Labor Rights

The brute force concern suggests that self-employment is favorable because being wage-employed entails following directives from an outside source. Gonzalez-Ricoy suggests that there are other instances where following an outside source is favorable, and thus, the brute force concern is no concern at all. In this article, I suggest there to be a difference between those outside directives that are favorable, and wage-employment directives from an employer.

Despite being a common phenomenon with significant consequences on our everyday life, strikes (and direct actions in general) are still relatively undertheorized in the philosophical literature. Our paper has a specific focus that is best encapsulated in a question: What is the relationship between liberalism and the right to strike? Liberalism’s cornerstone is the idea that rights and liberties of individuals are of supreme political importance. Rights and liberties, however, are not created equal. The basic liberties are those that are (...) so politically important that legal restrictions upon them are unjustified unless to protect other basic liberties within an overall scheme of liberties, such as under a bill of rights. So, our question becomes: Is the right to strike a basic liberty? Two ongoing disputes are relevant here. The ‘older’ debate concerns the status of economic liberties and their relation to the right to strike. We will focus on a ‘newer’ discussion because it poses a challenge to liberalism itself. Namely, some ‘radical’ critics of liberalism (Gourevitch, Raekstad and Rossi) have argued that there are rights that involve coercing others, exercised during strikes or engagement in other direct action, that do not qualify as liberal basic liberties and that can sometimes take normative precedence over the liberal basic liberties. This criticism, if correct, defeats liberalism. Notice, though: since the weighing of different particular basic liberties against each other in an overall scheme of liberty is integral to high liberalism, the genuine threat that the radical critique poses stems not from the second conjunct (which its proponents have defended) but from its first (which they have merely assumed). For, if (contrary to what the radical work assumes) the right to engage in coercive strike action is a liberal basic liberty then it can, at least in principle, win out over other basic liberties, within an overall scheme of liberties, in situations of prima facie moral conflict. Raekstad and Rossi extend the radical critique, beyond the case of coercive strikes, to other forms of direct action (outside of industrial disputes) that have avowedly moral or political goals. These could include workplace occupations, street blockades, hacktivism, counter-economics, tax resistance and more. In the paper we argue that the ‘radicals’ are not entitled to the assumption that the right to strike is not a liberal basic liberty. Moreover, we suggest, high liberalism has the resources to accommodate not only a general right to engage in non-coercive strike action, but also the right to engage in some forms of coercive direct action, whether as part of an industrial dispute or not. More precisely, we show that liberalism has the resources to accommodate not only (i) a general right to engage in non-coercive strike action, but also (ii) the right to engage in some forms of coercive direct action, whether (iii) as part of an industrial dispute or (iv) not. (shrink)

There is a general impression among Kant scholars that he has no robust theory of work. Most of his references to the topic appear in his historical and anthropological writings, where he tells us that work is burdensome, and valuable only for the sake of whatever we produce. In this paper, I argue that Kant has an under-explored theory of work in the third Critique. This theory bears little resemblance to his depiction of work in the historical and anthropological writings. (...) The third Critique will depict work as self-expressive, creative, and free, features Kant will go on to associate with art. Kant’s contention is that when work resembles art, it is both agreeable and something we enjoy for its own sake. However, when work fails to resemble art — when it is, in Kant’s words, natural, scientific, and mercenary — it is both disagreeable and constrained, and begins to sound like his description of work from the historical and anthropological writings. Kant’s theory of work in the third Critique has a number of important implications. The first is that it provides a new foundation for a contemporary philosophy of work that places freedom and creativity at the center of the labor process. My analysis also engages a part of Kant scholarship that has, until recently, been largely neglected. It is only in the last decade that the English-language Kant literature has taken up the question of how to make sense of Kant’s remarks about work. However the focus is rarely on Kant’s aesthetic theory of work, but rather on the place of work in his moral and political philosophy. I discuss the implications of Kant’s third Critique theory of work for these other debates, as well as for our understanding of the third Critique as a whole. (shrink)

Digital innovations are rapidly changing the contemporary workplace. Big Tech companies marketing algorithmic management increasingly decide on the Future of Work. Political responses, however, often focus on managing the impact of these technologies on workers. They leave the question of how these technologies are designed or how workers can determine their own futures unanswered. This approach risks surrendering the Future of Work debate to techno-determinist imaginaries aligned with corporate interests. Using Cornelius Castoriadis’ early writings on worker struggles in French Tayloristic (...) factories and his later oeuvre on conflictual social imaginaries, I propose an agonistic approach to the Future of Work. Not merely companies implementing workplace technologies, but also workers themselves possess agency in determining the Future of Work. Workers’ frequent contestations against machinic surveillance and technologically mediated coordination of the labour process disclose an alternative Future of Work in which technologies are used to enhance worker autonomy rather than bureaucratic control. Worker struggles at Amazon Mechanical Turk illustrate this agonistic dynamic: Amazon mobilizes algorithmic management to fragment and control a workforce of globally dispersed remote workers, but the latter form online social communities and create counter-technologies to reappropriate control over the labour process. (shrink)

While the challenges workers face in the gig economy are now well-known, reflections on emancipatory solutions in political philosophy are still underdeveloped. Some have pleaded for enhancing workers' bargaining power through unionisation; others for enhancing exit options in the labour market. Both strategies, however, come with unin-tended side-effects and do not exhaust the full potential for worker self-government present in the digital gig economy. Using the republican theory of freedom as non-domination , I argue that G.D.H. Cole's 20th-century defence of (...) guild socialism offers a promising avenue for enhancing worker autonomy in the gig economy. Platform companies rely on relational and structural domination to undermine worker autonomy, but Cole's guild socialism was specifically designed to enhance autonomy in the workplace. Following Cole's advice today would amount to a defence of worker-owned cooperative platforms. By putting workers in control of platform design and governance, cooperative platforms create new opportunities for worker autonomy. However, platform coopera-tivism faces serious challenges if it plans on becoming a realistic alternative to the traditional gig economy. (shrink)

Despite growing interest in workplace democracy, the question whether nonworker stakeholders, like suppliers and local communities, warrant inclusion in the governance of democratic companies, as workers do, has been largely neglected. We inspect this question by leaning on the boundary problem in democratic theory. We first argue that the question of who warrants inclusion in democratic workplaces is best addressed by examining why workplace democracy is warranted in the first place, and offer a twofold normative benchmark—addressing objectionable corporate power and (...) upholding efficiency—to assess the principles of democratic inclusion on offer. Against this benchmark, we next argue that the All-Affected Principle is unfit due to its over- and underinclusive extensional results, and that the All-Subjected Principle, whose variants we examine alongside their extensional results, holds more promise when coupled with independent considerations of justice or a constrained variant of the All-Affected Principle. These combinations need not entirely preclude, but speak against, nonworker stakeholder inclusion. (shrink)

In this paper, I argue that there are a number of ethical issues facing college and professional athletes that admit of a unified treatment: viewing athletes as workers. By worker, I mean an agent who sells their labor for compensation. With this notion of worker in place, I present and discuss arguments for four claims: not paying college athletes is morally wrong; that the N.C.A.A. infringes on the right of college athletes to collectively bargain; that it is prima facie wrong (...) to draft and trade professional athletes; and that fans fail to respect athletes’ right to strike when they complain about labor stoppages in professional leagues. I argue that sports fans and members of sports media should explicitly conceive of athletes as workers to recognize and prevent these wrongs. I conclude by suggesting that all with an interest in the welfare of labor have an interest in conceiving of athletes as workers, as it puts what is owed to all workers into stark relief. (shrink)

Human capital is that body of skills, knowledge, or dispositions that enhances the value of individuals’ contributions to economic production. Because human capital is both a byproduct of, and an important ingredient in, cooperative productive activities, it is subject to demands of justice. Here I consider what comparative justice in human capital benefits and burdens amounts to, with a special concern for the place of equality in allocating such burdens and benefits. Identifying these demands is complicated by the fact that (...) human capital is not discretely produced or exploited, making it difficult to envision human capital justice in historical terms. I defend a non-historical alternative that (I contend) both distributive and relational egalitarians can embrace, namely that that an allocation of human capital burdens and benefits is just only if under that distribution, no individual prefers another’s ledger of benefits and burdens to her own. (shrink)

Self-employment merits protection and promotion, we often hear, because it confers independence from a boss. But what, if anything, is wrong with having a boss? On one of the two views that this chapter inspects, being under the power of a boss is objectionable as such, no matter how suitably checked this power may be, for it undermines workers’ agency. On a second view, which republican theorists favor, what is objectionable is subjection not to the power of a boss as (...) such but to their arbitrary power. The first view is unconvincing, I argue, as it entails (implausibly) that being under the power of others in realms like the family or the state is likewise objectionable as such. And although the second view yields compelling reasons for self-employment, it only does so when employers’ power is not suitably checked. When it is, such reasons are more easily outweighed by competing considerations, like those stemming from the further forms of dependence—on suppliers and purchasers—that self-employment may prompt. (shrink)

We are likely to have immersive virtual reality and ubiquitous augmented reality in the coming decades. At least some people will use extended reality or “the metaverse” to work, play and shop. In order to achieve the best possible versions of this virtual future, however, we will need to learn from three decades of regulating the Internet. The new virtual world cannot consist of walled corporate fiefdoms ruled only by profitmaximization. The interests of workers, consumers and citizens in virtuality require (...) proactive legislation and oversight. -/- This white paper first addresses the central question the metaverse poses, whether virtual life is inherently more alienating and less authentic than face-to-face life experiences. This question is both a philosophical question about the nature of the good life and an empirical question about the accumulating evidence about the impacts of the digital on subjective well-being. -/- . (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, such discontinuities (...) fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

On 11 March 2020, the World Health Organization declared a pandemic of the COVID-19 coronavirus disease that was first recognized in China in late 2019. Among the primary effects caused by the pandemic, there was the dissemination of health preventive measures such as physical distancing, travel restrictions, self-isolation, quarantines, and facility closures. This includes the global disruption of socio-economic systems including the postponement or cancellation of various public events (e.g., sporting, cultural, or religious), supply shortages and fears of the same, (...) schools and universities closure, evacuation of foreign citizens, a rise of unemployment, changes in the international aid schemes, misinformation, and incidents of discrimination toward people affected by or suspected of having the COVID-19 disease. The pandemic has brought to the fore unpreparedness in critical areas that require attention, amid prospects and challenges. Moreover, considerable reorganization efforts are required with implications for assets, resources, norms, and value systems. COVID-19 is challenging the concept of globalization and stimulating responses at the levels of local and regional socio-economic systems that lead to the mobilization of assets that have been unrecognized earlier on, such as various forms of economic capital, social capital, cultural capital, human capital, and creative capital. For example, through digital channels, local groups are forming to create schemes of support for physical and mental wellbeing. These emerging exchanges lead to various social and technological innovations by building on skills and assets that are less important in the free-market economy, such as empathy, skills for crafts, making and fixing; locally grown microgreens; and micromanufacturing. Isolation and local living are also making it much harder to ignore the civic responsibilities towards communities, meant as individuals, vulnerable groups, and local businesses. Whilst the pandemic is limiting physical participation, this challenging time is uncovering alternative ways of mutual support, which may create long-term benefits for socio-economic systems, including environmental and biodiversity protection, reduction of the air pollution, and climate action. The pandemic’s threat to public health will hopefully be overcome with implications for disruption for an extended period that we are unable to forecast at this stage. It is key to focus on studies recognizing the activities and interventions leading to the recovery of socio-economic systems after the pandemic. Reflecting and planning on how societies and economies will go back to “business as usual” requires new forms of communication and cooperation, imaginative design thinking, new styles of management, as well as new tools and forms of participation in various public policies. Many questions related to the care of the vulnerable, economic restart, and the risk of future pandemics, to mention but a few, are already occupying the academic, scientific, experts, and activist communities, who have started to imagine the “new normal.”. (shrink)

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on the work of political theorists Jon Elster, (...) Gerald Gaus and Michael Walzer, and privacy scholars Daniel Solove and Anita Allen, to show what is wrong with this extension of employer control of employee’s outside of work behavior. I argue that there are ethical limits on the controls that employers may put on their employees’ out of work behavior, and that many of these limits should be enshrined into legal protections which would prevent employers from conditioning employment on the regulations criticized. -/- (Please note that the version of this paper on SSRN is a pre-publication version. Please cite and refer to the published version when possible.). (shrink)

This paper explores connections between social rights and labour rights within a human rights framework. Social human rights tend to be marginalized both in philosophical debates about human rights and international human rights doctrine and practice. This paper brings social human rights into focus and argues that they play an important though neglected role in shaping the content of labour human rights, in particular the human right to just and favourable conditions of work. The implications for the content of this (...) right are elaborated, and the paper concludes with some reflections on the relevance of social human rights in recent struggles for stable and predictable working hours. (shrink)

Despite renewed interest in work, philosophers have largely ignored self-employment. This neglect is surprising, not just because self-employment was central to classic philosophizing about work, but also given that half of the global workforce today, including one in seven workers in OECD countries, are self-employed. We start off by offering a definition of self-employment, one that accounts for its various forms while avoiding misclassifying dependent self-employed workers as independent contractors, and by mapping the barriers to becoming and remaining self-employed (section (...) 2). We then examine five arguments why governments ought to promote self-employment, despite the forgone opportunities to promote employee work instead that this often entails (sections 3-7): the argument from job creation, the argument from job satisfaction, the argument from independence, the argument from occupational freedom, and the argument from subsistence under non-ideal circumstances. Some of these are unconvincing, we argue, but others are not. Although the strength of the latter arguments hangs on various context-dependent conditions, such that they need to be carefully weighed against considerations of efficiency and equality, they nonetheless offer compelling pro tanto reasons to promote, and not just to protect, self-employment. (shrink)

Rohingya refugee children in Bangladesh are forced into labour both inside and outside the camps for a wide range of reasons. This article examines this situation in relation to the access to education for those children living in the camps in Cox’s Bazar. Being informed by several perspectives concerning child labour and access to schooling in developing country contexts, this research work has adopted a qualitative approach to study various factors working behind this pressing issue. After collecting data by means (...) of qualitative methods, including non-participant observations and semi-structured interviews, the researcher has analyzed the findings with these informed perspectives. Results show that lack of formal identity, limited access to the formal labour market, absence of social sanctions against child employment, lack of aspirations, household composition, and substandard living conditions are some of the key factors that drive children to engage in various forms of labour, especially outside the camps. They often work in small workshops as labourers and in the host community households as domestic workers. Undocumented children are also reported to become victims of bonded labour, sex trade, and trafficking in the region. The author argues that a lack of formal education has compounded this issue into a severe humanitarian crisis which calls for immediate support and actions from local and international agencies. (shrink)

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...) purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

The purpose of this paper is to provide insights into how the proliferation of globalization has impacted labor markets both in a advanced industrialized nations and well as developing nations. Insightful analysis will be drawn from Oatley (2011) on division of labor, Jaumotte & Tytell (2007) on labor compensation, Hahn & Narjoko (2013) on the impact on South Asian Countries, Basu (2016) on wage as a share of GDP and Wallace, Gauchat & Fullerton (2011) on the impact of globalization and (...) labor markets on inequality. (shrink)

How does precarious work entail social vulnerabilities and moral complicities? Theorists of precarity pose two challenges for analysing labour conditions in Asia. Their first challenge is to distinguish the new kinds of social vulnerability which constitute precarious work. The second is to assign moral responsibility in the social network that produces vulnerability in depoliticised and morally detached ways. In this article, the social and normative dimensions of precarious work are connected through a conceptual investigation into how Singapore allocates responsibility for (...) managing temporary migrant labour. First, it analyses how various management strategies, driven by globalisation and government deregulation, increase worker vulnerabilities. These strategies intensify relations of dependence, disempowerment and discrimination, which the workers may accommodate or resist in limited ways. Second, it assesses why the strategies leave the state, employers, agents and others complicit in producing the vulnerabilities. These actors enable, collaborate with, or condone the production of precarity. Their complicity is complicated by varying support or resistance to reforms. The result is a novel conceptual scheme for analysing the complicit network behind precarious work, which can be used in other sites of precarity where some are complicit in the vulnerability of others. (shrink)

Proponents of humane or traditional husbandry, in contrast to factory farming, often argue that maintaining meaningful relationships with animals entails working with them. Accordingly, they argue that animal liberation is misguided, since it appears to entail erasing our relationships to animals and depriving both us and them of valuable opportunities to live together. This chapter offers a critical examination of defense of animal husbandry based on the value of labour, in particular the view that farm animals could be seen as (...) workers, and what it entails. It then considers ways in which our relationships to domesticated species could be made meaningful, including through work, without entailing the premature killing of animals raised for food. Meaningful animal lives depend on a proper analysis of the meaning, and value, of labour, which this chapter argues is missing from labour-based defenses of humane husbandry. (shrink)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation of overtime (...) and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

A review of Enda Brophy's study of call centre work in global capitalism. Language put to work. Published in 2018.

Many economists and social theorists hypothesize that most societies could soon face a ‘post-work’ future, one in which employment and productive labor have a dramatically reduced place in human affairs. Given the centrality of employment to individual identity and its pivotal role as the primary provider of economic and other goods, transitioning to a ‘post-work’ future could prove traumatic and disorienting to many. Policymakers are thus likely to face the difficult choice of the extent to which they ought to satisfy (...) individual citizens’ desires to work in a socioeconomic environment in which work is in permanent decline. Here I argue that policymakers confronting a post-work economy should discount, or at least consider problematic, the desire to work because it is very likely that this desire is an adaptive preference. An adaptive preference is a preference for some state of affairs within a limited set of options formed under unjust conditions. The widespread desire for work has been formed under unjust labor conditions to which individuals are compelled to submit in order to meet material and ethical needs. Furthermore, the prevalence of the ‘work dogma’ in contemporary societies precludes nearly all individuals from seeing alternatives to work as live options. (shrink)

There is broad agreement that child labor is wrong and should be eliminated. This chapter examines the three main moral objections to child labor and considers their limitations: harm-based objections, objections from failing to benefit children, and objections from exploitation. Harm-based objections struggle with baselines for comparison and difficulties with Non-Identity problems. Even if child labor is not harmful, it may be wrong because it prevents children from enjoying other benefits, such as schooling. However, is schooling necessarily more beneficial for (...) children than work? Some kinds of child labor may not be harmful, and may benefit children, but they may still be wrong because they are exploitative. I consider some ways to address exploitative child labor, inspired by campaigns led by child workers. The chapter ends with a surprising conclusion that challenges the broad consensus with which we began: we may have duties to promote child labor. (shrink)

This paper offers a justification of labor rights based on an interpretation of the idea of human dignity. According to the dignitarian approach, we have reason to organize social life in such a way that we respond appropriately to the valuable capacities of human beings that give rise to their dignity. That dignity is a deontic status in virtue of which people are owed certain forms of respect and concern. Dignity at work involves the treatment of people in accordance to (...) the ideal of solidaristic empowerment as it pertains to their life as workers. This requires that we generate feasible and reasonable social schemes to support each other as we pursue the development and exercise of our valuable capacities to produce in personally and socially beneficial ways. The spectrum of dignitarian justice goes from basic rights to decent working conditions to maximal rights to flourish in working practices that are free from domination, alienation, and exploitation. (shrink)

This paper revisits some of the arguments in Richard Rorty’s Achieving Our Country, twenty years after the book first appeared. Not only are many of Rorty’s diagnoses and predictions eerily prescient in the wake of the rise of Donald Trump to the US presidency, but there is also perceptive political advice in Rorty’s book that I argue the contemporary American Left would do well to heed. While many post-election commentators have tended to read Achieving Our Country as an admonishment of (...) so-called “identity politics” in favor of an “old Left” politics of redistribution and economic justice, I argue that the main distinction on which the analysis in Achieving Our Country hangs is between what Rorty calls “real politics” and “cultural politics”, a conclusion that is confirmed, I argue, by examining the three concrete suggestions for the American Left that together form the core positive argument in Rorty’s book. (shrink)

The economy of Bangladesh mainly depends on agriculture. Any development can’t be possible because females and males are equally distributed in the country. Women can play a vital role if they properly participated in farm activities as well as in other income-generating activities outside the home. Rice mills are very much dependent on human labour, and almost 5 millions of unorganised workers are working in different rice mills, and more than 60 per cent of them is a female worker. But (...) the working environment suffers from different discrimination and harassment issues between male and female workers. The present study aimed to find out the socio-economic status of women labour at rice husking mill of Bangladesh. Discrimination between male and female workers and the factor affecting the standard of living of women’s household will be focused. The study was carried out in two districts namely Mymensingh and Sherpur. From each district, rice husking mill was selected by using a cluster sampling technique, and 70 male and 70 female labours were considered as a sample. The survey was conducted by direct interviews using a questionnaire. Data generated were analysed by using tabular and statistical techniques. The average family size of the respondents was 4.46, and 57.05% of the participants were females while 42.95% were males in the household and 65.71% of female had no education. 88% of the women’s main occupation was in the rice mill as a daily paid labour. Average wage rate of male and female worker was 184.31 Tk. And 135.95 Tk., respectively. Age, education, number of family member, total land, number of earning member, the wage of women labour and working time and experience were the factors influencing income and living standard of female labours. There were various social violence cases against female labours in the working environment of rice husking mills. In the study area, 93% of female workers get lower wages, 90% of them had no accommodation facility. Besides they did not have sanitation facility (80%), opportunity to take rest at the middle of work (64%) and meal support (71%). (shrink)

Extreme inequality of opportunity leads to a number of social tensions, inefficiencies and injustices. One issue of increasing concern is the effect inequality is having on people’s fair chances of attaining meaningful work, thus limiting opportunities to make a significant positive contribution to society and reducing the chances of living a flourishing life and developing their potential. On a global scale we can observe an increasingly uneven provision of meaningful work, raising a series of ethical concerns that need detailed examination. (...) The aim of this article is to explore the potential of a normative framework based upon the idea of contributive justice to defend a fairer provision of meaningful work. (shrink)

Choices of jobs and careers are among the ethically significant choices individuals make. This article argues against the 'maximalist' view that we are ethically required to choose those jobs and careers (among those that are not intrinsically wrong) that are best overall in terms of benfitting others or addressing injustice. Because such choices are often identity-based, the maximalist view is overly demanding, in the way that requiring individuals to marry on the basis of a maximalist demand is too demanding. Job (...) and career choices are instead subject to a stringent, but less demanding, fair share standard, according to which they must enable individuals to do their fair individual share to benefit others or address injustice. (shrink)

In this retrospective for Ethics, I discuss H.M. Oliver’s “Established Expectations and American Economic Policies.” This article, by a then-modestly-famous economist, has been ignored (no citations) since its 1940 publication. Yet it bears directly on a normative problem at the intersection of ethics and economics that challenges today’s policymakers but has received comparatively little philosophical attention: how should we balance potentially desirable institutional change against the disruption of established expectations? -/- Oliver details how the principle of fulfilling established expectations cuts (...) across political lines. Conservatives, he observes, criticized inflation for disrupting expectations, and demanded the protection of established corporations. New Deal progressives achieved “the safeguarding of the economic positions of certain important sections of the American people” (104) via statutes designed to protect income and homeownership status. And labor leaders lobbied for the preservation of occupational status. Oliver criticizes these demands on two grounds. First, they are noncompossible: they can’t simultaneously be fulfilled. Second, they are economically inefficient. He concludes that “in a modern dynamic economy, the preservation of status is not and cannot be a feasible criterion of economic justice” (107). -/- I argue that Oliver accurately recognizes both the wide endorsement and the moral ill-foundedness of fulfilling expectations. However, I criticize Oliver’s belief in the noncompossibility of expectations. The established expectations of the wealthy, middle-class homeowners and retirees, and current workers can all be maintained, but at the price of constricting the opportunities of new graduates, immigrants, and the poor—all groups yet to develop settled expectations. This insight renders the protection of expectations not merely inefficient but also unjust. (shrink)

The process of economic globalization has over the years accelerated the pace of labour policy convergence. In the Indian context, labour law since 1991 has witnessed a paradigm shift while embracing a policy of global integration. The ambit of labour relations is now being related with private practice or the informal settings, leading to multiple concerns over labour justice and security. In compliance with global standards, the continuous emphasis upon labour flexibility characterised by flexible labour employment, performance based remuneration, increasing (...) portion of casual labour, has raised several concerns. This paper is an attempt to highlight the attempted and achieved labour law policy convergence in India, coupled with a few suggestions for balance in global national comittments towards labour welfare. (shrink)

This paper explores the implications of libertarianism for welfare policy. There are two central arguments. First, the paper argues that if one adopts a libertarian framework, it makes most sense to be a Lockean right-libertarian. Second, the paper argues that this form of libertarianism leads to the endorsement of a fairly extensive set of redistributive welfare programs. Specifically, the paper argues that Lockean right-libertarians are committed to endorsing welfare programs under which the receipt of benefits is conditional on meeting a (...) work requirement, and also endorsing some form of publicly funded jobs of last resort for potential welfare recipients. (shrink)

A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam Gregg), The right to freedom (...) of expression (Damian Grace), The right to choose and freely maintain a state of life, married or single, lay or religious (Marita Winters), The right to education (Anthony Cleary), The right to petition government for the redress of grievances (Paul Russell), The right to a nationality (Andrew Hamilton), The right to have access to the means of livelihood, by migration when necessary (Brenda Hubber), The right of association and peaceful assembly (Michael Hogan), The right to work and choose one's occupation (Ian Blandthorn), The right to personal ownership, use and disposal of property subject to the right of others (Brian Coman), The right to a living wage (Garrick Small), The right to collective bargaining (Keith Harvey), The right to associate by industries and professions to obtain economic justice (Henrik Jurisevic), The right to assistance from society, if necessary from the State, in distress of persons and family (Catherine Althaus), Afterword (James Franklin). (shrink)

Most prominent arguments favoring the widespread discretionary business practice of sending jobs overseas, known as ‘offshoring,’ attempt to justify the trend by appeal to utilitarian principles. It is argued that when business can be performed more cost-effectively offshore, doing so tends, over the longterm, to achieve the greatest good for the greatest number. This claim is supported by evidence that exporting jobs actively promotes economic development overseas while simultaneously increasing the revenue of the exporting country. After showing that offshoring might (...) indeed be justified on utilitarian grounds, I argue that according to Rawlsian social-contract theory, the practice is nevertheless irrational and unjust. For it unfairly expects the people of a given society to accept job-gain benefits to peoples of other societies as outweighing job-loss hardships it imposes on itself. Finally, I conclude that contrary to socialism, which relies much more on government control, capitalism constitutes a social contract that places a particularly strong moral obligation on corporations themselves to refrain from offshoring. (shrink)

Businesses cause social harm, meaning harm to society at large and not just to those with whom a business is contractually linked. Evidence introduced: normative claims that businesses should be "socially responsible"; positive claims that they contribute to social well-being; and negative claims that they are sometimes military-like, causing extensive harm for which no one is held personally responsible. The latter point to corporate survivalism, which acknowledges no mandatory civil responsibilities. Neither law nor social pressure has yet counteracted this mind (...) set. Business ethics might, but not if its practitioners examine only narrowly contractual relationships. (shrink)