SOCIAL CONTRACT: COMMUNICATIVE AND HERMENEUTIC ASPECTS

Abstract

The article discusses the validity of the contractual theory of the origin of the state. Arguments of opponents and supporters are given. Their arguments in support of the existence of this theory are expressed. It is indicated that the natural language of communication has a conventional character, and is an unmanifested collective agreement. It is indicated that new generations join this convention in the process of socialization. From this it is concluded that the idea of the state and the relationship (interaction) with it also has an unmanifested contractual nature. The content of the social contract is considered. It is proposed to use hermeneutical methodology, in particular, the principle of questioning, for the study of such a contract. It is indicated that with the help of this principle, it is possible to identify the unmanifested content of the social contract. It is indicated on the questions and answers that underlie the contract. In the course of the study, the questions that the text of the contract can answer are identified, the ideas of the members of the society about interaction with the state are established. The article highlights the issue of the subjects (participants) of such a contract. It is concluded that the main of them are social groups. The largest group is the "people", which can also be considered as a hermeneutic community, that is, a community of people united by a single picture of the world and language. It is pointed out the importance of taking into account the provisions of the social contract in lawmaking and in the interpretation of law.