The Modern State and the Social Contract

1. Challenges and Functions of Modern States

 

1) Evolution of State Ideology

 

(1) The functions of the state have evolved with changes in state ideology.

 

Evolution of State Ideology: Feudal State Ideology → Absolute Monarchy State Ideology → Laissez-faire Liberal State Ideology → Welfare Administrative State Ideology

 

2) Feudal State

 

(1) Definition: The state is the private property of feudal lords, and the distinction between sovereignty and ownership is not clear.

 

(Reference: In medieval feudal societies, numerous feudal lords ruled scattered territories. Each feudal lord considered the region they governed as their private property and inherited it.)

 

(2) Characteristics and Functions: In the feudal state, the function of the state is limited to regulating the private property relationship of feudal lords.

 

3) Absolute Monarchy State

 

(1) Definition: In medieval feudal societies, a powerful ruler emerged among numerous feudal lords, establishing a centralized authoritarian regime, known as absolute monarchy.

 

(Reference: Absolute monarchy refers to a form of government where the ruler holds absolute power and dominates and governs the people. It emerged in Western Europe during the transition from medieval feudal society to modern civil society in the 16th to 18th centuries.)

 

(2) Characteristics and Functions:

 

- Individual rights and freedoms of citizens not guaranteed

- Lack of democratic institutions or governance rules

- Achievement of nationally unified economic policies

- Implementation of mercantilist policies leading to the emergence of the new bourgeoisie

- Facilitation of the formation of modern states

 

4) Laissez-faire Liberal State

 

(1) Definition: A state formed based on the ideology of economic liberalism through the leadership of the bourgeoisie class in a citizen revolution.

 

Formation process of the Laissez-faire Liberal State

 

Emergence of the bourgeoisie class through mercantilist policies → Expansion of economic activities by the bourgeoisie class → Citizen revolution initiated by conflicts between the state and the bourgeoisie → Establishment of the Citizen's Assembly after the success of the revolution → End of the absolute monarchy state

 

(2) Characteristics and Functions:

 

- Emphasis on economic liberalism

- Maximum respect for the autonomy of citizens

- Minimal state functions

- Advocacy for the idea that the best state is the one that performs minimal governance functions (Night-watchman state)

 

5) Welfare Administrative State

 

(1) Definition: A state that actively intervenes to solve social, economic, and environmental problems arising from the development of capitalism.

 

Formation process of the Welfare Administrative State:

 

Occurrence of harmful effects of capitalism (e.g., monopolies, economic crises, unemployment, poverty, labor-management conflicts, environmental destruction) → Realization that minimal governance cannot solve the problems of capitalism → Active state intervention begins

 

(2) Characteristics and Functions:

 

- Increased active role of the state

- Involvement in economic activities (limiting the pursuit of profit by businesses)

 

6) Modern Functions of the State

 

(1) Maintenance of Social Order

 

- Basic function of the state

- Necessity of police functions

 

(2) Economic and Social Formation Function

 

- Regulation of economic crises through state intervention

- Promotion of economic and social development through governance

 

(3) Support for Scientific and Technological Development

 

- Promotion of science and technology policies and education policies to foster technological advancement and build national technological infrastructure

 

(4) Environmental and Resource Protection

 

- Implementation of policies and regulations to protect nature and resources

 

(5) Consideration for Culture

 

- Expansion of the cultural foundation through educational and literary policies

 

Evolution of State Ideology

 

- Feudal State: Limited to regulating the private property relationship of feudal lords

- Absolute Monarchy State: Lack of democratic elements, achievement of nationally unified economy

- Laissez-faire Liberal State: Non-intervention in economic activities, minimal state functions (Night-watchman state)

- Welfare Administrative State: Active state intervention to address the failures of capitalism

- Neo-liberal State: Advocates for reducing state functions following the burdens on the economy and society after World War II

 

Modern Functions of the State

 

- Maintenance of Social Order: Basic function, necessity of police functions

- Economic and Social Formation: Involvement in economic activities to overcome economic crises and promote development

- Support for Scientific and Technological Development

- Environmental and Resource Protection

- Consideration for Culture

2. Social Contract Theory as the Ideological Basis of Democratic States

 

1) Hobbes' Social Contract Theory

 

(1) Formation Process of Hobbes' Social Contract:

 

- 1st Stage: Recognition of natural rights as an instinct for self-preservation

- 2nd Stage: Conflict arises due to the guarantee of natural rights

- 3rd Stage: Study of methods to ensure self-preservation

- 4th Stage: Seeking peace through a social contract

- 5th Stage: Necessity of establishing authoritative power to guarantee the contract

 

Summary:

 

- Hobbes' Social Contract: Individuals sacrifice their independence to guarantee their self-preservation against the conflict of natural rights.

- Result of the Contract: Emergence of sovereignty

 

2) Locke's Social Contract Theory

 

(1) Formation Process of Locke's Social Contract:

 

- 1st Stage: Primitive society dominated by a sense of community

- 2nd Stage: Emergence of the need for others' assistance

- 3rd Stage: Transition to a society requiring cooperation

- 4th Stage: Breakdown of the natural state leads to disorder

- 5th Stage: Creation of laws to end disorder

 

(2) Locke's Social Contract: Formed to protect property rights and ensure the common good.

 

3) Rousseau's Social Contract Theory

 

(1) Formation Process of Rousseau's Social Contract:

 

- 1st Stage: Primitive society dominated by emotions

- 2nd Stage: Transition to a society requiring others' help

- 3rd Stage: Disorder arises from the breakdown of the natural state

- 4th Stage: Creation of laws to end disorder

- Result: The general will emerges

 

(2) General Will:

 

- Necessity: To return to a society based on a common good, overcoming the inequality and harmful effects of society dominated by special interests.

- Significance: Represents the common interest, not the interests of specific individuals or groups.

 

(3) Significance of Rousseau's General Will:

 

- To combat the inequality and harmful effects of society dominated by special interests

- Represents the common interest of the community

 

In summary, social contract theories by Hobbes, Locke, and Rousseau all share the common idea of individuals entering into a contract for the common good and social order. Hobbes emphasizes the sacrifice of individual independence for self-preservation, Locke focuses on protecting property rights and ensuring the common good, while Rousseau introduces the concept of the general will to overcome societal inequality and special interests.

 

 

 

 

3. State and Society, and Civil Society

 

1) State and Society

 

(1) Birth of the Concept 'Society'

 

- Generated by Enlightenment thinkers.

- Social Contract Theory - Assumes the establishment of a collective 'society' of humans.

- Differences between Ancient and Modern States:

- Ancient State: Society completely absorbed into the state power structure.

- Modern State: No societal domain independent of state power exists (e.g., individual property rights not entirely controlled by the state).

 

(2) Evolution from 'Society' to 'State'

 

- Progress from medieval to modern era led to the emergence of power contrasting existing state systems.

- Role of councils expanded, leading to the emergence of citizen states as monarchy yielded to citizenry.

 

(3) Harmony between State and Society

 

- Two extreme forms of state-society relations:

- Totalitarian System: Society entirely absorbed into the state.

- Anarchism: Dissolution of state structures and complete dominance of societal areas.

(Note: In reality, these extreme forms do not exist.)

 

- Ideological Differences between State and Society:

- State: Control Mechanism (evil), Order and Harmony (good).

- Society: Freedom Zone (good), Source of Disorder (evil).

- Perception determines whether actions are perceived as good or evil.

 

(4) State Functions within Society

 

- Protects individuals from arbitrary domination.

- Guards against suppression of freedom arising from individual needs and desires.

- Regulates societal activities through permanent organizations, legal systems, and coercive forces.

- Acts as a subject in economic activities, supplying goods and services.

- Role in welfare state aspects, considering societal well-being and justice.

- Instrument for societal welfare and justice tools, e.g., civil lawsuits.

 

(5) Correct Relationship between State and Society

 

- Recognizing the state as a tool for society.

- Political domain connects the state with society.

- Political decisions as a collaborative effort between society and the state.

- Recognition of the state for society, and society for the state.

 

2) Civil Society

 

(1) Concept of Citizenship

 

- Distinction between common people and citizens.

- Common People: Express their opinions only when political actors feel the need.

- Citizens: Actively engage, formulating and consolidating their opinions.

 

(2) Meaning of Civil Society

 

- An active and engaged society where citizens actively pursue societal transformation in politics, economics, and other areas.

- Ideological ground fostering criticism and humanization of the state.

 

(3) Significance and Characteristics of Civil Movements

 

- Significance: Voluntary actions by citizens demanding transformation in political, economic, and societal issues.

- Characteristics:

- Pursues common interests or public goods.

- Encompasses diverse strata of society.

- Targets gradual institutional and consciousness reform.

- Utilizes peaceful means like protests, campaigns, public relations, and education.

 

(4) Significance and Role of Civil Organizations

 

- Significance: Organizations that mobilize citizens to voluntarily demand change.

- Role: Act as organized societal groups engaging in participatory leadership.

 

(5) Evolution of Civil Movements in Korea

 

- Late 1980s: Democratic and people's movements developed within a state-centric order.

- After the June 1987 Movement: Democratization declined, and people's movements weakened.

- Transformation into Civil Movements: Shift towards movements addressing various issues like legislation, judiciary, chaebol reform, environment, and citizen welfare.

 

(6) Types and Impact of Civil Movements

 

- Types:

- Groups expanding human rights.

- Comprehensive monitoring of large-scale businesses.

- Small rights movements aiding marginalized groups.

 

- Impact:

- Presently, over 10,000 civil organizations exist in Korea.

- Involvement in legislation, lawsuits, administrative participation, and surveillance activities.

- Example: The 'Total Election Union' movement during the 16th National Assembly election.

 

(7) Police Administration and Civil Organizations

 

- Civil society is a crucial factor in police administration, presenting external ethical environments.

- Example: The Citizens' Committee for Police Administration Reform proposed directions for police administration reform, emphasizing the establishment of a 'trusted and respected police.'

 

 

 

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 Summary

 

 

Hobbes:

- Characteristics of Social Contract: Based on the fear of selfish human nature.

- Absolute Sovereignty: The highest authority lies in the state.

 

Locke:

- Characteristics of Social Contract: Established for the establishment of property rights, addressing the imperfections of ownership due to the advent of money.

- Government's Power Limitation: Emphasizes restrictions on the power of the government by the community.

 

Rousseau:

- Characteristics of Social Contract: A contract born to represent the interests of the rich and overcome disorder.

- General Will: The will operated for the common good rather than special interests.

 

Relationship between state and society

 

State: Maintains order and harmony, protects individual freedom and rights, and promotes social welfare and justice.

Society: The realm of individual survival and self-realization, and the realm of checking and criticizing the state.

 

Civil society

 

A society based on the voluntary and active participation of citizens.

The representative activity of civil society, pursuing the common good of society.

An organization that leads civic movements.

 

Korean civic movements

 

1980s: The era of democratization and people's movements.

1990s and beyond: The era of civic movements.

 

Relationship between civil society and police administration

 

Civil society is an important input factor in police administration.

Civic groups play a role in monitoring and improving police administration.

 

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Key Issues

 

• What is the role of the state in the relationship between state and society?

Answer: Maintains order and harmony, protects individual freedom and rights, and promotes social welfare and justice.

 

• What are the characteristics of civil society?

Answer: Based on the voluntary and active participation of citizens, pursues the common good of society.

 

• What is the trend of Korean civic movements?

Answer: The 1980s were the era of democratization and people's movements, and the 1990s and beyond were the era of civic movements.

 

• What is the relationship between civil society and police administration?

Answer: Civil society is an important input factor in police administration, and civic groups play a role in monitoring and improving police administration.

 

• Compare Hobbes, Locke, and Rousseau's Social Contract Theories.

Answer: Hobbes, Locke, and Rousseau share the common ground of establishing a state through a social contract to overcome the imperfections of the state of nature. However, the three theories differ in terms of human nature in the state of nature, the motives behind the social contract, the content of the social contract, and the role of the state.

 

In Hobbes' social contract theory, the state of nature is a condition where individuals act freely for self-preservation, leading to a state of conflict among everyone. To overcome this unstable state, people enter into a contract where they relinquish their natural rights to the sovereign, who holds absolute power and maintains social order and peace.

 

Locke's social contract theory portrays the state of nature as a state of freedom and equality. However, the introduction of money leads to the imperfection of property rights and the emergence of societal inequality. To address this, individuals form a contract where they transfer some of their natural rights to the community. The community, in turn, establishes a government to protect property rights and enforce laws.

 

Rousseau's social contract theory envisions a state of nature where everyone is equal, but societal inequality arises due to the greed of the rich. To overcome this inequality, a social contract is formed where the rich represent their interests to counter disorder. The content of the social contract is determined by the general will, which operates for the common good rather than individual interests.