Roots of Property Law: From the Moral Contract - and the Doctrine of Economic Justice - to the Social Contract: Is the Legal Contract Next?

2010 ◽  
Author(s):  
Carmine Gorga
2021 ◽  
pp. 113-132
Author(s):  
Charles Devellennes

This chapter provides a reflection on the new social contract, taking Diderot as dialectician of change, and offer ways to think about the future of the tradition. It shows that such a model is possible. A new social contract will take into account the need for liberty, democracy and economic justice. Most working class people have finished high school and been awarded a Baccalauréat, and many are home-owners of one of the millions of bungalows built throughout peripheral France. Yet their ability to secure economic independence, a promise of the Enlightenment, has not materialized. Many are worse off than their parents, and those without family assistance are extremely exposed to the ebb and flow of macro-economic trends such as global slowdown and recession. A social contract of the future has to address these needs that were posited as the sine qua non condition for social advancement more than two centuries ago. The revolt of the gilets jaunes against rent-seeking economic actors, such as landlords, motorway management companies, insurance and mortgage companies, and utilities, is testament to the economic plight that needs redressing. Although the gilets jaunes have failed to organize themselves politically in the traditional sense, they have provided one of the strongest political challenges to the very existence of the French state as it currently stands. It is this new form of politics, which does not go through political parties but demands social and economic justice directly, that is at the centre of the new social contract they demand.


2021 ◽  
pp. 133-150
Author(s):  
Charles Devellennes

This concluding chapter uses Burke's theorizing about the social contract, as well as his reflections on the sublime and beautiful, to show how ugliness (as a concept) has seeped into political life, as well as offering reflections on some international comparisons, by showing the links between the gilets jaunes and the Brexit and Trump votes, as well as providing short comparisons with Poland and Chile. A social contract for the future will have to address the issues. A rethinking of the militarization of police forces equipped with weapons of war for crowd control seems essential, but this is unlikely to occur if those who have used these weapons do not come forward to testify to their use in practice. A public reconciliation process, with open and transparent accounting of who has done what and when, possibly granting immunity from prosecution for those who come forward, will go a long way in addressing the social ill caused by the protests. Constitutional revisions can go a long way in addressing systemic inequalities, even if the outcomes of the new constitutional arrangements do not exactly meet the demands of either party. In terms of economic justice there are also solutions. As an alternative to increased inequalities caused by public debt, Graeber proposes that all new moneys could be issued by citizens, rather than financial institutions, creating wealth for all instead of for specific companies and their shareholders. If the current wounds inflicted to the social contract are to heal, it seems inevitable that widespread changes occur, rather than piecemeal band-aids.


2017 ◽  
Vol 10 (2) ◽  
pp. 157-177
Author(s):  
Egdūnas Račius

Muslim presence in Lithuania, though already addressed from many angles, has not hitherto been approached from either the perspective of the social contract theories or of the compliance with Muslim jurisprudence. The author argues that through choice of non-Muslim Grand Duchy of Lithuania as their adopted Motherland, Muslim Tatars effectively entered into a unique (yet, from the point of Hanafi fiqh, arguably Islamically valid) social contract with the non-Muslim state and society. The article follows the development of this social contract since its inception in the fourteenth century all the way into the nation-state of Lithuania that emerged in the beginning of the twentieth century and continues until the present. The epitome of the social contract under investigation is the official granting in 1995 to Muslim Tatars of a status of one of the nine traditional faiths in Lithuania with all the ensuing political, legal and social consequences for both the Muslim minority and the state.


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