Social Contract Theory And The Legal Culture Inherited From Its

The theory of social contract is a keystone for western theoretical traditions of democracy and the rule of law, and also one of the major theoretical foundations of western political and social systems. Abundant in its broad and profound theoretical contents, it has a magnificent, rigorous, systematic and exquisite constitution of architecture and also distinctive and integral value sequences, both laying a basis for and being in a continuous line as well as well integrated with a great number of other legal theories and doctrines including the concept of popular sovereignty, the idea of equality, the philosophy of freedom and the theory of checks and balances of powers. Ever since the Age of Enlightenment, it has been more than merely a pronominal reference to the mode of democracy and the rule of law, and has also gradually formed a unique legal cultural tradition for itself, penetrating step by step into all domains of the political, economic and social lives of modern countries. To some extent it has become the metaphysically-featured common choice and a shared belief. And this paper, endeavouring to explore a new visual angle, namely the viewing angle of legal cultural tradition, shall re-conduct the inspective retrospect and analysis in depth both theoretically and practically to social contract theory's historical development inchoating from the ancient Greek and Roman Age till its newest contemporary tendency, clarify and differentiate confusable concepts and characteristics relevant with the theory of social contract, and thus furthermore make a preliminary analysis for the spiritual legacy of the culture of rule of law inherited from as well as the influences to the contemporary mainstream construction process of the civilization of the rule of law all over the world brought forth by the social contract theory. Opinions pertaining to the utilization and development of the legal culture of social contract in China shall also be explicated to further and profoundly pave the way henceforth for the research of the significances of the legal culture deriving from this theory to the development and progress of human society, for broadening the researching spheres of the social contract concepts, and for advancing the inheritance and promotion of the social contract legal culture.