In response to my comment

OK, let me back up and state that aside more carefully.  Specifically what
motivated this thread was Walt's question re Marx's argument in Capital V.
I Ch 6:  why is it necessarily the case that capitalists purchase (merely)
labor power, the capacity to work, rather than contracting for specific
labor services?

Charles B writes:

: Because it is a sleight of hand in order to extract surplus value, it's
the "secret" of surplus value extraction.

Assuming that such a "sleight of hand" is necessary in the first place, I
don't see why it isn't still present.  Capitalists could insist that
they're paying what the labor services are worth.  Paying for specific
labor services, no less than paying for labor power, conceals the division
between paid and unpaid labor.  But anyway, although I know Marx argues
this, I don't see that any such "sleight of hand" is really necessary to
keep workers generating surplus value.

Then where I write

  My response was that this was a legitimate question,
especially given the empirical reality that capitalists *do* often contract
for specific labor services, going back to the putting-out system.

CB: Yes, but somehow I'm sure that even with piece-work, the capitalists
gets some surplus labor. The sub-contractor has workers working by the
hour. Both the subcontractor
and the general contractor dip into the surplus pool.

Yes, exactly, that's what I mean to say: it is not necessary for the
existence of capitalist exploitation that capitalists purchase (only) the
capacity to work.  The sense of my reply to Walt is that the *form* of the
transaction between capital and labor need not matter for the appropriation
of surplus value.

  And, to
take the point a step further, they also appropriate surplus value by
providing loans at interest to, e.g., worker-owned firms [a case Marx
acknowledges in his treatment of "cooperative factories" in V. III].

^^^^
CB: This is the one to expose the secret of today, with finance dominance.

I think I agree...

Finally, where I say

So if capitalists *can* sometimes contract directly for the labor services
they seek, why do they typically not do this, opting instead for the more
indirect and costly route of purchasing simply labor power, and then
overseeing its exercise in the context of capitalist production?

CB writes: Because this is the "secret" of extracting surplus value, that
is doing
it in this way is what Marx exposed. He was not making it up. He was
describing the game that the capitalists typically, as you say, play,
piece-work aside.

That last phrase, "piece work aside" is a pretty major caveat, insofar as
piece rates were the dominant form of compensation for industrial workers
until early in the 20th century.  So if they constituted an exception to
Marx's story, it was a pretty major exception.  However, I don't think they
did:  that is, I don't think that piece-rate workers, any more or less than
wage workers, were apt to say "Ahah!  the labor embodied in the commodities
my compensation can afford is less than the labor I perform for the Man, so
I'm being exploited!"  If that's right, then capitalists have some other
reason for the "game they play" in hiring [simply] labor power and
subsuming it in capitalist-controlled production.  For details, if
interested, see my reply to Michael Lebowitz, which may show up any minute
now....




^^^




  I
suggested that in those cases contractual incompleteness was a sufficient
hindrance to preclude using simple contractual means to attain the desired
labor outcomes.  A corollary of this observation is that, hypothetically,
if there were no contracting difficulties, purchasing labor power and
subsuming it in capitalist-controlled production would be
unnecessary.

^^^^^
CB: From the legal standpoint, a problem with contractual concepts here is
that there is unequal bargaining power, in general, between workers and
capitalists. It's not exactly a true contract for that reason. Although I
haven't thought through how that might impact what the economists are
concerned about in contract imperfection.
No contract can provide for all contingencies ahead of time.

^^^^


 However, obviously, it's not necessary assume that there are
no contracting frictions in the empirical cases where capitalists do
contract for labor services or make loans at interest to value producers.

In other words, "no contracting failures" is just a theoretical benchmark,
used as a tool for distinguishing what causes what in economic terms (as in
my response to Walt when I noted that there were two economically distinct
aspects to Marx's distinction between labor and labor power, one having to
do with the *form* of capital/labor exchange and the other having to do
with the systemic basis for surplus value).  And as I've suggested in my
previous post, as such it is no more "absurd" than theoretical benchmarks
posited in Marxian analysis, and to the contrary it is arguably more often
relevant to real-world phenomena. More about that in a moment.

>Making that kind of assumption must reflect a
>total ignorance of contract law.  I'm pretty ignorant of that law, but
>I know that perfect contracts cannot exist (in the real world, that
>is, not in the imaginary world of Walras or Debreu or Roemer).

I'm no expert in contract law either, but I know a little about the
differences between employment law and the law governing commercial
contracts, and these speak to a narrower sense of contractual
imperfections: that is, imperfections with specific *economic* consequences
such as "authority relations" and firm-level structures of supervision,
governance, and ownership.
In other words, it's apparently the case that "sufficiently perfect"
contracts governing capital/labor transactions can exist, even if "perfect
contracts" in the more general sense cannot.

^^^^^^
CB: I have some expertise beyond average in contract law,  and some actual
practice with employment contracts. I have to think through further how
employment contractual relations impacts Walt's questions about labor power
as distinguished from labor.

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