Remarks on Andreas Abegg's paper “From the Social Contract to a Social Contract Law”

Remarks on Andreas Abegg's paper “From the Social Contract to a Social Contract Law”

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The fact that a big, tacit social contract crumbles into a multitude of tiny explicit contracts, which govern a load of social duties, relationships and behaviours, is a striking and enigmatic phenomenon. A similar Zergliederung [dissection] undoubtedly occurs in many other areas of the Law, produci...

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Bibliographic Details
Main Author: Maurizio Borghi
Format: Article
Language:deu
Published: Ancilla Iuris 2008-05-01
Series:Ancilla Iuris
Subjects:
Law and Society
Legal Theory
Legal History
Social Contract
Souvereignty
Hobbes
Bodin
Rousseau
Functionality
Online Access:http://www.anci.ch/doku.php?id=beitrag:borghi_comments
Description
Summary:The fact that a big, tacit social contract crumbles into a multitude of tiny explicit contracts, which govern a load of social duties, relationships and behaviours, is a striking and enigmatic phenomenon. A similar Zergliederung [dissection] undoubtedly occurs in many other areas of the Law, producing the overall effect of a “law-saturated society.” However, the most relevant feature in this process is not the astonishing shift from one legal paradigm to another, but the – mostly unnoticed – emergence of the trait of functionality.
ISSN:1661-8610

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