ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure in order (...) to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (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)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

In Justice as Fairness, Rawls presents a case for property-owning democracy (POD) which heavily depends on a favourable comparison with welfare state capitalism (WSC). He argues that WSC, but not POD, fails to realise ‘all the main political values expressed by the two principles of justice’. This article argues that Rawls’s case for POD is incomplete. He does not show that POD is superior to other conceivable forms of WSC. In order to present a serious contender, I sketch what I (...) call a realistically utopian welfare state (RUWS) that (a) guarantees the fair equality of political liberties and opportunity and that (b) maximises the situation of the worst.-off via a kind of participation income. The main aim of the article is to give credibility to the claim that RUWS is not obviously worse than POD by Rawlsian standards and therefore deserves a fair hearing in further research. (shrink)

ABSTRACT:Singer has recently argued that questions related to corporate governance are beyond the reach of Rawls’s political conception of justice. This is because justice applies to the basic structure of society, understood as society’s legally coercive structures, and because corporate governance cannot be considered part of this structure in political liberalism. This commentary challenges the second part of the argument. First, it suggests that the criterion used to exclude corporate governance from the basic structure—whether employees can exit economic organizations—is not (...) conclusive for corporate governance, notably as institutionalized in corporate law. Second, even if the focus were on corporate governance, it would still be possible to argue that it legally coerces citizens, if not employees, in a relevant way. Thus, the argument is not successful in demonstrating that political liberalism goes beyond its legitimate boundaries when considering that aspects of corporate governance may be matters of justice. (shrink)

Cet article clarifie le statut de l’entreprise par rapport à la structure de base rawlsienne. Ce statut est ambigu, du fait d’incertitudes liées à la conception rawlsienne de l’entreprise ainsi qu’à sa définition de la structure de base. L’article identifie deux représentations principales de l’entreprise chez Rawls : l’une inclusiviste, qui définit l’entreprise comme une entité ontologiquement distincte de la structure de base ; l’autre constitutiviste, qui l’appréhende comme une institution susceptible d’appartenir à la structure de base. L’article recense ensuite (...) différentes interprétations de la structure de base avant d’en proposer une plus large, y intégrant notamment certaines structures informelles. Articulée à la conception institutionnaliste de l’entreprise, cette définition large de la structure de base débouche sur une représentation constitutiviste étendue de l’entreprise, permettant ainsi au libéralisme égalitaire de considérer cette dernière d’un œil plus critique. (shrink)

This article asks whether firms should contribute to the costs of procreation and parenthood. We explore two sets of arguments. First, we ask what the principle of fair play – central in parental justice debates – implies. We argue that if one defends a pro-sharing view, firms are required to shoulder part of the costs of procreation and parenthood. Second, we turn to the principle of fair equality of opportunity. We argue that compensating firms for costs they incur because their (...) employees decide to procreate or parent may undermine some of the incentives leading to (statistical) discrimination in the workplace. (shrink)

This paper discusses what type of sociological context is appropriate for Rawls’ ‘property-owning democracy’. Following certain suggestions offered by Rawls and in the work of Joshua Cohen, it explores, in particular, the kind of fraternity and social interaction suitable for citizens in Rawlsian society and the role of the state in engineering these bonds. Utilising a normative framework based on Rawls’ discussion of a property-owning democracy and various data sets, the paper argues that bonds of social trust, active participation in (...) trade unions and enrolment in public schools, and the use of state policy to organise a mixture of public, cooperative, and private economic institutions would be suitable for a Rawlsian society to adopt because it appears that these structures are favourably connected to the ends of Rawlsian justice. (shrink)

This article asks whether firms should exempt employees when they object to elements of their work that go against their conscience. Fairness requires that we follow the rules of an organization we have joined voluntarily only if these rules express mutual advantage. In corporations, I argue that subordination and exemption provides for mutual advantage better than subordination plus right of exit. This is because agents want to protect their conscientious convictions, even in hierarchical organizations geared towards efficient preference satisfaction. Thus (...) exemptions should be granted in unforeseeable circumstances, provided the costs are limited. (shrink)

This paper assesses employees’ moral agency within corporate capitalism from a politically liberal standpoint. While political liberalism has spelt out its key institutional implications at state level, it has neglected moral agency at work, assuming that a rights-based state that secures freedom of contract, free choice of occupation and a free labour market within a fair context would protect it sufficiently. Yet two features of corporate capitalism constrain employees’ moral agency: the relation of authority that forms part of the work (...) contract and organisations’ fragmented decision-making processes. Both seem at odds with the liberal ideal of allowing people to live by their own conception of the good. Consequently, this paper examines whether political liberalism should recommend greater safeguards for protecting workers’ moral agency. It proposes a criterion for assessing corporate capitalism: the ‘moral space’ defined as the socially shaped opportunities for action that can be enacted or endorsed from a comprehensive perspective. It argues that liberals should favour arrangements that widen workers’ moral space and suggests institutional designs that may achieve this while remaining within liberal boundaries. (shrink)