ABSTRACT This article revisits social contract theory through a dialogue between Jule Goikoetxea Mentxaka and Antoni Abat i Ninet, questioning whether classical and contemporary contractarianism can account for structural forms of domination that precede and shape consent. Drawing on feminist, Marxist, decolonial and materialist critiques, it challenges the liberal opposition between rational consent and coercion. Using concepts such as social control, symbolic violence, social reproduction and the sexual and colonial contracts, the article shows how gendered, racialised and class‐based power relations condition legal and political obligations beyond the autonomous individual. From a jurisprudential and EU constitutional law perspective, it explores whether an explicit EU social contract could confront, rather than reproduce, these dynamics. The article argues that deliberation structured as critique and counter‐critique may provide a more inclusive, transparent and democratically legitimate foundation for rethinking political association in the European Union.
Ninet et al. (Tue,) studied this question.