Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every (...) citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

Is capitalism compatible with democratic equality? Rawls’s critique of welfare-state capitalism implies a negative answer. I argue that Rawls’s critique fails and that welfare-state capitalism can satisfy the demands of democratic equality. I articulate a social democratic interpretation of the ideal of democratic equality and show that it justifies welfare-state capitalism. This argument also implies that welfare-state capitalism can satisfy the demands of democratic equality as interpreted by Rawls’s justice as fairness. So, whether we accept Rawls’s interpretation of democratic equality (...) or the social democratic alternative, welfare-state capitalism can satisfy the demands of democratic equality. (shrink)

John Stuart Mill had strong sympathies with a liberal form of market socialism based on worker-owned and worker-managed firms. He thought that only very few government interventions were needed to trigger a peaceful and spontaneous transition to such an economic system. This article recapitulates his thesis and argument by focusing on his major workPrinciples of Political Economy, which is rather neglected by philosophers, especially in the German-speaking world. I will argue that Mill was too optimistic in his hope for a (...) spontaneous transition without government intervention. Since it is possible to reconstruct how Mill thought this transition would proceed, it is also possible to identify at what point the transition did not advance in the way envisioned by him, but was blocked by antagonistic forces. I will argue that this insight is not only of historical value, but still poses a serious problem for John Rawls’s theory of justice. Rawls follows Mill closely in his discussion of the proper economic system and he faces the same problem of transition. (shrink)

Property-owning democracies combine the regulative and redistributive functions of the welfare state with the governmental aim of ensuring that wealth and capital are widely dispersed. John Rawls, political philosophy’s most famous property-owning democrat, argued that property-owning democracy was one of two regime types that best realized his two principles of justice, though he was notoriously vague about how a property-owning democracy’s institutions are meant to realize his principles. To compensate for this deficiency, a number of Rawlsian political philosophers have tried (...) to add institutional and policy content to the idea. While their efforts have advanced the discussion, few have criticized the soundness of these attempts. This article attempts to fill the void. I claim that, in comparison to welfare-state capitalism, property-owning democracy is both prohibitively impractical and unjust on Rawlsian grounds. I first argue that property-owning democracy is economically ineffective. Even granting the assumptions of Rawlsian ideal theory, property-owning democracies generate bad incentives and face severe information problems in comparison to more market-friendly welfare states. Further, in nonideal theory the motivations of political officials and citizens will likely be corrupted by the temptation to abuse the awesome state power at their disposal. Second, I argue that property-owning democracy is unjust relative to welfare-state capitalism. The three principles used to defend property-owning democracy—the difference principle, the principle of fair equality of opportunity and the “political liberty” proviso—do not vindicate property-owning democracy and may even prohibit it. Welfare-state capitalism does much better. (shrink)

In the view of the Marxist philosopher Domenico Losurdo, liberalism is ‘the most dogged enemy of freedom’. This surprising statement runs contrary to the received wisdom among liberal thinkers. Losurdo and other ‘counter-historians’ of liberalism are very effective at exposing the historical atrocities that liberal states have committed, and which have been supported by liberal philosophers – including slavery, racism, genocide, and the subjugation of the working class. But what implications, if any, does this have for contemporary theory? I will (...) argue that there is an important contemporary variation of this ‘counter-history’. Liberalism-in-practice is currently implicated in various forms of environmental degradation and resulting structural violence against disempowered groups. Moreover, divorcing these failings of liberalism-in-practice from liberalism-in-theory is a challenging philosophical endeavour, because even the philosophy of liberalism has difficulties adjusting to environmental issues. The contemporary version of the counter-history thus presents a powerful although not decisive challenge, one worthy of greater discussion. (shrink)

This paper compares and contrasts the basic income proposal with the alternative policy proposal of the state acting as employer of last resort. Two versions of the UBI proposal are distinguished: one is hard to differentiate from expanded welfare state provision. Van Parijs’s proposal is radical enough to qualify as major egalitarian revision to capitalism. However, while it removes from a capitalist class the power to determine the terms on which others labour, it leaves this class in place and able (...) to exert other powers that distort the macro-economy. These include pecuniary emulation, demand pull inflation, and political resistance to full employment so that the rentier class does not have to contend with entrepreneurs *and* the working class over the distribution of the productive surplus. The state as employer of last resort proposal addresses these deeper issues while also claiming that inflationary pressure will undermine the UBI alternative. (shrink)

John Rawls is frequently perceived as being an advocate for purely redistributive policies designed to mitigate the consequences of a capitalist economy — an assumption I challenge in this article. My objective is to elucidate the biased nature of this view and provide a comprehensive analysis of the transformation of the corporate landscape that a just society would entail within Rawls's framework. Through a meticulous examination of Rawls's delineation of economic regimes, I underscore the profound — and often unsuspected — (...) implications of liberal egalitarianism on corporate ownership and management. Rawls's proposition of a “property-owning democracy” posits that citizens should retain ownership of shares in companies throughout their lifetimes. Liberal socialism implies the nationalization of the means of production and the socialization of their management. (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the normative content (...) needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

In a larger context of an egalitarian project which aims to reformulate capitalism a job guarantee program in the form of a State as an Employer of Last Resort is considered superior to Unconditional Basic Income by many, namely Alan Thomas. This article claims that most of the arguments used to assert the superiority of SELR fail their objective, for the following reasons: first, SELR falls short in its reformulation of capitalism because neither SELR nor UBI alone can euthanize the (...) rentier class. Second, most accounts are based on a flawed assumption that UBI leads to rampage inflation. Third, if macroeconomic considerations are not enough to justify implementing SELR over UBI, then insisting on the superiority of SELR can only stem from two types of moral reasons: on one hand from a perfectionist view of empowering the worst-off through labor and on the other from demands and obligations of reciprocity. We argue that these two moral-based reasons fall short of providing a justification for the superiority of SELR over UBI. We conclude our paper defending the possibility of conciliating the two policies. (shrink)

As is well known, John Rawls opposes the idea and policy of basic income. However, this paper posits that his view of self-respect and activity could accommodate its implementation. Rawls lists the social basis of self-respect in social primary goods as the most important good, but does not assume that it is derived from wage labor alone. It appears that his theory of justice aims to criticize the work-centered (wage-labor) society and to overcome it. Besides, as Rawls desires, for our (...) work to be meaningful and our life worthwhile, we should institutionalize basic income because it can improve workers’ bargaining power and their attitude toward work, in addition to enhancing their leisure time. In this paper, by considering the normative relationship between meaningful work, worthwhile life, and self-respect from a Rawlsian perspective, I inquire into the potential of basic income in his well-ordered society. (shrink)

In my reading of Free Market Fairness, I challenge Tomasi’s key assumption that that we can and should pursue the account of social justice laid down in its essentials by John Rawls, but with this one crucial change, that the ‘economic liberties’ which Rawls excludes from his framework of basic liberties should be included on that list and be appropriately prioritized and protected. I argue that Rawls had very good grounds for excluding the right to own productive capital from his (...) list of basic rights; in short, that such a move would not enhance justice as fairness. Tomasi’s embrace of American capitalism as an approximation of what entrenched economic liberties can be expected to deliver simply makes an incredible claim less plausible. (shrink)

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

Individuals have different experiences of work when they are self-employed, when they perform tasks in the gig economy, and when they follow directives from managers. But such differences are not represented in some of the most prominent non-ideal theories of work. These describe workers as a coherent group, with a position in the structure of the liberal capitalist economy. I present an alternative that does better at acknowledging difference, through a description of work and workers that has greater ‘pluralism’ and (...) less ‘unifying coherence’. Some might insist that their ‘unifying’ description has superior empirical plausibility. But if ‘pluralistic’ descriptions are valid rivals to provide an accurate characterization of our current condition, then we should consider whether their use in theory can serve valuable aims. I identify the distinctive and valuable non-ideal aims – epistemic, evaluative, and normative – that can be pursued with ‘pluralistic’ descriptions of work and workers. (shrink)