International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique

, Volume 20, Issue 2, pp 129–158

The Linguistic Turn of Social Contract Theory: Ernst Cassirer and the Conditions for the Possibility of a Promise

Article

DOI: 10.1007/s11196-006-9039-4

Cite this article as:
Coskun, D. Int J Semiot Law (2007) 20: 129. doi:10.1007/s11196-006-9039-4

Abstract

In this paper, we explore Cassirer’s view of social contract theory. We maintain that Cassirer has established a linguistic turn of social contract theory, by exploring the conditions for the possibility of a promise. For that purpose Cassirer’s theory of the linguistic sign, as inspired by the linguistic theory of Wilhelm von Humboldt, becomes decisive, because of its specific nature and direction into the future. First, in Section 1, we explore previous social contract theorists, from Nicholas von Cusa to Immanuel Kant. In Section 1, as a result, we establish the concept of the promise as the core concept of social contract theory, and as the fundamental philosophical problem conveyed by the natural lawyers. Moreover, in Section 2, we investigate the conditions for the possibility of a promise, and relate it to the symbolic nature of the human being. The promise, hence the capacity to enter into a contract, becomes a characteristically human activity, hence an expression of human dignity.

Copyright information

© Springer Science+Business Media B.V. 2006

Authors and Affiliations

  1. 1.New York University School of LawNew YorkUSA