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Chapter 12 - Voluntary enslavement

Published online by Cambridge University Press:  05 February 2013

Christian Coons
Affiliation:
Bowling Green State University, Ohio
Michael Weber
Affiliation:
Bowling Green State University, Ohio
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Summary

For a man, not having the power of his own life, cannot by compact or his own consent enslave himself to any one, nor put himself under the absolute, arbitrary power of another to take away his life when he pleases . . .

I confess, we find among the Jews, as well as other nations, that men did sell themselves; but it is plain this was only to drudgery, not to slavery; for it is evident the person sold was not under an absolute, arbitrary, despotical power, for the master could not have power to kill him at any time, whom at a certain time he was obliged to let go free out of his service; and the master of such a servant was so far from having an arbitrary power over his life that he could not at pleasure so much as maim him, but the loss of an eye or tooth set him free (Exod. xxi).

In this and most other civilized countries, for example, an engagement by which a person should sell himself, or allow himself to be sold, as a slave, would be null and void; neither enforced by law nor by opinion. The ground for thus limiting his power of voluntarily disposing of his own lot in life, is apparent, and is very clearly seen in this extreme case.

Because a man’s ownership over himself is inalienable, he cannot, on the unhampered market, be compelled to continue an arrangement whereby he submits his will to the orders of another, even though he might have agreed to this arrangement previously . . . In other words, he cannot make enforceable contracts binding his future personal actions . . . This also applies to marriage contracts.

The comparable question about an individual is whether a free system will allow him to sell himself into slavery. I believe that it would.

Type
Chapter
Information
Paternalism
Theory and Practice
, pp. 231 - 246
Publisher: Cambridge University Press
Print publication year: 2013

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