Kabanets N. The normative concept of social contract.

This thesis work contains a complex analysis of historical, theoretical - legal and philosophical - legal basis of the normative character of the concept of social contract. In this work the concept of the contract theory is defined from the point of view of moral philosophy, and the analysis of its criticism in the continental legal tradition as well as the status of modern research in the Anglo-Saxon legal tradition is given, and thus, it gives the possibility to formulate the scientific problem as the subject-matter of the study. Together with considering the historical aspect of the study, the development of views on the concept of social contract and elements of its legal structure by various schools and trends of legal philosophy and jurisprudence is shown. Formation of legal composition of elements of a contract in this concept reflects its establishing as a normative one. When considering the theoretical - legal aspect of this study, the question of a specific character of the system approach in law as a science-specific method for elaboration of the contractual theory is covered. The content of modelling the pure legal system with the use of the concept of social contract in both dogmatic and critical legal philosophy is disclosed.