To answer the “best case” voluntary-contractarian arguments for slavery and autocracy, the democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to legally alienate aspects of personhood were invalid “even with consent”—which made the underlying rights inherently inalienable. Once understood, those arguments have the perhaps “unintended consequence” of ruling out today’s self-rental contract, the employer-employee contract.
On the Renting of Persons: The Neo-Abolitionist Case Against Today’s Peculiar Institution
March 24, 2015 by
Inalienable Rights: Part III A Litmus Test for Liberalism
March 22, 2011 by
Surely it is not too much to ask a modern liberal theory of justice that it provide a coherent account of why some contracts, e.g., self-sale contract, should be deemed invalid and why the rights such contracts would legally alienate are inalienable. In that sense, the theory of inalienable rights provides a historical litmus test for liberalism.