Contract Love (Part 2)

Post-Calvin, I’ve come across no references to love (or affection) as the motive of contract (among the Reformed, that is).  Subsequent Reformed theology excoriated much of what would pass today as within the bounds of “reasonable commercial standards of fair dealing.”  See, e.g., Westminster Larger Catechism Q.&A. 141 and Q.&A. 142 (1645) and Francis Turretin’s Institutes of Elenctic Theology 11.19.4 (1687).  See also William Ames’s Conscience With the Power and Cases Thereof (1639) and Charles Hodge’s Systematic Theology 436 (1872).  Realizing that of all these writers that only Calvin was trained as a lawyer makes his emphasis on love as the aim of contracting all the more interesting.

In any event, what could be the relationship of love and contracts?

A thought experiment: What would have motivated an unfallen humanity to work cooperatively to fulfill the dominion mandate of Genesis 1:26-28?  General neediness?  (“I need to eat, therefore I will gladly [contract to] pay you Tuesday for a hamburger today.“)  Fear of loss?  (“I might run out of shampoo, therefore I will contract for a thousand years supply.”)  Desire to increase efficiency?  (“I could raise everything that I require but I’ll exercise my comparative advantage and grow only tobacco and contract to get whatever else I need.”)  Wealth-maximization? (R. Posner: “Man is a wealth-maximizing animal.”)

The suggestions refute themselves.  In a sinless world we would not be motivated by need, fear, or avarice.  Love suggests that we would desire (Yes, desire; even without sin we would still have desire (and strongly desire)) the good of the other.  We are called to love God who has no needs because it is good to love God.  In a sinless world we would also love others not because they are needy (although as creatures they would have needs) but because it would be (and is) good--good for them and for us.

Ultimately, neither efficiency nor autonomy nor even commutative justice should motivate contracts.  Instead, “sincere affection” should be the engine.