Abstract

The Author investigates the main tenets of the classical theories of social contract as they appear in the works of Hobbes, Locke, Rousseau and Kant, in order to compare them with the contemporary neo-contractarian theories of Rawls, Nozick and Buchanan. Whereas classical contractarian theories are voluntaristic theories founding and legitimatizing the modern State, and the compulsoriness of its legal acts, the neo-contractarian doctrines aim at finding rules and principles of justice in contemporary Western societies on an agreement basis. Under this point of view they are more akin to contemporary discourse theories than to XVIIth and XVIIIth century philosophy of State.