This argument is repeated more often than any other for justification. Although not a very good argument, it must be addressed. Are rights surrendered? For example, all of the people surrendered some of their rights when the constitution was written. We can even claim this is a fact. Fine, what about the succeeding generations? Can the rights be surrendered for every single person in perpetuity? Accepting this theory is going down the road to state slavery.
You must have the will to truth, not the will to delusion. The rights of their children may be surrendered until adulthood, but they would be free to make their own decision after that. So, after the first generation, this “contract” would be void. We do not even need the entire generation to void this contract. It would only take one individual to not agree in society to void this contract. This myth doesn’t mean you’re free, it means you’re free to obey.
Are you tacitly agreeing because you were born in a country or stay in a country? This argument holds that an individual cannot disagree with any state action, ever. What about the surrender of rights in only the areas of self-defense? This person can disagree with non-self-defense state actions. What if you disagree with the state’s “self-defense” actions? Mao, Lenin/Stalin, and Hitler thought what they were doing were in defense of the country. Does this mean you agree to mass murder?
Suppose a man and a woman go on a date. The man invites her to his place. She enjoyed the date but declines to go home with him. The man does not like this very much. He forces her to go home with him and has sex with her. Did the woman tacitly consent to sex because she went on the date? She even had a good time. Did she socially agree to sex? The woman reports the incident. She says she was raped. He disagrees, he claims she tacitly consented to sex through a nonexistent contract.
The social contract theory is an absurd one. There was never a “contract,” and the reasons for the theory can easily be destroyed. Statists of all stripes have used this ridiculous theory to justify state actions from small interventions to mass murders. To agree with the social contract is to agree the man did not rape the woman in the reductio. Any logically thinking individual will see through this nonsense. You are no longer living according to your nature but the state’s nature.
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