Society is created when a group of people form a social contract in which they give up certain rights to a government or authority in exchange for protection and social regulations. Montesquieu, an Enlightenment Philosopher, believed that what sets men apart from other animals is a natural tendency to create society: “Mankind have therefore a new motive of uniting; and a fourth law of nature results from the desire of living in society.”
We all give up individual rights to protect and enhance the common good. We renounce the right to kill, to steal, to cheat, or to do anything that would be considered “unlawful” for the sake of society. The reason why we do not let ourselves pursue personal interests, rather than the common interest, is because with society comes protection. If there were no laws, then what would keep people in order? According to Thomas Hobbes, in a natural state, men are always fighting with each other to achieve their own personal gain, but men enter into a social contract for security:
“For as long as every man holdeth this right, of doing anything he liketh; so long are all men in the condition of war…To lay down a man’s right to anything is to divest himself of the liberty of hindering another of the benefit of his own right to the same. For he that renounceth or passeth away his right giveth not to any other man a right which he had not before, because there is nothing to which every man had not right by nature, but only standeth out of his way that he may enjoy his own original right without hindrance from him, not without hindrance of another.”
Thus, individuals relinquish certain rights to society because they seek protection and order. But in this exchange, society and the government which enforces the rules of society must effectively protect the people. Otherwise, the government becomes corrupt and abuses the rights of the citizens.
Society is beholden to its people because people came before society. In a democracy, the government is chosen by the people to protect their natural rights, which, according to John Locke, are “life,” “liberty,” and “property.” The duty of the government is to protect the common will of the people and the rights and liberties of the people. Otherwise, society and government should have limited power. If the government abuses its power and does not effectively protect the people, the members of society have the right to overthrow the government. The duty society has to its people is evident in the United States. The federal government is divided into three legislative branches so that not one branch gains too much power; this is a precaution taken to protect the rights of the people within the country. As citizens, we have the right to vote, we can hold a referendum, and we directly elect representatives, senators, and state officials. The list goes on. The main principle of society is to protect the common will of the people and thus society must preserve the equality and rights of the people and never have absolute power.
When society does not reflect the general will and does not protect the rights of the people, the people are not obligated to follow the rules established by society. At times, long standing laws are overturned because they breach the liberties of the people. In other instances, newly proposed regulations are turned down because of possible infringement of rights. In these two circumstances, the general will of the people overrules societal regulations, but typically only when a republic is established as a government. Once again, the social contract that exists between the United States citizens and their government serves as a good example. The Civil Rights Act of 1964 was finally established after many years of discrimination and abuse of minorities in America. The rights of minorities in the United States were blatantly abused, thus the people had the right to disregard societal rules, fight for justice, and change governmental regulations. Proposed laws and actions of the federal government are closely examined by the judicial branch to determine if they are constitutional. The first ten amendments to the Constitution are considered the Bill of Rights because they prescribe the natural rights of U.S. citizens. A law would not be passed unless it is in accordance with the Constitution and does not breach the rights given to the individual.
The situation becomes more complicated in societies in which a republic is not established, but rather where more authoritarian governments are in place. In despotic governments, almost all of the people’s rights are taken away and it is difficult for them to refuse to abide by unjust laws, nonetheless over throw them. In North Korea, the people are suffering at the hands of a tyranny, but cannot revolt against the government for fear of death—the government clearly has too much power. It is right for the people to not follow the rules transposed by society, but it is hard to do so because they are ruled by terror. Societal regulations represent the bloated power of the dictator rather than the common will of the people. Then, it becomes the question of other societies throughout the world whether they should step in to help the suffering people.
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