Traditional Culture Encyclopedia - Almanac inquiry - The significance of concluding a Covenant
The significance of concluding a Covenant
China's initial concept of covenant appeared in Xia Dynasty and prevailed in the Spring and Autumn Period and the Warring States Period. Most of its contents are mutual "agreements" between vassal States or agreements with gods when praying for blessings, which are mainly engraved on tortoise shells and jade articles or written on gold silks. The original concept of covenant in the West appeared in Genesis, and God made a covenant with Adam and Eve.
The first word "agreement" clearly appeared in Genesis. When the flood receded, God made an agreement with Noah and marked the land with a rainbow. This is the famous "rainbow agreement". Since then, God has repeatedly appeared in the Bible to emphasize his covenant with people and his observance of it. This can be said to be the bud of the western concept of "contract".
Western society has attached great importance to "contract" and "contract" so far, which is also influenced by the Bible. The spirit of contract is the mainstream spirit of western civilized society. The word "contract" comes from Latin, which originally means transaction, and its essence is a concept of freedom of contract.
The historical origin of the spirit of contract;
The spirit of contract has a long history in the west, which can be traced back to ancient Greece. Aristotle's thought had a far-reaching influence on the contract theory of later generations. Aristotle's exposition of justice in ethics contains rich contractual thoughts, and Aristotle put forward the concept of exchange justice. Exchange justice is the code of conduct for people to trade.
It is the basic principle of exchange justice not to harm others and benefit oneself, and the modern contract spirit originates from the theory of voluntary transaction. The principle of equal exchange and generosity theory, give property to the right object at the right time and in the right quantity and abide by the promise. Gaius, an ancient Roman jurist, divided debt into contract and private right.
On this basis, Thomas Aquinas put forward the division of paid contract and unpaid contract on the basis of this theory. Aquinas not only tried to explain that keeping promises is a virtue, but also explained when to keep promises. The reappearance of contractual justice and the principle of good faith in contemporary contract theory can be seen from the influence of Aristotle and Aquinas' contract theory.
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