Vattel’s Theory of the Social Contract

The chapter focusses on Vattel’s theory of the social contract, the ‘very act of association’, which is a pivotal concept in the Swiss author’s work. However, Vattel does not devote a chapter or even a paragraph to the theory of the contract, nor does he claim any originality on the subject. This reticence is surprising given the space devoted to it by other authors in the contractarian tradition, such as Grotius, Hobbes, Locke, Pufendorf and Burlamaqui. Scholars confirm this lack of originality, arguing that Vattel merely echoes the contractarian theories of Pufendorf and Wolff. In this chapter, I offer a new reading of Vattel's contract theory, not so much to test its originality or coherence, but to better understand its conceptual logic and function within Vattel's system of public and international law. To this end, I begin by recalling Vattel's intense engagement with Christian Wolff and the way in which he developed an original doctrine of the law of nations. I then provide a conceptual analysis of the Swiss author's theory of contract, showing how it is closely intertwined with his understanding of complex historical contexts, especially the Principality of Neuchâtel. I then illustrate how the conceptual tool of the contract functions within the deductive system of the work, paying particular attention to the question of the status of women, sexual relations and marriage. The final remarks are devoted to a comparison between Rousseau's theory and that of Vattel.