The social contract in context – Art Harun

MARCH 31 – The in thing nowadays seems to be the phrase “social contract”. Every Tom Dick, hairy or otherwise, seems to be so well versed with this subject.

You make a bit of noise about the Federal Constitution and you would be referred to the “social contract”. You question a teeny wee bit about equality and you would surely be referred to the “social contract”.

I think the next time somebody cuts you off in a traffic jam, you should shout “social contract!” at that socially inept moron.

The latest outburst on the social contract had to of course come from Hishamuddin Hussein, the newly-minted Umno vice president. In his last speech as the Umno Youth Chief – of course, it was also a speech designed to garner votes for his VP-ship – Hishamuddin branded those who question the social contract as “arrogant”.

In his words: “Mereka begitu angkuh, sombong dan bongkak mempersoalkan kontrak social dan mempertikai hak kedudukan orang Melayu dan kaum Bumiputera. Kontrak sosial telah sengaja disalah tafsir dan dijadikan tajuk untuk menyemarakkan api perkauman.”

Before we talk of something important and of far reaching consequence, we should know what we are talking about. We should not just blabber aimlessly and throw about allegations and accusations as if it is our God given right to belittle other people.

What is this creature called the “social contract”? Is there such a thing? Is it like any other contract? Must it be signed? And stamped? If so, who signed it? Before that, who drafted it? What are the terms and conditions? Can they be changed? What if it is breached? What are the consequences of such breach? Does anybody know? Allow me to explain this concept.

Human Beings and Their Natural Rights

Early philosophers, such as Plato and Aristotle postulated the existence of natural justice or natural rights. These concepts were premised on the theory that human beings were born with and naturally follow a set of “natural” morality and behavioural patterns which are independent of human made regulations.

The concepts of “good” and “evil” for example, are inherent in every human being. This being the case, the people’s grasp of and adherence to such “natural rules” are independent of human made regulations and their enforcement.

If we accept the postulations that human beings are born with a set of natural behavioural patterns, than we must also accept the fact that human beings are also entitled to several basic rights.

These are rights so fundamental to the existence of a human being that the denial or transgression of such rights would render his or her existence as a human being almost meaningless. The most basic of these rights are rights which are universal to every human being, regardless of creed and breed, of cultures and upbringing, of religion and school.

The advent of civilisations had seen humans transformed from being individualistic and stateless animals into socio-politico creatures. Cities were built and societies developed. Governments and states were born.

The rise of the states and the ensuing assumption of power by the states and their governments would see the surrender of certain individual rights to the states and governments for the greater good of the society in general.

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