ABSTRACTNoncompete clauses, or agreements by employees to not work for a competitor or start a competing business, have recently faced increased public scrutiny and criticism. This article provides a qualified defense of NCCs. I focus on the argument that NCCs should be banned because they unfairly restrict the options of employees. I argue that this argument fails because it neglects the economist Thomas Schelling’s insight that limiting exit options can be beneficial for a person. This employee-based defense of NCCs does (...) not absolve all their uses, but it does give us a rough test for evaluating the permissibility of NCCs. With this test in hand, I turn to some of the more controversial uses of NCCs. For those who weigh heavily the interests of employees, the question is not whether NCCs, but when. (shrink)

While it is a point of agreement in contemporary republican political theory that property ownership is closely connected to freedom as non-domination, surprisingly little work has been done to elucidate the nature of this connection or the constraints on property regimes that might be required as a result. In this paper, I provide a systematic model of the boundaries within which republican property systems must sit and explore some of the wider implications that thinking of property in these terms may (...) have for republicans. The boundaries I focus on relate to the distribution of property and the application of types of property claims over particular kinds of goods. I develop this model from those elements of non-domination most directly related to the operation of a property regime: (a) economic independence, (b) limiting material inequalities, and (c) the promotion of common goods. The limits that emerge from this analysis support intuitive judgments that animate much republican discussion of property distribution. My account diverges from much orthodox republican theory, though, in challenging the primacy of private property rights in the realization of economic independence. The value of property on republican terms can be realized without private ownership of the means of production. (shrink)

While it is a point of agreement in contemporary republican political theory that property ownership is closely connected to freedom as non-domination, surprisingly little work has been done to elucidate the nature of this connection or the constraints on property regimes that might be required as a result. In this paper, I provide a systematic model of the boundaries within which republican property systems must sit and explore some of the wider implications that thinking of property in these terms may (...) have for republicans. The boundaries I focus on relate to the distribution of property and the application of types of property claims over particular kinds of goods. I develop this model from those elements of non-domination most directly related to the operation of a property regime: (a) economic independence, (b) limiting material inequalities, and (c) the promotion of common goods. The limits that emerge from this analysis support intuitive judgments that animate much republican discussion of property distribution. My account diverges from much orthodox republican theory, though, in challenging the primacy of private property rights in the realization of economic independence. The value of property on republican terms can be realized without private ownership of the means of production. (shrink)

Recent work in republican political theory has identified various forms of domination in the structures and relations of capitalist societies. A notable absence in much of this work is the concept of exploitation, which is generally treated as a predictable outcome of certain kinds of domination. This paper argues that the concept of exploitation can instead be conceived as a form of structural domination, understood in republican terms, and that adopting this conception has important implications for republican attempts to theorize (...) modern capitalist societies. Building on existing domination accounts of exploitation, we argue that exploitation is a form of structurally constituted domination that enables a systemic illegitimate extraction of value. However, in contrast to competing accounts, domination is understood here in the republican terms of subjection to arbitrary power. We show that conceiving of domination in these terms not only makes the concept easily accessible from within a republican framework, but has advantages over competing accounts. Our argument also demonstrates why using the concept of exploitation will be useful for republican theorists. We show that a polity based on exploitative relations of production is antithetical to key republican commitments. These asymmetric power relationships undermine the economic and political independence of citizens and, crucially, constrain the political and economic ends that a polity will be effectively able to pursue. As such, exploitation should be a central preoccupation of republican political economy. (shrink)