Miscellaneous Rights

In the emerging literature on judgment aggregation over logically connected proposi- tions, expert rights or liberal rights have not been investigated yet. A group making collective judgments may assign individual members or subgroups with expert know- ledge on, or particularly affected by, certain propositions the right to determine the collective judgment on those propositions. We identify a problem that generalizes Sen's 'liberal paradox'. Under plausible conditions, the assignment of rights to two or more individuals or subgroups is inconsistent with the (...) unanimity principle, whereby unanimously accepted propositions are collectively accepted. The inconsistency can be avoided if individual judgments or rights satisfy special conditions. (shrink)

One core question in contemporary political economy is whether economic liberties should be constitutionally protected as basic rights. In this article I do not provide a positive argument for the view that economic liberties are basic rights. Rather, I seek to provide a reason for not embracing the opposing view, i.e. that economic liberties should not be constitutionally protected as basic rights. Based on Hayek’s theory of price as signal, I argue that price control, a view usually associated with high (...) liberals, and sometimes endorsed by moderate welfarists, is environmentally sub-optimal. (shrink)

The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle, according to which a polity ought to enfranchise all persons whose interests are affected by the polity’s decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one commits oneself (...) to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties. (shrink)

In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, which grounds (...) moral consideration in sentience, is committed to the claim that a sentient fetus has a right to life. I then illustrate that a fully developed account of animal rights that recognizes the special obligations humans have to assist animals when we cause them to be dependent and vulnerable through our voluntary actions or omissions is committed to the following: a woman also has a special obligation to assist a sentient fetus when she causes it to be dependent and vulnerable through her voluntary actions or omissions. From these considerations, it will become evident that a fully developed and consistent animal rights ethic does in fact have implications for the abortion discussion. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine (...) rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

Stephen May (2011) holds that language rights have been insufficiently recognized, or just rejected as problematic, in human rights theory and practice. Defending the “human rights approach to language rights”, he claims that language rights should be accorded the status of fundamental human rights, recognized as such by states and international organizations. This article argues that the notion of language rights is far from clear. According to May, one key reason for rejecting the claim that language rights should be considered (...) as human rights is the widespread belief that language rights are collective rights. In order to address this kind of objection, the collective character attributed to language rights must be carefully assessed, distinguishing two different views of what a collective right is. (shrink)

In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually compatible and that Narveson is (...) right that right to negative liberty does not conceptually require a right to welfare. (shrink)

A citizens’ movement in Berlin advocates for the expropriation of housing corporations and has won a significant majority in a popular referendum in September 2021. Building on this proposal, this paper develops a general account of expropriation as a measure for corporate reform and thereby contributes to the ongoing debate on the democratic accountability of business corporations. It argues that expropriation is a valuable tool for intervention in a dire situation in some economic sector to enable a re-structuring of the (...) governance of the assets in question. Compared with other tools available, expropriation is a more forward-looking, genuinely political measure that does not depend on the legal assignment of guilt but rather proceeds in a pragmatic and problem-oriented manner. It also allows us to reconsider in how far the market mechanism should be employed in the administration of assets. Objections from private property rights against expropriation fail as corporations generally are privileged, quasi-public institutions that can justifiably be subject to democratic interventions. Expropriation is thus an important addition to the arsenal of corporate reform proposals, especially for those concerned with a broad democratization of the corporation. (shrink)

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...) constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (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)

Michel Serres’s proposal to extend the social contract to a natural contract has been met with criticism and misunderstanding. In this article, I would like to respond to common criticisms by reconsidering two central related concepts. It is claimed that we cannot represent nature’s interests and therefore cannot come to an agreement, and thus a contract, with nature. However, I will suggest a way out by reinterpreting representation and agreement. I will start with the problem of representation: nature cannot be (...) represented. Specifically, I will present two counterarguments. The first argument is that political representation is always difficult, even in the case of human beings. Representing nature only seems more difficult because we have forgotten the difficulties associated with representing humans. The second argument aims to rethink representation. Representing nature only seems so hard because we tend to follow a cognitive understanding of representation, as if representation is about representing the ideas of the represented party. Instead, following Michael Saward, I propose an alternative understanding of representation as a game of representative claims and counterclaims: political representation is about claiming to speak on behalf of a referent and then allowing that referent to respond to that claim. Then I turn to the problem of agreement. A natural contract seems difficult because it is hard to imagine what it would mean for nature to agree to a particular proposal. To counter this, I turn to the notion of symbiosis, found in the work of Serres. A natural contract, I will argue, need not be a contract of consensus or synthesis. The alternative is a contract of symbiosis, which does not require all parties to have a common understanding of the situation. Instead, it allows for an agreement in which all parties have their own interests and definition of the situation. In this sense, a natural contract can make sense if it is understood as a contract in which symbiosis is achieved through political representation based on a game of claims and counterclaims. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national constitutional level and (...) adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe (...) duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

Many political and moral philosophers try to reconcile freedom and equality. One such theory is left-libertarianism, which establishes exclusive property rights over one’s own body and egalitarian property rights over natural resources. These rights are realized through the policy of unconditional basic income. Recently, left-libertarianism has come under fire from another similar approach, reciprocal libertarianism. This concept combines exclusive rights over one’s own body with the requirement for an egalitarian distribution of the fruits of social cooperation among those who make (...) a fair contribution to its system. On the face of it, reciprocal libertarians reject basic income because it doesn’t satisfy the fair contribution condition. This article explores the case for a basic income from a reciprocal libertarian perspective. In particular, two institutional regimes will be examined: reciprocal left-libertarianism and libertarian socialism. Each is compatible with a basic income coupled with broader redistribution according to the principle of reciprocity. (shrink)

The scholarship on the ethics of abortion was stimulated by the legalization of abortion in the United States in 1973. The recent overturning of Roe v Wade will likely have the same effect. This book discusses the libertarian perspective on the subject, drawing attention to the implications of self-ownership, Lockean appropriation and abandonment, private property rights, and so on. Much ground is covered, from history to the Supreme Court decisions to natural law to ensoulment. Choice sheds new philosophical light on (...) this thorny issue. (shrink)

Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes a system of (...) redistribution that will protect people from dire circumstances. As it only applies to those who find themselves in poverty through no fault of their own, Mack’s argument rules out a basic income. However, one can combine Mack’s argument with basic income by arguing that responsibility-insensitive sufficientarianism is superior to luck sufficientarianism. First, luck sufficientarianism allows for the counterintuitive conclusion that people who have made mistakes in their lives do not deserve help from the rest of the community, even if they are engaged in some socially important activity. Second, luck sufficientarianism unduly interferes with people’s private lives to distinguish between deserving and undeserving recipients of social assistance, and inevitably excludes some deserving recipients from the pool of recipients. Third, a condition for holding people responsible for their choices is that they have agency. But maintaining agency requires the presence of some kind of material resources that would protect people from the fear and stress associated with poverty. Thus, responsibility-insensitive sufficientarianism is superior to luck sufficientarianism as an interpretation of the catastrophe clause. And within a libertarian framework, this requires introducing a basic income. First, a basic income technically guarantees everyone protection from extreme poverty and destitution. Second, a basic income guarantees everyone autonomy in how they manage their resources. Third, a basic income does not require means testing and is therefore responsibility-insensitive. Mack’s catastrophe clause therefore offers a right-libertarian argument for a basic income. (shrink)

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

In the 1780s through the end of 1790s, Kant made various references to slavery (in its different forms) and the transatlantic slave trade in the context of his political philosophy or philosophy of right; he thereby had opportunities to speak in favor of abolitionism, which was gaining momentum in parts of Europe, or at least to articulate a normative critique of the race-based chattel slavery or Atlantic slavery and the associated slave trade qua (legalized) INSTITUTIONS; but he did neither. Why? (...) In raising and seeking an answer to this question, I am not interested in what Kant’s normative silence about the institutions of Atlantic slavery and slave trade may tell us about him as a person (for example, whether he was blinded by his own racist prejudices or whether he was affected by some kind of cognitive dissonance). Rather, I will focus on what it may tell us about certain limitations of his political philosophy, limitations that might have made it THEORETICALLY DIFFICULT for him to figure out exactly what to DO about those institutions as entrenched political realities. (shrink)

Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights are based on equality and individual (...) independence. Freedom, life, and property are the three basic pillars of Locke's theory. However, many international charters that defend human rights also in some way protect personal freedom, life, and property of individuals around the world. One of the international agreements is the Convention on the Rights of the Child in the United Nations, which defends the freedom and security of children worldwide and guarantees their basic rights. In this convention, natural rights patterns, especially those of Locke, can be seen, and he is also considered the spiritual father of human rights and one of the sources of modern human rights, the foundations of natural rights. Therefore, the main purpose of this paper is to examine the foundations of natural rights in the Convention on the Rights of the Child and compare them with the foundations of John Locke. (shrink)

Libertarianism is a theory of justice that places significant moral weight on exclusive property rights. On this basis, many libertarian philosophers, from Robert Nozick to Michael Huemer, criticize any form of income redistribution. Ironically, some libertarians, following Philippe Van Parijs, Matt Zwolinski, and Charles Murray, have supported the introduction of an unconditional basic income. This essay seeks to prove that this support is not just a political compromise. By contrast, libertarian justice advocates have a strong moral basis for supporting income (...) redistribution in the form of unconditional cash payments. This essay explores one such reason, the Lockean proviso. The Lockean proviso is a moral requirement for the appropriation of unowned resources to leave “enough and as good” for others. There are many interpretations of the Lockean proviso, but the most ambitious are the egalitarian proviso and the sufficiency proviso. Each of them, but for different reasons, requires the introduction of a basic income. The egalitarian proviso establishes the equal rights of all people to natural resources, and therefore requires that all benefits from the ownership of natural resources be shared egalitarianly — in the form of unconditional equal payments. The sufficiency proviso establishes some threshold of sufficiency, and then imposes a restriction on exclusive property rights so that they can’t prevent redistribution in order to raise all people to the threshold of sufficiency. However, while both provisos require a basic income, they diverge on three important dimensions in assessing this basic income: applicability, taxable base, and amount of cash payments. (shrink)

Distributive justice is one of the central questions of contemporary moral and political philosophy. Discussions on this topic are often presented as a confrontation between two groups of thinkers: libertarians and luck egalitarians. The former emphasize the dependence of the existing distribution on the individual choice and personal responsibility of people, and therefore are skeptical about various redistribution programs. The latter, on the contrary, emphasize the influence of morally arbitrary luck on the economic situation of people, and therefore welcome redistributive (...) measures to compensate for this brute luck. Left-libertarian claims to reconcile these two types of moral considerations. The classical left-libertarian point of view seeks to offset the influence of brute luck through an egalitarian distribution of the benefits of owning natural resources that are independent of anyone’s choice and responsibility. However, this position does not sufficiently take into account the influence of other factors of brute luck and, in particular, genetic endowments on the distribution of economic wealth. This article discusses three approaches that allow left-libertarians to take into account the factor of genetic luck in interpersonal distribution. First, it is Hillel Steiner’s proposal to attribute genetic information to natural resources, the benefits of which are subject to egalitarian redistribution. Second, it is the concept of equal opportunity for welfare by Peter Vallentyne, Michael Otsuka and Eric Roark. Third, it is the universal dominance criterion of Philippe Van Parijs and Kasper Ossenblok. The first two approaches face a number of moral and practical difficulties, but the third approach is able to overcome them. Thus, the universal dominance criterion is the most promising way to reconcile left-libertarianism and justice in the distribution of genetic endowments. (shrink)

Robert Nozick is the most discussed libertarian philosopher of these days. The paper examines the question of whether he supported forced taxation. The normative basis of Nozick’s position, the neo-Lockean theory of natural human rights are analyzed. On the basis of this theory, his argument in favor of the moral justification of the minimal state is reconstructed. While this reconstruction leaves it ambiguous whether such the state should be funded by taxation, six arguments are offered in favor of such tax (...) funding. These arguments are based on the same normative premises as Nozick’s own argument and can therefore be supported by contemporary Nozickians even if Nozick himself rejected taxation. These arguments are shown to help overcome some of the critical objections faced by Nozick’s theory and neo-Lockeanism as a whole. However, accepting these arguments entails accepting not only the tax financing of the minimal state, but also the expansion of the functions of this state to provide citizens with a social minimum in the form of an unconditional basic income or some other form of redistribution. (shrink)

Part of a Festschrift for Fred Miller, this essay reconsiders Miller's interpretation of Aristotle in terms of natural rights. After defending Miller against his numerous critics, I draw a somewhat different lesson from his interpretation than he himself does: Miller helps us to see that an Aristotelian theory of justice can do all the work that we would reasonably want a theory of rights to do while avoiding significant problems that the idiom and rhetoric of rights tend to generate.

This chapter addresses the morality of two types of national security electronic surveillance (SIGINT) programs: the analysis of communication “metadata” and dragnet searches for keywords in electronic communication. The chapter develops a standard for assessing coercive government action based on respect for the autonomy of inhabitants of liberal states and argues that both types of SIGINT can potentially meet this standard. That said, the collection of metadata creates opportunities for abuse of power, and so judgments about the trustworthiness and competence (...) of the government engaging in the collection must be made in order to decide whether metadata collection is justified in a particular state. Further, the moral standard proposed has a reflexive element justifying adversary states’ intelligence collection against one another. Therefore, high-tech forms of SIGINT can only be justified at the cost of justifying cruder versions of signals intelligence collection practiced by a state’s less-advanced adversaries. (shrink)

Spinoza's use of the phrase “sui iuris” in the Tractatus Politicus gives rise to the following paradox. On the one hand, one is said to be sui iuris to the extent that one is rational; and to the extent that one is rational, one will steadfastly obey the laws of the state. However, Spinoza also states that to the extent that one adheres to the laws of the state, one is not sui iuris, but rather stands under the power [sub (...) potestate] of the state (TP 3/5). It seems, then, that to the extent that one is sui iuris, one will not, in fact, be sui iuris. In this paper, I offer an interpretation of Spinoza's notion of being sui iuris that enables us to overcome this paradox and sheds light on Spinoza's relationship to the republican tradition. I work towards this goal by distinguishing between two ways in which Spinoza uses the locution, which correspond to two different conceptions of power: potentia and potestas. This distinction not only allows us to save Spinoza from internal inconsistency, it also enables us to see one important way in which Spinoza stands outside of the republican tradition, since he conceives of liberty not as constituted by independence, or citizenship in a res publica, but as being sui iuris in the first sense described above: being powerful. (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)

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)

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)

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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)