Concerns arising from global sociopolitical differences, and increasing economic and health disparities, have brought new considerations to the field of bioethics, both in terms of applications and to foundational concepts such as exploitation and vulnerability.In this paper, we aim to contribute to the discourse on exploitation and vulnerability in a way that reflects such global changes. We will explore the link between vulnerability and exploitation, and argue that exploitation can be understood as taking advantage of vulnerabilities, provided we recognize that (...) vulnerabilities are often embedded within existing structural injustices.We begin by presenting an example of organ trading, which helps to illustrate .. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

Wem wird geglaubt und wem nicht? Wessen Wissen wird weitergegeben und wessen nicht? Wer hat eine Stimme und wer nicht? Theorien der epistemischen Ungerechtigkeit befassen sich mit dem breiten Feld der ungerechten oder unfairen Behandlung, die mit Fragen des Wissens, Verstehens und Kommunizierens zusammenhängen, wie z.B. die Möglichkeit, vom Wissen oder von kommunikativen Praktiken ausgeschlossen zu werden oder zum Schweigen gebracht zu werden, aber auch Kontexte, in denen die Bedeutungen mancher systematisch verzerrt oder falsch gehört und falsch dargestellt werden, in (...) denen manchen misstraut wird oder es an epistemischer Handlungsfähigkeit mangelt. In diesem Buch wird eine Übersicht über die breite Debatte epistemischer Ungerechtigkeit, epistemischer Unterdrückung und epistemischer Gewalt gegeben, in dem unterschiedliche Theorien, die sich auf der Schnittstelle von Gerechtigkeitstheorie und epistemischen Fragen befinden, systematisch und kritisch diskutiert sowie theoretische Vorgänger dieser Theorien beleuchtet werden. (shrink)

This paper examines the nature of friendship and the nature of exploitation, and the intersection of the two phenomena. It argues that because vulnerability is an essential aspect of friendship, the possibility of exploitation is ineliminable in friendship. Considers how we might, nonetheless, reduce our exposure to unfair treatment in friendships.

As political theorists explore work beyond traditional workplaces, how should we understand the vast class of insecure, informal, and unsalaried workers whose existence defies traditional categories of employment? In asking this question, I revisit the political theory of the Marxist feminist and cofounder of the International Wages for Housework movement, Selma James, to explore her “internationalism of the unwaged” and her writings on wagelessness. An example of political theory in service of struggle, James’s internationalism was widely circulated in anticolonial, Black (...) radical, and autonomous Marxist circles in the 1970s. In this article, I argue that it was grounded in three intertwined and mutually reinforcing arguments: an account of how capitalist life is spatially divided into distinct workplaces; an anticapitalist theory of identity that explains social difference as maintained by the international division of labor and labor market hierarchies; and a diagnosis of work organization viewed from the perspective of the wageless worker. I trace how James developed these arguments about the spatial division of labor, hierarchies of identity, and internationalist political struggle and how her view of the common exploitation and division of workers formed the basis of a class-struggle identity politics. Her political theory was an important contribution to women’s international thought and transnational feminist critiques of global forms of domination and exploitation. It also offers a critique of capitalism’s organization of the displacement of work and workers and an account of wagelessness as a work situation, both of which illuminate capitalist organization of work and wageless life today. (shrink)

Some theorists of normative explanation argue that we can make sense of debates between first-order moral theories such as consequentialism and its rivals only if we understand their explanations of why the right acts are right and the wrong acts are wrong as generative (e.g. grounding) explanations. Others argue that the standard form of normative explanation is, instead, some kind of unification. Neither sort of explanatory monism can account for all the explanations of particular moral facts that moral theorists seek (...) to state and defend. This paper argues that we can do better if we accept normative explanatory pluralism, the view that at least some particular explananda in normative inquiry have more than one type of correct complete explanation. Such pluralism is supported by what goes on in actual moral inquiry, parallels an independently plausible form of pluralism about scientific explanation, and can offer principled responses to central objections. (shrink)

How social media impacts the autonomy of its users is a topic of increasing focus. However, much of the literature that explores these impacts fails to engage in depth with the philosophical literature on autonomy. This has resulted in a failure to consider the full range of impacts that social media might have on autonomy. A deeper consideration of these impacts is thus needed, given the importance of both autonomy as a moral concept and social media as a feature of (...) contemporary life. By drawing on this philosophical literature, we argue that autonomy is broadly a matter of developing autonomy competencies, having authentic ends and control over key aspects of your own life, and not being manipulated, coerced, and controlled by others. We show how the autonomy of users of social media can be disrespected and harmed through the control that social media can have over its users’ data, attention, and behaviour. We conclude by discussing various recommendations to better regulate social media. (shrink)

Jason Brennan and Phillip Magness (2018) and (2020) argue that adjuncts are not exploited. We are sympathetic to some of their points. We agree, for example, that certain ways in which adjuncts are compared to sweatshop workers are offensive. For, as Brennan and Magness point out, there are many respects in which adjuncts are much better off than sweatshop workers. However, we show that the core insights of their paper are compatible with the view that adjuncts are exploited. Furthermore, their (...) more general views about exploitation expressed in Cracks in the Ivory Tower actually lend support to the claim that adjuncts are exploited. (shrink)

Social media companies commonly design their platforms in a way that renders them addictive. Some governments have declared internet addiction a major public health concern, and the World Health Organization has characterized excessive internet use as a growing problem. Our article shows why scholars, policy makers, and the managers of social media companies should treat social media addiction as a serious moral problem. While the benefits of social media are not negligible, we argue that social media addiction raises unique ethical (...) concerns not raised by other, more familiar addictive products, such as alcohol and cigarettes. In particular, we argue that addicting users to social media is impermissible because it unjustifiably harms users in a way that is both demeaning and objectionably exploitative. Importantly, the attention-economy business model of social media companies strongly incentivizes them to perpetrate this wrongdoing. (shrink)

Where there is trust, there is also vulnerability, and vulnerability can be exploited. Epistemic trust is no exception. This chapter maps the phenomenon of the exploitation of epistemic trust. I start with a discussion of how trust in general can be exploited; a key observation is that trust incurs vulnerabilities not just for the party doing the trusting, but also for the trustee (after all, trust can be burdensome), so either party can exploit the other. I apply these considerations to (...) epistemic trust, specifically in testimonial relationships. There, we standardly think of a hearer trusting a speaker. But we miss an important aspect of this relationship unless we consider too that the speaker standardly trusts the hearer. Given this mutual trust, and given that both trustees and trusters can exploit each other, we have four possibilities for exploitation in epistemic-trust relationships: a speaker exploiting a hearer (a) by accepting his trust or (b) by imposing her trust on him, and a hearer exploiting a speaker (c) by accepting her trust or (d) by imposing his trust on her. One result is that you do not need to betray someone to exploit him – you can exploit him just as easily by doing what he trusts you for. (shrink)

It is widely thought that firms that employ workers in “sweatshop” conditions wrongfully exploit those workers. This claim has been challenged by those who argue that because companies are not obligated to hire their workers in the first place, employing them cannot be wrong so long as they voluntarily accept their jobs and genuinely benefit from them. In this article, I argue that we can maintain that at least many sweatshop employees are wrongfully exploited, while accepting the plausible claim at (...) the core of many defenses of sweatshops, namely that engaging in a voluntary and mutually beneficial transaction with a person in need cannot constitute morally worse treatment of that person than doing nothing at all to benefit her. We can do this, I claim, by accepting that wealthy multinational corporations have positive duties to employ or otherwise benefit the global poor. I argue that these duties can be plausibly grounded in the fact that potential sweatshop workers are victims of global structural injustice, from which multinational corporations typically benefit. (shrink)

Journal of Social Philosophy, EarlyView.

In a market economy, members of professions—or at least those for whom their profession is a vocation—are vulnerable to a distinctive kind of objectionable exploitation, namely the exploitation of their vocational commitment. That they are vulnerable in this way arises out of central features both of professions and of a market economy. And, for certain professions—the care professions—this exploitation is particularly objectionable, since, for these professions, the exploitation at issue is not only exploitation of the professional’s vocational commitment but also (...) of her even more basic commitment to morality. (shrink)

If Third World women form ‘the bedrock of a certain kind of global exploitation of labour,’ as Chandra Mohanty argues, how can our theoretical definitions of exploitation account for this? This paper argues that liberal theories of exploitation are insufficiently structural and that Marxian accounts are structural but are insufficiently intersectional. What we need is a structural and intersectional definition of exploitation in order to correctly identify global structural exploitation. Drawing on feminist, critical race/post-colonial and post-Fordist critiques of the Marxist (...) definition and the intersectional accounts of Maria Mies and Iris Marion Young, this paper offers the following definition of structural exploitation: structural exploitation refers to the forced transfer of the productive powers of groups positioned as socially inferior to the advantage of groups positioned as socially superior. Global structural exploitation is a form of global injustice because it is a form of oppression. (shrink)

This paper reviews the recent literature on exploitation. It distinguishes between three main species of exploitation theory: teleology-based accounts, respect-based accounts, and freedom-based accounts. It then addresses the implications of each.

Is exploitation always unjust? Is it by definition unjust? If we answer both these questions negatively, as I do, then we need to ask: when is exploitation unjust and when is it not? Exploitation is the use of a vulnerability for the exploiter's ends. This is sometimes morally wrong, even when it is not unjust. But it is unjust when it violates the exploited person's rightful freedom. When is labor for hire exploitative? Whenever the terms of the labor contract permit (...) either the employer or the employee to make use of the vulnerability of the other. But when is such exploitation unjust? When it involves the ownership by either of the conditions of life of the other, because then one is in a position of control over the other and deprives the other of a free mode of life. In capitalist wage labor, this is often the case—the employer, or a class to which the employer belongs, owns the conditions of life for the employed. When this is so, the employed do not have the free life which is basic to human rights. (shrink)

Concern for human vulnerability seems to be at the heart of bioethical inquiry, but the concept of vulnerability is under-theorized in the bioethical literature. The aim of this article is to show why bioethics needs an adequately theorized and nuanced conception of vulnerability. We first review approaches to vulnerability in research ethics and public health ethics, and show that the bioethical literature associates vulnerability with risk of harm and exploitation, and limited capacity for autonomy. We identify some of the challenges (...) emerging from this literature: in particular, how to reconcile universal human vulnerability with a context-sensitive analysis of specific kinds and sources of vulnerability; and how to reconcile obligations to protect vulnerable persons with obligations to respect autonomy. We then briefly survey some of the theoretical resources available within the philosophical literature to address these challenges, and to assist in understanding the conceptual connections between vulnerability and related concepts such as harm, exploitation, needs, and autonomy. We also sketch out a taxonomy of sources and kinds of vulnerability. Finally, we consider the implications for policy evaluation of making vulnerability an explicit and central focus of bioethics. Our investigation is in the form of a broad survey motivating a research agenda rather than a detailed analysis. (shrink)

According to some accounts of exploitation, most notably Ruth Sample’s degradation-based account and Robert Goodin’s vulnerability-based account, exploitation occurs when an advantaged party fails to constrain their advantage in light of another’s disadvantage, regardless of the cause of this disadvantage. Because the duty of constraint in these accounts does not depend on the cause of the disadvantage, the advantaged’s duty of constraint is what I call a ‘come-what-may’ duty. I show that come-what-may duties create moral hazards that can themselves be (...) exploited by the disadvantaged parties. In such cases these accounts of exploitation are either self-frustrating or over-demanding. (shrink)

In this paper we distinguish two competing conceptions of dignity, one recognizably Hobbesian and one recognizably Kantian. We provide a formal model of how decision-makers committed to these conceptions of dignity might reason when engaged in an economic transaction that is not inherently insulting, but in which it is possible for the dignity of the agent to be called into question. This is a modified version of the ultimatum game. We then use this model to illustrate ways in which the (...) Kantian evaluative standpoint enjoys a kind of internal stability that the Hobbesian framework lacks. Our interpersonal argument shows that, under certain conditions, Hobbesians prefer to cultivate Kantian commitments in others and promote the presence of Kantians in the population. Our intrapersonal argument shows that agents who are conflicted between Kantian and Hobbesian commitments have powerful reasons not to resolve this commitment in favour of Hobbesian values. Our emulation argument illustrates that in repeated versions of the ultimatum game, the Hobbesian chooses to behave like a Kantian, including publicly repudiating her Hobbesian commitments. Here again, however, the Hobbesian is able to achieve a desired benefit only on the condition that there are genuine Kantians in the population. Finally, our social planning argument explores the reasons why a community of Hobbesians would opt to enshrine a Kantian conception of dignity into law. The paper concludes with some remarks about the policy implications of this work. The value or worth of a man is, as for all other things, his price, that is to say, so much as would be given for the use of his power; and therefore is not absolute, but a thing dependent on the need and judgement of another... The public worth of a man, which is the value set on him by the Common-wealth, is that which men commonly call DIGNITY. Hobbes, _Leviathan X_, 16. (shrink)

This paper examines the moral force of exploitation in developing world research agreements. Taking for granted that some clinical research which is conducted in the developing world but funded by developed world sponsors is exploitative, it asks whether a third party would be morally justified in enforcing limits on research agreements in order to ensure more fair and less exploitative outcomes. This question is particularly relevant when such exploitative transactions are entered into voluntarily by all relevant parties, and both research (...) sponsors and host communities benefit from the resulting agreements. I show that defenders of the claim that exploitation ought to be permitted rely on a mischaracterization of certain forms of interference as unjustly paternalistic and two dubious empirical assumptions about the results of regulation. The view I put forward is that by evaluating a system of constraints on international research agreements, rather than individual transaction-level interference, we can better assess the alternatives to permitting exploitative research agreements. (shrink)

The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources (...) are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: - Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. - With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). - Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement. (shrink)

What conditions of vulnerability must an individual face in order that we might ever correctly say that she or he has been wrongfully exploited? Mikhail Valdman has recently argued that wrongful exploitation is the extraction of excessive benefits from someone who cannot reasonably refuse one’s offer. So, ‘being unable to reasonably refuse an offer’ is Valdman’s answer to this question. I will argue that this answer is too narrow, but that other competing answers, like Alan Wertheimer’s, are too broad. I (...) propose a new answer, a “vulnerability clause” to partially comprise a theory of wrongful exploitation. In so doing, I appeal to Marilyn Frye’s account of oppression and take guidance from her inclusion and exclusion criteria. (shrink)

ABSTRACT:This article considers the economic case for so-called sweatshop wages and working conditions. My goal is not to defend or reject the economic case for sweatshops. Instead, proceeding from a broadly pluralist understanding of value, I make and defend a number of claims concerning the ethical relevance of economic analysis for values that different agents utilize to evaluate sweatshops. My arguments give special attention to a series of recent articles by Benjamin Powell and Matt Zwolinski, which represent the latest and (...) best defense of the economic case for sweatshops. In the process, I challenge Zwolinski’s “non-worseness claim”, and the idea that opposition to sweatshop wages and working conditions fails to respect that the autonomy of would-be sweatshop workers. Ultimately, I conclude that even if the economic case for sweatshops rests on a solid empirical foundation, agents possess good reason to advocate for better wages and working conditions for sweatshop workers, and to prefer less exploitative or coercive relationships. Sweatshop labor undermines a compelling vision of free markets, according to both Kantian and republican conceptions of freedom, and the relationships formed by those who participate in such markets. (shrink)

Does the fact that humans are vulnerable, needy and dependent beings play an important role in Kantian ethics? It is sometimes claimed that it cannot and does not. I argue that it can and does. I distinguish between broad (all persons are vulnerable) and narrow (only some persons are vulnerable) senses of vulnerability, and explain the role of vulnerability in both senses in Kantian ethics. The basis of this argument is to show that the core normative focus of Kantian ethics (...) is on the dignity that human beings have in virtue of their capacity for rational agency. This implies that the empirical conditions under which human beings can acquire, sustain, exercise, and develop their rational capacities are of core moral importance in Kantian ethics. This explains why human vulnerabilities, including the vulnerability of human bodies, are important in Kantian ethics, since rational capacities in human agents (and the bodies those rational capacities depend upon) are highly vulnerable in all persons (vulnerability in the broad sense) and especially vulnerable in some sub-groups of persons (vulnerability in the narrow sense). (shrink)

Exploitation is interacting with another in a way that takes unfair advantage of that person. Exploitation is thought to be morally wrong even when it would bring about the best attainable outcome, hence conflicts with the consequentialist morality that holds one ought always to do whatever would bring about the best outcome. This essay aims to reconcile norms against exploitation and act consequentialism. A puzzle about exploitation is raised and resolved.

Abstract According to Habermas' colonization thesis, reification is a social pathology that arises when the communicative infrastructure of the lifeworld is 'colonized' by money and power. In this paper I argue that, thirty years after the publication of the Theory of Communicative Action, this thesis remains compelling. However, while Habermas offers a functionalist explanation of reification, his normative criticism of it remains largely implicit: he never explains what is wrong with reification from the perspective of the people whose social relations (...) are reified. As a result, Habermas cannot explain why only some forms of colonization lead to reification effects. In particular, he suggests that reification effects result from the juridification of communicatively structured domains of action but not from the commodification of labour power. I criticize this argument and suggest that if the normative dimension of the colonization thesis is made explicit, a more nuanced explanation of reification becomes possible. (shrink)

During the last decade, scholarly criticism of sweatshops has grown increasingly sophisticated. This article reviews the new moral and economic foundations of these criticisms and argues that they are flawed. It seeks to advance the debate over sweatshops by noting the extent to which the case for sweatshops does, and does not, depend on the existence of competitive markets. It attempts to more carefully distinguish between different ways in which various parties might seek to modify sweatshop behavior, and to point (...) out that there is more room for consensus regarding some of these methods than has previously been recognized. It addresses the question of when sweatshops are justified in violating local labor laws. And it assesses the relevance of recent literature on coercion and exploitation as it applies to sweatshop labor. It concludes with a list of challenges that critics of sweatshops must meet to productively advance the debate. (shrink)

A longstanding debate exists in both academic literature and popular culture about whether non-informative marketing tactics are manipulative. However, given that we tend to believe that some marketing tactics are manipulative and some are not, the question that marketers, their critics, and consumers need to ask themselves is that of how to actually determine whether any particular marketing tactic is manipulative and whether a given manipulative tactic is, in fact, immoral. This article proposes to operationalize criteria that can be used (...) by marketers for making such determinations and attempts to provide some clarification toward our under- standing of the concept of manipulation and the conditions for the moral acceptability of manipulative marketing practices. It argues that a marketing tactic is manipulative if it is intended to motivate by undermining what the marketer believes is his/her audience’s normal decision-making process either by deception or by playing on a vulnerability that the marketer believes exists in his/her audience’s normal decision-making process. Such a tactic is morally objectionable on several grounds, which make it morally impermissible unless outweighed by sufficient “redemptive” moral considerations. (shrink)

Research Articles Matt Zwolinski, Social Philosophy and Policy, FirstView Article.

Human beings are essentially vulnerable in the view that their existence qua humans is not given but construed. This vulnerability receives basic protection from the State, expressed in the form of the universal rights all citizens are meant to enjoy. In addition, many individuals fall prey to destitution and deprivation, requiring social action aimed at recognising the specific harms they suffer and providing remedial assistance to palliate or remove their plights.Citizens receive protection against their biologic vulnerability by means of an (...) in rem right to health [care], which is more an attitude of protection than a specific programme. When individuals become susceptible, that is, biologically weak or diseased, they also increase their predisposition to additional harm, and require social actions to treat their demeaned condition. Such assistance takes the form of positive healthcare rights.Research on human beings has been slow to observe that the subjects recruited are susceptible, especially so if research is done in less developed countries. By mislabelling them as vulnerable – a characteristic they share with all humans – sponsors avoid registering the deprivation these people suffer, and the ethical obligation to offer them remedial help.The distinction between vulnerability and susceptibility also marks the difference between being intact but fragile – vulnerable – and being injured and predisposed to compound additional harm – susceptible. Awareness of this difference should give additional force to the rejection of double standards in research ethics. (shrink)

My primary aims in this paper are to explain what exploitation is, when it’s wrong, and what makes it wrong. I argue that exploitation is not always wrong, but that it can be, and that its wrongness cannot be fully explained with familiar moral constraints such as those against harming people, coercing them, or using them as a means, or with familiar moral obligations such as an obligation to rescue those in distress or not to take advantage of people’s vulnerabilities. (...) Its deepest wrongness, I argue, lies in our moral obligation not to extract excessive benefits from people who cannot, or cannot reasonably, refuse our offers. (shrink)

The notion that exploitation consists in taking wrongful advantage of another’s vulnerability is widespread in the philosophical literature. Considering the popularity of this view, it is disappointing to find that very few authors attempt to provide substantive accounts of characteristics they consider relevant vulnerabilities (i.e., those pertinent to exploitation), as well as of relevant features which make taking advantage of those vulnerabilities wrongful. In this paper, I analyze the few approaches (notably those presented by Ruth Sample and Robert Goodin) that (...) in fact provide such accounts, and I examine whether and how they pertain to exploitation in general, as well as to exploitation in more personal/intimate relationships. I conclude that these vulnerability-based accounts of exploitation are either too vague or too restrictive, since they tend to leave out many instances of exploitation (especially those within personal and intimate relationships), and are as such inadequate. (shrink)

When discussing exploitation, we often say things like this, “sweatshop laborers have terrible working conditions and are paid almost nothing, but they are better off with that labor than with no labor.” Similarly, in describing the Non-Identity Problem, Derek Parfit points out: we cannot say that the individuals born in future generations are worse off because of our destructive environmental policies because the particular people living in those future generations wouldn’t even exist if it were not for these destructive policies. (...) How can we explain these cases, exploitation and environmental destruction, as ones of wrongdoing when the victims in both cases are no worse off than they would have otherwise been? This paper investigates the link between these two moral puzzles and ultimately uses one to solve the other: an exploitation solution to the Non-Identity Problem. (shrink)

Jules Salomone-Sehr argues that an activity is cooperative if and only if, roughly, it consists of several participants’ actions that are (i) coordinated for a common purpose (ii) in ways that do not undermine any participant’s agency. He argues that guidance by shared intention is neither necessary nor sufficient for cooperation. Thereby, he claims to “topple an orthodoxy of shared agency theory." In response, we argue that Salomone-Sehr’s account captures another notion of cooperation than the sociopsychological notion shared agency theory (...) has focused on. Furthermore, we argue that Salomone-Sehr’s interpretation of (ii) is too demanding; it implausibly makes cooperation incompatible with exploitation. (shrink)

One common objection to establishing regulated live donor organ markets is that such markets would be exploitative. Perhaps surprisingly, exploitation arguments against organ markets have been widely rejected in the philosophical literature on the subject. It is often argued that concerns about exploitation should be addressed by increasing the price paid to organ sellers, not by banning the trade outright. I argue that this analysis rests on a particular conception of exploitation, and outline two additional ways that the charge of (...) exploitation can be understood. I argue that while increasing payments to organ sellers may mitigate or eliminate fair benefits exploitation, such measures will not necessarily address fair process exploitation or complicity in injustice. I further argue that each of these three forms of wrongdoing is relevant to the ethics of paid living organ donation, as well as the design of public policy more generally. (shrink)

This article explores the controversial practice of transnational gestational surrogacy and poses a provocative question: Does it have to be exploitative? Various existing models of exploitation are considered and a novel exploitation-evaluation heuristic is introduced to assist in the analysis of the potentially exploitative dimensions/elements of complex health-related practices. On the basis of application of the heuristic, I conclude that transnational gestational surrogacy, as currently practiced in low-income country settings , is exploitative of surrogate women. Arising out of consideration of (...) the heuristic's exploitation conditions, a set of public education and enabled choice, enhanced protections, and empowerment reforms to transnational gestational surrogacy practice is proposed that, if incorporated into a national regulatory framework and actualized within a low income country, could possibly render such practice nonexploitative. (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)

This paper argues that two single-factor accounts of exploitation are inadequate and instead defends a two-factor account. Purely distributive accounts of exploitation, which equate exploitation with unfair transaction, make exploitation pervasive and cannot deliver the intuition that exploiters are blameworthy. Recent, non-distributive alternatives, which make unfairness unnecessary for exploitation, largely avoid these problems, but their arguments for the non-necessity of unfairness are unconvincing. This paper defends a two factor account according to which A exploits B iff A gains unfairly from (...) B and either A believes that the gains he receives in the transaction wrong B, or A is culpably unaware that the gains he receives in the transaction wrong B. This account avoids the problems of non-distributive approaches and also delivers the intuition that exploiters are blameworthy. (shrink)

Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to (...) benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries. (shrink)

Phase 1 healthy volunteer clinical trials—which financially compensate subjects in tests of drug toxicity levels and side effects—appear to place pressure on each joint of the moral framework justifying research. In this article, we review concerns about phase 1 trials as they have been framed in the bioethics literature, including undue inducement and coercion, unjust exploitation, and worries about compromised data validity. We then revisit these concerns in light of the lived experiences of serial participants who are income-dependent on phase (...) 1 trials. We show how participant experiences shift attention from discrete exchanges, behaviors, and events in the research enterprise to the ongoing and dynamic patterns of serial participation in which individual decision-making is embedded in collective social and economic conditions and shaped by institutional policies. We argue in particular for the ethical significance of structurally diminished voluntariness, routine powerlessness in setting the terms of exchange, and incentive structures that may promote pharmaceutical interests but encourage phase 1 healthy volunteers to skirt important rules. (shrink)

Kantian socialists at the turn of the twentieth century, as well as contemporary authors seeking a principle with which to condemn capitalism, have turned to Kant’s Formula of the End in Itself. This article assesses the arguments from FEI against capitalism from the perspective of the issues that arise in interpreting and applying Kant’s formula. There are various strategies with which a Kantian might use FEI to condemn conduct that Kant did not use FEI to condemn. The article asks whether (...) any of the existing arguments from FEI employ plausible versions of these strategies to derive a strict duty from that formula’s Never Merely as a Means principle that condemns capitalism. (shrink)

In this thesis I present a rights-based theory of exploitation. I argue that successful conceptions of exploitation should begin with the ordinary language claim that exploitation involves `taking unfair advantage'. Consequently, they must combine an account of what it means to take advantage of another with an account of when transactions are unfair. Existing conceptions of exploitation fail to provide adequate accounts of both aspects of exploitation. -/- Hillel Steiner and John Roemer provide convincing accounts of the unfairness involved in (...) exploitation, but because they fail to provide restrictive `advantage taking' conditions, their theories of exploitation include cases that we would not ordinarily describe as exploitations. Ruth Sample and Robert Goodin provide accounts that place a stronger emphasis on the attitudes involved in exploitation and the processes that bring it about. Unfortunately, these theories do not properly incorporate the unfairness aspect of exploitation. Consequently, they are either self-frustrating or incomplete. -/- I provide a conception of exploitation that combines both aspects. I claim that a bilateral, strictly Pareto improving, and voluntary transaction t between A and B is exploitative just in case (1) there exists an unrectified property rights violation at some point in the history of exchanges leading to t that (2) reduces B's bargaining power by altering her status quo point, and (3) the degree to which B's preferences are satisfied in t is less than it would be had B's bargaining power not been reduced (by the alteration of her status quo point). Further, (4a) A's egoistic preferences are better satisfied in t because B's bargaining power is limited, and (4b) if the previous conditions also hold for A, then the reduction in A's bargaining power is less than the reduction in B's bargaining power. Finally, (5) A truly believes the previous conditions hold. (shrink)

In this paper, I argue that the principle of fairness can license both a duty of fair play, which is used to ground a moral duty to obey the law in just or nearly just societies, and a duty of resistance to unfair and unjust social schemes. The first part of the paper analyzes fairness’ demands on participants in mutually beneficial schemes of coordination, and its implications in the face of injustice. Not only fairness does not require complying with unfair (...) and unjust social schemes, but it also prohibits benefiting from such schemes. I use the case of racial segregation in the U.S. to illustrate this latter argument, and consider some objections to my investigation, given the availability and straightforwardness of justice. The second part of the paper elaborates the argument for the duty to resist. The Radical Reform argument first establishes, by elimination of the alternatives (exit and restitution), that the principal way for citizens to cease benefiting from an unfair and unjust social scheme is to radically reform it. The Resistance Argument then shows that resistance is crucial to bring about reform, so that one ought to resist unfair and unjust schemes from which one benefits. Next, I offer two arguments for collective resistance and political solidarity, one based on empirical considerations and the other based on fairness. Finally, I consider the costs of the resistance efforts which fairness may require. (shrink)