‘신 사회계약론’이 유럽 사회에 주는 함의 - 루소의 『사회계약론』을 중심으로 -

The ‘New Social Contract Theories’, recently advocated in Europe, are related to individual freedom, welfare and the state(regime) that will protect and realize them, and especially when they call for a change in the state(regime), they can make a great impact not only on European society but also on the international community. However, in these arguments, the concept of social contract is defined in various ways, and the necessity and validity of renewing the social contract are not sufficiently presented. This article tried to examine the concept of social contract, its the necessity and the validity by focusing on Rousseau's Social Contract, then to present the ‘new social contract theories' and theirs implications for European society. As the results, this article showed: Rousseau's conception of the social contract is ‘an act of the general will’ as its essence, unlike Hobbes’ and Locke’s the mixture of appointing, consent and (Hobbes only) covenant. The necessity of the social contract rely on the fact that individuals (human race) must change their “maniere d’être” not to be perished at the “point” when “obstacle” hindering the individual’s power for self-preservation are prevalent. The validity of social contract can be judged on, and stem from three conditions of legitimacy – the formal condition of the “convention” of ‘all’, not the few, the content condition of “volonté général” to find a form of association that realizes common interests, equal freedom, and common power, and the administrative condition that assembly and government maintain in line with legitimacy by following their “règle d’administration.” In conclusion, this article derived and highlighted the implications of Social Contract for the ‘New Social Contract Theories’ and European society, from the latter two conditions.