Contract Theory, Freedom and Social Determinism: The Incompatibilist Position

Abstract

Rengifo proposes to demonstrate that the historical social changes produced in the last century have deeply affected the traditional notion of contract. The existence of general conditions of contracting and the appearance of the contractual situations of fact, they have cut away seriously the contractual freedoms of conclusion and configuration. In effect, the teacher Martin Hevia has proposed a new theory of the contract been founded on the theory of John Rawls’s justice. It is a question of finishing an incomplete task since Rawls only dealt with the justice in the frame of the constitutional basic structure. To fill this emptiness he resorts to the Kantian philosophy of the right, which according to Rengifo, makes it incur a deep inconsistency.