Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

Mark Reiff’s book In the Name of Liberty: The Argument for Universal Unionization successfully delivers the promise contained in the title—the case for a version of liberal capitalism where every worker would belong to a union. The argument, based on the greater freedom unions bring to workers, clearly seeks an overlapping consensus, for virtually all major contemporary political philosophies defend freedom. The book especially tries to be appealing to right-libertarians. This review will argue, however, that Reiff takes the ‘liberty’ in (...) ‘libertarianism’ way too seriously. Right-libertarians do not defend liberty; they defend property rights. Reiff’s argument will certainly be convincing to anyone who believes liberty is the main currency of justice. The problem is precisely that not everyone believes that. (shrink)

The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...) historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

In this commentary on Darrel Moellendorf’s Mobilizing Hope: Climate Change & Global Poverty (Oxford: Oxford University Press, 2022), I discuss his use of the precautionary principle, whether his hope for climate-friendly ‘green growth’ is realistic given the tendency for inequality to accelerate as it gets higher, and what I call his assumption of a liberal baseline. That is, I worry that the audience to whom the book is addressed are those who already accept the environmental and economic values to which (...) Moellendorf appeals, while those who are blocking effective action on climate change in fact reject those values and are therefore unlikely to be moved by the arguments the book presents. (shrink)

The paper explores a general framework for thinking about the idea of the just price. The approach is grounded in a basic aspect of the nature of exchange, namely, that the latter usually occurs when both parties believe they will be better off as a result. Put differently, an exchange is normally performed because both parties stand to gain something from it. The distributive question that arises from this observation is how one ought to divide such gains. The connection with (...) the idea of the just price is not necessarily an obvious one, yet it is relatively straightforward. Assuming that an exchange involves money, the price at which two agents transact will correspond to a specific division of the gains from the transaction. Conversely, any specification of a fair division of the gains from exchange individuates a specific price as the just or fair price. The paper analyzes the main features of this approach to the determination of the just price, explains one of its main virtues, defends it against an alleged weakness and criticizes as inadequate two of its traditional interpretations. The upshot of the discussion is that while the idea that the just price of a transaction depends on how the latter divides the gains from exchange does not suffer from general flaws and is in fact characterized by an important good making feature, the two principal ways in which it has been deployed are implausible. (shrink)

In this essay I critically engage with Mathias Risse and Gabriel Wollner’s book On Trade Justice: A Philosophical Plea for a New Global Deal. I sketch their general view of the concept of exploitation and of trade exploitation more specifically. I then suggest that, contra Risse and Wollner, exploitation belongs to non-ideal theory. In addition, I argue that Risse and Wollner have not shown that the WTO is exploitative, and argue that their account of fair wages suffers from a number (...) of weaknesses both on the cost and contribution sides. (shrink)

We consider a case where consumers are faced with a choice between sweatshop-produced clothing and identical clothing produced in high-income countries. We argue that it is morally better for consumers to purchase clothing produced in sweatshops and then to compensate sweatshop workers for the difference between their actual wage and a fair wage than it is for them either to purchase the sweatshop clothing without this compensatory transfer or to purchase clothing produced in high-income countries.

In this thesis I present a rights-based theory of exploitation. I argue that successful conceptions of exploitation should begin with the ordinary language claim that exploitation involves `taking unfair advantage'. Consequently, they must combine an account of what it means to take advantage of another with an account of when transactions are unfair. Existing conceptions of exploitation fail to provide adequate accounts of both aspects of exploitation. -/- Hillel Steiner and John Roemer provide convincing accounts of the unfairness involved in (...) exploitation, but because they fail to provide restrictive `advantage taking' conditions, their theories of exploitation include cases that we would not ordinarily describe as exploitations. Ruth Sample and Robert Goodin provide accounts that place a stronger emphasis on the attitudes involved in exploitation and the processes that bring it about. Unfortunately, these theories do not properly incorporate the unfairness aspect of exploitation. Consequently, they are either self-frustrating or incomplete. -/- I provide a conception of exploitation that combines both aspects. I claim that a bilateral, strictly Pareto improving, and voluntary transaction t between A and B is exploitative just in case (1) there exists an unrectified property rights violation at some point in the history of exchanges leading to t that (2) reduces B's bargaining power by altering her status quo point, and (3) the degree to which B's preferences are satisfied in t is less than it would be had B's bargaining power not been reduced (by the alteration of her status quo point). Further, (4a) A's egoistic preferences are better satisfied in t because B's bargaining power is limited, and (4b) if the previous conditions also hold for A, then the reduction in A's bargaining power is less than the reduction in B's bargaining power. Finally, (5) A truly believes the previous conditions hold. (shrink)

For years now, public education, and especially public higher education has been under attack. Funding has been drastically reduced, fees increased, and the seemingly irresistible political force of ever-tightening austerity budgets threatens to cut it even more. But I am not going to take the standard line that government financial support for public higher education should be increased. I view that battle as already lost. What I am going to propose is that we stop arguing about the allocation or reallocation (...) of ever more scarce public resources and think of another way to fund public higher education. It's time for a new approach, one that satisfies the left's claim that higher education should be affordable for all, yet one that does not involve increasing expenditure of public funds or commit the government to entitlement programs that it cannot now or at least cannot long afford. What we need is a new proposal that is acceptable to both sides if we are to bring public education into the twenty-first century. And this is what this paper is devoted to providing. (shrink)

The purpose of this report is an appraisal of the gig economy; educating and informing an academic audience of the faults that exist and how these faults lead to exploitation and unjustness in the gig economy. During the writing process, I researched the academic articles and books related to the gig economy and exploitation, enabling myself to form a solid foundation from which to conduct further research. In addition, work was conducted to synthesize the journal articles, online resources and books. (...) The scope of this report examines the corpus of the text relating to the gig economy and exploitation and I emphasize some of the ways the writers manage to display the exploitation and the unjustness in the gig economy. (shrink)