Abstract In this paper, I pursue the question whether extending democratic rights to work is good in the broadest possible sense of that term: good for workers, firms, market economies, and democratic states. The argument makes two assumptions in a broadly consequentialist framework. First, the configuration of any relationship among persons in which there is less rather than more coercion makes individuals better off. Second, extending democratic rights to work will entail costs and benefits to both the power and authority (...) of employers and meaningful work for employees. These costs and benefits cannot be determined in advance because they are largely empirical, but there are still good reasons for expanding worker participation all-things-considered. First, I examine the parallel case for extending democratic rights to the workplace based on several similarities between politics and work organization. In addition, I consider the objections from voluntariness and efficiency. Although both objections raise interesting problems I believe that a properly formulated conception of democratic workplaces can answer them. In the final section, I sketch a minimal conception of these rights at the level of the firm that does not require a large-scale transformation of the market economy. (shrink)

I argue that there is nothing in Kant’s moral theory that legitimates condemnation of same-sex relations and that the arguments from natural ends Kant relies on in doing so are unjustified by the constraints placed upon morality to avoid the empirical determination of judgments. In order to make clear why same-sex activity does not contradict the requirements of the moral law, we need to understand Kant’s account of legitimate sexual activity. I provide this reconstruction in the first section, drawing upon (...) the Lectures on Ethics and Metaphysics of Morals. In the second section, I critique the first kind of argument that grounds Kant’s assessment, that from natural ends. I show how it is based upon underlying teleological premises and raise doubts concerning Kant’s reliance on “regulative ideas” in making a consistent ethical theory. In the third section, I argue that same-sex activity that conforms to the conditions of the moral law, especially given the concepts of consent and reciprocity, are in conformity with Kant’s formal requirement of the law of pure practical reason, and therefore cannot justifiably be condemned on those grounds. Finally, I conclude with some discussion about Rawls and political liberalism. I hope to show how the present Kantian revival in ethical theory can place itself in opposition to the conservative and homophobic hysteria surrounding debates on political and legal issues such as same-sex “marriage.”. (shrink)

Income inequality in democratic societies with market economies is sizable and growing. One reason for this growth can be traced to unequal forms of compensation that employers pay workers. Democratic societies have tackled this problem by enforcing a wage standard that all workers are paid regardless of education, skills, or contribution. This raises a novel question: Should there be equal pay for all workers? To answer it, we need to investigate some factors that are relevant to the unequal conditions of (...) power and authority in which wage offers are made. By clarifying these, we can determine whether wage inequality is morally permissible. If not, then a case might be made to pay all workers the same regardless of education, skills, or contribution. Even if it is permissible, another question worth considering is whether there are limits to how much inequality is acceptable. The argument here proceeds along the following lines. First, I summarize the economic and non-economic factors that determine the value of wages in labor markets. Second, I examine a particular problem that concerns whether the conditions of wage labor are coercive because they restrict alternatives or otherwise include threats to the welfare of workers. If there is coercion, we have good reasons to establish a standard that improve these conditions. Finally, I claim that establishing this standard requires increasing the value of low-wage work. Doing so will not only expand alternatives that are available to these workers, it will also diminish the potential threat to their welfare. (shrink)

In this paper, I examine Foucault’s conception of agency by reconstructing two complementary approaches he takes: the ‘analytics of power’, which examines the relation between norms and practice by charting the institutional development within which a set of norms emerge, and the concept of ‘problematization’, which examines reason-giving practices, or varieties of normative justification that legitimize rational institutions and agents’ participation in them. Contrary to the standard caricature, Foucault’s analysis of the relation between norms and institutions does not merely reduce (...) the former to relations of ‘power’. In short, he also thinks standards of justification are just as revisable as social practices themselves, and the focus here will be on the relation and importance of these two complementary approaches to his critique of normativity. Key Words: agency • critique • Foucault • normativity • social practice. (shrink)

The present paper motivates one possible answer to Kant’s question, “What remains of the Enlightenment?” by reinterpreting the relation between Foucault and critical tradition from Kant to the Frankfurt School. The Enlightenment has left us with “normative superstition,” or a healthy form of skepticism about the justification of modern institutions and ideals. Along these lines, I adopt an interpretation of Foucault that diverges from the standard view. I argue that he shares with his detractors a common heritage of this “critical (...) attitude,” placing him squarely in line with Kant, Hegel, and critical theory generally. If it is possible to view this critical attitude as an expression of Enlightenment-oriented views, then there are reasons to believe that his so-called “postmodernism” is nothing more than hyper-modernism. The lines of this last argument have been made elsewhere, notably in Robert Pippin’s important work, but there is a need to situate Foucault in the unfolding narrative of modernity, rather than label him a hostile opponent to it. In my view, the “Foucault addiction” now so popular is consistent with the critical tradition and the aim of this paper is to develop this claim. (shrink)

Guided by Hegel’s claim that rights are actualized only in the ethical life of the modern state, and that the “abstract spirit of Kant’s cosmopolitanism” is pervasive in Carol Gould’s Globalizing Democracy and Human Rights, Schaff raises a variety of moral, political, and ontological objections to her account of rights. He argues that if we embrace with Gould the idea that people have rights in abstraction, in political communities where they are not practically realized, we unwittingly play into the hands (...) of imperialism cloaked in human rights language—as exemplified by the rhetoric justifying recent U.S. interventions in Afghanistan and Iraq. (shrink)