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Ancilla Iuris  2008 

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

Keywords: Law and Society , Legal Theory , Legal History , Social Contract , Souvereignty , Hobbes , Bodin , Rousseau , Functionality

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Abstract:

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.

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