Yes. Functions that can be monitored by the private sector, and voluntarily followed.
Yes, and it is basically a fiction. Come now Bob, you are a lawyer. How enforceable is a "contract" that one can't sign? I suggest you read this short missive: https://store.mises.org/Myth-of-the-Social-Contract-Refuting-Common-Arguments-for-Government-Authority-P11268.aspx