On The Human Rights From The View Of The Social Contract

If you count the valuable asset left by the Western Enlightenment and the Renaissance to mankind, it would surely be The Social Contract Theory and The Concept of Human Rights. These two thoughts has been supporting the development of western world all the time. Among them, The Social Contract Theory plays an important role in the process of western bourgeois revolution and reform, attracting widespread concern as a means of political order. As an approach to fulfill one’s own individual rights, The concept of Human Rights is continually improving, and has formed its own sound development mechanism through legal rules and real realization of human rights. Both The Social Contract Theory, a political order comment theory and The Theory of Human Rights, the fulfillment of individual rights are also born in the Age of Enlightenment and have homogenous features. Through the analysis of the contract theorists’ classic works concerning political construction and right awareness, this paper insists that they have logical consistency in the process of theoretical framework, namely a kind of theoretical tradition of The Social Contract Theory taking as a demonstration model of human rights. The meaning of treating the view of human rights of The Social Contract Theory as a research subject lies in that if we use The Social Contract Theory as a medium to analysis the concept of human rights, the vague concept of human rights would be theoretically discussed in a systematic way; If we examine The Social Contract Theory from the concept of human rights, we would find out their links with human rights as a tie in different versions of the Social Contract Theory and a discussion about the value orientation of human rights.The similarity of the concepts of human rights of The Social Contract Theory is that among these doctrines, it shapes the political order and the individual rights into a mutually harmonious symbiont and attempts to conduct political structures while protecting benefits relating human life which are formed based on human rational ability. The differences of the concept of human rights of The Theory rest with that due to different theoretical ambitions, background and research methods, different scholars- especially people like Hobbes, Locke, Rousseau, Kant and Rawls- have different views on treating political order, and these views deeply affect the differences of their pursuit of the values of human rights and of their systematic designs of the realization of human rights- all these are directly reflected in their arguments on human rights in their social contract theories. Therefore, grasping the thought of demonstration of human rights views on The Social Contract Theory view is not only the best way to study the of human rights on The Social Contract Theory, but also the core task to reveal their inner links.This paper argues that social contract theorists try to demonstrate The Social Contract Theory reflecting the concept of human rights from the approach of the political order, of morality and of the public choice, and on the basis, it opens up discussion on the value of human rights. These have enriched the connotation of the concept of human rights, and also promoted its development.