This paper explores connections between social rights and labour rights within a human rights framework. Social human rights tend to be marginalized both in philosophical debates about human rights and international human rights doctrine and practice. This paper brings social human rights into focus and argues that they play an important though neglected role in shaping the content of labour human rights, in particular the human right to just and favourable (...) conditions of work. The implications for the content of this right are elaborated, and the paper concludes with some reflections on the relevance of social human rights in recent struggles for stable and predictable working hours. (shrink)

The existence of child labor in developing countries like Bangladesh is undoubtedly a serious problem in the era of sustainable development. Undoubtedly to abolish child labor from all level is not so easy. The current study was intended to assess the livelihoods pattern and causes of being involved as child labor in Jhenaidah city-Bangladesh and to find out the ways in which child labor can be diminished gradually. This study was exploratory in nature where convenience sampling was adapted, seventy-five children (...) aged less than 18 years were interviewed with an interview schedule. The extent and prevalence of child labour in a country are being considered as a significant indicator of how far-off that country stays away from the overall sustainable development. The results of this study demonstrate that the majority (17/22.67%) children engaged in performing work in shops or hotels. The X2 (p<0.5) results elucidate that there exists gender difference in child abuse and harassment. The rate of physical and mental abuse and torture was higher in male children, in contrast, the prevalence of sexual harassment and abuse by slung was significantly higher in female children. The working hours as an average above 7 hours or more, and per day wage of children in Jhenaidah found just above 1.4$ (120 BDT). The principal component analysis indicates that lack of parental employment facilities which has directly related to poverty found as the foremost reasons for a child to make involvement as labour before completing age 18, this result is not only applicable for Jhenaidah but also possibly applicable for all developing countries. Besides, father’s education and death of mother were the important indicators of being child laborer. The ways of eliminating child labour are not so easy task because the problem has been indissolubly embedded in our society for long. Hence, it requires moral, political will and commitment from all people in the society for ending and eradicating child labour. Alongside all these, international organizations must make sure their robust participation in enhancing this process. (shrink)

The process of economic globalization has over the years accelerated the pace of labour policy convergence. In the Indian context, labour law since 1991 has witnessed a paradigm shift while embracing a policy of global integration. The ambit of labour relations is now being related with private practice or the informal settings, leading to multiple concerns over labour justice and security. In compliance with global standards, the continuous emphasis upon labour flexibility characterised by flexible (...) class='Hi'>labour employment, performance based remuneration, increasing portion of casual labour, has raised several concerns. This paper is an attempt to highlight the attempted and achieved labour law policy convergence in India, coupled with a few suggestions for balance in global national comittments towards labour welfare. (shrink)

There is no doubt that Immanuel Kant has a woman problem. His anthropo-logical studies of women are full of cutting remarks, and despite a generation offeminist Kantian scholarship, it is an open question whether he meant to include women as full, equal agents in either his moral or political philosophy. Those who engage this question within Kant’s political philosophy ask whether or not women can “work their way up” to full, active citizenship. If women can achieve equality in this way, (...) the argument goes, then we can solve Kant’s woman problem. But this approach, I argue, asks the wrong question. It focuses on the status of wives rather than on the structure of the domestic sphere as a whole, and therefore obscures the ways in which the valuation of domestic space and reproductive labor shape access to rights and equality in Kant’s political philosophy. I will argue that this approach misses the deeper structural and gendered inequalities built into Kant’s conception of the state. Re-examining Kant’s “woman problem” points us toward a larger problem with labor and inequality in the Kantian state: Kant’s map of the rightful institutional order normatively requires that someone do the dependency work that makes independence possible. (shrink)

This paper offers a justification of labor rights based on an interpretation of the idea of human dignity. According to the dignitarian approach, we have reason to organize social life in such a way that we respond appropriately to the valuable capacities of human beings that give rise to their dignity. That dignity is a deontic status in virtue of which people are owed certain forms of respect and concern. Dignity at work involves the treatment of people in accordance (...) to the ideal of solidaristic empowerment as it pertains to their life as workers. This requires that we generate feasible and reasonable social schemes to support each other as we pursue the development and exercise of our valuable capacities to produce in personally and socially beneficial ways. The spectrum of dignitarian justice goes from basic rights to decent working conditions to maximal rights to flourish in working practices that are free from domination, alienation, and exploitation. (shrink)

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...) purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

Many approaches to addressing labour injustices—shortfalls from minimally decent wages and working conditions— focus on how governments should orient themselves toward other states in which such phenomena take place, or to the firms that are involved with such practices. But of course the question of how to regard such labour practices must also be faced by individuals, and individual consumers of the goods that are produced through these practices in particular. Consumers have become increasingly aware of their connections (...) to complex global production processes that often involve such injustice. For example, activist campaigns have exposed wrongful harm in factories producing clothes, shoes and mobile phones and farms producing coffee, tea and cocoa. These campaigns have promoted the message to ordinary people that by becoming connected to unjust labour practices through their purchasing behaviour, they acquire special additional moral responsibilities to contribute to reforming such practices, or to address the hardships suffered by the victims of the wrongdoing that result from them. The moral significance of the responsibilities of individual consumers has not, however, received much analytical scrutiny. Why should we believe that there are such responsibilities? And if there are such responsibilities, what are their grounds? How stringent are the responsibilities triggered by such connections? Finally, what are the implications of such responsibilities—the courses of action that they prescribe or proscribe? The activists who assert special ethical responsibilities for consumers have promoted many particular courses of action, but have seldom articulated the grounds of these responsibilities or explained why they should be taken to be stringent. And moral and political theorists have not devoted much focussed attention to this issue. For the consumer who is concerned to act in a morally permissible way, this presents a troubling practical challenge regarding the goods they may (or may not) purchase, and the moral relevance of their consumption choices more generally. While we cannot address all of these pressing questions in this chapter, we try to make some headway with them by discussing two general approaches to the question of how individuals should conceive of their responsibilities with respect to such practices, taking as our starting point the recent work of the late Iris Marion Young—the most sustained treatment of this topic by a prominent political theorist. In a series of influential articles and a posthumously published book, Young articulated an approach to conceiving of individual responsibilities to address labour injustices—the social connection model—at home and abroad. She also argued that an alternative model—the liability model—which she claimed had dominated discourse on this topic, suffered from very serious flaws. In a critical vein, we will argue that Young’s arguments against the liability model are not convincing, and that the alternative she proposes is itself vulnerable to some damaging objections. We also find, however, that the liability model would need to be extended in various ways to provide an adequate account of individual responsibility to address shortfalls from minimally decent wages and working conditions, and we begin the task of sketching an extended framework. (shrink)

This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a (...) Lockian spirit, which will require strange metaphysical moves. The final Section raises further objections that are more significant because they cannot be squared with the labour view. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at (...) stake. I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

This paper explores the significance of dignity for our understanding of the rights of workers. It surveys important uses of the idea of dignity in several discursive contexts, and offers an interpretation that illuminates the content, scope, and normative force of labor rights. The discursive contexts considered include human rights, socialism, Kantian practical philosophy, and Christian social thought. The interpretation of dignity offered illuminates basic rights to decent conditions in which workers for example choose their occupation, (...) receive adequate remuneration, and are able to form unions to defend their interests. It is also illuminates more ambitious rights to work in ways that fully further workers’ interests in flourishing and involve avoidance or minimization of their domination, exploitation, and alienation. (shrink)

In this Article, I propose a novel law and economics explanation of a deeply puzzling aspect of business organization in market economies. Why are virtually all firms organized as capital-managed and -owned (capitalist) enterprises rather than as labor-managed and -owned cooperatives? Over 150 years ago, J.S. Mill predicted that efficiency and other advantages would eventually make worker cooperatives predominant over capitalist firms. Mill was right about the advantages but wrong about the results. The standard explanation is that capitalist enterprise is (...) more efficient. Empirical research, however, overwhelmingly contradicts this. But employees almost never even attempt to organize worker cooperatives. I critique the explanations of the three leading analysts of the subject (N. Scott Arnold, Henry Hansmann, and Gregory Dow), all of whom offer are different transactions cost accounts, as logically defective and empirically inadequate. I then propose an explanation that has been oddly neglected in the literature, that the rarity of cooperatives is explained by the collective action problem identified by writers such as Mancur Olson. Labor management is a public good that generates the n-person prisoner’s dilemma which gives rational actors the incentive to create it in suboptimal (or no) amounts. I support this by reference to the empirical facts about the origin of existing cooperatives and show that this explanation requires no strong version of a questionable rational choice theory. This explanation is supplemented by the mere exposure or familiarity effect derived from social and cognitive psychology, which turns on the fact that labor managed firms are rare, in part because of the public goods problem, thus unfamiliar, which makes them less attractive and thus more likely to be rare. My account points advocates of labor management towards solutions such as institutional changes in incentives, which, however, themselves involve public goods issues. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable (...) humanity to certain categories of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

The wide presence of the right to work in national and international legal texts contrasts with a lack of agreement about the concrete content of this right. According to the hegemonic interpretation, it consists of two elements: (a) extension of wage labour and (b) significant improvement of working conditions. However, if we study the history of right to work claims, especially from the French Revolution to 1848, we can notice that the meaning of this right was rather wider in (...) the past. Rescuing the historical significance of the right to work may help to face the problem of the future of work. In particular, and unlike what might seem at first sight, the claim that everyone should have his or her right to work guaranteed can be a way of articulating and concretizing issues such as workplace democracy, the organization of domestic work or the transition to a sustainable society. (shrink)

Universal Basic Income has become a popular idea in the last few decades even though one can find its roots in the earlier centuries. In this thesis, I have examined the position of UBI in the works of the most influential contemporary philosophers. By connecting the idea of UBI with some certain concepts from different philosophers, I aimed to improve the overall understanding of UBI. I have mentioned the concepts such as "labor", "leisure", "idleness", "boredom", "poverty", "inequality", "distribution", "happiness", "power", (...) "needs", "truth", "alienation", etc. I have used a literature methodology for my research. I have tried to read and relate the concept of UBI with the works of 10 philosophers: Arthur Schopenhauer, Karl Marx, William James, Bertrand Russell, Michel Foucault, John Rawls, Robert Nozick, Noam Chomsky, Slavoj Zizek, Peter Singer. (shrink)

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international (...) legal framework. And it is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

In this paper an attempt is made to draw out an outline of present social evils generated from Caste-Discrimination and this system is the misinterpreted conception of Varynavyavastha where the four varnas are divided on the basis of division of labour and since history it converted to caste system. With these Human Rights issues are directly related and human rights are an important concept in civilized and democratic society. But from the part of Government and judiciary the (...) above said both are separated and cannot be treated equally and it can be see in the latest examples of inhuman acts with Dalits in Haryana. First this paper also highlights the schemes and policies of the government to eliminate this system and their failure in part of unavailability to socially deprived persons. These policies are only in the paper form and cannot become part of practical concerns. Secondly these problems related to caste- discrimination can be solved only by social awareness and social interaction among different communities but not only by policies and schemes. Since independence there is not a single case of social awareness programme conducted by political parties and government and this become the root cause of social inequality till now. The present examples of violation and injustice with poor and deprived persons show the failure of our judiciary system and so-called democratic & secular society. With this background some recommendations will be discussed in the last of the paper so that a humane society can be modeled according to our constitutional commitment of social equality, freedom and brotherhood. (shrink)

Marie Oldfield, Pro Bono Economics & Refugee Council. Over half the total applications for asylum the UK receives each year are initially rejected, yet nearly a third of these initial rejections are subsequently overturned on appeal. This process that fails to get decisions right first time imposes significant costs, not just on the applicants themselves, but also more widely on UK taxpayers. Asylum seekers are not entitled to welfare benefits nor employment except in some limited cases, and are often placed (...) in unsuitable conditions with lack of appropriate support to prepare their case for asylum. These unfortunate circumstances mean that they are unable to gather and present all the required evidence first time, even when the case for asylum is legitimate. As a result, the application is rejected and thus begins a cycle of appeals that might eventually lead to a successful outcome for the asylum seeker but will, in the process, burden the taxpayer with unnecessary administrative cost and cause the asylum seeker needless distress and prevent them from accessing suitable economic opportunities. • Our study estimates that there are approximately 4,000 initial rejections that are successfully appealed each year and, with each appeal incurring direct administrative costs of around £1,000, the price tag of incorrect initial decisions adds up to a hefty £4 million per year in unnecessary administrative costs alone. • There are other costs, too, that negatively impact asylum seekers and taxpayers, albeit in a more indirect manner. The longer the appeals process is dragged out, the more delay there is to successful asylum seekers entering the labour market which means lost economic activity and forgone tax revenue for the Exchequer. Long periods of unemployment also result in skills attrition and lower the probability of the asylum seeker successfully entering the labour market in the future. • A lengthy appeals process heightens stress and worsens mental health in asylum seekers, a group arguably already more vulnerable on this front. Unnecessary human suffering aside, there is also a monetary cost borne by the taxpayer should NHS mental health services become involved. Thus, there is a pressing and viable case for providing asylum seekers a stable environment in which to complete their applications for asylum. This would increase the likelihood of reaching correct decisions in the first instance, avoid unnecessary administrative costs of an arduous appeals process, enable successful asylum seekers to access the labour market and contribute to the Exchequer, and avoid placing extra demands on already strained NHS mental health services. (shrink)

The gig economy is a phenomenon that is rapidly expanding, redefining the nature of work and contributing to a significant change in how contemporary economies are organised. Its expansion is not unproblematic. This article provides a clear and systematic analysis of the main ethical challenges caused by the gig economy. Following a brief overview of the gig economy, its scope and scale, we map the key ethical problems that it gives rise to, as they are discussed in the relevant literature. (...) We map them onto three categories: the new organisation of work (what is done), the new nature of work (how it is done), and the new status of workers (who does it). We then evaluate a recent initiative from the EU that seeks to address the challenges of the gig economy. The 2019 report of the European High-Level Expert Group on the Impact of the Digital Transformation on EU Labour Markets is a positive step in the right direction. However, we argue that ethical concerns relating to algorithmic systems as mechanisms of control, and the discrimination, exclusion and disconnectedness faced by gig workers require further deliberation and policy response. A brief conclusion completes the analysis. The appendix presents the methodology underpinning our literature review. (shrink)

Many of the social deprivations of Mexico will be worsened due to the SARSCOV2 pandemic. Namely, the insufficient access to public health, lack of labor rights, and the unsuccessful government’s response to eradicate male violence against women. The historical unconcern in promoting a culture rooted in mutual aid and self-care has provoked many citizens are disconnected from their social and health rights. Thus, people’s inability to carry through one direction –stay home- is unfulfilled, in part, due to structural (...) inequalities. I affirm that effective liberty could be obtained by approving a Universal Basic Income from a feminist perspective. I conclude that the aftermath of COVID-19, which will define everyday life for a while, require the endorsement of such measure. Likewise, women as a class deserve protection from a feminist critical framework. (shrink)

Mathias Risse’s On Global Justice is a unique and important contribution to the growing literature on global justice. Risse’s approach to a variety of topics, ranging from domestic justice and common ownership of the earth, to immigration, human rights, climate change, and labour rights, is one that conceives of global justice as a philosophical problem. In this commentary I focus on a number of reservations I have about approaching global justice as a philosophical rather than an inherently (...) practical problem. To his credit Risse does acknowledge at various stages of the book that a good deal of the applied terrain he ventures into presupposes complex and contentious empirical assumptions. A greater emphasis on those points would, I believe, helpfully reveal the shortcomings of tackling intellectual property rights by appealing to Hugo Grotius’s stance on the ownership of seas, or the shortcomings of tackling health by invoking the language of human rights without acknowledging and addressing the constraints and challenges of promoting health in an aging world. (shrink)

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John (...) Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough and as good" for others. The same considerations apply to legitimate acquisition by voluntary exchange, gift, or bequeathal. -/- This sort of argument has been critiqued for the purely hypothetical and counterfactual nature of its premises, for the coherence of the idea of self-ownership, for the notion that mixing what I own with what I do not gives me a right in what I do not rather than wasting what I own, and for the unacceptably cruel and heartless consequences of adopting it, among other reasons. -/- However, I accept the premises and waive (though note) these objections, and formulate a new objection, showing that to give me a right in what I do not own, the labor theory of property requires a commitment to a right to what I need. I distinguish several senses of need and show that the sense of need the argument requires is "use need," the need I have to to use something to exercise my labor on it. This turns out to have a startling counter-intuitive result: the libertarian principle, so understood, turns out to be "to each according to his needs," which Marx identified as the principle of the highest phase of communism as he understood it. If communism is understood as in some sense egalitarian, this argument for libertarianism turns itself inside out into an argument for egalitarian communism. Libertarians therefore cannot use the Labor Theory of Property to defend the positions they typically wish to hold. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...) produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (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 case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...) historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

In this paper, I argue that there are a number of ethical issues facing college and professional athletes that admit of a unified treatment: viewing athletes as workers. By worker, I mean an agent who sells their labor for compensation. With this notion of worker in place, I present and discuss arguments for four claims: not paying college athletes is morally wrong; that the N.C.A.A. infringes on the right of college athletes to collectively bargain; that it is prima facie wrong (...) to draft and trade professional athletes; and that fans fail to respect athletes’ right to strike when they complain about labor stoppages in professional leagues. I argue that sports fans and members of sports media should explicitly conceive of athletes as workers to recognize and prevent these wrongs. I conclude by suggesting that all with an interest in the welfare of labor have an interest in conceiving of athletes as workers, as it puts what is owed to all workers into stark relief. (shrink)

The topic of alienation has fallen out of fashion in social and political philosophy. It used to be salient, especially in socialist thought and in debates about labor practices in capitalism. Although the lack of identification of people with their working lives—their alienation as workers—remains practically important, normative engagement with it has been set back by at least four objections. They concern the problems of essentialist views, a mishandling of the distinction between the good and the right, the danger of (...) paternalistic impositions, and the significance of democratic authorization. This paper recasts the critique of alienation in a way that vindicates its importance for social and political philosophy and rebuts these objections. First, it provides an analytic framework to understand alienation—distinguishing its various conceptual, explanatory, and normative dimensions. Second, it accounts for the normative aspect of the critique of alienation by articulating it in terms of prudential and moral ideas of positive freedom regarding human flourishing and solidaristic empowerment. Finally, the normative account is developed further, and sharpened to respond to the four objections, through the introduction of the Dignitarian Approach—the view that we have reason to organize social life in such a way that we respond appropriately to the valuable features of individual human beings that give rise to their dignity. (shrink)

A review of Enda Brophy's study of call centre work in global capitalism. Language put to work. Published in 2018.

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

This paper tackles the current challenges to private sector unionism in the United States in light of Catholic social teaching (CST). The focus of the study is unionism in the private sector where the fall-off in membership is observed. CST is contained in a wide variety of official documents of the Catholic Church, in particular papal encyclicals, which present ethical norms for economic life in response to the changing realities of the modern world. The study begins with an analysis of (...) the concrete situation: the causes of decline in union membership. It is followed by an ethical reflection on CST’s perspectives and exploration of practices, strategies, and policies that can help reverse the ongoing trend of union decline and revitalize the labor movement in the country. The paper argues that unions are good in themselves as an expression of the workers’ right to associate and instrumentally good as they invoke such values as the dignity of work, solidarity, subsidiarity, common good, and economic equality. While it has been proven that workers and society as a whole gain material benefits from effective unionization, focus on intangible benefits and moral principles offered by CST may give labor organizing a new impetus and inspiration. (shrink)

Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...) social scientific literature, I go on to argue that non-displacement gentrification also often damages local communities. One can hence extend existing philosophical critiques of displacement gentrification to argue that non-displacement gentrification likewise poses a threat to relational equality, and often violates certain basic occupancy rights. Focusing on the value that inheres in thriving local communities also suggests some new possibilities for critiquing gentrification. For instance, existing occupancy rights critiques focus on incumbent land users’ interests in stability. However, one can also argue in a Lockean mode that incumbent land users’ occupancy rights are at least partially grounded in their community having laboured together to create objects of value. An extension of Michael Walzer’s theory of justice to incorporate community goods as a separate ‘sphere’ might also have widespread appeal. Taken together, these arguments constitute a sustained and theoretically ecumenical case for the pro tanto moral objectionability of gentrification. (shrink)

Politics never became a central intellectual interest of Murdoch’s, but she produced one important and visionary political essay in the ‘50’s, several popular writings on political matters, and a significant chapter in Metaphysics as a Guide to Morals that echoes throughout that book. In the 1958 “House of Theory,” she sees the welfare state as having almost entirely failed to address the deeper problems of capitalist society, including a failure to create the conditions for values she saw as central to (...) the socialist tradition—equality, absence of exploitation, meaningful work, and a sense of community. In Metaphysics as a Guide to Morals, Murdoch abandons the idea that moral ideals provide a guide to constructing a good society. She retains from her earlier work that the individual-moral domain is governed by perfectionism, but society cannot be. ‘Society must be thought of as a bad job to be made the best of’, for example, through the liberal idea of rights. Murdoch had a lifelong engagement with Marxism as a philosophy, introduced to her as a member of the Communist Party in the late ‘30’s and ‘40’s, and continuing through her subsequent long Labour period, and even when she moved to the Right in the Thatcher era. Marx and Marxism were always part of her mental universe, and she continued to work out what she agreed and disagreed with in it. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

Greatly aided by an information age in which protesting laborers in a remote offshore outpost can capture front page headlines around the globe, theSarbanes-Oxley Act of 2002 (SARBOX) has made corporate transparency the linchpin for good corporate governance. Under a SARBOX-enhancedregulatory framework, publicly traded corporations are required to rapidly disclose material changes in their financial conditions or operations—changes such as impairments to goodwill, a trademark, or some other intangible corporate asset. Especially challenging for multinational corporations (MNCs) with far-flung corporate empires (...) is the need to stay abreast of the ebb and flow of goodwill, at a time when transnational human rights groups are aggressively mobilizing world opinion against the sweatshop labor conditions that abound at the offshore production sites favored by MNCs. The author explains why the convergence of a digital age of free-flowing information and the advent of SARBOX, a legislative enactment of paraenetic design, is causing the boards of MNCs to more critically evaluate the long-term costs of their offshore operations. (shrink)

Childhood looms large in our understanding of human life as it is a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference source (...) to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five parts: ¿ Being a child ¿ Childhood and moral status ¿ Parents and children ¿ Children in society ¿ Children and the state. Questions covered include: What is a child? Is childhood a uniquely valuable state, and if so why? Can we generalize about the goods of childhood? What rights do children have, and are they different from adults¿ rights? What gives people a right to parent? What role, if any, ought biology to play in determining who has the right to parent a particular child? What kind of rights can parents legitimately exercise over their children? What roles do relationships with siblings and friends play in the shaping of childhoods? How should we think about sexuality and disabilility in childhood, and about racialised children? How should society manage the education of children, and what values should inform such practices? What is a good school? How are children¿s lives affected by being taken into social care? The Routledge Handbook of the Philosophy of Childhood and Children is essential reading for students and researchers in philosophy of childhood, political philosophy and ethics as well as those in related disciplines such as education, psychology, sociology, social policy, law, social work, youth work, neuroscience and anthropology. (shrink)

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)

In this paper I examine Axel Honneth’s normative reconstruction of the market as a sphere of social freedom in his 2014 book, Freedom’s Right. Honneth’s position is complex: on the one hand, he acknowledges that modern capitalist societies do not realise social freedom; on the other hand, he insists that the promise of social freedom is implicit in the market sphere. In fact, the latter explains why modern subjects have seen capitalism as legitimate. I will reconstruct Honneth’s conception of social (...) freedom and investigate how it is realised in the sphere in which Honneth sees it most successfully at work, the sphere of interpersonal relations. I then move on to the sphere of the market economy and discuss two related problems of this view that stem from his interpretation of Hegel. Next, I consider Honneth’s method of “normative reconstruction” and his reconstructions of the sphere of consumption and, finally, the labour market. My conclusion will be that market institutions cannot realise social freedom, and that this insight should orient the philosophical direction of critical social theory. (shrink)

Since G.A. Cohen’s influential criticism, John Rawls’s focus on the basic structure of society has fallen out of favor in moral and political philosophy. The most prominent defenses of this focus has argued from particular conceptions of justice or from a moral division of labor. In this dissertation, I instead argue for the Rawlsian focus from the ways in which social institutions establish new obligations, rights and powers. I argue that full evaluation of individual conduct requires that we evaluate (...) the practices within which an individual’s actions occur. Likewise, full evaluation of practices often requires evaluating the systems within which actions occur. I argue that we should treat the basic structure of society as a moral subject because the full evaluation of the various institutions that constitute the basic structure requires that we evaluate the basic structure as a whole. This argument shows the advantages of the Rawlsian approach even when we do not accept contractualism, constructivism or the two principles of justice. We need only accept the view that the major social institutions establish obligations, rights, and powers for individuals as members of society. (shrink)

My primary aim in this article is to provide a philosophical account of the unity of hallucinations, which can capture both perceptual hallucinations (which are subjectively indistinguishable from perceptions) and non-perceptual hallucinations (all others). Besides, I also mean to clarify further the division of labour and the nature of the collaboration between philosophy and the cognitive sciences. Assuming that the epistemic conception of hallucinations put forward by M. G. F. Martin and others is largely on the right track, I (...) will focus on two main tasks: (a) to provide a satisfactory phenomenology of the subjective character of perceptions and perceptual hallucinations and (b) to redress the philosophers’ neglect of non-perceptual hallucinations. More specifically, I intend to apply one of the central tenets of the epistemic conception—that hallucinations can and should be positively characterised in terms of their phenomenological connections to perceptions—to non-perceptual hallucinations as well. That is, I will try to show that we can positively specify the class of non-perceptual hallucinations by reference to the distinctive ways in which we first-personally experience them and perceptions in consciousness. The task of saying more about their underlying third-personal nature may then be left to the cognitive sciences. (shrink)

The Stoics are famously committed to the thesis that only bodies are, and for this reason they are rightly called “corporealists.” They are also famously compared to Plato’s earthborn Giants in the Sophist, and rightly so given their steadfast commitment to body as being. But the Stoics also notoriously turn the tables on Plato and coopt his “dunamis proposal” that being is whatever can act or be acted upon to underwrite their commitment to body rather than shrink from it as (...) the Giants do. The substance of Stoic corporealism, however, has not been fully appreciated. This paper argues that Stoic corporealism goes beyond the dunamis proposal, which is simply an ontological criterion for being, to the metaphysics of body. This involves, first, an account of body as metaphysically simple and hence fundamental; second, an account of body as malleable and continuous, hence fit for blending (krasis di’ holou) and composition. In addition, the metaphysics of body involves a distinction between this composition relation seen in the cosmology, and the constitution relation by which the four-fold schema called the Stoic Categories proceeds, e.g. the relation between a statue and its clay, or a fist and its underlying hand. It has not been appreciated that the cosmology and the Categories are distinct — and complementary — explanatory enterprises, the one accounting for generation and unity, the other taking those individuals once generated, and giving a mereological analysis of their identity and persistence conditions, kinds, and qualities. The result is an elegant division of Plato’s labor from the Battle of Gods and Giants. On the one hand, the Stoics rehabilitate the crude cosmology of the Presocratics to deliver generation and unity in completely corporeal terms, and that work is found in their Physics. On the other hand, they reform the Giants and “dare to corporealize,” delivering all manner of predication (from identity to the virtues), and that work is found in Stoic Logic. Recognizing the distinctness of these explanatory enterprises helps dissolve scholarly puzzles, and harmonizes the Stoics with themselves. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

In 1937 Joan Robinson proposed that “when capitalism is rightly understood, the rate of interest will be set at zero and the major evils of capitalism will disappear”. A permanent zero rate would abolish capitalist profit except in limited cases, leaving nearly all output to be claimed by labour as wages. It would allow capital to be allocated on the basis of prospective social benefit rather than short-term profitability and a collateral basis that favours the wealthy. It would remove (...) some of the economic pressure to use resources unsustainably. So why not do this? I argue that the few available philosophical arguments for positive interest rates are unsatisfactory. Those who want a just and sustainable form of capitalism should target net zero for the interest rate. (shrink)

Natural resources, especially land, play an important role in many economic problems society faces today, including the climate crisis, housing shortages and severe inequality. Yet, land has been either entirely neglected or seriously misunderstood by contemporary theorists of distributive justice. I aim to correct that in this paper. In his theory of original acquisition, Locke did not carefully distinguish between the value of natural resources and the value that we add by laboring upon them. This oversight led him to the (...) mistaken conclusion that labor mixing gives the laborer an entitlement to both the improvement and the resource. I explain how Locke's false belief that the proviso was satisfied in his time was the fundamental cause of this error, and I develop a novel reading of the proviso using the law of rent. Instead, we should think, following Henry George, that the community is entitled to the economic value of natural resources, because the community created the value of resources, not the individual improver. I discuss an argument from George's "Progress and Poverty" that self-ownership is actually inconsistent with (rather than the ground for, as Locke thought) private appropriation of natural resources. This is because a necessary condition of our equal rights as self-owners is having free access to natural resources. If we do not have such access, George argues that natural resource owners can extract surplus value from their users (though I show why Marx’s belief that capital owners can also extract surplus value is mistaken). Nozick’s infamous argument that taxation is morally on a par with forced labor proves too much for his purposes, since George shows that payment of economic rents to natural resource owners is also morally on a par with forced labor. I then develop my own view of original acquisition, inspired by George. The self-ownership of improvers gives them an entitlement to improvements that they create. But the self-ownership of everyone else precludes an entitlement to natural resources value. Natural resource rents should not be enjoyed by those who improve the resource, but rather, by all community members in proportion to the share of demand for natural resources they are responsible for. Finally, I move from ideal theory to the real world, and discuss how George’s land value tax could be implemented in practice, and what its beneficial effects would be. We should be interested in this policy for many reasons, not the least of which is the fact that the two countries that have implemented the most extensive suite of Georgist policies—Norway and Singapore—are the two wealthiest countries in the world (excluding micro-states and tax havens). Since the land value tax is not inefficient like other taxes, it is unique among social and economic policies in that it has the potential to both greatly increase and more fairly distribute society’s wealth. (shrink)

It is traditional to ascribe to Locke the view that every person who acquires natural property rights by labouring on resources is obligated to leave sufficient resources for everyone else. But during the last several decades, a number of authors have contributed to a compelling textual case against this reading. Nevertheless, Locke clearly indicates that there is something wrong with distributions in which some suffer while others thrive. But if he does not endorse the traditional proviso, what exactly is (...) the problem? In this paper, I offer a solution to this puzzle. I argue that according to Locke, once people use their natural rights to acquire large properties, many individuals are unable to enjoy the material and moral wellbeing, or “preservation,” that is the end of natural law. For even if such large properties pose no problem for material preservation, they foster arbitrary power that offends against moral preservation. (shrink)

Is sex work (specifically, prostitution) vulnerable to technological unemployment? Several authors have argued that it is. They claim that the advent of sophisticated sexual robots will lead to the displacement of human prostitutes, just as, say, the advent of sophisticated manufacturing robots have displaced many traditional forms of factory labour. But are they right? In this article, I critically assess the argument that has been made in favour of this displacement hypothesis. Although I grant the argument a degree of (...) credibility, I argue that the opposing hypothesis -- that prostitution will be resilient to technological unemployment -- is also worth considering. Indeed, I argue that increasing levels of technological unemployment in other fields may well drive more people into the sex work industry. Furthermore, I argue that no matter which hypothesis you prefer -- displacement or resilience -- you can make a good argument for the necessity of a basic income guarantee, either as an obvious way to correct for the precarity of sex work, or as a way to disincentivise those who may be drawn to prostitution. (shrink)

This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and consumer protection law to (...) class='Hi'>labour and environmental law, giving a comprehensive overview of the central challenges of the law of political economy. It also provides a sophisticated and multifaceted framework for further enquires while outlining the contours of new law of political economy. (shrink)

It is widely acknowledged in the literature in social epistemology that knowledge has a social dimension: we are epistemically dependent upon one another for most of what we know. Our knowledge can be, and very often is, grounded on the epistemic achievement of somebody else. But what about epistemic aims other than knowledge? What about understanding? Prominent authors argue that understanding is not social in the same way in which knowledge is. Others can put us in the position to understand, (...) but when we understand something, this accomplishment is to be credited mainly if not entirely to us, as it is due to the successful exercise of our own cognitive abilities. In this paper, I show that the social dimension of understanding closely resembles the social dimension of knowledge. I distinguish between three different ways in which a subject can depend upon another subject for (either the acquisition or the possession of) a certain epistemic good. I then argue that all these kinds of epistemic dependence apply to knowledge and understanding alike. If I am right, understanding is not (always) an achievement to be (mainly) credited to the single epistemic agent who understands. (shrink)

The late scholastics, from the fourteenth to the seventeenth centuries, contributed to many fields of knowledge other than philosophy. They developed a method of conceptual analysis that was very productive in those disciplines in which theory is relatively more important than empirical results. That includes mathematics, where the scholastics developed the analysis of continuous motion, which fed into the calculus, and the theory of risk and probability. The method came to the fore especially in the social sciences. In legal theory (...) they developed, for example, the ethical analyses of the conditions of validity of contracts, and natural rights theory. In political theory, they introduced constitutionalism and the thought experiment of a “state of nature”. Their contributions to economics included concepts still regarded as basic, such as demand, capital, labour, and scarcity. Faculty psychology and semiotics are other areas of significance. In such disciplines, later developments rely crucially on scholastic concepts and vocabulary. (shrink)

This article argues that postwar Seventeen magazine, a publication deeply invested in enforcing heteronormativity and conventional models of girlhood and womanhood, was in fact a more complex and multivocal serial text whose editors actively sought out, cultivated, and published girls’ creative and intellectual work. Seventeen's teen-authored “Curl Up and Read” book review columns, published from 1958 through 1969, are examples of girls’ creative intellectual labor, introducing Seventeen's readers to fiction and nonfiction which ranged beyond the emerging “young-adult” literature of the (...) period. Written by young people – including thirteen-year-old Eve Kosofsky (later Sedgwick) – who perceived Seventeen to be an important publication venue for critical work, the “Curl Up and Read” columns are literary products in their own right, not simply juvenilia. Seventeen provided these young authors the opportunity to publish their work in a forum which offered girl readers and writers opportunities for intellectual development and community. (shrink)