The Psychological Grounding of the Guiding Principles of the Contract: A Comparative Study

Abstract

The principles of the contract are binding legal norms that enable the legislator to steer the substance of the contract in the direction of the legislator's preferred end goal for the contract. Given the guidelines' malleable formulation, which allows for the accommodation of emerging facts, this enactment not only expresses the philosophy adopted by the legislator in organizing the contract but is also regarded as one of the best effective solutions to confront the major problem represented by how to agree between the immutability of the law and the movement and renewal of facts. All human concepts, including the principles upon which the contract is based, have the trait of being relative facts that vary concerning time, location, and the nature of the mind that generates them. As a result, the contract's guiding principles are widely regarded as one of the most contentious problems that consumed legal thinking, both in terms of what those principles should include and how widely the concept of adopting them was embraced in the legislature. This research makes an effort to trace the origins of the contract's guiding principles to its intellectual underpinnings.