High school / The Structure of Law and Politics 1 / 6

Basic Principles of Democratic Politics

Democratic politics is a form of government based on the ideal of “government by the people.” Its ideological foundation lies in the social contract theory that emerged in modern Europe. Let us consider why the state exists and where its legitimacy comes from.

Basic Knowledge

Social contract theory is the idea that the power of the state and government is established through the consent (contract) of the people. In his book Leviathan, Hobbes viewed the state of nature as “a war of every man against every man” and argued that the people fully entrust power to a sovereign for the sake of security. In Two Treatises of Government, Locke argued that people enter into a contract to protect their natural rights—life, liberty, and property—and that when the government violates these rights, they may exercise the right of resistance (right of revolution). In The Social Contract, Rousseau advocated popular sovereignty and the general will, greatly influencing the French Revolution. The rule of law is the principle that those in power are also bound by the law, and it is contrasted with rule by individuals (dictatorship). England’s Magna Carta (1215) was an early example of this principle.

Important Terms
Social contract theory (the theory that the legitimacy of state power is based on the consent of the people)
Natural rights (rights possessed from birth, such as life, liberty, and property)
Right of resistance (the right of the people to resist when the government violates their natural rights; advocated by Locke)
Popular sovereignty (the principle that ultimate power in the state belongs to the people)
Rule of law (the principle that everyone, including those in power, must obey the law)
General will (the will, as explained by Rousseau, that seeks the common interests of society as a whole)

In-Depth Exploration (Background and Significance)

Europe in the 17th and 18th centuries, when social contract theory emerged, was an era dominated by absolute monarchies. Kings exercised absolute power based on the divine right of kings, which held that they had received their power from God. Locke’s ideas directly influenced the American Declaration of Independence (1776), while Rousseau’s ideas directly influenced the French Revolution (1789). Modern democratic states have built institutions such as elections, parliaments, and constitutions on the foundation of these ideas. The Constitution of Japan also explicitly states in its preamble that “sovereign power resides with the people,” inheriting the spirit of social contract theory.

Key Points
  • Hobbes → order under a powerful sovereign (state of nature = struggle)
  • Locke → right of resistance and parliamentarianism (a contract to protect natural rights)
  • Rousseau → direct democracy and popular sovereignty (the general will)
  • “Rule of law” is the principle that those in power must also obey the law (distinct from “government by law”)
  • Magna Carta (1215) → Petition of Right (1628) → Bill of Rights (1689), developing over time
  • Social contract theory influenced the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen
  • The three principles of modern democracy: popular sovereignty, respect for fundamental human rights, and pacifism

Points to Note (Easily Confused Concepts)

① The difference between Hobbes and Locke: Hobbes advocated concentrating power in a powerful sovereign, while Locke recognized limitations on power and the right of resistance. ② The difference between the rule of law and government by law: the rule of law is a substantive principle under which power is also constrained by law, whereas government by law is the idea that it is sufficient to formally follow the law; they are distinct concepts. ③ The general will and majority rule are not the same: according to Rousseau, the general will refers to the interests of society as a whole and differs from the collection of individual wills (the collective will). ④ Although the right of resistance is not expressly provided for in the Constitution of Japan today, its basis can be recognized in fundamental human rights as an idea.

Practice

  1. What kind of right is the “right of resistance” advocated by Locke? Explain it using the term natural rights.
  2. What does the “rule of law” mean? Answer by clarifying how it differs from “rule by individuals.”
  3. Compare the social contract theories of Hobbes, Locke, and Rousseau, and describe the characteristics of each thinker’s view of the state of nature and political theory.

Questions and answers for this lesson

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