Abstract

We style ourselves as liberal polities and law purports to sustain liberal values. It does not claim to maintain and perpetuate capitalist goals as such. Yet, its adherence to the sacrosanct nature of private property, individualism and freedom to contract allow it do just that. To further this unmentioned objective, law is twisted and bent to ignore the supposed right of workers as individuals to be autonomous decision-makers. The indefensible assumptions made give capitalists coercive powers that inhibit the working class from achieving economic and political autonomy. The owners of the means of production are given political and economic privileges by a legal system that pretends to serve the liberal project. The contradiction between liberal law and its capitalist orientation is plain, leading to occasional and always transitory reforms. This is illustrated by this overview of the legal mechanism of adjustment devised by supposedly liberal law to regulate capital/labour conflicts.

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