This is a preprint of: Ellerman, David. 2025. “The Historical and Modern Arguments Against Contractual Slavery.” In The Palgrave Handbook of Modern Slavery, edited by Maria Krambia Kapardis, Colin Clark, Ajwang Warria, and Michel Dion. Palgrave Macmillan. https://doi.org/10.1007/978-3-031-58614-9_9.
Classical Liberalism and the Abolition of Certain Voluntary Contracts
May 19, 2025 by
This paper analyzes three contracts and shows that there is indeed a deeper democratic or Enlightenment classical liberal tradition of jurisprudence that rules out those contracts. The ‘problem’ is that the same principles imply the abolition of the employment contract, the contract for renting human beings, which is the foundation for the economic system that is often (but superficially) identified with classical liberalism itself. Frank Knight is taken throughout as the exemplary advocate of the economics of conventional classical liberalism.
Historical and Modern Arguments about Contractual Slavery
November 28, 2024 by
The overall conclusion is that any institution or practice—human trafficking is a modern case in point—that, in effect, treats a person as a non-person, as only a means instead of as an end-in-themselves, violates their inalienable rights and is illegitimate, even with consent.
The Libertarian Case for Slavery (A Spoof on Nozick)
June 1, 2024 by
This is Chapter 3 from my book: Ellerman, David. 1995. Intellectual Trespassing as a Way of Life: Essays in Philosophy, Economics, and Mathematics. Lanham MD: Rowman & Littlefield.
Liberalism is living a lie. It pretends that the contract to sell all of one’s labor, the self-enslavement contract, is an invalid contract beyond the pale while the contract to sell one’s labor piecemeal (by the hour, day, month, or year) is a perfectly valid contract above reproach. The self-enslavement contract is one of the skeletons in liberalism’s intellectual closet. Defenders of liberal capitalism are quick to accept even the most superficial arguments against voluntary slavery just to shove the issue back in the closet—just so long as the arguments do not carry over to the current contract to rent oneself out, the employer-employee contract. Who wants to be seen as, in effect, defending voluntary slavery by showing how most arguments against the self-sale contract are baseless (aside from one “J. Philmore”)?
Source-paper on theory of inalienability
August 12, 2018 by
This paper is only a collection of likenesses and representative quotations from thinkers about inalienability and inalienable rights starting from Antiquity down to the present.
Review-Essay on Elizabeth Anderson’s “Private Government” book
October 23, 2017 by
In her recent book Private Government [2017], Elizabeth Anderson makes a powerful but pragmatic case against the abuses experienced by employees in conventional corporations. The purpose of this review-essay is to contrast Anderson’s pragmatic critique of many abuses in the employment relation with a principled critique of the employment relationship itself.
Listen Libertarians! A Review of John Tomasi’s “Free Market Fairness”
September 18, 2017 by
John Tomasi’s 2012 book, Free Market Fairness, has been well received. On the dust jacket, Tyler Cowen proclaims it “one of the very best philosophical treatments of libertarian thought, ever” and Deirdre McCloskey calls it a “long and friendly conversation between Friedrich Hayek and John Rawls — a conversation which, astonishingly, reaches agreement.”
Inalienable Rights: A Litmus Test for Liberal Theories of Justice
December 12, 2012 by
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.
Austrian capital theory and bourgeois paternalism
July 9, 2012 by
As pointed out by Lenore Ealy in her recent blog, there is an interesting connection between a couple of articles in the July 10, 2012 issue of The Freeman. One article by Peter Lewin was a critique of Keynesian stimulus/job creation programs from the viewpoint of Austrian capital theory. The creation of capital and enterprises is a roundabout time-consuming process, and cannot be a quick response to a government stimulus program. The other article by Sandy Ikeda makes a similar point with respect to the bourgeois paternalism of government programs to remake troubled communities since “no government can create what can only emerge spontaneously. That includes genuine communities, warts and all, instead of unsustainable projects and ‘Disneyland neighborhoods.’”