Consent in the Theory of Social Contract

Abstract

 Introduction: One of the classic questions of political theory is how to establish legitimate authority without jeopardizing the freedom and autonomy of individuals. The answer to this question lies in the concept of consent, which explains when political authority is legitimate. The concept of consent is a cardinal notion in contractualist theory and represents the basis for understanding political legitimacy and political obligation. John Locke’s theory of the state largely relies on the 
doctrine of consent. This doctrine marks a pivotal moment in the development of liberal and democratic theories in the history of political thought. However, the doctrine has sparked various controversies and has raised questions about whether Locke’s early and later positions are mutually compatible. This paper contributes to the scholarly debate by examining the role of consent in Locke’s theory of the state.

 Aim: The paper will analyze different dimensions of consent in the theory of the social contract: explicit and implicit consent. Special attention will be given to the concept of coercive consent, which, as a phenomenon, has been separately studied in contemporary contractualist theory.

 Materials and Methods: By analyzing the theoretical settings of the most significant representatives of social contract theory, we will try to answer the question that constitutes an important point of this paper: When can a social contract be considered valid and legitimate? In this paper, two extreme theoretical settings will be analyzed together with the arguments put forward by their proponents for or against coercive consent in social contract theory.

 Results: The analysis of theoretical approaches shows that the constitutional contract is valid when the political community is constituted on the basis of the consent of free and sovereign individuals. To safeguard the freedom and autonomy of the individual will, it is essential that those over whom political authority is established grant their consent to it.

 Conclusion: The concept of consent is a cardinal notion of contemporary contractualist theory, woven into the very foundations of republican political doctrine. Consent should be understood as a dynamic category that reflects the recognition of the necessity of a certain type of political authority, while simultaneously respecting the determination of the people to remain free.