Translatio versus Concessio
Retrieving the Debate about Contracts of Alienation with an Application to Today’s Employment Contract
Bibliographic Data
| ID | 2317121 |
|---|---|
| Authors | David Ellerman (0000-0002-5718-618X, Economics Department of the University of California, Riverside, corresponding author) |
| Year | 2005 |
| Volume | 33 |
| Issue | 3 |
| Pages | 449-480 |
| Publication date | 2005-09-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Latin American Politics and Society (JOURNAL) |
| Journal identifiers | ISSN: 1531-426X • E-ISSN: 1548-2456 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0032329205278463 |
| OpenAlex | W2767290769 |
| Language | EN |
| Citations received | 7 |
| References cited | 1 |
Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate (translatio) aspects of personhood were invalid-which made the underlying rights inalienable. Once understood, those arguments apply as well to today's self-rental contract, the employer-employee contract
Autocracy · Coercion (linguistics · Democracy · Economics · Employment contract · Law and economics · Liberalism · Personhood · Political science · Politics · Social contract · Sociology · Law · Philosophy · Political Economy and Marxism
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| Citations per year | 0.44 |
|---|---|
| Citation span | 2010 - 2016 (7) |
| Highly cited | No |