SOCIAL CONTRACT THEORY
The social contract theory is not only the most ancient but also
the most famous of the theories regarding the origin of the state. The
substance of this theory is that state is the result of an agreement entered
into by men who originally had no governmental organisation. In the first
period there was no government and no law. The people lived in a state of
nature. After some time, they decided to set up a state. That they did by means
of a contract. The social contract theory described the original condition of
men as the 'state of nature'. To escape from the condition of the state of
nature man made a social contract. To some writers the contract was pre-social
and to others it was pre-political. Writers on this theory are agreed on the
point that the state of nature preceded the establishment of government there
was no organised life in the state of nature. Each lived according to his own
wish and fancies. No man made laws were there to control man. The law known to
men living in the state of nature was the law of nature or natural law. There
was none to interpret the law or adjudicate. Hence men lived under uncertain
conditions. When men felt the need to escape from this type of life he did so
by common agreement or contract. As a result of this, a civil society was
created. Thus creation of civil society preceded the emergence of the state. In
the sixteenth and seventeenth centuries the supporters of the social contract
theory multiplied and there was more or less universal acceptance of the
doctrine. Hooker was the first scientific writer who gave a logical exposition
of the theory of social contract. The theory found real support in the writings
of Thomas Hobbes, John Locke, Jean Jacques Rousseau who are known as
contractualists.
HOW SOCIAL CONTRACT WAS ESTABLISHED IN AFRICAN
POLITICS IN PRE-COLONIAL TIME
In arms of government, God did not make anyone government but
people. the social contract reflects on the leader and the lead. In his
ambition of governing, he must work in his people’s needs. What will you give
in return is obedient? Then the people will listen to their leader. If the
leader is not propagating these people’s needs. His lead will lose loyalty to him.
Traditional political system of Africa is structured in holistic view. The head
must be holistic in order to effect the remaining organ.
Africa and African had a well centralised system of government
prior to the coming of the European. At the top we have the King followed by
different political entities whose function effectively in their specific
areas.
In Africa, there were different traditional ruler prior to the
coming of the White people on the continent such as Oba, Saki, Emir etc. These
set of group have their own independence native diplomacy, checks and balances,
arms of government. At the structural setting we have the Oba at the pinnacle.
He acts as intermediary between the dead and the living. in any issues, the
court makes the final jurisdiction which debunk any form of autocratic
governance during this period.
The ambition initiate his acknowledgement as being Kabiyesi, from
the word 'Kabiosi' (the unquestionable one). This assertion was a faux pas in
that, everyone can be question. And the African politics create no room for
unquestionable ones.
Traditional constitution was more respected during the period
under review. people respected it and bow for it. With this, African societies
was well ordered, well political structure. Many of those system of government
lasted for many years. For instance, the political system of old Oyo empire survives
for many thousand years. It must be logical view that for something to exist
for years, it means something beneficial come from it.
In the system of government, we have the executive, legislature
and judiciary. the head of the executive body is the Oba supported by other
officials. We also have standing army, the military warlord eg Balogun.
This was how the system of government before the coming of the
Europeans. It was democratic constitution. It is a fallacy to conclude Africa
and African had not political system of government. That the coming of the
Europeans introduced the native to a more civilised form of government.
CONCLUSION
The theory of the social contract provides valuable insights into
the development of political authority and social cohesion in precolonial
Africa, though with limitations. While African societies did not necessarily
form states through a contract-based agreement, similar principles of
reciprocal obligation, mutual protection, and legitimacy underpinned their
political systems. The diversity of African political development reflects the
adaptability of social structures to meet the unique challenges faced by each
society, whether through centralized kingdoms, segmentary systems, or
religiously grounded governance. This demonstrates that African societies had
sophisticated political structures that maintained social order and cohesion,
fulfilling many functions akin to a social contract, even if in forms distinct
from the European model.
REFERENCES
National Open University
of Nigeria, https://nou.edu.ng>course...PDF POL 121 INTRODUCTION
TO AFRICAN POLITICS COURSE
Hobbes,
Thomas. Leviathan. Edited by Edwin Curley. Indianapolis: Hackett
Publishing, 1994.
Locke,
John. Two Treatises of Government. Edited by Peter Laslett.
Cambridge: Cambridge University Press, 1988.
Rousseau,
Jean-Jacques. The Social Contract. Translated by Maurice Cranston.
London: Penguin Books, 1968.
R. O. Ajetunmobi, 70+,
ETF06, Tai Solarin University of Education (TASUED) on the 7th of November,
2024
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://niu.edu.in/sla/online-classes/Social-contract-theory.pdf&ved=2ahUKEwikp7n459uJAxUZU0EAHTyhGiEQFnoECBoQAQ&usg=AOvVaw0231glyzg3BkOFWyrsUZ9T