The Fundamental Issues Of Contract Theory

"Social contract" indicated in this thesis is not merely the civil contract. Social contract, originating from conformity of civil contract, has already transcended the fantastical construct and grown into a system developing independently. The author of this thesis reviews the development history of social contract and civil contract and educes the essential constituents of contracts, or namely, tenable premise of contracts. Hereby, the "contract" indicated in this thesis is "contract" in common sense, which is not designated as either civil contract or social contract.The author reviews the development of civil contract, and specializes in the "participation contract theory " which is rarely entered into by the rest researchers. The development of "participation contract theory " has actually abandoned the principle of absolute contract freedom, and examined contract from a macro rather than micro perspective. The author reviews the development of social contract theory. From Hobbes to Rawls, theorists progress social contract from a theoretical hypothesis to method of justice principle, nevertheless, corporatists' criticism demonstrates the shortcomings of modern social contract. Individualism in methodology, emphasis on individual freedom and relative disregard towards commonality benefit are all its shortcomings. Grounded on the former reviewing, the author tries to designate the essential constituents of general contract which is the tenable premise of contract.The following changes have taken place in the field of civil contract, firstly, people pay more attention on the macroscopic examination, rather than micro ways, in the methodology of understanding of things, which leads to some revolutionary changes in many respects.The development of social contract theory lies in: the contract theory turns to be a way of demonstrate of justice from simple theory hypothesis. But the purely individualism way of thinking make the modern contract theory be severely criticized by corporatism. From the point view of corporatism, the subject only makes sense in specific society.Based on the analysis of civil contract and social contract theory and summary of the good and bad points of the both the two theory, the author finds out the following aspects of the...