We obey from utility and habit, not from a contract
Hume's critique of the social contract
The duty to obey the established government rests on the utility of society (helped by habit), not on a contract or a promise.
Governments come from force, and living in a country is not consenting: we obey because society could not otherwise subsist.
"We obey from utility and habit, not from a contract" is an argument by David Hume ('Of the Original Contract' (Three Essays, Moral and Political, 1748), 1748) on the question "Must we always obey the law?" (answer: obey). Its claim: The duty to obey the established government rests on the utility of society (helped by habit), not on a contract or a promise. According to AskPhilosophy's logic check (Z3 solver), the argument is valid only if one grants a premise the author leaves unstated (P4). AskPhilosophy presents 3 objections, 3 of them with a documented reply, and the original text behind each premise, checked word for word.
In eighteenth-century Britain, two political camps rest their doctrine on grand theories. One says that power comes from God and must not be touched. The other says that power comes from an original contract in which the people kept the right to resist. Hume finds both theories true 'but not in the sense each party gives them'. In his essay on the contract he examines the facts (how did governments begin?), then the thesis of 'tacit consent' (does staying in a country mean consenting?), then proposes another basis for obedience: utility. His thesis is not that we must obey any power: the same test of utility also limits obedience (see his replies below). The P1 to P4 → C form is our reconstruction.
click a premise to reject it
Without the implicit premise: Without P4, the computer finds a case where we are bound to obey although none of the three grounds applies: for instance a natural duty of justice. The other premises do not exclude it.
Objections
3Each objection is a conversation: click to see who replies and where the debate stands.
John Locke 1689 · attacks premise 2Locke answers the objection in advance: every man that has any possessions, or enjoyment, of any part of the dominions of any government, thereby gives his tacit consent, and is obliged to obey the laws of that government as long as he enjoys it, whether his possession be of land for ever, or a lodging for a week, or barely travelling freely on the highway.
Hume replies
Locke answers the objection in advance: every man that has any possessions, or enjoyment, of any part of the dominions of any government, thereby gives his tacit consent, and is obliged to obey the laws of that government as long as he enjoys it, whether his possession be of land for ever, or a lodging for a week, or barely travelling freely on the highway.
Jean-Jacques Rousseau 1762 · attacks premise 1Rousseau does not say the contract took place one day: it is the standard of what makes a power legitimate. The problem is to find a form of association in which each, uniting with all, nevertheless obeys only himself and remains as free as before. That real governments were born of force changes nothing: it shows they are not legitimate, not that the idea is false.
Hume replies
Rousseau does not say the contract took place one day: it is the standard of what makes a power legitimate. The problem is to find a form of association in which each, uniting with all, nevertheless obeys only himself and remains as free as before. That real governments were born of force changes nothing: it shows they are not legitimate, not that the idea is false.
Jean-Jacques Rousseau 1762 · attacks premise 3An objection drawn from Rousseau's chapter on the 'right of the strongest': obeying because a power is established would justify any power. Rousseau writes: 'Obey the powers that be': if that means 'yield to force', the precept is good but superfluous, for it will never be violated. The brigand at the corner of a wood holds a pistol that is also a power: one must give up one's purse, but is one obliged in conscience? Force makes no right.
Hume replies
An objection drawn from Rousseau's chapter on the 'right of the strongest': obeying because a power is established would justify any power. Rousseau writes: 'Obey the powers that be': if that means 'yield to force', the precept is good but superfluous, for it will never be violated. The brigand at the corner of a wood holds a pistol that is also a power: one must give up one's purse, but is one obliged in conscience? Force makes no right.