헌정질서 상의 정의와 사회계약론

The Social Contract Theory which had been developed since the 17th century has its goal in the reasonable explanation to the the society and the formation of political power. The advocates had tried to derive the normative standards on the legitimacy of power from the social contract theory. When the individuals who are reasonable and sound will collide with each other in the political community due to different beliefs and values, the social contract theory is still a useful tool to reconsider the rights and duty which rule the reality we are in. Man, parties to social contracts are defined as individual. Although these original individuals have infinite thirst to indulgence beyond freedom, they know that such freedom cannot survive anymore if they do not control themselves. Thus the society formed upon this awareness has its essence in the rules and limitations restricting the natural freedom. So the individualism in the social contracts should be read as limited individualism under the common agreed authority. On the other hand, the community has an obligation to keep the substantial freedom and safety they wanted to secure, which could be obtained by abandoning their original freedom and equality in nature state. In light of this, it can be said that the social contract is the moral tie. Therefore, to exploring the justice in the constitutional politics needs to start in assessing the original intention of the social contracts.