Bauhaus-Universität Weimar

Titel:
Dictionary of philosophy and psychology including many of the principal conceptions of ethics, logics, aesthetics ... and giving a terminology in English, French, German and Italian, vol. 1 [a-laws]
Person:
Baldwin, James Mark
PURL:
https://digitalesammlungen.uni-weimar.de/viewer/image/lit29445/254/
CONTRACTILITY — CONTRADICTION 
all, or naturally calculated and by some of 
them intended, to alter the legal relations of 
all to each other; an agreement between two 
or more parties to do or not to do a certain 
thing (Sturges v. Crowninshield, 4 Wheaton’s 
U. S. Reports, 117). 
The act of agreeing is the contract ; the 
consequent change of relations expresses the 
obligation which proceeds from it. 
(2) A written document executed by the 
contracting parties, setting forth the terms of 
their agreement. 
In the Roman law there could be no con¬ 
tract without a consequent obligation. An 
obligation was of the essence of every contract. 
Agreements without an obligation, which 
would support an action, were styled con¬ 
ventions (conventio) or pacts (pactum, pactio). 
They might have a defensive force, in case of 
an action by one of the parties against the 
other. An agreement expressed with certain 
forms, or founded upon certain transactions, 
became a contractus. ‘ Sed cum nulla subest 
causa propter conventionem, hie constat non 
posse constitui obligationem. Igitur nuda 
pactio obligationem non parit, sed parit excep- 
tionem’ (Dig., ii. 14, de Pactis, 7, § 4). Our 
definition of contract corresponds to the Roman 
definition of a convention, and may be com¬ 
pared with Savigny’s definition of an agreement 
(Vertrag) as ‘the union of several persons in one 
concurrent declaration of will, whereby their 
legal relations are determined.’ In English and 
American law, while a contract not founded 
on a sufficient consideration, unless expressed 
in writing under seal, cannot support an action, 
it is none the less a contract. We recognize 
illegal contracts, and void contracts, as con¬ 
tracts (cf. Anson, Principles of Contract). Cf. 
Consideration. (s.e.b.) 
Contract involves not a mere promise (nudum 
pactum), but an obligation at law (obligatio). 
It involves a relation of free persons. To 
Roman law and to Kant, marriage was a con¬ 
tract, and to Hobbes and other philosophers 
the union of men in states or even societies 
is founded on contract. See Social Con¬ 
tract. Wherever there has been law there 
has been contract, but the present exactness 
of the notion of contract is due to Roman law 
(of nexum, later contractus). Scottish law and 
the Code Napoleon follow Roman law more 
closely than does the English. 
Literature : Savigny, Das neuere Römische 
Recht; Markby, Elements of Law; Maine, 
Ancient Law ; Mackenzie, Roman Law ; 
Justinian, Institutes, III. Tit. xiv., De Ob- 
ligationibus, treating of oblig. ex contractu, 
quasi ex contractu, ex maleficio, quasi ex 
maleficio—or express and implied contracts, in¬ 
tentional and unintentional injuries ; Holmes, 
Common Law, Lects. 7> 9- (j.b.-s.e.b.) 
Contractility (muscular) [Lat. con- + 
trahere, to draw together] : Ger. Contractions- 
fähigkeit) Fr. contractilité; Ital. contrattilità. 
The property or function of living tissues to 
react in some way when a proper stimulus 
is applied. See Vital Properties, and 
Muscle. (c.e.h.) 
Contraction (muscular) and Contrac¬ 
ture : Ger. Zusammenziehung, (more exactly) 
Verkürzung', Fr. contraction; Ital. contrazione. 
Action of a muscle by which its ends are 
brought closer together. Contracture is a 
condition in which the muscle fails to elongate 
normally after a contraction ; also called 
‘ contraction - remainder ’ (Hermann). See 
Muscle. (c.f.h.) 
Contradiction (law, principle, or axiom 
of, in logic) [Lat. contra + clicere, to speak] : 
Ger. Grundsatz des Widerspruchs’, Fr. prin¬ 
cipe de contradiction ; Ital. legge di contraddi- 
zione. The Principle of Contradiction is but 
the explicit statement of a simple condition 
under which thinking can claim to attain 
its end, truth ; or, negatively, without which 
thinking may not attain its end. To any 
assertion in which it is declared that some 
thought-content holds good, there is conceiv¬ 
able an opposed assertion, which does no more 
than declare that such thought-content does 
not hold good. Assertions so opposed are called 
technically Contradictories ; and the Principle 
of Contradiction only expresses in generalized 
fashion their relation to truth by the formula : 
Contradictory judgments cannot both be true. 
The simplicity of the condition to be expressed, 
and the variety of ways of approaching its 
determination, account for differences of formu¬ 
lation. See also Proposition. 
All discussions of the principle lead back¬ 
wards to the first formal and elaborate 
statement of it in Aristotle, whose method 
of treatment keeps wonderfully clear from 
both the strictly formal and subjective view 
and the ontological and objective. The best 
accounts of his view are in Prantl, Gesch. d. 
Logik, i. 119, 130 ff. ; Grote, Aristotle (2nd 
ed.), App. iii ; Maier, Die Syllogistik des 
Arist., Pt. I. (1896), 41-73. A full notion 
of the various ways in which it has been ex¬ 
pressed, with references to the main discussions 
concerning its scope, will be found in Ueber- 
weg’s Logik, § 77. On the difference between 
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