By leaving the state of nature and condensed for the government, people motivated the need to guarantee their rights. Alexander Hamilton noted that «civil liberty is only natural freedom, modified and guaranteed by the sanctions of civil society. The origin of all rightly established civilian governments must be a voluntary pact between the rulers and the dominant and subject to the restrictions necessary for the security of the absolute rights of the latter. The most detailed presentation of this theory comes from John Locke, the shortest and most eloquent of Thomas Jefferson in the preamble to the Declaration of Independence. One of the most obvious truths in the latter is: «To guarantee these rights, governments are set up among those who relieve their just powers of the agreement of the governed… [The social contract] can be reduced to the following terms: each of us places his person and all his power under the highest direction of the general will; and in a body we receive each member as an indivisible part of the whole. [15] Rousau`s theories of the social contract together form a single and coherent vision of our moral and political situation. We are naturally endowed with freedom and equality, but our nature has been corrupted by our quota social history. However, we can overcome this corruption by invoking our free will to reconstitute ourselves politically according to strongly democratic principles, which is good for us, both individually and collectively. Charles Mills` 1997 book, The Racial Contract, is a critique not only of the history of Western political thought, institutions and practices, but especially of the history of social contract theory. It is inspired by Carole Patemans The Sexual Contract and tries to show that non-whites have a similar relationship to the social contract as women. As such, it also challenges the supposed universality of the liberal individual, who is the agent of contract theory.

The social contract has been seen as an «event» in which individuals have come together and ceded some of their individual rights so that others will cede their rights. [12] This led to the creation of the state, a sovereign entity, like individuals under its rule, that would create laws to regulate social interactions. Human life is therefore no longer «a war of all against all». We should think of ourselves as individual Robinson Crusoes who each live on our own island, happy or unhappy in relation to our talents and the natural dispositions of our islands, but able to enter into negotiation and business to exchange goods and services. The establishment of such agreements is in our own interest and rationality convinces us to conclude such agreements and to stick to them. Rousseau has two different social contract theories. The first is found in his essay Discourse on the Origin and Foundations of Inequality Among Men, commonly referred to as the Second Discourse, and is a report on the moral and political evolution of men over time, from a state of nature to modern society. As such, it contains his naturalized presentation of the social contract, which he considers very problematic. The second is its normative or idealized theory of the social contract and must provide the means to alleviate the problems that modern society has created for us, as stated in the social contract. Modern Anglo-American law, like European civil law, is based on a testamentary theory that all contractual terms are binding on the parties because they have chosen those terms for themselves. . .

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