契约论又称社会契约论,是西方政治思想史上影响最为广泛的政治学说之一。契约论的思想萌芽最早出现于古希腊智者派的有关论述,之后伊壁鸠鲁学派和斯多葛派又分别从人的特殊性和普遍性两个方面提出并论证了契约论。古希腊智者派的学者们从自然与法律关系的角度,认为国家和法律并非神意,也不是来自宇宙的自然秩序,而是人类为了某种需要和目的,用契约方式建立起来的。对契约的作用,智者派学者们观点各异甚至完全对立,普罗泰哥拉倾向于肯定契约的作用,安提丰等则对契约及其产物-人为法律基本上采取否定的态度。尽管智者派率先提出了契约论,但对于社会契约形成的论证尚不充分,尤其对其作用的表述不够明确。 Contract theory, also known as social contract theory, is one of the most influential political theories in the history of western political thoughts. The sprout of contractual theory first appeared in the related discussion of the ancient Greek wise school, and then Epicurus and Stoicism proposed and contrasted the contractual theory respectively from the two aspects of man’s particularity and universality. From the perspective of the relationship between nature and law, the scholars of the ancient Greek wise school think that the state and the law are not divine, nor come from the natural order of the universe, but rather are established by contractual means for certain needs and purposes. The role of the contract, the scholar sent scholars with different points of view or even completely opposite, Protagoras tend to affirm the role of the contract, Antigua and so on the contract and its product - human law basically take a negative attitude. Although the Wise School first put forward the contract theory, the argument about the formation of social contract is not sufficient, especially the expression of its role is not clear enough.