Inalienable Rights: A Litmus Test for Liberal Theories of Justice

@article{Ellerman2010InalienableRA,
  title={Inalienable Rights: A Litmus Test for Liberal Theories of Justice},
  author={David P. Ellerman},
  journal={Law and Philosophy},
  year={2010},
  volume={29},
  pages={571-599}
}
  • D. Ellerman
  • Published 24 April 2010
  • Law
  • Law and Philosophy
Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery… 

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References

SHOWING 1-10 OF 41 REFERENCES

A Theory of Justice

  • J. Rawls
  • Law
    Princeton Readings in Political Thought
  • 1971
John Rawls is Professor Emeritus at Harvard University. He is the author of the well-known and path breaking A Theory of Justice (Harvard, 1971) and the more recent work Political Liberalism

On the Old Saw: That May be Right in Theory But It Won't Work in Practice

In this famous essay, first published in 1793, Kant considers the alleged conflict between theory and practice in the conduct of human affairs in three widening contexts: those of the common person

The Sexual Contract

In this remarkably original work of political philosophy, one of today's foremost feminist theorist challenges the way contemporary society functions by questioning the standard interpretation of an

The Rights of War and Peace

Since the nineteenth century, Hugo Grotius' "Rights of War and Peace" has commonly been seen as the classic work in modern public international law, laying the foundation for a universal code of law.

The Social Contract and The Discourses

THE SOCIAL CONTRACT is one of three most influential treatises ever written (the others being PLato's REPUBLIC and Marx's DAS KAPITAL) Of the three it is safe to say that only THE SOCIAL CONTRACT is

The whole duty of man according to the law of nature

This new scholarly edition of Samuel Pufendorf's seminal The Whole Duty of Man According to the Law of Nature is among the first to suggest a purely conventional basis for natural law. Pufendorf

The Foundations of Modern Political Thought

Part I. Absolutism and the Lutheran Reformation: 1. The principles of Lutheranism 2. The forerunners of Lutheranism 3. The spread of Lutheranism Part II. Constitutionalism and the Counter

A Revolution of the Mind: Radical Enlightenment and the Intellectual Origins of Modern Democracy

Democracy, free thought and expression, religious tolerance, individual liberty, political self-determination of peoples, sexual and racial equality--these values have firmly entered the mainstream

Capitalism and Freedom.

Selected by the Times Literary Supplement as one of the "hundred most influential books since the war" How can we benefit from the promise of government while avoiding the threat it poses to

The Myth of the State

A great contemporary German philosopher attacks the explosive problem of political myth in our day. In this final work Ernst Cassirer shows how the irrational forces symbolized by myth and