Chapter II Functions and Objectives of Laws and Legislation Introduction The theory of Social Contract was originally authored by French intellectuals, most important of whom was Jean Jacques Rousseau, who viewed that social commitment and submission to the authority cannot be achieved by force. He believed that rule by force denies the overall idea of rights, and that social commitment cannot and should not be compared to a father’s authority over his sons1. Rousseau was concerned with the rule of the people in society, believing that people are the source of all power, and so they delegate part of these powers to a group of persons who represent and reflect the interests of the people in the different aspects of life. Modern democratic states adopted the principles of Rousseau with respect to human rights, human dignity and individuals’ rights to have control over their lives and less control of the family over the individual2. The wish to protect individuals’ rights and interests requires each individual to give up part of his or her freedom in return for all individuals having the right to enjoy a just and equal life. Following on that, the social contract was elaborated through laws regulating the relationship of individuals with one another and their relationship with the ruling authorities to ensure rules that are clear and binding to all sectors of the society on the basis of mutual respect and the principles of social justice and equality. With the above in mind, this chapter aims to highlight the function for which people resorted to drafting laws in general and penal laws in particular with a view to understanding the extent to which these functions are available in the legal context regulating the crime of incest. 1. The Concept of Law The term law means “a rule or rules entailing continuity, stability and order”3. This meaning applies to the systems which govern natural phenomena such as the rule of 1 Karam, 1957. History of Modern Philosophy, (Dar al-Maaref, Egypt), p.11. 2 Abrash, 1998. History of Political Thought from the Rule of Gods till the End of the Renaissance Era (Babil House for printing and publishing; 2nd edition), p.35. 3 al-Sadeh, Origins of Law, 1998. (Dar al-Nahda for printing, Publishing and distribution) p. 11. 15