Estado, humanidade e liberdade: a liberdade de contratar

Abstract

The present dissertation aims at demonstrating the nexus between contract, freedom and humanity as interdependent entwined elements wich cannot be analyzed separately from one another. The preexistence of the freedom of contract was an essential factor to the survival and development of human society since the dawn of civilization, a fact that corroborates the thesis of Social Contract as a valid scientific explanation of the institutional origins of our culture. In order to demonstrate such conclusions, the paper addresses a number of different issues by focusing primarily on an evolutionary approach, in order to provide evidence of the transition from an originally status-based social system to a more developed contract-based society. A second type of approach – functionalist – is also adopted through the essay, with the purpose of providing additional information to the study, thus enabling the comparison of results – and, therefore, conclusions. The idea of capitalism as an ideal economic role model is also put into perspective, in order to demonstrate that its existence is far from being a recent historical phenomenon. Finally, the present study promotes an essential dialogue between different areas of human scientific knowledge, without which the present exhibition would lack the analytical tools that are necessary to elucidate the subject