Translatio versus Concessio: Retrieving the Debate about Contracts of Alienation with an Application to Today's Employment Contract Export

@article{citeulike:4463980, abstract = {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. 10.1177/0032329205278463}, author = {Ellerman, David}, citeulike-article-id = {4463980}, citeulike-linkout-0 = {http://dx.doi.org/10.1177/0032329205278463}, citeulike-linkout-1 = {http://pas.sagepub.com/cgi/content/abstract/33/3/449}, day = {1}, doi = {10.1177/0032329205278463}, journal = {Politics Society}, keywords = {alienation, employment\_contract, voluntary\_slavery, work\_contract}, month = {September}, number = {3}, pages = {449--480}, posted-at = {2009-05-05 12:37:53}, priority = {2}, title = {Translatio versus Concessio: Retrieving the Debate about Contracts of Alienation with an Application to Today's Employment Contract}, url = {http://dx.doi.org/10.1177/0032329205278463}, volume = {33}, year = {2005} }

TY - JOUR ID - citeulike:4463980 L3 - citeulike-article-id:4463980 N2 - 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. 10.1177/0032329205278463 IS - 3 JF - Politics Society EP - 480 TI - Translatio versus Concessio: Retrieving the Debate about Contracts of Alienation with an Application to Today's Employment Contract VL - 33 SP - 449 KW - alienation KW - employment_contract KW - voluntary_slavery KW - work_contract AU - Ellerman, David PY - 2005/09/01/ UR - http://dx.doi.org/10.1177/0032329205278463 ER -