Given the inevitability of scarcity, should public institutions ration healthcare resources so as to prioritize those who contribute more to society? Intuitively, we may feel that this would be somehow inegalitarian. I argue that the egalitarian objection to prioritizing treatment on the basis of patients’ usefulness to others is best thought of as semiotic: i.e. as having to do with what this practice would mean, convey, or express about a person’s standing. I explore the implications of this conclusion when taken (...) in conjunction with the observation that semiotic objections are generally flimsy, failing to identify anything wrong with a practice as such and having limited capacity to generalize beyond particular contexts. GPI Working Paper No. 3-2019. (shrink)

This article introduces the Normative Representativeness Requirement (NRR) on any moral objection to a decentralized, profit-oriented system of political economy. I develop and defend the NRR and then show why the most important recent critique of the profit system—which I call The Moderate Critique (developed by, for instance, Elizabeth Anderson)—fails to meet the NRR. This article also defends the radical claim that no objection to the profit system itself, rather than just key aspects or salient instances of it, succeeds in (...) meeting the NRR. Critics of the profit system should not seek an alternative to the profit system, but, at most, an alternative within it. (shrink)

One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of the latter justifies restrictions on the former. In this article, I will critically examine (...) Margaret Jane Radin’s book Contested Commodities (1996), which presents a well-developed, compelling version of the commodification argument. I will advance three central points over the course of the article: first, the purported causal connection between self-ownership and instrumentalism is either weak or nonexistent; second, the commodification argument does little independent moral work, tending instead to be parasitic on arguments against economic, racial, and gender inequality; and third, what independent moral work it does do seems to be directed not so much at self-ownership as at liberal neutrality. I will conclude by showing that the weaknesses of Radin’s diverse defenses of the commodification argument cast doubt upon the anticommodificationist enterprise as a whole. (shrink)

Recent decades have witnessed tremendous progress in artificial intelligence and in the development of autonomous systems that rely on artificial intelligence. Critics, however, have pointed to the difficulty of allocating responsibility for the actions of an autonomous system, especially when the autonomous system causes harm or damage. The highly autonomous behavior of such systems, for which neither the programmer, the manufacturer, nor the operator seems to be responsible, has been suspected to generate responsibility gaps. This has been the cause of (...) much concern. In this article, I propose a more optimistic view on artificial intelligence, raising two challenges for responsibility gap pessimists. First, proponents of responsibility gaps must say more about when responsibility gaps occur. Once we accept a difficult-to-reject plausibility constraint on the emergence of such gaps, it becomes apparent that the situations in which responsibility gaps occur are unclear. Second, assuming that responsibility gaps occur, more must be said about why we should be concerned about such gaps in the first place. I proceed by defusing what I take to be the two most important concerns about responsibility gaps, one relating to the consequences of responsibility gaps and the other relating to violations of jus in bello. (shrink)

DNA databases have significant commercial value. Direct-to-consumer genetic testing companies have built databanks using samples and information voluntarily provided by customers. As the price of genetic analysis falls, there is growing interest in building such databases by paying individuals for their DNA and personal data. This paper maps the ethical issues associated with private companies paying for DNA. We outline the benefits of building better genomic databases and describe possible concerns about crowding out, undue inducement, exploitation, and commodification. While certain (...) objections deserve more empirical and philosophical investigation, we argue that none currently provide decisive reasons against using financial incentives to secure DNA samples. (shrink)

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...) is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (shrink)

While different positions on the permissibility of organ markets enjoy support, there is widespread agreement that some benefits to living organ donors are acceptable and do not raise the same moral concerns associated with organ markets, such as exploitation and commodification. We argue on the basis of two distinctions that some benefit packages offered to donors can defensibly surpass conventional reimbursement while stopping short of controversial cash payouts. The first distinction is between benefits that defray the costs of donating an (...) organ and benefits that incentivize donation by offer- ing something in excess of defraying. The second distinction is between benefits that compensate donors and benefits that are non-compensating. We argue that non-compensating benefits are innocent of moral concerns typically associated with controversial cash payouts, and thus may be a morally promising avenue for increasing rates of kidney donation to address the tragic results of undersupply. (shrink)

Jason Brennan and Peter Jaworski argue in recent work that “semiotic” or “symbolic” objections to markets are unsuccessful. I counter-argue that there are indeed some semiotic limits on markets and that anti-commodification theorists are not merely expressing disgust when they disapprove of markets in certain goods on those grounds. One central argument is that, contrary to what Brennan and Jaworski claim, semiotic arguments against markets do not depend fundamentally on meanings that prevail about markets. Rather, they depend on the meanings (...) that attach to various goods, meanings that give us moral bases on which to make judgments about their prospective commodification. (shrink)

Worldwide 1.2 million people are dying from kidney failure each year, and in the USA alone, approximately 100 000 people are currently on the waiting list for a kidney transplant. One possible solution to the kidney shortage is for governments to pay donors for one of their healthy kidneys and distribute these kidneys according to need. There are, however, compelling objections to this government-monopsony model. To avoid these objections, I propose a small adjustment to the model. I suggest we reward (...) kidney sellers with both money and a ceremony that celebrates their noble act. They should, in other words, receive a prize rather than a price. (shrink)

While many argue investment-based criteria for immigration are wrong or at least problematic, skill-based criteria remain relatively uncontroversial. This is normatively inconsistent. This article assesses three prominent normative objections to investment-based selection criteria for immigrants: that they wrongfully discriminate between prospective immigrants that they are unfair, and that they undermine political equality among citizens. It argues that either skill-based criteria are equally susceptible to these objections, or that investment-based criteria are equally shielded from them. Indeed, in some ways investment-based criteria (...) are less normatively problematic than skill-based criteria. Given this analysis, the resistance to investment-based migration criteria, but not to skill-based criteria, is inconsistent. (shrink)

Are there any viable semiotic objections to commodification? A semiotic objection holds that even if there is no independent consequentialist or deontic objection to the marketing of a good—such as that it is exploitative or causes third party harm—there remains a problem with what is said by participating in that market. Recent discussion of semiotic objections have suffered from a basic ambiguity in such talk. As Grice pointed out, there is a difference between saying that smoke on the horizon means (...) fire, and saying that it means there will be war tomorrow. We could say that in the former case smoke indicates fire because of its causal connection with fire, while in the latter case smoke expresses a call to war because that is the non-natural meaning given to it by convention or by its place in a communicative practice. The recent defenses of semiotic objections presented by Anthony Booth, Jacob Sparks, and Mark Wells do not survive this distinction, as they either complain about non-semiotic facts that are indicated rather than expressed by markets, or they complain about semiotic features of markets, but these complaints inevitably collapse into weak consequentialist objections. But this result is not bad for anticommodificationists, as semiotic objections have dialectical disadvantages. (shrink)

When an employee’s off-duty conduct generates mass social media outrage, managers commonly respond by firing the employee. This, I argue, can be a mistake. The thesis I defend is the following: the fact that a firing would occur in a mass social media outrage context brought about by the employee’s off-duty conduct generates a strong ethical reason weighing against the act. In particular, it contributes to the firing constituting an inappropriate act of blame. Scholars who caution against firing an employee (...) for off-duty conduct have thus far focused primarily on due process related issues or legal concerns pertaining to free speech, lifestyle discrimination, and employment at-will. However, these concerns amount to only a partial, and contingent, diagnosis of what is at issue. I argue that even when due process considerations are met, firings in these contexts can be unjustified. Moreover, even if a business is not concerned with the unethical conduct per se, but is rather strictly concerned with PR, the argument I advance nevertheless provides one important ethical reason that counts against firings in mass social media outrage contexts. Given that managers are often under significant pressure to respond swiftly in cases where an employee is at the center of mass social media outrage, it is especially important that scholars begin to clarify the normative issues. This article builds on the burgeoning philosophical literature on the ethics of blame and provides a novel account of a distinctive ethical concern that arises with firings in mass social media outrage contexts. (shrink)

This chapter examines a common objection to sex robots: the symbolic-consequences argument. According to this argument sex robots are problematic because they symbolise something disturbing about our attitude to sex-related norms such as consent and the status of our sex partners, and because of the potential consequences of this symbolism. After formalising this objection and considering several real-world uses of it, the chapter subjects it to critical scrutiny. It argues that while there are grounds for thinking that sex robots could (...) symbolically represent a troubling attitude toward women (and maybe children) and the norms of interpersonal sexual relationships, the troubling symbolism is going to be removable in many instances and reformable in others. What will ultimately matter are the consequences of the symbolism but these consequences are likely to be difficult to ascertain. This may warrant an explicitly experimental approach to the development of this technology. (shrink)

The growth of self-tracking and personal surveillance has given rise to the Quantified Self movement. Members of this movement seek to enhance their personal well-being, productivity, and self-actualization through the tracking and gamification of personal data. The technologies that make this possible can also track and gamify aspects of our interpersonal, romantic relationships. Several authors have begun to challenge the ethical and normative implications of this development. In this article, we build upon this work to provide a detailed ethical analysis (...) of the Quantified Relationship. We identify eight core objections to the QR and subject them to critical scrutiny. We argue that although critics raise legitimate concerns, there are ways in which tracking technologies can be used to support and facilitate good relationships. We thus adopt a stance of cautious openness toward this technology and advocate the development of a research agenda for the positive use of QR technologies. (shrink)

Critics of commodification often claim that the buying and selling of some good communicates disrespect or some other inappropriate attitude. Such semiotic critiques have been leveled against markets in sex, pornography, kidneys, surrogacy, blood, and many other things. Brennan and Jaworski (2015a) have recently argued that all such objections fail. They claim that the meaning of a market transaction is a highly contingent, socially constructed fact. If allowing a market for one of these goods can improve the supply, access or (...) quality of the good, then instead of banning the market on semiotic grounds, they urge that we should revise our semiotics. In this reply, I isolate a part of the meaning of a market transaction that is not socially constructed: our market exchanges always express preferences. I then show how cogent semiotic critiques of some markets can be constructed on the basis of this fact. (shrink)

Jason Brennan and Peter Jaworski reject expressive objections to markets on the grounds that market symbolism is culturally contingent, and contingent cultural symbols are less important than the benefits markets offer. I grant and, but I deny that these points suffice as grounds to dismiss expressive critiques of markets. For many plausible expressive critiques of markets are not symbolic critiques at all. Rather, they are critiques grounded in the idea that some market transactions embody morally inappropriate normative stances toward the (...) goods or services on offer. (shrink)

Martha Nussbaum attempts to improve the clarity of the obscure talk of feminists and conservatives about objectification in connection with sexual matters. Her discussion is a substantial improvement. However, it is inconsistent and opaque, and she continues to apply the pejorative term ‘objectification’ to activities which she herself admits are morally unproblematic and which may even be a joyous part of life. I explain the deficiencies in Nussbaum’s discussion, including the fact that she does not notice the one way of (...) objectification that seems inherently problematic, and I show that casual sex, prostitution and pornography are normally not morally problematic even while they exhibit some of Nussbaum’s ways of objectification. The term ‘objectification’ should be eschewed because it is a barrier to clear thinking. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

This article presents the most important strands of the philosophical debate about markets. It offers some distinctions between the concept of markets and related concepts, as well as a brief outline of historical positions vis-à-vis markets. The main focus is on presenting the most common arguments for and against markets, and on analyzing the ways in which markets are related to other social institutions. In the concluding section questions about markets are connected to two related themes, methodological questions in economics (...) and the topics of business ethics and corporate social responsibility. (shrink)

Philosophy &Public Affairs, Volume 51, Issue 3, Page 234-264, Summer 2023.

In pursuit of a theory of expressive reasons, I focus on the practical rationality of actions such as welcoming, thanking, congratulating, saluting – I label them ‘expressive actions.’ How should we understand the kinds of practical reasons that count in favour of expressive actions? This question is related to the question of how to understand non-instrumental fittingness-type reasons for emotion. Expressive actions often are and should be expressions of emotion. It seems to be an important feature of such actions that (...) the reasons that count in favour of the action are entangled with reasons of fittingness that count in favour of the relevantly connected emotion. But how should we understand this entanglement? I argue that the relevant category of reasons cannot be captured on approaches standard in normative theory. I develop a theory of sui generis expressive reasons. I argue that we have reason to perform actions that mark certain situations that contain some significant value or disvalue, independently of any reason to alter those situations. This is the role of expressive actions. Sui generis reasons for expressive actions are entangled with reasons for relevantly connected emotions because (some) emotions have the same role of marking extraordinary situations. (shrink)

When a symbol is a marker of a primary bearer of value and, secondarily, a bearer of value itself, then it has symbolic value. Philosophers have long been suspicious of symbolic values, often regarding them as illusory or irrelevant. I suggest that arguments against symbolic values either overgeneralize or else require premises that can only be supported if the normative significance of some symbolic considerations is presupposed. Humans need symbols to represent identity facts to themselves and others. Symbolic values thereby (...) contribute to individuals’ control over their own agency. (shrink)

Debunking arguments are arguments that seek to undermine a belief or doctrine by exposing its causal origins. Two prominent proponents of such arguments are the utilitarians Joshua Greene and Peter Singer. They draw on evidence from moral psychology, neuroscience, and evolutionary theory in an effort to show that there is something wrong with how deontological judgments are typically formed and with where our deontological intuitions come from. They offer debunking explanations of our emotion-driven deontological intuitions and dismiss complex deontological theories (...) as products of confabulatory post hoc rationalization. Through my discussion of Greene and Singer’s empirically informed debunking of deontology, I introduce the distinction between two different types of debunking arguments. The first type of debunking argument operates through regular undercutting defeat, whereas the second type relies on higher-order evidence. I argue that the latter type of debunking argument, of which the argument from confabulation is an example, is objectionably sloppy and therefore inadmissible in academic discussion. (shrink)

In several works, Jason Brennan and Peter Martin Jaworski defend the following thesis: If it is permissible to have, use, or exchange something for free, then it is permissible to have, use, or exchange that thing for money. In this paper, I argue that No Limits is false. Moreover, the reasons why it is false reflect many of the complaints made against markets. The paper will proceed as follows: In §1, I summarize Brennan and Jaworski’s position to clarify exactly what (...) a challenge to No Limits requires. In §2, I raise just such a challenge, one which also captures the concern behind some “semiotic objections.” In §3, I offer a modification to No Limits that avoids my objection but, as a result, re-opens the question of whether markets in some of the goods Brennan and Jaworski discuss are permissible. I conclude in §4 by considering a possible response and some thoughts on the dialectic as it stands. (shrink)

“One person, one vote” is wedded to the idea of democracy to such an extent that many would hesitate to refer to a system, which deviated from this, as a democracy. In this paper, I show why this assumption is hard to defend. I do so by pointing to the importance of baseline in justifying a system of “one person, one vote.” The investigation will show that the reasons underlying the most prominent views on democratic inclusion cannot justify “one person, (...) one vote” robustly. This ultimately means that democrats should be less confident in their judgment that 1P1V is a necessary part of democracy. (shrink)

Rational explanation of action out of emotion faces a number of challenges. The Wrong Explanation Challenge says that explaining action out of emotion by reference to a purpose rather than an emotion gets it wrong. The Redundancy Challenge says that if explanation of an action by reference to emotion is sufficient then rational explanation is redundant. And the No Further Justification Challenge says that there is no more to say, at the level of rational explanation, about why people act as (...) they do out of a particular emotion. Furthermore, even if these challenges can be addressed, there is a Problem of Expressive Action, since many actions out of emotion seem unpromising candidates for being guided by normative practical reasons of the prudential, instrumental, deontic or consequentialist sort. In response, I argue that many actions out of emotions should be understood as expressive actions guided by the agent's conception of normative practical reasons: specifically, their conception of expressive reasons. (shrink)

Given the inevitability of scarcity, should public institutions ration healthcare resources so as to prioritize those who contribute more to society? Intuitively, we may feel that this would be somehow inegalitarian. I argue that the egalitarian objection to prioritizing treatment on the basis of patients’ usefulness to others is best thought of as semiotic: i.e. as having to do with what this practice would mean, convey, or express about a person's standing. I explore the implications of this conclusion when taken (...) in conjunction with the observation that semiotic objections are generally flimsy, failing to identify anything wrong with a practice as such and having limited capacity to generalize beyond particular contexts. (shrink)

Semiotic objections to markets urge us not to place a good on the market because of the message that doing so would send. Brennan and Jaworski reject them on the grounds that either the contingent semiotics of a market can be changed or the weakness of semiotic reasons allows them to be ignored. The scope of their argument neglects the impure semiotic objections that claim that the message a market sends causes, constitutes, or involves a nonsemiotic wrong. These are the (...) most compelling class of semiotic objections and are the kind actually advanced in the literature. Rather than focusing on the necessity or contingency of a market's semiotics, we should instead attend to a semiotic objection's most important feature: its purity or impurity. (shrink)

Semiotic objections to market exchange of a good or service maintain that such exchanges signal an inappropriate attitude to the good or to associated individuals, and that this provides a weighty reason against having or participating in such markets. This style of argument has recently come under withering attack from Jason Brennan and Peter Jaworski (2015a, 2015b). They point out that the significance of any market exchange is explained by a contingent semiotic norm. Given the tremendous value that could be (...) realised by markets in, for instance, bone marrow, or kidneys, deferring to such norms across the board would have very significant opportunity costs. In the absence of any rationale for these norms, they should be ignored completely. We provide one important rationale. Unlike many semiotic objections to markets, we provide a broadly consequentialist semiotic argument. We argue that a range of behaviours play important signalling roles in interpersonal social practices; in particular, in practices involving caring, esteem, and testimony. Markets in these behaviours would distort these signals. Moreover, many of the productive advantages yielded by markets rely in turn on positive market norms that also inhibit the signalling behaviours associated with these nonmarket behaviours. We conclude that there will inevitably be trade-offs between the distributive advantages of new markets and these interpersonal social practices. (shrink)

In Markets Without Limits and a series of related papers, Jason Brennan and Peter Jaworski argue that it is morally permissible to buy and sell anything that it is morally permissible to possess and exchange outside of the market. Accordingly, we should open markets in “contested commodities” including blood, gametes, surrogacy services, and transplantable organs. This paper clarifies some important aspects of the case for market boundaries and in so doing shows why there are in fact moral limits to the (...) market. I argue that the case for restricting the scope of the market does not turn on the idea that some things are constitutively non-market goods; it turns instead on the idea that treating some things according to market norms would threaten the realization of particular kinds of human interests. (shrink)

James Stacey Taylor claims that my argument in “Can’t Buy Me Love” is both incomplete and doomed to fail. I grant some of Taylor’s points, but remind him that semiotic objections to the commodification of certain goods are strongest when we think not about individual market transactions, but about what it means for a society to support the market in question.

Jeffrey Moriarty argues that unequal pay for employees who do the same work is not necessarily wrong, but can be wrong if it is discriminatory or deceptive. Moriarty does this in part by stressing that pay should be considered primarily as a price for labor and therefore that our views on price discrimination and unequal pay should mirror each other. In this critique, I argue that Moriarty fails to adequately account for the expressive functions of pay. A pluralist view of (...) pay reveals otherwise overlooked normative concerns regarding pay and cautions against adopting too strong of an analytical connection between price discrimination and unequal pay. (shrink)

Anti-commodification theorists condemn liberal political philosophers for not being able to justify restricting a market transaction on the basis of what is sold, but only on the basis of how it is sold. The anti-commodification theorist is correct that if this were all the liberal had to say in the face of noxious markets, it would be inadequate: even if everyone has equal bargaining power and no one is misled, there are some goods that should not go to the highest (...) bidder. In this paper, I respond to the anti-commodification critique of liberalism by arguing that the political liberal has the wherewithal to account not only for the conditions under which goods should not be sold, but also for what kinds of goods should not be for sale in a market economy. The political liberal can appeal to a principle of equal basic rights, and to one of sufficiency in basic needs and the social bases of self-respect, I argue, to account for what’s problematic about markets in civic goods, necessary goods, and physical goods including body parts and intimate services. (shrink)

We aim to show anti-commodification theorists that their complaints about the scope of the market are exaggerated. There are we agree things that should not be bought and sold but that’s only because they are things people shouldn’t have or do or exchange in the first place. Beyond that we argue there are legitimate moral worries about how we buy trade and sell but no legitimate worries about what we buy trade and sell. In almost every interesting case where they (...) have argued markets are morally impermissible on the contrary we argue such markets are permissible. Where they see the market as having a fundamentally amoral ethos or as tending to corrupt us we see it as moral and morally ameliorative. Where they think the solution is to contract the market we think the solution is to expand it. (shrink)

Entrepreneurs of contested commodities often face stakeholders engaged in market excluding boundary work driven by ethical considerations. For example, the conversion of academic scientific knowledge into technologies that can be owned and sold is a growing global trend and key stakeholders have different ethical responses to this contested commodity. Commercialization of science can be viewed as a good thing because people believe it bolsters economic growth and broadly benefits society. Others view it as bad because they believe it discourages basic (...) research that ought to be freely shared without concern for profit. Taking a descriptive sociological approach, we posit that the stance of a religious tradition toward capitalism will help shape individual scientists’ views on science commercialization and test whether the religious tradition of scientists correlates with their attitude toward the commercialization of science. To maximize variance on the religious tradition dimension, we analyze pooled data from a cross-national survey of university biologists and physicists encompassing France, Hong Kong, India, Italy, Taiwan, Turkey, UK and the USA. We indeed find religious tradition differences. Hindus and scientists with no religious tradition are more likely to agree that commercialization of science “harms a university’s commitment to knowledge production” than Protestants. We end with a discussion on business ethics and the moral limits of the market as well as implications for entrepreneurs of contested commodities. (shrink)

If money is used in a market setting, and if it fulfils its three traditional functions well, this creates normative problems. Arguably, the two most pressing problems linked to markets – inequality and corruption – are partly caused by the prevailing monetary design. Given the history of suggested monetary reforms, one might reasonably hope that, by consciously re-designing the functions of a currency, one might overcome these issues. This essay argues that there are clear moral limits to this. Because of (...) the way inequality and corruption are intertwined via money’s functions, we cannot simultaneously overcome both problems. This also means that even though these problems have monetary causes, they do not have purely monetary solutions, but need to be addressed relying on fiscal or market reform as well. (shrink)

This paper aims to square our considered judgements about the moral significance of healthcare with various empirical and conceptual challenges about its role in a theory of justice. I do so by defending the moral significance of healthcare by reference to a central but neglected dimension – healthcare’s expressive function. Over and above its influence on health outcomes and other metrics of justice (such as opportunity or welfare), and despite its relatively limited impact on population health outcomes, healthcare expresses respect (...) for individuals in a distinctive and morally salient way. Grounding the moral significance of healthcare in this way not only highlights an important distinguishing feature of healthcare, but it also makes our support for healthcare immune from several powerful objections against its significance. This conclusion has important implications for theorists of (health) justice and for political philosophers more widely, highlighting the appropriate role of healthcare within public policy and normative theorising about theories of justice. (shrink)

Proponents of semiotic arguments against the commodification of certain goods face the following challenge: formulate your argument such that it does not appeal to immoral consequences, nor is really an argument showing that we ought to reform the meaning we give to commodification. I here attempt to meet this challenge via appeal to the notion of what I call proto-on-a-par value. Under this construal, the semiotic argument yields that the commodification of certain goods necessarily signals value choice, where value choice (...) ought not to be signaled. (shrink)

Der Aufsatz untersucht, was mit der Metapher von der moralischen "Einbettung" von Märkten gemeint ist. Zunächst werden verschiedene Formen der deskriptiven Einbettung - soziologisch, rechtlich, und institutionell - unerschieden, was zu der These führt, dass kein Markt in einem deskriptiven Sinn „uneingebettet“ ist, und dass die Frage nach Einbettung nicht alleine durch die Betrachtung von Märkten beantwortet werden kann, sondern eine breitere institutionelle Analyse erfordert. Anschließend wird vorgeschlagen, Einbettung im moralischen Sinn als die Forderung nach der Vermeidung verschiedener Formen von (...) Schädigungen zu verstehen, und diese nach dem systematischen Ort der Schädigung und anhand der Kategorien materiell versus immateriell zu kategorisieren. Anschließend werden Hindernisse für die vorgeschlagene Konzeptualisierung und deren praktische Umsetzung diskutiert, nämlich die Frage nach den relevanten Vergleichsmaßstäben und das Problem der Dynamik unbeabsichtigter Folgen, das eine entsprechende Dynamik auch in den Reaktionen auf diese Folgen nötig macht. Der Aufsatz schließt mit Überlegungen zu den Bedingungen der Möglichkeit der normativen Einbettung von Märkten auf nationaler und internationaler Ebene. (shrink)

We sometimes have reasons to perform actions due to what they would communicate. Those who have discussed such reasons have understood what an action ‘communicates’ as what it conventionally expresses. Brennan and Jaworski argue that when a convention ensures that expressing the appropriate thing would be costly, we should change or flout the convention. I argue that what really matters is often what attitudes we indicate rather than conventionally express, using social science to show that indicating our attitudes is often (...) unavoidably costly, and sometimes worth the cost. I use this account to defend communicative arguments for egalitarian distributive policies. (shrink)

Jacob Sparks critiques our recent work on commodification by arguing that purchasing love indicates one has defective preferences. We argue A) it is possible to purchase these things without having defective preferences, B) Sparks has not shown that acting such defective preferences is morally wrong, C) that Sparks’ misunderstands the Brennan–Jaworski Thesis, and so has not produced a counterexample to it, and finally D) that when we examine the processes by which love is gifted, it is unclear whether these processes (...) should be preferred. (shrink)

The renaissance of Aristotelian virtue ethics has produced an extensive philosophical literature that criticizes markets for a lack of virtues. Drawing on Michael Sandel’s virtue-ethical critique of price gouging during natural disasters, we (1) identify and clarify serious misunderstandings in recurring price-gouging debates between virtue-ethical critics and economists. Subsequently, (2) we respond to Sandel’s call for interdisciplinary dialogue. However, instead of solely calling on economics to embrace insights from virtue ethics, we prefer a two-sided version of interdisciplinary dialogue and argue (...) that virtue ethics should embrace economic insights. In particular, we argue that if virtue ethics is to preserve its social relevance under modern conditions, it should re-conceptualize its notion of virtue and re-evaluate the self-interested but effective—and in this sense solidary—help among strangers via markets as virtuous rather than devaluate it as greed, that is, as vicious price gouging. (shrink)

Judging on the basis of standard accounts of commodification, one might reasonably suggest that liberalism intrinsically lacks an adequate theory of commodification. Liberalism, with its commitment to individual choice and to neutrality as regards competing evaluation practices, seems conceptually incapable of identifying or abolishing many significant forms of commodification. This essay aims to refute this claim. It employs a strategy of appealing to the harm principle as grounds for a liberal anti-commodification theory. I claim that we are harmed when we (...) are denied ways to meaningfully engage in certain evaluative practices, ways that depend on evaluations shared with others with whom we stand in meaningful social relationships. Markets can crowd out these shared evaluations, and to this extent cause us psychological harm; this in turn supplies grounds for restrictions on certain markets within a liberal state. (shrink)

Brennan and Jaworski (2018) accuse me of misunderstanding their thesis and failing to produce a counterexample to it. In this Response, I clarify my central argument in “Can’t Buy Me Love,” explain why I used prostitution as an example, and work to advance the debate.

Drawing on empirical evidence in medicine, economics, law, and anthropology, I argue that a market is uniquely capable of meeting the demand for transplantable kidneys, and that it may be arranged so as to operate safely. The welfare gains, expected to accrue to both vendors and recipients, are sufficient to justify sales. Having spelled out the considerations recommending a kidney market, I address the most forceful objections facing the proposal. Despite its currency, the claim that incentives will crowd out altruistic (...) donors and result in a decrease in supply is empirically unsupported and predicated on an implausible view of donorsâ motives. A host of objections claim vendorsâ will not give informed consent. Many such objections identify easily remediable problems, or impose unreasonable standards â standards that would rule out morally permissible kidney donation. And all presuppose a model of morally transformative consent that, I argue, is deficient. Two further challenges point to harms inflicted on those who do not participate in the market. Some claim that those in poverty will be subject to harmful social and legal pressure to vend. This objection fails to distinguish between being pressured to perform a specific act, and being under general economic pressure and having the option to perform an act. It, moreover, presupposes vending more common than is possible. Others worry that the market will give rise to unfair pecuniary externalities. This objection also presupposes that kidney sales will occur more often than is possible. But more importantly, the normative consideration that is supposed to make such externalities especially objectionable, in fact, recommends allowing sales. I also make a political case for kidney sales. I offer an account of the stateâs proper role in the market. I begin with a conception of democratic equality according to which the state is responsible to secure for its citizens the preconditions for democratic participation. I then show that this end would be promoted were the state to end the current prohibition on sales. (shrink)