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The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large and hard to (...) |
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Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...) |
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I.WhatVintage ofCivilRights?In this paper I wish to compare and contrast two separate conceptions of civil rights and to argue that the older, more libertarian conception of the subject is preferable to the more widely accepted version used in the modern civil rights movement. The first conception of civil rights focuses on the question of individual capacity. The antithesis of a person with civil rights is the slave. But even if individuals are declared free, they are nonetheless denied their civil rights (...) |
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In recent years there has been growing interest in the contrast between Humean theories of property, on the one hand, and Lockean and Rousseauian theories, on the other. The contrast is a broad and abstract one, along the following lines. |
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This article redescribes early modern European defenses of private property in terms of a theoretical project of seeking to establish the true or essential nature of property. Most of the scholarly literature has focused on the historical and normative issues relating to the various accounts of original acquisition around which these defenses were organized. However, in my redescription, these so-called “original acquisition stories” appear as methodological devices for an analytic reduction and resolution of property into its fundamental elements and axioms. (...) |
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On a familiar conception of the business of ethics, we are set to produce theories which codify our intuitive conception of values. And on this conception, the notion of a theory is that of an account which, in providing the epistemological backing to our intuitive evaluations, overrules our intuitive grasp of our moral lives. An intuitionist faces a dilemma: Without an epistemological backing intuitions of value seem unsuited to deliver moral truth, and yet if a theoretical backing is provided this (...) |
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The preservationist duties that conservationists would lay upon landowners to protect the natural environment obviously interfere with what those people do with their land. That is often taken to be an equally obvious ? albeit possibly justifiable ? violation of their rights in that property. But to say that, as landowners often do, would be to imply that property rights somehow embrace a ?right to destroy?. Closer inspection suggests that they do not. That would be a further right, additional to (...) |
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In Simple Rules for a Complex World, I outlined a set of legal rules that facilitate just and efficient social interactions among individuals. Frederick Schauer's critique of my book ignores the specific implications of my system in favor of a general critique of simplicity that overlooks the dangers to liberty when complex rules confer vast discretion on public figures. He also does not refer to the nonlibertarian features of my system that allow for overcoming holdout positions. These “take and pay” (...) |
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A broad range of intellectual perspectives may be brought to bear on any important social institution. To this general rule, the institution of private property is no exception. The desirability of private property has been endlessly debated across the disciplines: philosophical, historical, economic, and legal. Yet there is very little consensus over its proper social role and limitations. Is it possible to find a unique solution to questions of property and private ownership, good for all resources and for all times? (...) |
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It is a common conceit of academic writing to insist that progress in some given area of law or political theory is hampered by hopeless confusion over the meaning of certain standard terms. My usual attitude toward such claims is one of passionate rejection. Because the English language has served us well for such a long period of time, I bring a strong presumption of distrust to any claim of the conceptual poverty of ordinary language. The persistent fears of lack (...) |
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This paper proposes a way to undercut anarchist objections to taxation without endorsing an authoritarian justification of government coercion. The argument involves public goods, as understood by economists and others. But I do not analyse options of autonomous prisoners and the like; for, however useful otherwise, these abstractions underestimate the real-world task of sorting out the prerogatives of and limits on ownership. Proceeding more contextually, I come to recommend a shareholder addendum to the doctrine of public goods. This recommendation involves (...) |
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In this paper, I aim to critically examine a set of assumptions that pervades human resource management and HR practices. I shall argue that they experience a remarkable ethics deficit, explain why this is so, and explore how the UN Global Compact labor principles may help taking ethics seriously in HRM. This paper contributes to the understanding and critical examination of the undisclosed beliefs underlying theory and practice in human resource management and to the examination of how the UN Global (...) |
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