ABSTRACT

Dooyeweerd did not elucidate a Christian contract law, but he offers a compelling foundation for that project. That foundation combines several images: (i) a pluralistic society with Christian influences in the form of policies for everyone, (ii) no expectation that contemporary laws are found in the Scriptures, (iii) a method of looking at data and theorizing about law under the influence of inevitable beliefs, and (iv) a balance between individualistic freedom and public law interests. In considering whether the government can restrict the sale of flavored cigars, Dooyeweerd would likely balk at the loss of individual freedom, but out of Christian love, he might argue that the health risks to children should outweigh that freedom. Significantly, someone without Dooyeweerd’s faith could accept those same four images above, even agreeing with Dooyeweerd’s analysis of the flavored cigar prohibition—balancing individual rights, freedom of association, and a protective state for all citizens.