The republican case for workplace democracy is presented and defended from two alternative means of ensuring freedom from arbitrary interference in the firm—namely, the right to freely exit the firm and workplace regulation. This paper shows, respectively, that costless exit is neither possible nor desirable in either perfect or imperfect labor markets, and that managerial discretion is both desirable and inevitable due to the incompleteness of employment contracts and labor legislation. The paper then shows that WD is necessary, from a (...) republican standpoint, if workers’ interests are to be adequately tracked in the exercise of managerial authority. Three important objections are finally addressed— that WD is redundant, that it is unnecessary provided that litigation and unionism can produce similar outcomes, and that it falls short of ensuring republican freedom compared to self-employment. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, such discontinuities (...) fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

The paper discusses the structure, applications, and plausibility of the much-used parallel-case argument for workplace democracy. The argument rests on an analogy between firms and states according to which the justification of democracy in the state implies its justification in the workplace. The contribution of the paper is threefold. First, the argument is illustrated by applying it to two usual objections to workplace democracy, namely, that employees lack the expertise required to run a firm and that only capital suppliers should (...) have a say over the governance of the firm. Second, the structure of the argument is unfolded. Third, two salient similarities between firms and states regarding their internal and external effects and the standing of their members are addressed in order to asses the potential and limits of the argument, as well as three relevant differences regarding the voluntariness of their membership, the narrowness of their goals, and the stiffness of the competition they face. After considering these similarities and differences, the paper contends that the the parallel-case argument provides a sound reason in favor of democracy in the workplace—a reason, however, that needs to be importantly qualified and that is only pro tanto. (shrink)

Self-employment merits protection and promotion, we often hear, because it confers independence from a boss. But what, if anything, is wrong with having a boss? On one of the two views that this chapter inspects, being under the power of a boss is objectionable as such, no matter how suitably checked this power may be, for it undermines workers’ agency. On a second view, which republican theorists favor, what is objectionable is subjection not to the power of a boss as (...) such but to their arbitrary power. The first view is unconvincing, I argue, as it entails (implausibly) that being under the power of others in realms like the family or the state is likewise objectionable as such. And although the second view yields compelling reasons for self-employment, it only does so when employers’ power is not suitably checked. When it is, such reasons are more easily outweighed by competing considerations, like those stemming from the further forms of dependence—on suppliers and purchasers—that self-employment may prompt. (shrink)

This paper examines the link between political liberties and social equality, and contends that the former are constitutive of, i.e. necessary to secure, the latter. Although this constitutive link is often assumed in the literature on political liberties, the reasons why it holds true remain largely unexplored. Three such reasons are examined here. First, political liberties are constitutive of social equality because they bestow political power on their holders, leaving disenfranchised individuals excluded from decisions that are particularly pervasive, coercively enforced, (...) hard to avoid, monopolistic, and final. Second, they are constitutive of social equality due to their positional value, such that those who are denied such liberties are socially downgraded because and to the extent that others enjoy them. Third, they are constitutive of social equality due to their expressive value, in the sense that, by disenfranchising some individuals, the state publicly fails to recognize their equal moral agency. While unpacking these reasons, we address some criticisms of this constitutive link recently raised by Steven Wall and Jason Brennan. (shrink)

Workplace democracy is often defined, and has recently been defended, as a form of intra-firm governance in which workers have control rights over management with no ownership requirement on their part. Using the normative tools of republican political theory, the paper examines bargaining power disparities and moral hazard problems resulting from the allocation of control rights and ownership to different groups within democratic firms, with a particular reference to the European codetermination system. With various qualifications related to potentially mitigating factors, (...) such as workforce and shareholder composition or risk aversion and reallocation, the paper contends that forms of workplace democracy in which workers control and own the firm, such as cooperativism, are preferable to other forms, such as codetermination, in which ownership and control rights are formally separated. (shrink)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation of overtime (...) and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

Despite renewed interest in work, philosophers have largely ignored self-employment. This neglect is surprising, not just because self-employment was central to classic philosophizing about work, but also given that half of the global workforce today, including one in seven workers in OECD countries, are self-employed. We start off by offering a definition of self-employment, one that accounts for its various forms while avoiding misclassifying dependent self-employed workers as independent contractors, and by mapping the barriers to becoming and remaining self-employed (section (...) 2). We then examine five arguments why governments ought to promote self-employment, despite the forgone opportunities to promote employee work instead that this often entails (sections 3-7): the argument from job creation, the argument from job satisfaction, the argument from independence, the argument from occupational freedom, and the argument from subsistence under non-ideal circumstances. Some of these are unconvincing, we argue, but others are not. Although the strength of the latter arguments hangs on various context-dependent conditions, such that they need to be carefully weighed against considerations of efficiency and equality, they nonetheless offer compelling pro tanto reasons to promote, and not just to protect, self-employment. (shrink)

Economic disparities often translate into disparities in political influence, rendering political liberties less worthy to poor citizens than to wealthier ones. Concerned with this, Rawls advocated that a guarantee of the fair value of political liberties be included in the first principle of justice as fairness, with significant regulatory and distributive implications. He nonetheless supplied little examination of the content and grounding of such guarantee, which we here offer. After examining three uncompelling arguments in its favor, we complete a more (...) promising yet less explored argument that builds on the value of self-respect. We first inspect the conditions and duties that securing self-respect entails. We then look into how uneven allocations of the value of political liberties bear, expressively and due to the power imbalances they yield, on such conditions and duties. (shrink)

The paper examines two backward-looking principles about how the costs of mitigating and adapting to climate change should be distributed. According to the polluter pays principle, such costs should be borne by those who caused climate change. According to the beneficiary pays principle, they should be borne by those who have benefited from the activities causing climate change, regardless of whether they took part in such activities or not. The paper unpacks both principles, considers their main problems and contends that, (...) when properly combined, they can address such problems. (shrink)

The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...) to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means. (shrink)

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...) representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)

The paradox of persisting opposition raises a puzzle for normative accounts of democratic legitimacy. It involves an outvoted democrat who opposes a given policy while supporting it. The article makes a threefold contribution to the existing literature. First, it considers pure proceduralist and pure instrumentalist alternatives to solve the paradox and finds them wanting — on normative, conceptual, and empirical grounds. Second, it presents a solution based on a two-level distinction between substantive and procedural legitimacy that shows that citizens are (...) consistent in endorsing the upshot of democratic procedures while opposing it. Third, it unpacks three reasons to non-instrumentally endorse such procedures — namely, the presence of reasonable disagreement, non-paternalism, and the right to democratically do wrong. In so doing, the article shows that those accounts of democratic legitimacy that rely on reasonable disagreement as a necessary condition for democratic procedures being called for are flawed, or at least incomplete, and offers a more complete alternative. (shrink)

Institutions to address short-termism in public policymaking and to more suitably discharge our duties toward future generations have elicited much recent normative research, which this chapter surveys. It focuses on two prominent institutions: insulating devices, which seek to mitigate short-termist electoral pressures by transferring authority away to independent bodies, and constraining devices, which seek to bind elected officials to intergenerationally fair rules from which deviation is costly. The chapter first discusses sufficientarian, egalitarian, and prioritarian theories of our duties toward future (...) generations, and how an excessive focus on the short term in policymaking may hinder that such duties be fulfilled. It then surveys constraining and insulating devices, and inspects their effectiveness to address the epistemic, motivational, and institutional drivers of political short-termism as well as their intra- and intergenerational legitimacy. (shrink)

The brute force concern suggests that self-employment is favorable because being wage-employed entails following directives from an outside source. Gonzalez-Ricoy suggests that there are other instances where following an outside source is favorable, and thus, the brute force concern is no concern at all. In this article, I suggest there to be a difference between those outside directives that are favorable, and wage-employment directives from an employer.