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Collected Papers of the Faculty of Law, University of Novi Sad

2018, vol. LII, No. 3, pp. 1047-1058

Language of the paper: Serbian

Original scientific paper

udk: 342.31“11/13“

doi: 10.5937/zrpfns52-19829

Authors:

 

Dragutin Avramović, Ph.D., Associate Professor

University of Novi Sad

Faculty of Law Novi Sad

d.avramovic@pf.uns.ac.rs

 

Ilija Jovanov, Assistant

University of Novi Sad

Faculty of Law Novi Sad

i.jovanov@pf.uns.ac.rs

Abstract:

Idea of rule based upon (social) contract is present in theory since ancient period until modern times. In this text the authors tend to reveal theory of social contract in a part of Middle Ages, pointing to certain thinkers who contributed to the theory of social contract in their works. They examine some basic elements of developed social contract theory in 18th century, particularly the issue of certain rights of the people to elect potentate (sovereign) and establish limited government. In the period when church has obtained particular role in social life, as well as in performing secular power, the attention was paid to relationship between spiritual and secular heads of the two competing social organizations. It is stressed that during the elapse of time they have started to look alike in terms of ruling technique. The authors conclude that in that period the word was rather about growth of social contract theory than about completed theory of ruling upon a social contract.

Keywords:

Social Contract; Limited Government; Church; The Sovereignty of the Monarch; Popular Sovereignty