This paper published in the European journal, Law and Philosophy, examines the intellectual history of inalienable rights theory, and critically examines the work of liberal philosophers of justice, John Rawls and Robert Nozick, from that perspective.
Introduction to Property Theory
December 12, 2012 by
This is yet another unpublished paper to introduce property theory to various audiences, particularly economists.
The Libertarian Case for Slavery: A Note on Nozick
December 12, 2012 by
This is a historically important paper, by one “J. Philmore,” arguing along with Robert Nozick from a free-market libertarian viewpoint that the self-sale contract and the current employment or self-rental contract are on the same moral footing.
Translatio versus Concessio: Retrieving the debate about contracts of alienation with an application to today’s employment contract
December 10, 2012 by
Liberal thought is based on the fundamental question of consent versus coercion. The autocracies and slavery systems of the past were based on coercion whereas today’s democracy in the political sphere and employment system in the economy are based on consent. This paper retrieves an almost forgotten contractarian tradition, dating from at least the Middle Ages, that based political autocracy and economic slavery on explicit or implicit voluntary contracts. Hence the democratic and antislavery movements had to hammer out arguments not simply in favor of consent and against coercion, but arguments based on the distinction between contracts to alienate (translatio) sovereignty versus contracts to only delegate (concessio) self-governance rights.
On Rawls and Nussbaum
December 8, 2012 by
This paper was delivered at a 2008 conference in Leuven on Martha Nussbaum’s book Frontiers of Justice. The paper was to be published in the conference proceedings, but somehow that never happened.
Employment Contract and Liberal Thought
November 17, 2012 by
This was the first of several papers that focused on the employment contract and inalienable rights, rather than on the labor theory of property.
Listen Libertarians! Part IV
June 19, 2012 by
In this Part IV, we consider the rather fake “inalienable rights” theory of classical liberal/libertarian thought that is consistent with a civilized voluntary slavery contract, a nondemocratic pact of subjection, and a coverture marriage contract, all of which are outlawed in the advanced democracies.
Listen Libertarians! Part I
June 14, 2012 by
This is Part I of a five part review of John Tomasi’s Hayek-Rawls remix in his new book: Free Market Fairness.
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.