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  1. Vanash Naick's Avatar
    I’m confident that the following will be able to answer many questions almost immediately!

    The starting point?

    One of the cardinal rules of social contract theory is that the state of nature is pre-political and without political associations.That is it is a state of existence before the formation of civil society as we know it. To this end the thought experiment requires us to think away the concept of government as we know it. By definition this would mean that the thought experiment of the state of nature and subsequent social contract implores us to think away the laws of : family, contract, delict, property, succession, criminal procedure and civil procedure. The rationale is that the thought experiment encourages one to imagine that the legislature, executive and judiciary don't exist. Then within this framework, the next step is to present the state of nature and then thereafter deliberate on what exactly would be the ideal government and why.

    In brief the thought experiment encourages us to imagine away the concepts of law and government as we know and understand it. Since its pre-political, one cannot then use the laws of contract, property, delict, succession etc as a starting point as these concepts are completely thought away as if it doesn’t exist at all.
    [B]For anyone who got this thought experiment correct-full marks to you
    Social contract theory dates back centuries. It’s as old as philosophy. The first social contractarian was Thomas Hobbes, followed by John Locke and Jean-Jacques Rousseau. In the 20th century the late modern legal philosopher John Rawls presents a Kantian type of social contract with a few thought experiments including the ‘original position,’ and the ‘veil of ignorance’
    Why have the thought experiment?
    Updated 07-Jul-20 at 03:58 AM by Vanash Naick