Having been intrigued by the question, “Thinking of your own life, what types of relationships would you want to be regulated by a contract?” I immediately thought of the obvious: strictly professional relationships. Duh, any place of work needs a set contract in order to maintain order and efficiency within the business. But when my peers started answering with things like, “relationships, marriage, and families,” it surprised me.
First of all, what even is a contract? As defined by Hobbes in the Leviathan, contracts are “a mutual transferring of right.” He emphasizes that within the state of nature, everyone has the right to everything, except for the limited rights that the civil society creates. We all have natural contracts with each other, kind of like a give-and-take relationship. Does that mean everything is a social contract? When looking at the dictionary definition, Google says a contract is “a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law.” After reading that definition, my mind automatically goes towards employment and businesses, just like it says. So why have a contract within a relationship? A contract for a marriage too? Is a contract only a contract if it’s enforceable by law?