Anumita Sawhney, Lotus Valley International School, Noida
ABSTRACT
This paper explores the modernised interpretation of social contract theory through the lens of constitutions, laws, and torts. Social contract theory, historically rooted in the works of philosophers like Thomas Hobbes and Jean-Jacques Rousseau, has evolved to underpin the framework of contemporary constitutional democracies. Constitutions, as the embodiment of social contracts, are analysed as binding agreements between the government and the governed, incorporating key contractual elements such as offer and acceptance, consideration, intention to create legal relations, legal capacity, and consent. Building on this foundational contract, laws are conceptualised as subcontracts derived from the constitutional framework, enforcing specific rights and duties that reflect the collective will and consent of the people. Judicial decisions further interpret these subcontracts, ensuring the dynamic and responsive nature of the legal system. Additionally, torts are examined as breaches of the implicit contractual obligations established by the social contract, highlighting their role in maintaining societal harmony and legal accountability. Through this comprehensive analysis, the paper demonstrates how modern legal systems are intrinsically linked to the principles of social contract theory, emphasising the contractual nature of constitutions, laws, and torts in fostering governance, justice, and societal order.
