In "The Social Contract - correcting the misconceptions", I have sought to explain what the social contract is all about.
I do not want to repeat what I had written before. However, I wish to revisit several salient points about the social contract.
Social contract is a legal theory or concept. It does not exist in reality. It is a branch of legal, social or even political philosophy. This theory seeks to explain or rationalise why we, human beings, would band together and form a State.
It also seeks to rationalise why we would then agree to surrender our liberty, freedom and the ability to do whatever we like to the State when we, the human beings, were all born free and by our nature do not like to be restricted and constrained.
The philosophers surmised that we do so because we by nature are social creatures. We do so because we want to live together as a society. Furthermore, we do so because the State promises us some benefits. In fact we expect the State to give us the benefits that we want. That is why we surrender or agree to surrender some of our freedom, liberty and free will to the State.
That is why, in theory, we do what we do.
However, it is not a one way or unilateral agreement. There is supposed to be an exchange of promises between us, the people, and the State. For example, we promise not to steal and if we steal we promise to abide by the law which would send us to prison. In return, the State promises to protect our property from being stolen by other people.
That is the social contract as a legal theory.
In reality, that social contract does not exist, in writing or otherwise.
Now, the social contract which is so much talked about in Malaysia is a bastardisation of the theory of the social contract. Why do I say so?
It is simple. The theory of social contract postulates an agreement between the people of a State and the State. However the social contract which is so well loved by some people in Malaysia is a supposed agreement between the respective leaders of the three major communities among themselves which happened prior to our independence.
That in itself is the hijacking of the theory of social contract.
Apparently, the three community leaders met to decide the whole future of Malaysia before and after independence. And what they had agreed would bind all of us till kingdom come.
Apparently too, the Malay leader was generous enough to confer citizenship to the non-Malays who were not qualified for citizenship.
The two non-Malay leaders, out of sheer gratitude to the Malays (who were represented by the said Malay leader) for doing so, agreed that the Malays should have "special rights." These special rights were then spelt out in the Federal Constitution.
This brings the oft-repeated argument that the Malays have sacrificed a lot in agreeing to "grant" citizenships to the non-Malays who were otherwise "not qualified" to gain one. Therefore the non-Malays should respect the Malay's special "rights".
Over the years, these special rights were apparently challenged by the non-Malays, and even by some Malays themselves. So, according to some people, this is unacceptable. This is unconstitutional. This constitutes a breach of the so called social contract.
What does history show us about this bastardised version of the social contract?
The Secretary of State for the Colonies (Mr. Alan Lennox-Boyd), while debating our Independence Bill reported to the British Parliament:
MT
21/04/10
I do not want to repeat what I had written before. However, I wish to revisit several salient points about the social contract.
Social contract is a legal theory or concept. It does not exist in reality. It is a branch of legal, social or even political philosophy. This theory seeks to explain or rationalise why we, human beings, would band together and form a State.
It also seeks to rationalise why we would then agree to surrender our liberty, freedom and the ability to do whatever we like to the State when we, the human beings, were all born free and by our nature do not like to be restricted and constrained.
The philosophers surmised that we do so because we by nature are social creatures. We do so because we want to live together as a society. Furthermore, we do so because the State promises us some benefits. In fact we expect the State to give us the benefits that we want. That is why we surrender or agree to surrender some of our freedom, liberty and free will to the State.
That is why, in theory, we do what we do.
However, it is not a one way or unilateral agreement. There is supposed to be an exchange of promises between us, the people, and the State. For example, we promise not to steal and if we steal we promise to abide by the law which would send us to prison. In return, the State promises to protect our property from being stolen by other people.
That is the social contract as a legal theory.
In reality, that social contract does not exist, in writing or otherwise.
Now, the social contract which is so much talked about in Malaysia is a bastardisation of the theory of the social contract. Why do I say so?
It is simple. The theory of social contract postulates an agreement between the people of a State and the State. However the social contract which is so well loved by some people in Malaysia is a supposed agreement between the respective leaders of the three major communities among themselves which happened prior to our independence.
That in itself is the hijacking of the theory of social contract.
Apparently, the three community leaders met to decide the whole future of Malaysia before and after independence. And what they had agreed would bind all of us till kingdom come.
Apparently too, the Malay leader was generous enough to confer citizenship to the non-Malays who were not qualified for citizenship.
The two non-Malay leaders, out of sheer gratitude to the Malays (who were represented by the said Malay leader) for doing so, agreed that the Malays should have "special rights." These special rights were then spelt out in the Federal Constitution.
This brings the oft-repeated argument that the Malays have sacrificed a lot in agreeing to "grant" citizenships to the non-Malays who were otherwise "not qualified" to gain one. Therefore the non-Malays should respect the Malay's special "rights".
Over the years, these special rights were apparently challenged by the non-Malays, and even by some Malays themselves. So, according to some people, this is unacceptable. This is unconstitutional. This constitutes a breach of the so called social contract.
What does history show us about this bastardised version of the social contract?
The Secretary of State for the Colonies (Mr. Alan Lennox-Boyd), while debating our Independence Bill reported to the British Parliament:
MT
21/04/10
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