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Title: Is America's Social Contract Broken?
Source: Of Two Minds
URL Source: http://www.oftwominds.com/blogjuly13/social-contract7-13.html
Published: Jul 17, 2013
Author: Charles Hugh Smith
Post Date: 2013-07-25 13:28:49 by We The People
Keywords: None
Views: 1318
Comments: 2

Is America's Social Contract Broken?   (July 17, 2013)


As Voltaire observed, "No snowflake in an avalanche ever feels responsible." This is precisely how empires collapse.

Correspondent Kenneth D. recently made the case that the Social Contract in America is broken. Kenneth offered two links for context: Social Contract (Wikipedia) and OECD calls time on trickle down theory.

Here is Kenneth's commentary:

Society has been structured for a few centuries now such that we are expected to voluntarily give up some of our wealth to governing bodies, and in return they will “ honestly and prudently” govern for the betterment and cohesiveness of society, so that we can collectively live in peace with each other. That is the theory of the Social Contract.

As I talk with friends and clients, there is rising anger at how the resources we all “voluntarily” turn over to governments are being squandered, wasted, fraudulently re-allocated, and that a ruling, governing, elitist class is rapidly emerging (Hunger Games) that subsists extravagantly on these taxes, not to mention the entitlement class that also has come to depend on the largesse of the working class.

The anger rises daily, and I am now constantly hearing from people about how they plan on “beating the system” i.e. dodging taxes, legally or illegally. People are rebelling in rising numbers, and it manifests itself in so many ways--working less or not at all, going to a cash economy, making up deductions that don’t exist, giving less to charity, cashing in on the entitlement culture, etc. etc.

The trust in government to do the right thing is rapidly being eroded, so the Social Contract unravels more and more. How much longer can a society survive, living side by side, collectively, under such circumstances? I have started to study the concept of the Social Contract, to better understand the theory behind it, and why more and more people feel it is broken.

Thank you, Kenneth, for addressing a critical topic. I do not claim any expertise in social contract theory, but in broad brush we can delineate two implicit contracts: one between the citizenry and the state (government) and another between citizens.

We can distinguish between the two by considering a rural county fair. Most of the labor to stage the fair is volunteered by the citizenry for the good of their community and fellow citizens; they are not coerced to do so by the government, nor does the government levy taxes to pay its employees or contractors to stage the fair.

The social contract between citizens implicitly binds people to obeying traffic laws as a public good all benefit from, not because a police officer is on every street corner enforcing the letter of the law.

The social contract between the citizens and the state binds the government to maintaining civil liberties, social peace, defending the nation, and in the 20th century, providing social welfare for the disadvantaged, disabled and low-income elderly.

The focus of the above article on "trickle down economics" focuses on income inequality as a key metric of the Social Contract: rising income inequality is de facto evidence that the Social Contract is fraying or broken.

I think this misses the key distinction in the Social Contract between citizens and the state, which is the legitimacy of the process of wealth creation and the fairness of the playing field and the referees, i.e. that no one is above the law.

Few people begrudge legitimately earned wealth, for example, the top athlete, the pop star, the tech innovator, the canny entrepreneur, the best-selling author, etc. The source of these individual's wealth is transparent, and any citizen can decline to support this wealth creation by not paying money to see the athlete, not buying the author's books, not shopping at the entrepreneur's shops, etc.

The Social Contract is broken not by wealth inequality per se but by the illegitimate process of wealth acquisition, i.e. the state has tipped the scales in favor of the few behind closed doors and routinely ignores or bypasses the intent of the law even as the state claims to be following the narrower letter of the law.

By this definition, the Social Contract in America has been completely smashed. One sector after another is dominated by cartel-state partnerships that are forged and enforced in obscure legislation written by lobbyists. Once the laws have been riddled with loopholes and the regulators have been corrupted, "no one is above the law" has lost all meaning.

Those who violate the intent of the law while managing to conjure an apparent compliance with the letter of the law are shysters, scammers and thieves who exploit the intricate loopholes of the system, all the while parading their compliance as evidence the system is fair and just. In this way, the judicial system becomes part of the illegitimate process of wealth accumulation.

In America, political and financial Elites are above the intent of the law. Is bribery of politicos illegal? Supposedly it is, but in practice it is entirely and openly legal.

This is the norm in banana republics, whose ledgers are loaded with thousands of codes and regulations that are routinely ignored by those in power. In the Banana Republic of America, financial crimes go uninvestigated, unindicted and unpunished: banks and their management are essentially immune to prosecution because the crimes are complex (tsk, tsk, it's really too much trouble to investigate) and they're "too big to prosecute."

The rot has seeped from the financial-political Aristocracy to the lower reaches of the social order. The fury of those still working legitimate jobs and paying their taxes is grounded in a simple, obvious truth: America is now dominated by scammers, cheaters, grifters and those gaming the system, large and small, to increase their share of the swag.

Formidable armies of scammers and their enablers (attorneys and doctors) are pillaging workers compensation, temporary disability, insurance and Social Security Disability (the lifetime kind, your claim and condition are never monitored after your claim is approved), not to mention Medicare fraud and those gaming the wide array of welfare programs.

The honest taxpayer is a chump, a mark who foolishly ponies up the swag that's looted by the smart operators. Everyone knows that the vast majority of wealth accumulation in America flows not from transparent effort on a level playing field, but from persuading the Central State (the Federal government and the Federal Reserve) to enforce cartels and grant monopolistic favors such as tax shelters designed for a handful of firms and unlimited credit to private banks.

When scammers large and small live better than those creating value in the real economy, the Social Contract has ceased to exist. When the illegitimate process of wealth acquisition--a rigged playing field, a bought-off referee, and an Elite that's above the law by every practical measure--dominates the economy and the political structure, the Social Contract has been shattered, regardless of how much welfare largesse is distributed to buy the complicity of state dependents.

Once the chumps and marks realize there is no way they can ever escape their exploited banana-republic status as neofeudal debt-serfs, the scammers, cheats and grifters large and small will be at risk of losing their perquisites. The fantasy in America is that legitimate wealth creation is still possible despite the visible dominance of a corrupt, venal, self-absorbed, parasitic, predatory Aristocracy. Once that fantasy dies, so will the marks' support of the Aristocracy.

As Voltaire observed, "No snowflake in an avalanche ever feels responsible": every claim, every game of the system, every political favor purchased is "fair and legal," of course. This is precisely how empires collapse.

Kenneth D. also suggested that we are experiencing a Hegelian dialectic, an era where the wheel turns and opposing forces generate a new synthesis.

In broad brush, we can trace the dialectic from feudalism to capitalism to the present financialized cartel-state neofeudalism and next, to a synthesis built on the opposite of neofeudalism, which is decentralization, transparency, accountability, legitimacy and liberty.


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#1. To: We The People (#0)

The social contract defined and demolished in less than 5 minutes

Abcdefg  posted on  2013-07-26   9:06:43 ET  Reply   Trace   Private Reply  


#2. To: Abcdefg (#1)

By definition, a contract has to be an agreement. It's intellectually dishonest to call something a contract without an agreement. To paraphrase Lysander Spooner, a contract made hundreds of years ago by people long since dead, even if they voluntarily gave their consent, cannot be assumed to be obligatory upon their posterity, or to bind them in any way. Thus, the US Constitution was a voluntary agreement by people at the time of its creation between themselves and the government but not upon people living today. Unlike a slave contract, where children born to slaves are the property of the slave owner, no valid contract can compel someone yet to be born to do something. It is likewise tenuous to claim that someone who did not participate in a particular vote is subject to the outcome of that vote (especially considering most people don't vote). For example, imagine a small group of your friends getting together to vote that they have the authority to rob you. It's absurd to think that this vote justifies their authority to steal from you. Social contract theory "is the view that persons' moral and/or political obligations are dependent upon a contract or agreement between them to form society." Are the critics correct that Social Contract Theory is not only flawed based on the validity of its premises but also actually contradicts itself?

Transcribed:

Hi everybody. It's Stefan Molyneux from Freedomain Radio. This is the social contract defined and demolished in less than five minutes.

The social contract is the idea that citizens who live in the country must obey their government. And if you remain in that country, the "love it of leave it" situation, you remain in that country and you have the right to vote ideally, this constitutes a form of voluntary contract between a citizen and his or her government.

Thus, a social contract is geographical or country-specific, unilateral (state to citizen in terms of taxation and laws - not citizen to state), and it is implicit. You do not sign it. It is not a formal agreement like a mortgage or something like that.

Now, any methodology which claims validity must itself must be subject to its own constraints. No one is above the law. The scientific method, as compared to something like religious revelation, must itself be subject to the scientific method. We can compare the results of the scientific method to other forms of "knowledge." Logic and evidence must, themselves, be subject to logic and evidence in the form of reality and consistency. And atheism cannot claim, as its own justification or truth, the fact that God told an atheist that there was no God. That would be a rank contradiction.

The government proposes itself as the highest and sole agency of justice in the land. The government claims that its justification is the social contract. Thus, the social contract must be the highest and most moral contract in existence since it's the root of all other contracts that are enforced by the state.

Thus, the opposite of the social contract must be unjust and immoral. It's just basic logic. If A is just, anti- or the opposite of A must be unjust.

The social contract is, as mentioned, geographical, unilateral and implicit. Thus, all contracts that fulfill these obligations must also be just if the social contract is just.

So, for example, let's have a look at the social contract car dealership. So I send a letter to every household in a 10-block radius telling the occupants that I have bought a car on their behalf, that they can choose a Volvo or BMW if they want. If they don't choose, I'm just going to send whatever the majority chooses. The car is delivered to them. Next week, the car cannot be returned. I'm enclosing a bill for $30,000. If they don't want the car, no problem. All they have to do is move to another neighborhood where they will have to choose another car.

So let's say I bring this contract from my social contract car dealership to the government and ask them to enforce it. What will the court's response be? Well, they'll call me insane and they will laugh me out of the court. If I then take a gun and say "well I'm going to go pick up this $30,000 that these people owe me, I'm considered an immoral aggressor. I'm going to get arrested and spend years and years in jail. Yet I am perfectly fulfilling the requirements of the social contract. It's geographical, it's unilateral, and it is implicit.

Since the government claims, as its justification, the universal validity of the social contract but will attack as evil and unjust anyone who attempts to enforce an identical contract, the social contract is, thus, considered to be the highest moral good in terms of the government's justification and the greatest moral evil simultaneously. Now if the social contract is the highest moral good, then the government should defend it for everyone. But the government does the opposite. The government attacks competing social contracts. Therefore, it is evil. If the social contract is the greatest evil then the government is, by definition, evil since that is what it claims is the justification for its power.

Ah, but perhaps we could amend the social contract to say "well no geographical overlapping." Ah... doesn't work. The government core geographically overlapping social contract's morally good - fed, local, municipal, and so on. Perhaps we say social contract only applies to governments but, by definition, the social contract, to be valid, must apply to everyone, especially the poor sap taxpayers.

Now if the social contract were to apply to everyone, everyone could create and enforce a social contract while the government would say "my social contract allows me to send you a bill for 10 grand for taxes." And I say, "OK, I'm going to send you back, through my social contract, a bill for 10 grand." Nothing is achieved. It all cancels out. Therefore, the social contract is only possible if it is the highest good and the greatest evil simultaneous. Good for government, evil for me.

If it's morally good for Person A to impose a social contract on Person B but morally evil to do the reverse, thus, exactly to the degree that the social contract is morally good, the government is morally evil for attacking competing impositions of a universally good moral contract. Exactly to the degree that the social contract is morally evil, the government is morally evil since that is what it uses to justify its own violent power. Thus, the social contract utterly and completely and totally invalidates the social contract.

Thank you very much. 20 seconds to go. This is from my free book, Everyday Anarchy, which you can pick up at my website www.freedomainradio.com/free. Thank you so much watching and/or listening and I still have some time to spare but we'll finish early, shockingly enough. And I will talk to you soon.

The Social Contract: Defined and Destroyed in under 5 mins

DISCUSS!

Interesting.

We The People  posted on  2013-07-26   9:46:43 ET  Reply   Trace   Private Reply  


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