Journal of Siberian Federal University. Humanities & Social Sciences / Establishing Contractual Relationships: an Antropological Approach

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2019 12 (11)
Authors
Volchetskaia, Tatyana S.; Primak, Tatyana K.
Contact information
Volchetskaia, Tat’iana S.: Immanuel Kant Baltic Federal University 14 A. Nevskogo Str., Kaliningrad, 236016, Russia; Primak, Tatyana K.: Immanuel Kant Baltic Federal University 14 A. Nevskogo Str., Kaliningrad, 236016, Russia; ; ORCID: 0000–0003–4101–1112
Keywords
contract (agreement); norms; rules; language; exchange; individual; consent; anthropology; property; state; law; individualism; person; regulator
Abstract

Scientific research of contractual relationships represents not only an interesting aspect of learning about the past of human civilization, but also a necessary component of the creation and improvement of new forms of state-public structures. This component implies consent as a basic element of the interaction system. But many questions remain insufficiently researched for the following reasons: the dominant view on the contract as subordinate in relation to the state and law; the lack of integrity of positions on the origin and composition of the elements that determine the contract’s nature. To get new ideas and perspectives of study it is necessary to reconsider traditional points of view on the emergence of norms, exchange, individualism, property, to use new approaches, especially anthropological one. Based on scientific research, the authors concluded that the agreement (contract) appeared simultaneously with the emergence of the human community; the agreement (contract) does not need to be recognized by the state, it can be considered as a natural regulator of social relations. The general and private levels were identified in the process of forming the contract, and there were indicated contracts’ features, components and the principle of interaction through the individual person

Pages
2107–2117
DOI
10.17516/1997–1370–0514
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/127056

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