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 (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

Journal of Political Philosophy, EarlyView.

Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. In the context (...) of the caste system, I argue that commercial facilitators should be banned from allowing customers to filter by caste. The argument is based on two considerations. First, this could mitigate the harmful effects of such discriminatory marriages choices in the (re)production of the oppressive caste system. Second, even if the ban fails in changing behaviour, it serves as an expressive goal of communicating the state's opposition to the caste system. (shrink)