From Birth to Death: Is Every Human Bound by Contracts?

Abstract

This article examines whether any human can truly live “without contracts” – legally, socially and philosophically. We argue that modern life is pervasively contractual, from birth (citizenship, family law) to death (wills, inheritance), and even in “voluntary” relations (employment, service terms, digital T&Cs). We distinguish the narrow legal sense of a contract (an agreement enforceable by law) from a broader socio-legal sense (any binding obligation or “terms of service” imposed by society or technology). Drawing on classic jurisprudence (Locke, Hobbes, Rousseau, Kant, Mill, Nozick, Rawls) and Sir Henry Maine’s famous “status to contract” thesis, we trace how status-based ties (feudal obligations, caste, guardianship) gave way to voluntary contracts. Yet in the 21st century many new “status” constraints reemerge (tax obligations, citizenship duties, platform T&Cs). Doctrinally, Indian law already
voids contracts that undermine personal liberty – e.g. any contract against public policy or forcing lifelong servitude (Article 23 prohibits human trafficking, forced labour and begar). The Specific Relief Act bars enforcement of personal service contracts. We compare India’s approach with the UK (Somersett’s Case (1772) and Slavery Abolition Act 1833), the US (13th Amendment) and the EU (Charter Art.5). In practice, no jurisdiction permits an unqualified surrender of fundamental liberty. In the digital age, clickwrap T&Cs have made nearly every action contract-bound (97% of U.S. adults have been asked to agree to online privacy T&Cs). Finally, we consider counter-arguments from autonomy and freedom of contract. We conclude that while personal autonomy is crucial, law must forbid absolute self-enslavement; we suggest clarifying that fundamental rights cannot be waived by contract and imposing fairness constraints on “lifetime” or adhesive agreements.