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)

The present paper argues that a right to work, defined as social and legal guarantees to fair conditions of employment, should be an essential part of a democratic state with market arrangements. This argument proceeds along the following lines. First, I reconstruct an account of rights that defends the “correlativity” thesis of rights and duties. The basic idea is that a social member’s legitimate demand to something of value, such as gainful employment, implies duties on the part of others to (...) respect and fulfill it. These duties include the following with regard to that demand: avoiding actions that cause the harm, protecting it against standard threats, and otherwise providing aid in case it is deprived. Second, I sketch an outline of what a right to work will entail in terms of the correlative duties just described. This means that respect and fulfillment of the demand will require both social members and the democratic state alike to guarantee fair conditions of employment: first, by forbearing from actions that deprive members of access to work; and second, by protecting members against threats of deprivation and aiding them when they are so deprived. Third, I answer some ethical and empirical objections to the idea of a right to work: that it violates the legal rights of owners and employers, fails to impart self-respect, lacks economic efficiency, and erodes human capital by undermining competitive incentives. Finally, I make some concluding observations that a democratic right to work so conceived is ethically and economically superior to alternative arrangements that neither respect nor fulfill these correlative duties to avoid harm, protect against threats, and provide aid in cases of deprivation. (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)

This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is better suited for including (...) same-sex couples where legal benefits and burdens of marriage are at stake. (1) I reconstruct arguments from privacy and the controversial ruling of Bowers v. Hardwick but discount this strategy for problematic legal reasons. (2) In order for equal protection to apply, sexual orientation must meet the criteria of suspect classification that the Court has established. (3) Since sexual orientation meets these criteria, heightened scrutiny should be applied to such legislation on equal-protection grounds. (4) Finally, I rely on some familiar Rawlsian arguments of public justification that demonstrate why this extension of marriage rights is consistent with basic constitutional principles. (shrink)

At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? Are measures such as hate crimes legislation both (...) useful and appropriate in protecting individuals and groups from violence? The present paper aims to address these questions by reconstructing and assessing Judith Butler’s important treatment of speech-acts and hate speech in her book Excitable Speech: The Politics of the Performative. (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)

Does “The Colbert Report” promote democratic values in American political dialogue? If so, does it encourage substantive criticism of political orthodoxy? Or does it just encourage the politics of cynicism, like so many other cable news shows? We claim that Stephen Colbert's style of political satire promotes democratic values of free, open, and critical speech because it reflects an ethical commitment that evokes the earlier spirit of criticism embodied by the ancient Greek philosophical tradition of _parrhesia_, or "speaking the truth" (...) fearlessly in public. (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)