This article outlines the structure of a Rawlsian theory of justice in the employment relationship. A focus on this theory is motivated by the role it plays in debates in business ethics. The Rawlsian theory answers three central questions about justice and the workplace. What is the relationship between social justice and justice at work? How should we conceive of the problem of justice in the economic sphere? And, what is justice in the workplace? To see fully what demands justice (...) makes on the workplace, we should first spell out the implications that domestic justice has for working conditions. When this is done, we can develop a conception of workplace justice and investigate what content such local justice should have. John Rawls’s political liberalism was constructed for the specific problem of a just basic structure; in order to apply it to another problem the key theoretical concepts must be revised. Reasons for a specific construction of a local original position are given and arguments are presented in support of a principle of local justice, which takes the form of a choice egalitarian local difference principle. (shrink)

Este trabalho expõe e discute alguns aspectos do liberalismo igualitário. Depois de apresentar alguns aspectos essenciais de sua formulação em Rawls, e da crítica de esquerda normalmente feita contra ele, mostra-se que o verdadeiro primeiro princípio da justiça como equidade de Rawls não é o princípio das liberdades iguais, e que, dentre duas interpretações do princípio da diferença, frouxamente e rigorosamente igualitária, apenas a segunda é compatível com o liberalismo de Rawls.

This essay is about the moral and political justification of affirmative action programs in the United States. Both legally and politically, many of these programs are under attack, though they remain ubiquitous. The concern of this essay, however, is not with what the law says but with what it should say. The main argument advanced in this essay concludes that most of the controversial affirmative action programs are unjustified. It proceeds in a way that avoids dependence on controversial theories of (...) justice or morality. My intention is to produce an argument that is persuasive across a broad ideological spectrum, extending even to those who believe that justice requires these very programs. Though the main focus of the essay is on affirmative action, in the course of making the case that these programs are illegitimate, I shall defend some principles about the conditions under which it is appropriate for the state to impose on civil society the demands of justice. These principles have broader implications for a normative theory of social change in democratic societies. (shrink)

An oversized reliance on big data-driven algorithmic decision-making systems, coupled with a lack of critical inquiry regarding such systems, combine to create the paradoxical “black box” at work. The “black box” simultaneously demands a higher level of transparency from the worker in regard to data collection, while shrouding the decision-making in secrecy, making employer decisions even more opaque to the worker. To access employment, the worker is commanded to divulge highly personal information, and when hired, must submit further still to (...) algorithmic processes of evaluations which will make authoritative claims as to the workers’ productivity. Furthermore, in and out of the workplace, the worker is governed by an invisible data-created leash deploying wearable technology to collect intimate worker data. At all stages, the worker is confronted with a lack of transparency, accountability, or explanation as to the inner workings or even the logic of the “black box” at work. This data revolution of the workplace is alarming for several reasons: the “black box at work” not only serves to conceal disparities in hiring, but could also allow for a level of “data-laundering” that beggars any notion of equal opportunity in employment and there exists, the danger of a “mission creep” attitude to data collection that allows for pervasive surveillance, contributing to the erosion of both the personhood and autonomy of workers. Thus, the “black box at work” not only enables worker domination in the workplace, it deprives the worker of Rawlsian justice. (shrink)

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is no clear picture of what a society that met Rawls's principles of justice would actually look like. This article sets out to explore that question.

The article responds to previous work, by Martin O’Neill, about the Rawlsian case for an entitlement to an element of workplace democracy. Of the three arguments for such an entitlement that O’Neill discusses, this article focuses mainly on the one he rejects (on the grounds of its having an implausible premise): the Fundamental Liberties Argument, according to which the right to an element of workplace democracy is a basic liberty. This article argues that while the argument can be improved to (...) withstand O’Neill’s objection, it is invalid. The article sets out a new argument, the Argument from Risk to the Moral Powers. While inspired by the Fundamental Liberties Argument, it is valid. Moreover, its premises are at least as plausible as those of one of the two arguments upon which O’Neill builds his Rawlsian case for an entitlement to an element of workplace democracy. (shrink)