Tuesday, October 16, 2007

_Contract_ is the mutual transferring of right, and with this idea he



connects a great deal
_Contract_ is the mutual transferring of right, and with this idea he
connects a great deal. First, he distinguishes transference of right to
a thing, and transference of the thing itself. A contract fulfilled by
one party, but left on trust to be fulfilled by the other, is called
the _Covenant_ of this other, (a distinction he afterwards drops), and
leaves room for the keeping or violation of faith. To contract he
opposes _gift, free-gift_, or _grace_, where there is no mutual
transference of right, but one party transfers in the hope of gaining
friendship or service from another, or the reputation of charity and
magnanimity, or deliverance from the merited pain of compassion, or
reward in heaven.