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The Theory of Contract in Its Social Light

The Theory of Contract in Its Social Light


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER IV THE BACKGROUND OF THE STATE Hitherto we have been looking at contract as if it were the most conspicuous object set in a landscape of which the background was formed by the State. It is now necessary to observe this background more closely; in other words, to take up the second of the two social unities which we have to consider. And in order to do so we must notice the view, that rights of contract, like all other rights, are grounded in a common interest which men who find themselves placed together in a state of society necessarily possess. This is the theory advanced by Idealism, to which reference has already been made. According to Professor Green1?to begin with his way of putting the matter?the consciousness of having rights is co-ordinate with the recognition of others as having them; and the basis of both is the conception of a common good which at least ought to be attained. Without this conception the recognition of a mere power, as a right, would not be possible. The mere power on the part of one person is recognised byothers as a right which ought to be exercised, in consequence of the logical principle that these others regard it as a means to an ideal good, in which all are interested; and the possessor regards his power as not merely a power, but also a right, through the consciousness of this social recognition. Not, of course, that such a principle is avowedly acted on; but it is the philosophical basis on which all rights rest, the rational explanation of their existence. The same principle explains why everyone who is socially a person, and, therefore, capable of entering into this conception of a common good, should be regarded as capable of having rights. It is thus that he is enabled to play his part in society; he thus obtains a footin...


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Product Details
  • ISBN-13: 9780217300063
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 229 mm
  • No of Pages: 46
  • Spine Width: 3 mm
  • Width: 152 mm
  • ISBN-10: 0217300065
  • Publisher Date: 14 Oct 2010
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 82 gr


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