For some time now, union membership has been steadily declining. As a result, unions may soon lose their ability to adequately protect workers from economic and personal abuse, and may even lose their significance as a political force. The purpose of this book it to present a new argument for unionization, one that does not merely depend on disputed consequentialist arguments that unionization has good effects, but instead derives a right to universal unionization from concepts of liberty that we already accept. In short, the book reclaims the argument from liberty from the right, using an argument that will generalize and provide a new basis for defending a wide variety of progressive policies. The book contains three separate essays, each of which is conceived of as being able to stand on its own, but each of which also establishes an essential part of my overall claim. In the first essay, I argue that even in libertarian utopia, where liberty is given priority over everything else, unions would arise in both the private and the public sector as a natural result of free market transactions. These unions would eventually negotiate agreements with the relevant employers requiring new hires to join the union and pay dues, and there is nothing in the relevant principles of liberty in force in such a utopia that would justify denying enforcement to these agreements. In the second essay, I argue that unions are also a necessary basic institution in the liberal capitalist democracy in which we actually live. To make this argument, I discuss what being a basic institution means as a matter of political morality, how to tell whether a particular institution is basic, and what flows from this determination once it is made with regard to unions. In the third essay, I turn my attention to public sector unions, and address the argument that the background circumstances in the public sector are sufficiently different that our attitude toward unionization in this sector should be less accommodating. What we end up with then, after the third essay is complete, is a society where unionization is required in both the private and public sector as a matter of background justice, where collective bargaining cannot be restricted or eliminated in either sector, and where “right-to-work” laws must be rejected and unoin shop arrangements honored should the parties collectively agree to them.
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In the Name of Liberty: The Argument for Universal Unionization
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On Unemployment, Volume 1: A Micro-Theory of Economic Justice
The need for further exploration of the economic injustice of unemployment should be obvious. Unemployment is currently at historically high rates and these high rates may be becoming structural. Aside from inequality, unemployment is accordingly the problem that is most likely to put critical pressure on our political institutions, disrupt the social fabric of our way of life, and even threaten the continuation of liberalism itself. Despite the obvious importance of the problem of unemployment, however, there has been a curious lack of attention paid to this issue by contemporary non-Marxist political philosophers. Non-Marxists typically view unemployment as a technical matter, and doing something about it a question of means not ends, with the solution to this question depending on the kind of empirical determinations about what causes what that are best left to economists, not political philosophers. But I think this is a mistake. Because work is a major part of our social life, as well as something that for a great many people grounds their sense of who they are and provides the basis of their sense of self-respect, those unable to find work are missing out on a great deal of what makes for a meaningful life, and not just the economic benefits that social cooperation has to offer. Those who are unemployed accordingly have something to complain about, even if we do not let them starve, and the rest of us (or at least the institutions that represent us) may have some sort of moral obligation to take action to increase the number of employment opportunities currently available regardless of any uncertainty surrounding the effects that any actions open to us might have. The nature and extent of this moral obligation is what On Unemployment is dedicated to exploring.
Volume I gives an overview of the current unemployment problem, discusses how the rate of unemployment is calculated and how the concept of unemployment should be understood, explores why we should treat unemployment, like inequality, as a proper object of moral concern, and develops a moral principle and ten related axioms that can help guide us when deciding which proposals to address unemployment we should reject and which we should pursue. The volume then devotes some attention to the problem of technological unemployment, the meaning and ramifications of Say’s Law, and the extent to which we should be concerned about the stickiness of wages as a cause of unemployment. The volume closes with a comparison of the Keynesian approach to addressing unemployment and the neoliberal and neoclassical approach, and argues that the latter are both empirically unsupportable and morally unjust.
On Unemployment, Volume 2: Achieving Economic Justice after the Great Recession
The need for further exploration of the economic injustice of unemployment should be obvious. Unemployment is currently at historically high rates and these high rates may be becoming structural. Aside from inequality, unemployment is accordingly the problem that is most likely to put critical pressure on our political institutions, disrupt the social fabric of our way of life, and even threaten the continuation of liberalism itself. Despite the obvious importance of the problem of unemployment, however, there has been a curious lack of attention paid to this issue by contemporary non-Marxist political philosophers. Non-Marxists typically view unemployment as a technical matter, and doing something about it a question of means not ends, with the solution to this question depending on the kind of empirical determinations about what causes what that are best left to economists, not political philosophers. But I think this is a mistake. Because work is a major part of our social life, as well as something that for a great many people grounds their sense of who they are and provides the basis of their sense of self-respect, those unable to find work are missing out on a great deal of what makes for a meaningful life, and not just the economic benefits that social cooperation has to offer. Those who are unemployed accordingly have something to complain about, even if we do not let them starve, and the rest of us (or at least the institutions that represent us) may have some sort of moral obligation to take action to increase the number of employment opportunities currently available regardless of any uncertainty surrounding the effects that any actions open to us might have. The nature and extent of this moral obligation is what On Unemployment is dedicated to exploring.
Volume II applies the more theoretical discussion of volume I to various possible approaches to reducing unemployment. Issues addressed include: whether austerity is a cause of unemployment or a cure for it; the relation between unemployment and inflation; the importance of limiting foreclosure activity during times of high unemployment and how we might do so; the importance of allowing the unencumbered refinancing of state and local government debt; how using tax and regulatory competition as a tool to attract employers to a region is self-defeating; the viability of using work-sharing to reduce unemployment; the relation between immigration and unemployment; and the need to resist the temptation to impose protectionist trade barriers and tariffs. Finally, the volume closes with an extended discussion of the politics of unemployment, and why it is so difficult to take effective action to reduce unemployment even though the tools to do so are readily available.
Exploitation and Economic Justice in the Liberal Capitalist State
This book develops the first new, liberal theory of economic justice to appear since John Rawls and Ronald Dworkin proposed their respective theories back in the 1970s and early 1980s. It does this by presenting a new, liberal egalitarian, non-Marxist theory of exploitation that is designed to be a creature of capitalism, not a critique of it. Indeed, the book shows how we can regulate economic inequality using the presuppositions of capitalism and political liberalism that we already accept. In doing this, the book uses two concepts or tools: a re-conceived notion of the ancient doctrine of the just price, and my own concept of intolerable unfairness. The resulting theory can then function as either a supplement to or a replacement for the difference principle and luck egalitarianism, the two most popular liberal egalitarian theories of economic justice of the day. It provides a new, highly-topical specific moral justification not only for raising the minimum wage, but also for imposing a maximum wage, for continuing to impose an estate tax on the wealthiest members of society, and for prohibiting certain kinds of speculative trading, including trading in derivatives such as the now infamous credit default swap and other related exotic financial instruments. Finally, it provides a new specific moral justification for dealing with certain aspects of climate change now regardless of what other nations do. Yet it is still designed to be the object of an overlapping consensus—that is, it is designed to be acceptable to those who embrace a wide range of comprehensive moral and political doctrines, including not only liberal egalitarians, but right and left libertarians too
Punishment, Compensation, and Law: A Theory of Enforceability
This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable, even though it is enforceability that makes social cooperation possible. Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and presents a new, unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations