In line with social contract principle the function of Government transcends making of law to create an enabling environment for the citizen to attain prosperity. It involves the provision of infrastructure and basic social amenities to make the achievement of prosperity less difficult; because it is in this provision of an enabling environment and social amenities coupled with the protection of lives and properties that it can be said that the principle of Social Contract agreement is in full swing. while law is essential to regulate the state measures too must be taking by the government to make life enjoyable for the citizen and to make the detection and prevention of crime easy so as to achieve the ultimate goal of Social Contract. A bad Government is likely to enact a bad laws and a bad law is that which hinder the growth of the citizen and leave it stunted. Bad laws with the coercion of obedience by the authority will achieve nothing than to turn the citizen into rebels. A bad Government is that which disregard the bringing into effect the intendment of the principle of Social Contract when the citizenry have furnished consideration.
The foundation of a state society was predicated on the theory of social contract. Social contract itself was predicated on two principles. Namely,
- Pactum Unionist
- Pactum Subjectionist
Both principles came into being as a result of the same reason----- a stateless society where man live in a state of nature with no law and protection to protect individuals. As a result of this violence and oppression reign supreme and in other to put a check on the excesses of individuals they all agreed to surrender their rights to a central authority for protection from themselves.
As reasonable as the contract is, scholars who propounded the theory were unable to agree as to the cause. for example;
Thomas Hobbes was of the opinion that life in a state of nature was solitary, poor, nasty, brutish and short. this necessitated why man entered into an agreement to surrender all his rights and freedom to an authority to command obedience.
John Locke on the other hand disagree with Hobbes on his violent picture he painted in a state of nature and stated that man in a state of nature enjoyed peace and liberty, he further stated that life in a state of nature was a Golden age wherein peace, goodwill, mutual assistance and preservation reign supreme but security for property necessitated the agreement of Social Contract. Unlike Hobbes, Locke argued that man did not surrender all their right to single individual but surrendered the right to preserve or maintain order and enforce the law of nature while maintaining the rights to life, liberty and to hold estate as this right were considered natural.
Jean Jacques Rousseau concurred with John Locke on the state of life in pre-state formation but argue differently on what necessitated the Social Contract agreement. In his explanation, J.J.R argue that greed and competition as a result of the introduction of private property made man fall from the elevated position of the state of nature. This fall made man surrender his rights to the community as whole termed the 'General Will'. Through social contract a new form of social organization- the state was formed to assure and guarantee rights liberty and equality.
Despite the differences in what necessitated the social contract agreement, they all agree that at a point in time an agreement was reached which ushered man from life in a state of nature or stateless form to an organized society where rights where surrendered to an authority for protection in return. It will appear that the surrender of the right gave right to another problem which was how do we protect the right of the citizen and ensure equality. To pay back the sacrifice of man, the authority must put some things in place that will ensure or aid the protection sought by the citizen and to do this finance is important. This singular reason must have gave birth to TAXATION, a process whereby man will not only surrender their rights but must also collectively contribute to the authority to enable even development in other to ensure equality.
In the words of John Locke,
"The purpose of the Government and law is to uphold and protect the natural rights of men. So long as the Government fulfils this purpose, the laws given by it are valid and binding but, when it ceases to fulfil it, then the laws would have no validity and the Government can be thrown out of power."
If the sacrifice of the citizen is not reciprocated by the authority then there can never be a contract meaning it will appear that there was never a submission of right.The citizen can either throw the government away of revert back to the state of nature as a result of lost of confidence in the government. This can explain the reasons for crime in the society-even if not expressly stated, it represents an implied reversion to the state of nature where Thomas Hobbes theory holds true.
APPLYING THE SOCIAL CONTRACT THEORY TO NIGERIAN GOVERNMENT
The quid proquo principle embedded in the principle of social contract makes it incumbent on the parties to the contract to perform their respective part of the contract without which the contract will breakdown.. What makes a contract complete is the understanding of the roles of the parties to a contract and the willingness of both to respect the terms of the contract either oral or written and see it through. There cannot be one sided contract as it takes two to tangle; once consideration has been furnished the other party is not expected to renegade or rescind from the contract otherwise the party that furnished consideration will enforce it against the party in breach.
Nigerians have always furnished consideration and perform their side of the contract under social contract agreement but the Government have always been found wanting. The payment of tax by the citizen is an evidence of the commitment of the citizen to Social Contract agreement which was not or merely reciprocated. Payment of tax is an avenue to energize the Government with financial muscle so as to achieve the protection of live and property on the first hand and the provision of development and social amenities which will make the protection sought for achievable. Taxing system without the concordance of the citizen under the social contract agreement is at best an extortion' even with such concordance if the result sought for after the relinquishment of the rights from the other party is not met it will still amount to an extortion. That said, the protection of the citizen against the savagery of one another necessitated the collective relinquishment of right by the citizen to the authority and the protection must be far reaching. if such protection is not met then the authority has failed the citizen
The Nigerian Government has failed under the social contract agreement; though we are practicing a democratic form of government and Social Contract is at the base of democracy but we have not completely break free from the state of nature. The inability of the Government to provide adequate economic security, qualitative far reaching social amenities and adequate protection of lives and properties is a mockery of social contract agreement. The spirit of the Social Contract lies in the equal protection of the citizen before the law and life can be easily protected when provision of social amenities or development is spread evenly to all places in the country and benefited by every individual irrespective of status. The failure of the Government to ensure this will take the country back to the state of nature has explained by Thomas Hobbes and Jean Jacques Rousseau.
EFFECT OF BREACH OF SOCIAL CONTRACT AGREEMENT BY THE AUTHORITY
The breach of the social contract agreement will most definitely return the post- state of nature back to the state of nature. Breach of the trust collectively given by the citizen by the state will occasion a lack of believe in the institution of Government or authority by the citizen and will only breed contempt and chaos. The state of Nature as explained by Thomas Hobbes and Jean Jack Rousseau will most likely be the lot of a state in the post state of nature state when the citizen have lost believe in her to deliver on the promise of Social Contract. Social disobedience, disregard for the law, rebellious attitude, chaos and insurrection will be the other of the day in such country. The lack of believe by the citizen of Nigeria in her Government is evident in the Boko Haram insurgency, The Shite uprising and the agitation for the independent state of Biafra.
Though Nigeria has embraced democracy as a form of Government and Social Contract is one of the foundation of democracy but a democratic form of government without the application of the principle of Social Contract has not attain full maturity. Under the power of the authority it is not enough to protect the lives and property of the citizen as envisaged by the contract by punishing the recalcitrant citizen disturbing the peace of the state but also to provide economic security, far reaching development, provision of social amenities, shelters and other things to make living worthwhile and an enjoyable experience for the citizenry. It can be argued that these aforementioned duty of the government takes precedence before the protection of life and property. Besides, if these aforementioned things are not put in place what is there to protect.
It can well be argued that a government in breach of the Social Contract when the citizen have furnished consideration cannot justify her application of law against the unruly citizen disturbing the peace of the state when the lack of trust or believe in such authority can be argue to be at the base of the unleashed terror by such citizen. From the angle of Social Contract, a government in breach and still applying the law against a recalcitrant citizen, such action of the Government can be described as oppressive at best.
To reduce the rebellious tendencies and chaos in Nigeria, the Government must brazen up and start to perform her own side of the contract.
No comments:
Post a Comment