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SCL1501 Assignment 1 Semester 1 Due March 2026

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SCL1501
Assignment 1
Semester 1
Due March 2026

, QUESTION 1

(a) Refer to Learning Unit 1 and explain the notion of the social contract

The notion of the social contract refers to an implied agreement between individuals
living in a society and the authority that governs them. In terms of this idea, people give
up some of their natural freedom and agree to obey rules and laws in exchange for
protection, order, and the benefits of living in an organised community. The social
contract is not a written agreement that people physically sign. It is a philosophical
explanation of why laws are binding and why authority is regarded as legitimate.

For example, individuals agree not to harm others, steal property, or disturb public
order. In return, the state undertakes to protect their lives, property, and dignity through
laws, courts, and law enforcement. Think of road rules. By agreeing to stop at red lights
and drive on a specific side of the road, everyone benefits from safer travel. This mutual
giving and receiving lies at the heart of the social contract (Du Plessis et al., 2019).

(b) Relevance of the text to the notion of a subjective being and the
concept of learning

The text is relevant to the notion of a subjective being because it recognises individuals
as thinking, feeling persons who make choices and attach meaning to their actions. A
subjective being is not merely controlled by rules but understands, questions, and
interprets those rules. The social contract assumes that individuals have the capacity to
reason and to consent, even if that consent is implied rather than express. This
highlights that people are not passive objects of the law but active participants in social
life (Freire, 2005).

This idea connects directly with the concept of learning, especially when viewed through
the critique of banking education. Banking education treats learners as empty
containers into which information is deposited by teachers. Learners are expected to
memorise and repeat information without questioning it. In contrast, recognising

Connected book
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Lisa Cherkassky, Julia Cressey, Christopher Gale Legal Skills
Publisher: 2011 ISBN: 9781509968664 Edition: Unknown

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