on 19-Aug-2020 (Wed)

The concept of social contract theory is that in the beginning man lived in the state of nature. They had no government and there was no law to regulate them. There were hardships and oppression on the sections of the society. To overcome from these hardships they entered into two agreements which are:- 1. Pactum Unionis ; and 2. Pactum Subjectionis . By the first pact of unionis, people sought protection of their lives and property. As, a result of it a society was formed where people undertook to respect each other and live in peace and harmony. By the second pact of subjectionis, people united together and pledged to obey an authority and surrendered the whole or part of their freedom and rights to an authority. The authority guaranteed everyone protection of life, property and to a certain extent liberty

Thomas Hobbes legal theory is based on Social contract . According to him, prior to Social Contract, man lived in the State of Nature. Man s life in the State of NATURE was one of fear and selfishness. Man lived in chaotic condition of constant fear

This idea of self-preservation and self-protection are inherent in man s nature and in order to achieve this, they voluntarily surrendered all their rights and freedoms to some authority by this contract who must command obedience. As a result of this contract, the mightiest authority is to protect and preserve their lives and property. This led to the emergence of the institution of the ruler or monarch , who shall be the absolute head. Subjects had no rights against the absolute authority or the sovereign and he is to be obeyed in all situations however bad or unworthy he might be. However, Hobbes placed moral obligations on the sovereign who shall be bound by natural law. Hence, it can be deduced that, Hobbes was the supporter of absolutism

Hobbes thus infers from his mechanistic theory of human nature that humans are necessarily and exclusively self-interested. All men pursue only what they perceive to be in their own individually considered best interests. They respond mechanistically by being drawn to that which they desire and repelled by that to which they are averse. In addition to being exclusively self-interested, Hobbes also argues that human beings are reasonable. They have in them the rational capacity to pursue their desires as efficiently and maximally as possible

the natural law became a moral guide or directive to the sovereign for preservation of the natural rights of the subjects. For Hobbes all law is dependent upon the sanction of the sovereign

Individualism, materialism, utilitarianism and absolutions are inter-woven in the theory of Hobbes.

Locke s view about the state of nature is not as miserable as that of Hobbes. It was reasonably good and enjoyable, but the property was not secure. He considered State of Nature as a Golden Age . It was a state of peace, goodwill, mutual assistance, and preservation . In that state of nature, men had all the rights which nature could give them. Locke justifies this by saying that in the State of Nature, the natural condition of mankind was a state of perfect and complete liberty to conduct one s life as one best sees fit. It was free from the interference of others. In that state of nature, all were equal and independent. This does not mean, however, that it was a state of license. It was one not free to do anything at all one pleases, or even anything that one judges to be in one s interest. The State of Nature, although a state wherein there was no civil authority or government to punish people for transgressions against laws, was not a state without morality. The State of Nature was pre-political, but it was not pre- moral. Persons are assumed to be equal to one another in such a state, and therefore equally capable of discovering and being bound by the Law of Nature. So, the State of Nature was a state of liberty

Property plays an essential role in Locke s argument for civil government and the contract that establishes it. According to Locke, private property is created when a person mixes his labour with the raw materials of nature.

Property is the linchpin of Locke s argument for the social contract and civil government because it is the protection of their property, including their property in their own bodies, that men seek when they decide to abandon the State of Nature

John Locke considered property in the State of Nature as insecure because of three conditions; they are:- 1. Absence of established law; 2. Absence of impartial Judge; and 3. Absence of natural power to execute natural laws.

Under the contract, man did not surrender all their rights to one single individual, but they surrendered only the right to preserve / maintain order and enforce the law of nature. The individual retained with them the other rights, i.e., right to life, liberty and estate because these rights were considered natural and inalienable rights of men.

According to Locke, the purpose of the Government and law is to uphold and protect the natural rights of men. So long as the Government fulfils this purpose, the laws given by it are valid and binding but, when it ceases to fulfil it, then the laws would have no validity and the Government can be thrown out of power. In Locke’s view, unlimited sovereignty is contrary to natural law.

Jean Jacques Rousseau was a French philosopher who gave a new interpretation to the theory of Social Contract in his work “The Social Contract” and “ Emile”. According to him, social contract is not a historical fact but a hypothetical construction of reason. Prior to the Social Contract, the life in the State of Nature was happy and there was equality among men. As time passed, however, humanity faced certain changes. As the overall population increased, the means by which people could satisfy their needs had to change. People slowly began to live together in small families, and then in small communities. Divisions of labour were introduced, both within and between families, and discoveries and inventions made life easier, giving rise to leisure time. Such leisure time inevitably led people to make comparisons between themselves and others, resulting in public values, leading to shame and envy, pride and contempt. Most importantly however, according to Rousseau, was the invention of private property,

For Rousseau the invention of property constitutes humanity s fall from grace out of the State of Nature. For this purpose, they surrendered their rights not to a single individual but to the community as a whole which Rousseau termed as general will

carcinoma, sarcoma, lymphoma, and melanoma. I refer to t hese as the “Big Four”

broad-spectrum epithelial marker (typically a broad-spectrum keratin), CD45 (aka leukocyte common antigen), and S-100 (or SOX10

There is no single screening marker for sarcoma

Vimentin is useful to distinguish endometrial (+) from endocervical (-) adenocarcinomas

Pheochromocytoma/ paraganglioma None Epithelioid morphology; “triple- negative” malignant neoplasm; confirmatory IHQ = GATA-3, PHOX2B, tyrosine hydroxylase

Mesothelioma should always be considered in the pleura, pericardium, and peritoneum, and useful differentiation markers include calretinin, WT-1, D2-40, CK5/6 (or CK5

When I remain diagnostically bereft after an initial cytokeratin screening panel, I may perform immunostains to epithelial membrane antigen (EMA) or epithelial cell adhesion molecule (EpCAM) (Images 4A–E). Although I do not have it in my laboratory, claudin-4

EMA is encoded by the MUC1 gene, and, in addition to its role as a broad-spectrum epithelial marker, it is often used in the dis- tinction of sebaceous and squamous cell carcinoma (EMA+) from basal cell carcinoma (EMA−) and ovarian surface epi- thelial tumors (EMA+) from sex cord-stromal tumors (EMA−)