Abraham Singer argues that Rawlsian theories of justice cannot apply to corporate governance and business ethics. On Singer’s view, Rawls regards business corporations as voluntary associations outside of the basic structure, which is the only site where justice applies. In this comment, we show the importance of Rawlsian theory to central questions of corporate governance. The corporation should be considered part of the basic structure, because it is part of society’s system of productive social cooperation. Rawls' proposal for a property-owning (...) democracy also raises crucial corporate governance issues concerning the proper owners of the firm, and the separation of ownership and control. (shrink)

:Corporations cannot exist, scholars rightly note, without being constituted by government. However, many take a further step, claiming that corporations are normatively distinct from other market actors because of this governmental provenance. They are mistaken. Like corporations, markets and contracts also require government for their creation. Governmental provenance does not distinguish corporations normatively because our coercive social institutions are pro tanto justified in re-arranging both corporate and non-corporate market activities on behalf of social and political values. The corporation is distinct (...) only practically and prudentially, in that it represents a more proximate instrument for effecting morality in the economy. (shrink)

This article examines why and how workers adhere and contribute to the perpetuation of the freedom fantasy induced by neoliberal ideology. We turn to Hannah Arendt’s analysis of the human condition, which offers invaluable insights into the mechanisms that foster the erosion of human freedom in the workplace. Embracing an Arendtian lens, we demonstrate that individuals become entrapped in a libertarian fantasy—a condition enacted by the replacement of the freedom to act by the freedom to perform. The latter embodies the (...) survivalist modus operandi of animal laborans who renounces singularity, by focusing on the function of supervised labor, who renounces solidarity, by focusing on individualist and competitive labor, and who is deprived of spontaneity, by focusing on the measured productivity of labor. Therefore, we propose a new corporate governance perspective based on the rehabilitation of political action in organizations as the best way to preserve human capacity for singularity, solidarity, and spontaneity. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

Journal of Social Philosophy, EarlyView.

By considering what we identify as a problem inherent in the ‘nature of the firm’—the risk of abuse of authority—we propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm with the general theory of justice. Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing that corporate governance principles enter the “basic structure.” (...) Finally, we concur with Sen’s aim to broaden the realm of social justice beyond what he calls the ‘transcendental institutional perfectionism’ of Rawls’ theory. We maintain the contractarian approach to justice but introduce Sen’s capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 281-292, January 2022.

ABSTRACT:Demands have been growing upon firms to take actions in the interests of workers, the environment, local communities, and others. Firms sometimes have felt they could best discharge such responsibilities by cooperating with other firms. This, however, is suspect from the point of view of a purely economic interpretation of competition law, since interfirm agreements may raise prices and thus lower welfare for consumers. Should competition law remain focused on competition enhancing economic welfare, or be reformed to allow for acts (...) of cooperation that are socially beneficial? To answer this question, the article provides a philosophical reevaluation of the deep-seated view that firms are merely private actors. It argues that demands of political legitimacy should also be addressed at firms cooperating together, and that standard views of democratic accountability should be broadened, introducing a model of delegated, sequential decision making which allows regulatory agencies and parliaments to control interfirm agreements. (shrink)

In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...) I appeal to Rawls’s theory of justice (1971) on the basis of which I defend a Rawlsian solution to the new demarcation problem. As I argue, the Rawlsian solution places plausible constraints on which values ought to influence scientific inquiry, and, moreover, can be fruitfully applied to concrete cases to determine how the conflicting interests of stakeholders should be balanced. After considering and responding to the objection that Rawls’s theory of justice applies only to the “basic structure” of society, I compare the Rawlsian solution to some other approaches to the new demarcation problem, especially those that emphasize democratic criteria. (shrink)

In this article, I aim to clarify some key issues in the ongoing debate about the relationship between Rawlsian political philosophy and business ethics. First, I discuss precisely what we ought to be asking when we consider whether corporations are part of the “basic structure of society.” I suggest that the relevant questions have been mischaracterized in much of the existing debate, and that some key distinctions have been overlooked. I then argue that although Rawlsian theory’s potential implications for business (...) ethics are more extensive than some have suggested, the nature of the concern that we ought to have about the effects of corporate behavior on individuals’ economic and social conditions should lead us to reject the view that corporations are bound by principles of justice only if, and insofar as, they are part of the basic structure. (shrink)