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This paper argues that a sweatshop worker's choice to accept the conditions of his or her employment is morally significant, both as an exercise of autonomy and as an expression of preference. This fact establishes a moral claim against interference in the conditions of sweatshop labor by third parties such as governments or consumer boycott groups. It should also lead us to doubt those who call for MNEs to voluntarily improve working conditions, at least when their arguments are based on (...) the claim that workers have a moral right to such improvement. These conclusions are defended against three objections: 1) that sweatshop workers' consent to the conditions of their labor is not fully voluntary, 2) that sweatshops' offer of additional labor options is part of an overall package that actually harms workers, 3) that even if sweatshop labor benefits workers, it is nevertheless wrongfully exploitative. (shrink)

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Price gouging occurs when, in the wake of an emergency, sellers of a certain necessary goods sharply raise their prices beyond the level needed to cover increased costs. Most people think that price gouging is immoral, and most states have laws rendering the practice a civil or criminal offense. The purpose of this paper is to explore some of the philosophic issues surrounding price gouging, and to argue that the common moral condemnation of it is largely mistaken. I make this (...) argument in three steps, by rebutting three widely held beliefs about the ethics of price gouging: 1) that laws prohibiting price gouging are morally justified, 2) that price gouging is morally impermissible behavior, even if it ought not be illegal, and 3) that price gouging reflects poorly on the moral character of those who engage in it, even if the act itself is not morally impermissible. (shrink)

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

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Is libertarianism a progressive doctrine, or a reactionary one? Does libertarianism promise to liberate the poor and the marginalized from the yoke of state oppression, or does talk of "equal liberty" obscure the ways in which libertarian doctrines serve the interests of the rich and powerful? Through an examination of the history of libertarianism, this book argues that the answer is (and always has been): both. In this book we explore the neglected 19th century roots of libertarianism to show that (...) it emerged first as a radical and progressive doctrine. Libertarianism took a conservative turn in the 20th century primarily as a reaction against the rise of state socialism. Now, with international communism no longer a threat, libertarianism is in the midst of an identity crisis, with progressive and reactionary elements struggling to claim the doctrine as their own, most notably on issues of race. This book tells the history of libertarianism through an examination of six defining themes: private property, skepticism of authority, free markets, individualism, spontaneous order, and individual liberty. In doing so, it reveals that history to be longer, wider, and considerably more diverse than is commonly believed. It is a history full of internal tensions, idiosyncratic personalities, and surprising arguments. It is a history of the men (and sometimes women) who called themselves: The Individualists. (shrink)

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We review recent developments in ethical pluralism, ethical particularism, Kantian intuitionism, rights theory, and climate change ethics, and show the relevance of these developments in ethical theory to contemporary business ethics. This paper explains why pluralists think that ethical decisions should be guided by multiple standards and why particularists emphasize the crucial role of context in determining sound moral judgments. We explain why Kantian intuitionism emphasizes the discerning power of intuitive reason and seek to integrate that with the comprehensiveness of (...) Kant’s moral framework. And we show how human rights can be grounded in human agency, and explain the connections between human rights and climate change. (shrink)

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This handbook is the first definitive reference on libertarianism that offers an in-depth survey of the central ideas from across philosophy, politics and economics, including applications to contemporary policy issues.

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What is the basis for arguing that a volunteer army exploits citizens who lack civilian career opportunities? How do we determine that a doctor who has sex with his patients is exploiting them? In this book, Alan Wertheimer seeks to identify when a transaction or relationship can be properly regarded as exploitative--and not oppressive, manipulative, or morally deficient in some other way--and explores the moral weight of taking unfair advantage. Among the first political philosophers to examine this important topic from (...) a non-Marxist perspective, Wertheimer writes about ordinary experience in an accessible yet philosophically penetrating way. He considers whether it is seriously wrong for a party to exploit another if the transaction is consensual and mutually advantageous, whether society can justifiably prohibit people from entering into such a transaction, and whether it is wrong to allow oneself to be exploited.Wertheimer first considers several contexts commonly characterized as exploitive, including surrogate motherhood, unconscionable contracts, the exploitation of student athletes, and sexual exploitation in psychotherapy. In a section outlining his theory of exploitation, he sets forth the criteria for a fair transaction and the point at which we can properly say that a party has consented. Whereas many discussions of exploitation have dealt primarily with cases in which one party harms or coerces another, Wertheimer's book focuses on what makes a mutually advantageous and consensual transaction exploitive and analyzes the moral and legal implications of such exploitation. (shrink)

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This paper develops my position on the ethics of price gouging in response to Jeremy Snyder's article, "What's the Matter with Price Gouging." First, it explains how the "nonworseness claim" supports the moral permissibility of price gouging, even if it does not show that price gougers are morally virtuous agents. Second, it argues that questions about price gouging and distributive justice must be answered in light of the relevant possible institutional alternatives, and that Snyder's proposed alternatives to price gouging fare (...) worse on the dimension of justice than a system in which goods are allocated by a system of market prices. (shrink)

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Libertarianism is a controversial political theory. But it is often presented as a resting upon a simple, indeed commonsense, moral principle. The libertarian “Non-Aggression Principle” (NAP) prohibits aggression against the persons or property of others, and it is on this basis that the libertarian opposition to redistributive taxation, legal paternalism, and perhaps even the state itself is thought to rest. This paper critically examines the NAP and the extent to which it can provide support for libertarian political theory. It identifies (...) two problems with existing libertarian appeals to the NAP. First, insofar as libertarians employ a moralized understanding of aggression, their principle is really about the protection of property rights rather than the prohibition of aggression. Second, the absolutist prohibition on aggression, which libertarians typically endorse and which is necessary to generate strongly libertarian conclusions, is grossly implausible. The paper concludes by setting forth a version of the NAP that does not suffer from these problems. It argues that this more moderate and defensible version of the NAP still has important libertarian implications, but that a full defense of libertarianism cannot rely upon appeals to non-aggression alone. (shrink)

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This paper provides a brief overview of the relationship between libertarian political theory and the Universal Basic Income (UBI). It distinguishes between different forms of libertarianism and argues that a one form, classical liberalism, is compatible with and provides some grounds of support for UBI. A classical liberal UBI, however, is likely to be much smaller than the sort of UBI defended by those on the political left. And there are both contingent empirical reasons and principled moral reasons for doubting (...) that the classical liberal case for UBI will be ultimately successful at all. (shrink)

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The fact that persons are separate in some descriptive sense is relatively uncontroversial. But one of the distinctive ideas of contemporary liberal political philosophy is that the descriptive fact of our separateness is normatively momentous. John Rawls and Robert Nozick both take the separateness of persons to provide a foundation for their rejection of utilitarianism and for their own positive political theories. So why do their respective versions of liberalism look so different? This paper claims that the difference is based (...) in Rawls' and Nozick's differing understandings of the morally significant aspects of personhood, and argues that respect for separateness is a value better suited to defend Nozickian libertarianism than Rawlsian liberalism. (shrink)

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This paper is an encyclopedia entry on the political philosophy of libertarianism, written for the Internet Encyclopedia of Philosophy. It discusses the major contemporary strands of libertarianism and their historical roots, and presents some of the main criticisms of these strands. Its focus is on libertarianism as a doctrine about distributive justice and political authority, and specifically on the consequentialist and natural rights formulations of these views.

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

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In the United States, discrimination based on race, religion, and other suspect categories is strictly regulated when it takes place in hiring, promotion, and other areas of the world of commerce. Discrimination in one's private affairs, however, is not subject to legal regulation at all. Assuming that both sorts of discrimination can be equally morally wrong, why then should this disparity in legal treatment exist? This paper attempts to find a theory that can simultaneously explain these divergent treatments by providing (...) an account that fits the various aspects of our legal practices and our attitudes toward them, and justify those practices by providing an account that makes the divergence attractive from a moral point of view. The sorts of basis for the disparity are discussed: differences in our epistemological access to private and commercial discrimination; different effects these forms of discrimination have on their victims; and differences in the relative importance of the value of autonomy at stake. I conclude that while considerations of autonomy provide the best explanation for the disparity in attitudes toward the legal treatment of discrimination, they still fall well short of an explanation that completely fits and justifies our current practice. Specifically, I suggest that the disparity between our current legal treatment of private versus commercial discrimination is based on a mistaken belief about the greater importance of autonomy in the private realm than in the commercial sphere. Because this belief is mistaken, a practice designed to consistently respect the value of autonomy ought to differentiate less between private and commercial discrimination, either by regulating the former more heavily, or by regulating the latter less heavily. (shrink)

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Whatever else might be said about the Lockean and Hobbesian states of nature, it is widely believe that they are mutually incompatible. One or the other (or neither) is a correct way of thinking about the state of nature, but not both. This paper argues that this intuitively plausible claim is incorrect - if not as a matter of textual interpretation, then as a matter of analysis of the concepts that we have inherited from those texts. Not only does it (...) make sense to talk about a Hobbesian and Lockean state of nature existing simultaneously, but doing so allows us to draw important and novel insights about important contemporary questions in political philosophy. (shrink)

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This book brings together recent work on the topic of exploitation from philosophy, political science, and economics in one volume, organised around three main questions: what is exploitation?, why is exploitation wrong?, and what should we do about it? These questions are increasingly relevant in public policy discussions. The past decade has witnessed the rise of populism and an increasing sense that politics is a game rigged to benefit certain classes of persons at the expense of others. Interestingly, this sense (...) of unfairness has been shared across the political spectrum though, of course, the left and right differ in both their moral diagnosis and their political prescription. Current debates over minimum wage laws, immigration reform, and undue corporate influence on politics can all be understood as drawing on and developing these concerns over exploitative political treatment. This book also draws upon the natural opportunities for interdisciplinary engagement that the topic of exploitation presents. Questions about exploitation often involve not only philosophical issues, but economic and political ones as well. The contributors to this volume add to that breadth of knowledge. With the re-emergence of Politics, Philosophy, and Economics (PPE) as a burgeoning field of academic inquiry, now is the perfect time to explore issues of exploitation in an interdisciplinary, public-policy focused context. This books is essential reading for anyone interested in exploitation theory, and in PPE more generally. (shrink)

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Exploitation: Perspectives from Philosophy, Politics, and Economics brings together recent work on the topic of exploitation from philosophy, political science, and economics in one volume, organized around three main questions: What is exploitation? Why is exploitation wrong? What should we do about it? These questions are increasingly relevant in public policy discussions. The past decade has witnessed the rise of populism and an increasing sense that politics is a game rigged to benefit certain classes of persons at the expense of (...) others. Interestingly, this sense of unfairness has been shared across the political spectrum though, of course, the left and right differ in both their moral diagnosis and their political prescription. Current debates over minimum wage laws, immigration reform, and undue corporate influence on politics can all be understood as drawing on and developing these concerns over exploitative political treatment. At the same time, the literature on exploitation has blossomed. What was once a topic of relatively narrow interest to philosophers working in the tradition of analytical Marxism has been reinvigorated and diversified. The essays in this book both represent and extend that diversity. While the condition of labor remains an important and central topic, the current volume extends the analysis to such neglected topics as the relationship between children and parents, interactions between states, and interactions between generations. (shrink)

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This second edition of _Arguing About Political Philosophy _is the most complete, up-to-date, and interdisciplinary anthology of its kind. Its selections cover both classic philosophical sources such as Hobbes and Rousseau, and contemporary figures such as Robert Nozick and G.A. Cohen. But additional excerpts from economists, psychologists, novelists, and legal theorists help students from diverse intellectual backgrounds to connect with and appreciate the problems and distinctive methodology of political philosophy. This second edition also goes beyond any other anthology on the (...) market in its coverage of traditionally under-represented views such as libertarianism, neo-socialism, feminism, and critical race theory. And it is one of the only anthologies to go beyond _A Theory of Justice _in its coverage of the political thought of John Rawls. The volume is divided into 3 parts – Foundational Concepts; Government, the Economy and Morality; and Applied Political Philosophy – covering core arguments and emerging debates in topics like: social contract theory political economy property rights freedom equality immigration global distributive justice The new companion website offers valuable resources for instructors and students alike, including sample quizzes, exams, and writing assignments, extensive study questions for each reading, and an online version of the "What’s Your Political Philosophy" self-assessment. (shrink)

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Strict libertarianism, as one of us has defined it elsewhere, is “a radical political view which holds that individual liberty, understood as the absence of interference with a person’s body and rightfully acquired property, is a moral absolute or near-absolute, and that the only governmental activities consistent with that liberty are (if any) those necessary to protect individuals from aggression by others.” Strict libertarianism is a radicalized form of classical liberalism that is, characteristically, rationalistic, monistic, and (relatively) absolutist in its (...) approach to political principles. One advantage of bringing so many well-informed proponents and critics of libertarianism together in the same volume is that it makes clear the tremendous diversity of libertarian thought. Libertarians are a methodologically, normatively, and even politically diverse group. The chapter also provides an overview of the key concepts discussed in this book. (shrink)

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This essay is intended to provide an introductory overview of the philosophical problems involved in understanding the nature and value of liberty, and the range and categories of philosophic solutions that have been offered to those problems. This essay covers the distinction between negative and positive liberty, MacCallum's tripartite analysis of liberty, debates over the subject of liberty and the significance of various constraints on liberty, and the significance of philosophical analyses of liberty for political philosophy. Concludes with a short (...) bibliographical essay with suggestions for further reading. Appropriate for first-year to advanced undergraduates. (shrink)

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Price gouging occurs when, in the wake of an emergency, sellers of a certain necessary goods sharply raise their prices beyond the level needed to cover increased costs. Most people think that price gouging is immoral, and most states have laws rendering the practice a civil or criminal offense. But the alleged wrongness of price gouging has been seriously under-theorized. This paper examines the argument that price gouging is morally objectionable and/or the proper subject of legal regulation because of the (...) context of market failure in which it occurs. It argues that even if claims of market failure or true, they do not generate these normative conclusions. (shrink)

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One of the distinctive ideas of contemporary liberal political philosophy is that the separateness of persons is somehow normatively momentous. A proper respect for separateness is supposed to lead us not only to reject aggregative theories such as utilitarianism, but to embrace some particular positive theory about the sorts of obligations and claims we have amongst each other. Typically, philosophers have focused on the way in which the separateness of persons is important to matters of distribution. Given the intuitively unjust (...) distributions often sanctioned by utilitarianism, such a focus makes sense. Much of the contribution of my dissertation, however, is to argue that separateness is relevant not just as a fact about persons as beneficiaries, but perhaps even more fundamentally, as agents. ;Chapter one explores the connection between respect for the separateness of persons and liberal theory, with reference to the cases of John Rawls and Robert Nozick. Chapter two defends the reasonableness of respect for separateness against the metaphysical critique of Derek Parfit. Chapters three and four spell out the main idea of respect for separateness as agents. Chapter five examines applies this analysis to free markets, and argues that while separateness provides some grounds for criticizing markets, it also provides some interesting, non-efficiency based grounds for praising them. (shrink)

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Robert Mayer argues that certain kinds of high-interest payday loans should be legally prohibited. His reasoning is that such lending practices compel more solvent borrowers to cross-subsidize less solvent ones, and thus involve a kind of negative externality. But even if such cross-subsidization exists, I argue, this does not necessarily provide a ground for legal prohibition. Such behavior might be a necessary component of a competitive market that provides opportunities for mutually beneficial transactions to willing customers. And the alternative of (...) a government-mandated interest rate faces severe problems of its own. (shrink)

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