Social Contract: Meta-Elements

The term "social contracts" bespeaks a regulatory or monitoring system of human relationships. This understanding dates back to John Locke, who used the term to describe the foundations of government. I am simply extending the term to a variety of human relationships, all of which I believe ought to be systematized for the sake of greater rational control by those involved.

My definition of "social contract" has five elements, stemming from what a contract is. 1) It is a promise of one of the parties to do something that benefits one of the other parties. 2) It requires sufficient consideration--something of value--as recompense for the beneficial action. A wants B to build a garage on A's property. B says he'll do it for $2,300. 3) There is a meeting of the minds. In the case cited, both A and B agree: B is to build the garage; and A promises to pay B $2,300. This creates a legal duty on the parties. 4) There is, stated or implied, an understanding as to what happens if the contract should be breeched, i.e., one or the other party fails to live up to terms of the contract. 5) There is, stated or implied, what constitutes a reasonable time for the contract to be fulfilled. If the contract is of long duration or open-ended, I argue there should be a check-off point, some designated event, at which parties provide feedback pertaining to each's performance (answering the question, "How am I doing?"). Additionally, at this event there must be opportunity to alter the terms of the contract to affect future action.

A social contract need not be written. Nevertheless, each party should recognize a time and place at which the contract's terms should be the topic of discussion. No significant human activity should simply "let slide" without regulation and control by the parties involved.

In sum, the difference between a contract and a social contract is that there is a deliberate effort by each party to improve his performance, where improvement amouts to the recognition that circumstances change during the length of a contract.