- That slaves personify masters---is that pre-contractual, or a consequence of the contract made between master as slave-purchaser and slave-seller? (By pre-contractual, I mean does it result from something other than the contract; I don't mean to suggest it's already operative prior to the slave purchase, since no ownership would exist yet.)
- The slave enjoys an advantage of directness (family-member-like, unlike strangers). Is this a species of the idea that a man is head of household, the "representative" of the woman and the children?
- Slaves complicate the legal philosopher's task of inventorying the short list of legal concepts---let's include three to start with: the concept of the author of an action, the concept of property, and the concept of contract. Slaves muddy all of these.
12 February 2014
Holmes on agency and contract 1891 3
Questions raised by the slaves acting ex persona domini principle:
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