Book contents
- Frontmatter
- Contents
- Contributors
- Introduction Paternalism – Issues and trends
- Chapter 1 Defining paternalism
- Chapter 2 Penal paternalism
- Chapter 3 Self-sovereignty and paternalism
- Chapter 4 The right to autonomy and the justification of hard paternalism
- Chapter 5 Moral environmentalism
- Chapter 6 Kantian paternalism and suicide intervention
- Chapter 7 Paternalism and the principle of fairness
- Chapter 8 Paternalism in economics
- Chapter 9 Choice Architecture: A mechanism for improving decisions while preserving liberty?
- Chapter 10 A psychological defense of paternalism
- Chapter 11 Libertarian paternalism, utilitarianism, and justice
- Chapter 12 Voluntary enslavement
- Chapter 13 Paternalism, (school) choice, and opportunity
- Bibliography
- Index
Chapter 12 - Voluntary enslavement
Published online by Cambridge University Press: 05 February 2013
- Frontmatter
- Contents
- Contributors
- Introduction Paternalism – Issues and trends
- Chapter 1 Defining paternalism
- Chapter 2 Penal paternalism
- Chapter 3 Self-sovereignty and paternalism
- Chapter 4 The right to autonomy and the justification of hard paternalism
- Chapter 5 Moral environmentalism
- Chapter 6 Kantian paternalism and suicide intervention
- Chapter 7 Paternalism and the principle of fairness
- Chapter 8 Paternalism in economics
- Chapter 9 Choice Architecture: A mechanism for improving decisions while preserving liberty?
- Chapter 10 A psychological defense of paternalism
- Chapter 11 Libertarian paternalism, utilitarianism, and justice
- Chapter 12 Voluntary enslavement
- Chapter 13 Paternalism, (school) choice, and opportunity
- Bibliography
- Index
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.
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- PaternalismTheory and Practice, pp. 231 - 246Publisher: Cambridge University PressPrint publication year: 2013
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