Prof. Junger writes:

>The idea of contracts as being something fundamental in the law is--at least as far as the common law is concerned--very much a nineteenth century development. As far as the civil law of the European continent is concerned, I am under the impression that there too it was only in the nineteenth century that Contract was raised to its present mystical status,

Generally, I think this is accurate, though the roots of contract are much deeper. Mohammed taught that all Muslims must honor their obligations and keep their contracts and compacts and treaties and promises. Keeping one's promises is also found throughout the Christian and Jewish Bibles. The idea of contract certainly exists in the ancient Roman law as well, though, I agree, not in the full, absurd glory of the west in the last 300 years.

I also concur that social contract is a rationalists rationalization for society - as a result of a felt need to explain why there is society in a selfish, rational way. If one sees altruism and compassion and joy in companionship as parts of human nature, then one needs no social contract, fictional or otherwise, to explain society or government.

But the concept may have utility in revolution or revision of government - "deriving their just powers from the consent of the governed." But that is a different matter.

Cheers,
Steve Jamar
Howard Law