| Article | Conflict and Contract |
|---|---|
| Authors |
Burlay Ye.
|
| Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
| Issue | 2 / 2012 |
| Pages | 288 - 303 |
| Annotation | Seeing mechanisms of contract, judicial decision and law-making as a necessary elements of legal method for providing social order the author devotes this article to legal contract as instrument for the social confliction's control. A great deal of attention is devoted to social preconditions of the legal contract as another of legal forms, to the phenomena of social exchange, social subjection and social convention in particular. It's demonstrated in the article that the risk of strong confliction in unbalanced social exchange situations causes legal contract as a mechanism of different (sometimes antagonist) interests' coordination and as well as act that obliges parties to acceptable activity. The author interprets contracts making and realizations as a result of peoples' natural self-defense under conditions of dangerous interactions and heavy losses risks, so contract forgoes other legal forms. The contract mechanism's nature and functions present law as a factor of self-organization in intricate stratified societies. |
| Keywords | conflict, confliction, control of conflicts, Law, law as a mechanism for social control, contract, social exchange, social subjection, social convention, legal contract, contract mechanism. |
| References | |
| Electronic version | Download |