Question

1. What was the Social Contract theory and which English philosopher proposed it?

2. The rights people have as being part of an organized government are _______ Rights. Rights people are born with are ________ Rights.

3. __________________ is the process of using the Fourteenth Amendment to apply the Bill of Rights to state governments. There are different viewpoints of what degree that this principle applies: select, complete, plus or none.

Answer 1

1. The Social Contract is most closely associated with Thomas Hobbes and John Locke. In the "State of Nature" (i.e. before Government) Man was free but life was "nasty brutish and short" (Hobbes). So Man entered into a "Social Contract" where the natural right to defend one's "Life, health, Liberty, or Possessions" (Locke) is arbitrated by Government. 2. The rights people have as being part of an organized government are Legal Rights. Rights people are born with are Natural Rights. 3. Incorporation is the process of using the Fourteenth Amendment to apply the Bill of Rights to state governments.

Answer 2

1. What was the Social Contract theory and which English philosopher proposed it? Social contract theory is the theory that suggests that persons' moral and political obligations should be dependent upon an agreement formed in the society they live in. This theory is originated in ancient Greece, but is associated with modern moral and political theory introduced by Thomas Hobbs. Hobbs was an English philosopher and founder of modern political philosophy that gave full exposition of social contract theory in his book “Leviathan”.

2. The rights people have as being part of an organized government are [Civil] Rights. Rights people are born with are [Natural] Rights. Civil Rights represent set of laws that are designed to protect freedom and equality of an individual. They ensure equal participation in political and civil life without discrimination. Natural Rights are identified by Jefferson in the Declaration of Independence as life, liberty, property and pursuit of happiness. Conceptualization of natural rights was common among western philosophers, among which were most prominent John Locke and Thomas Hobbs.

3. [ Due Process Clause ] is the process of using the Fourteenth Amendment to apply the Bill of Rights to state governments. Most provisions of the Bill of Rights apply through the Due Process Clause from the Fourteenth amendment under doctrine called incorporation. Due Process Clause is an act to ensure the safeguard from denial of life, liberty and property from the government.