Politika i ugovor. Kritika modernih teorija ugovora
Politics and the Contract. A Critique of Modern Theories of Contract

Summary/Abstract: There are three basic types of modem theories of contract. The first involves the "original contract" as the historic agreement concluded once and for all. The characteristic example of this type of "Ur-contract" is Locke’s "original contract". The second type is the "implicit contract", which does not presuppose a one¬ -time but a permanent consent, which may be expressed tacitly or by co-operation. The first form of the "implicit contract" is to be found in Plato's Crito. The third type is the "hypothetical contract", according to which a rule is legitimate if it behaves as if it had resulted from a contract concluded by free and equal individuals. The objections that can be made against the individual theories of contract do not invalidate the general idea of the contract. They indicate, instead, that the preconditions for contract theories are the philosophy of human nature and anthropology.

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