| | Max,
You wrote,
“Whereof derives the term "social contract" since I thought that a contract is a consensus form that must be accepted by both parties. However, no democratic society (I know of) ever asked me for my consent to the laws and state in general.”
(1) I think Rousseau was the first major thinker to use the term and the OED cites him as the first.. The term does not appear in either Hobbes, Locke or Hume. In fact, the earliest appearance in English that I’ve been able to trace occurs in Sidgwick’s (1838-1900) METHOD OF ETHICS,
(2) Your second sentence seems to not recognize the possibility of implicit consent or contract. Locke deals with this in the Second Treatise, Section 119 which I now quote for you.
119. Every man being, as has been shewed, naturally free, and nothing being able to put him into subjection to any earthly power, but only his own consent; it is to be considered, what shall be understood to be a sufficient declaration of a man's consent, to make him subject to the laws of any government. There is a common distinction of an express and a tacit consent, which will concern our present case. No body doubts but an express consent, of any man entering into any society, makes him a perfect member of that society, a subject of that government. The difficulty is, what ought to be looked upon as a tacit consent, and how far it binds, i.e. how far any one shall be looked on to have consented, and thereby submitted to any government, where he has made no expressions of it at all. And to this I say, that every man, that hath any possessions, or enjoyment of any part of the dominions of any government, doth thereby give his tacit consent, and is as far forth obliged to obedience to the laws of that government, during such enjoyment, as any one under it; whether this his possession be of land, to him and his heirs for ever, or a lodging only for a week; or whether it be barely travelling freely on the highway: and, in effect, it reaches as far as the very being of any one within the territories of that government.
Hope that helps.
Fred
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