarching commitment to societal rules, reinforcing the thesis that it inherently requires unwavering compliance with laws, even when individuals perceive them as unjust. Furthermore, exploration of the theory
reveals another facet of its stance on compliance with laws deemed unjust. Shafer-Landau contends that the "law enables us to escape from the state of nature, and so to gain all of the good things that come from a stable, peaceful society" (Shafer-Landau, In FOE, page: 213). This underscores the theory's emphasis on sacrificing individual desires for the greater
good, emphasizing the obligation to comply with laws, even if perceived as unjust, to maintain social order.
In my evaluation, if faced with the scenario where the laws of our society required actions deemed unjust, the Social Contract Theory would indeed automatically necessitate adherence to such laws. This is because the theory prioritizes the stability and benefits of societal order over individual disagreements. The moral dilemma, as highlighted in reciprocal agreements, acknowledges the tension between personal perceptions of injustice and the collective commitment to societal rules. Shafer-Landau's assertion regarding the law
enabling escape from the state of nature further supports the theory's emphasis on compliance for the greater good. Therefore, the Social Contract Theory's robust framework, demanding unwavering compliance, aligns with the evaluation that, irrespective of individual perceptions, adherence to perceived unjust laws is mandated.
Citation: Shafer-Landau, Russ, The Fundamentals of Ethics 5/e [FOE]. New York: Oxford University Press, 2021.
Text Referenced: Shafer-Landau, FOE, Ch. 13: "The Social Contract Tradition The Theory and Its Attractions" (FOE, pp. 204-217)
Shafer-Landau, FOE, Ch. 14: "The Social Contract Tradition Problems and Prospects " (FOE, pp. 218-233)
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