도덕적 계약법이론의 기원에 대한 고찰 - 생시몽과 뒤르케임의 사회주의론을 중심으로 -

Durkheim defines ‘the socialist’ as every doctrine which demands the connection of all or certain economic functions among them, which are diffuse to the directing and conscious centers of society. He regarded Saint-Simon’s doctrine as the origin of socialism in that Saint-Simon insisted that the economic life was politics itself. And he examinated critically the Saint-Simon’s solutions of industrialism and morality (religion), then formulated his socialist theory. For Durkheim, the economy is indivisible from a society, the morality derive from the society. Durkheim's conception of socialism embodied in his theory of contract law. His theory of contract law suggests the new principles, which are the conditions for the development of division of labor that is necessary for forming organic solidarity. In other words, it makes request for an active role of contract law, so as not to disturb the harmony of society. I call it Durkheim’s theory of moral contract law. Durkheim insists on change in the rights of property by the abolition of the inheritance system. Ultimately, he progress toward the goal of realizing equality, which denies even all inherent advantages or psychological abilities that given genetically. In this context, Durkheim is clearly both a reformer and a socialist. Also his theory of moral contract law is ‘socialist’.