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  1. Exploitation and the Desirability of Unenforced Law.Robert C. Hughes - 2024 - Business Ethics Quarterly 34 (3):471-493.
    Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...)
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  • When Workplace Norms Conflict: Using Intersubjective Reflection to Guide Ethical Decision-Making.Tobey K. Scharding & Danielle E. Warren - 2023 - Business Ethics Quarterly 33 (2):352-380.
    We address how to ethically evaluate workplace practices when workplace behavioral norms conflict with employees’ attitudes toward those norms, which, according to research on psychological contract violations, regularly occurs. Drawing on Scanlonian contractualism, we introduce the intersubjective reflection process (IR process). The IR process ethically evaluates workplace practices according to whether parties to a workplace practice have intersubjectively valid grounds to veto the practice. We present normative and empirical justification for this process and apply the IR process to accounts of (...)
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