This chapter contains sections titled: Why Asset Ownership? The Content of Work: Meaningful Work The Governance of Work: Protection against Arbitrary Interference The Status of Work: Workers as Property Owners Conclusion References.

:In this essay I examine restrictions on labor as takings of property: a liberty to work is property, and restrictions of that liberty are takings. I set property in one’s labor within a unified framework for all forms of property, understood as a social institution for balancing two freedoms: freedom to act even if it interferes with someone else, and freedom from interference. As such, property includes not only possession but also use and disposition. To restrict use or disposition (...) is to alter those freedoms, which is a taking of property, including property in one’s labor. I understand such takings to be justified insofar as they benefit the persons whose freedoms are altered, taking up the question of when restrictions on use and disposition of labor are to the benefit or the harm of excluded workers. Appreciating that labor is property, and that restrictions on labor are takings, reframes the justificatory burden that restrictions on labor must bear. And where that justification is lacking, this approach reframes the nature of the wrongs that unjustified restrictions perpetrate, especially against the most vulnerable workers. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...) of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...) of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of (...) developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Accounts of autonomy which acknowledge the importance of non-domination – that is, of being structurally protected against arbitrary interference with one's life – face an apparent problem with regards to intimate relationships. By their very nature, such relations open us up to psychological and material suffering that would not be possible absent the particular relationship; even worse, from the non-domination point of view, is that this vulnerability seems to be structural in a way exactly analogous to (...) workplace or social domination. If being powerless to prevent an employer causing me harm constitutes domination at work, then what relevant differences can support the intuition that being powerless to prevent my partner causing me comparable pain is not autonomy-hostile? I argue for the reassuring view that the obligations and possibility of pain arising from such relations aren't necessarily dominating; they would be so only if we believed that any obligation we have not explicitly agreed to is a restriction on our autonomy, and that is false. I conclude with a note of caution: even though intimate relations aren't necessarily dominating, they will often be contingently so if they take place in a wider social context of domination – such as that which we currently inhabit. (shrink)

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the protection (...) of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social (...) contract would not include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

When life-saving medical resources are scarce and not everyone can be saved, is the only relevant goal saving the most lives? Or can other factors be considered, at least as tiebreakers, such as how early in life the people we don't save will die or how much future life they are likely to lose? This commentary defends a multiprinciple allocation approach that considers objectives in addition to saving more lives, including preventing early death and preventing harm in the form of (...) lost future life. Particularly compared to an arbitrary, coin-flip tiebreaker, this multiprinciple approach more effectively prevents harm, prioritizes the worst-off, mitigates socioeconomic and racial health disparities, and tracks public values regarding allocation under scarcity—and is legally sound. -/- . (shrink)

David Sobel has recently argued that libertarian theories that accept full and strict self-ownership as foundational confront what he calls the conflation problem: if transgressing self-ownership is strictly and stringently forbidden, it is implied that the normative protection against one infringement is precisely as strong as against any other infringement. But this seems to be an absurd consequence. In defense of libertarianism, I argue that the conflation problem can be handled in a way that allows us to honor (...) basic libertarian commitments. It is suggested libertarianism should be characterized as presumptive libertarianism, treating self-ownership as an assumption the content of which remains to be worked out when applied, rather than as a dogma ready for application: a proposal that relies on a standard market model. Since such a proposal is likely to appear to many philosophers—libertarians in particular—as inherently flawed, a considerable part of this article defends it against possible criticisms. It is argued that presumptive libertarianism is not only a coherent and theoretically elegant notion, but a version of libertarianism that honors pre-theoretical commitments to self-ownership and liberty better than some mainstream versions of libertarianism. (shrink)

In this paper we highlight the racialized effects of agricultural labor laws on Southeast Asian family farmers in California’s Central Valley. We show how agricultural labor laws intended to protect farmworkers on industrial farms discriminate against and challenge small Southeast Asian refugee farmers. Hmong, Iu-Mien and Lao family farmers rely on cultural practices of labor reciprocity and unpaid help from extended family and clan networks to sustain the economic viability of their farms. This kind of labor sharing, a central (...) tenet of their customary farming practices, and a cornerstone of the American family farm ideal, is illegal in California agriculture. We examine the historical context that gave rise to agricultural labor regulations in California and the ways in which these regulations are both under-enforced and unevenly enforced, differentially impacting immigrant family farms, while failing to protect those for whom the laws were originally intended. In highlighting how employment and labor laws and their enforcement or lack thereof discriminate against Southeast Asia farms, this study illustrates how other “small family farms” reliant on volunteerism or labor-sharing arrangements, part of the emergent “sharing economy,” may be confronting similar legal conundrums to those faced by Southeast Asian farms. (shrink)

Production in sweatshops entails an elevated risk of occupational injury and sickness due to accidents and exposure to dangerous working conditions. As most sweatshop locations lack basic social security systems, health problems have severe consequences for affected workers. Against this background, this article considers what obligations employers of sweatshop labor have to their workers, and how they should meet them. Based on core libertarian concepts, it shows that they are morally responsible for health problems caused by their (...) management decisions, that they should compensate affected workers, and that they must prevent potentially irreversible health problems. In line with Nozick’s contractarian method, the article further argues that these obligations should be implemented through a compulsory employment injury insurance system. Such a system would impose industry-wide health and safety standards, in contrast to the view that libertarianism excludes any labor regulation for the protection of workers, as an illegitimate interference in voluntary labor contracts. (shrink)

Does the concept of domination cast new light on issues that arise in the context of migration and citizenship? If citizenship is a status that provides protection from domination, understood as subjection to arbitrary interference, are non-citizens - whether outside or inside the state - necessarily subject to domination by virtue of being non-citizens? Does domination provide a useful basis for considering the harms that migrants suffer? If non-domination is a value to be promoted in politics, what are (...) the implications for the treatment of migrants and resident non-citizens? This book addresses issues of migration and citizenship within the frame of freedom, in terms of domination, understood as being subject to the threat of arbitrary interference. Coming from a variety of perspectives, the chapters examine the issues of migration controls, differential resident statuses, including temporary workers, refugees and long-term residents, and the conditions for access to citizenship in the light of these concerns. This book was published as a special issue of the Critical Review of International Social and Political Philosophy. (shrink)

BackgroundA large number of anxious and concerned people refer to health centers during the COVID-19 pandemic, increasing the workload of healthcare workers and violence against these professionals. The present study aimed to estimate the prevalence of workplace violence against HCWs during the COVID-19 pandemic.MethodsThis systematic review and meta-analysis was conducted via searching in databases such as Scopus, PubMed, and Web of Science, and observational articles reporting the prevalence of WPV against HCWs were selected. Heterogeneity between the (...) studies was assessed using Cochran's Q test. A random-effects model was used to estimate the prevalence of WPV. Data analysis was performed in the Stata software version 16.ResultsIn the initial search, 680 articles were identified and screened based on the Preferred Reporting Items for Systematic Review and Meta-Analysis steps. In total, 17 studies with a sample size of 17,207 HCWs were analyzed. The total prevalence of violence was estimated at 47%. In addition, the prevalence of physical and psychological violence was 17% and 44%, respectively. The prevalence of WPV was higher among physicians compared to other HCWs. The WPV in the America and Asia was 58 and 44%, respectively.ConclusionAccording to the results, WPV against nurses is prevalent during the COVID-19 pandemic, and intervention measures are required to protect the nursing staff against such violence. (shrink)

Libertarian self-ownership views in the tradition of Locke, Nozick, and the left-libertarians have supposed that we enjoy very powerful deontological protections against infringing upon our property. Such a conception makes sense when we are focused on property that is very important to its owner, such as a person’s kidney. However, this stringency of our property rights is harder to credit when we consider more trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. (...) Maintaining that our rights against all infringements are very powerful threatens to implausibly make such pollution and trivial risk broadly impermissible. This paper suggests that self-ownership views have tended to inappropriately conflate the seriousness of different types of infringements and that treating all infringements so seriously is implausible because it would make too much impermissible. I consider several ways to avoid this result within a self-ownership framework and conclude that the best approach is to allow that the strength of the protection against infringements should be tied to the seriousness of the harm of the infringement. (shrink)

This article examines the impact of the prevailing state ownership in the Chinese stock market on corporate governance and the financial regulatory system, respectively, as the internal and external monitoring mechanisms to deter corporate fraud and protect investors. In line with the literature that state ownership exaggerates the agency problem, we find that the retained state ownership in privatised firms increases the incidence of regulatory enforcements against fraud. For the state-owned enterprises (SOEs), however, larger state ownership is associated with (...) a lower incidence of enforcement actions. This is attributed to the mutual political affiliation of the fraudulent SOEs and the regulatory commission. A new regulation "Solutions for Listed Firm Checks" promulgated in March 2001 has mitigated this effect by empowering the regulatory commission to increase the severity of regulatory conditions. Our evidence confirms the improvement in the regulatory environment and investor protection in the Chinese stock market brought about by the regulatory reform and development. (shrink)

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the (...) internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights. (shrink)

Sociologist Niklas Luhmann argued that the law functions as society’s immune system by regulating conflicts that threaten the certainty of expectation structures. In this article, we argue that law itself has become a target of new social immune mechanisms. Since the 1980s, welfare states have increasingly seen their own structures as a threat. Today, the ideal is a public sector consisting of organizations that constantly emerge anew by selecting the structures that fit each specific moment, case, and citizen. To protect (...) public sector organizations against their own structures, ‘potentialization’ now functions as a social autoimmune mechanism by initiating a constant search for new openings and possibilities. This critique of structures includes a critique of legal structures like rights. Looking at the Danish law of early retirement as our empirical case, this paper analyzes, how the tension between law and ‘potentialization’ is built into the law itself. While the law gives citizens certain rights to early retirement, it simultaneously ‘protects’ against the same rights by potentializing citizens. ‘Potentialization’ here functions as a mechanism that protects the operations of a system against its legal structures. It functions by ‘un-relating’ those operations from the structures. This means that when citizens claim their right to pensions, the social workers can reject them on the grounds of a right to a future that is not foreclosed and ‘parked’ on a pension. The paper’s contribution is to show how potentialization works by dissolving even fundamental legal expectations. This profoundly transforms the relationship between the citizen and the public sector. (shrink)

This article undertakes a republican analysis of power in the workplace and labour market in order to determine whether workers are dominated by employers. Civic republicans usually take domination to be subjection to an arbitrary power to interfere with choice. But when faced with labour disputes over what choices it is normal for workers to make for themselves, these accounts of domination struggle to determine whether employers possess the power to interfere. I propose an alternative capabilitarian conception (...) of domination as the arbitrary power to determine access to capabilities necessary for relationships of equality between citizens. This approach allows us to diagnose domination in the workplace and the labour market but does not capture unfreedom arising from the wider socio-structural position of workers. Thus, I supplement this capabilitarian account of the domination of workers with a structural account of dominating power, which reveals a richer set of conditions under which employers dominate workers. (shrink)

Introduction: Agricultural workers perform intense labor outside in direct sunlight and in humid environmental conditions exposing them to a high risk of heat-related illness (HRI). To implement effective cooling interventions in occupational settings, it is important to consider workers’ perceptions. To date, an analysis of agricultural workers’ experience and perception of cooling devices used in the field while working has not been published. -/- Methods: Qualitatively data from 61 agricultural workers provided details of their perceptions and (...) experiences with cooling interventions. -/- Results: The participants in the bandana group reported the bandana was practical to use at work and did not interfere with their work routine. Cooling vest group participants agreed that the vest was effective at cooling them, but the practicality of using the vest at work was met with mixed reviews. -/- Conclusion: The findings of this qualitative study support and extend existing research regarding personal cooling and heat prevention research interventions with vulnerable occupational groups. Personal cooling gear was well received and utilized by the agricultural workers. Sustainable heat prevention studies and governmental protection strategies for occupational heat stress are urgently needed to reduce the risk of heat-related morbidity, mortality, and projected climate change health impacts on outdoor workers. (shrink)

Culling seems to be a cruel method of human interference in the lives of elephants. The method of culling is generally used to control population numbers of highly developed mammals to protect vegetation and habitat for other less important species. Many people are against human interference in the lives of elephants. In this article aspects of this highly controversial issue are explored. Three fascinating characteristics of this ethical dilemma are discussed in the introductory part, and then the (...) major arguments raised against human interference in the lives of elephants are evaluated. These arguments are the following: First, that nature should be allowed to run its course and establish its own balance; nature will thus solve the problem of elephant overpopulation. The second argument raised by animal-rights activists as well as by animal-welfare groups either claim that animals have rights that humans must respect at all times, or that all sentient beings have interests that humans ought to respect, as those beings can experience pleasure or pain. The third argument often associates culling elephants as method for population control with the commercial use and exploitation of wilderness areas. Many people argue that it is unethical to use wildlife as a sustainable resource for fighting poverty. In conclusion it is stated that despite these arguments human intervention in the lives of elephants are ethically justified. (shrink)

Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian (...) self-ownership framework. I argue that all of these responses are significantly flawed. (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on (...) Italian case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)

Harrison Frye claims that socialist republicanism may be unable to reduce domination due to efficiency costs and accountability deficits imposed by public ownership. I argue that the empirical and theoretical grounds for expecting such a decline in economic efficiency are weak. Moreover, the egalitarian distributive effects of public ownership are likely to be more important for insulating people from domination. So too, workers, consumers, and citizens are not well-protected from domination by the accountability of managers to profit-seeking shareholders. (...) I conclude that the investor-owned firm will do far more to exacerbate dominating power than to constrain it. (shrink)

This paper offers an answer to an objection to Phillip Pettit’s neo‐republican account of freedom as non‐domination raised by Sharon Krause. The objection is that widespread prejudice, such as systemic racism or sexism, generates significant obstacles to individuals’ free agency but that neo‐republicanism fails to explain why these obstacles reduce freedom. This is because neo‐republicanism defines domination in terms of the capacity for arbitrary interference, but many prejudiced actions do not involve physical coercion, threats, or any other (...) behavior typically described as types of interference. The paper discusses three strategies to account for the impact of widespread prejudice on the domination of groups. It argues that the most plausible strategy redefines domination in terms of behavior that is prima facie wrong and lacks appropriate checks. Such behavior includes interference but also includes prejudiced actions, such as failing to select the most qualified candidate for a job. (shrink)

Arguments for handgun ownership typically appeal to handguns’ value as an effective means of self-protection. Against this, critics argue that private ownership of handguns leads to more social harm than it prevents. Both sides make powerful arguments, and in the absence of a reasonable consensus regarding the merits of gun ownership, David DeGrazia proposes two gun control policies that ‘reasonable disputants on both sides of the issue have principled reasons to accept.’ These policies hinge on his claim that ‘an (...) even-handed examination of the available evidence casts considerable doubt on the thesis that handgun ownership enables more adequate self-defense and physical security in the home.’ We challenge DeGrazia’s ‘moderate gun control’ policies on both philosophical and empirical grounds. Philosophically, we show that the arguments he gives in support of his proposed gun-control measures are too narrow and incomplete to warrant his conclusions about what kind of gun control there ought to be, even if he is right about the empirical evidence. Empirically, we argue that a truly even-handed examination of the evidence makes DeGrazia’s claim that gun ownership is on average self-defeating much less plausible than he supposes. Our conclusion is that DeGrazia has failed to establish his claim that gun ownership is self-defeating and therefore has no case for the gun-control policies he suggests. (shrink)

In this work we analyse the main interpretations of ownership in Original Institutional Economics (OIE) and their links with pragmatist psychology and psychoanalysis. We consider Thorstein Veblen's notion of ownership as a relation of possession of persons, and John R.Commons's distinction between “corporeal” and “intangible” property, that marks the shift from a material possession of goods and arbitrary power over the workers to the development of human faculties in a more participatory environment. For space reasons we do not (...) address other contributions developed both by the OIE and by the New Institutional Economics. We then consider a number of contributions of pragmatist social psychology and psychoanalysis that, although not dealing directly with the notion of ownership, can cast light not only on the private and “material“ aspects of ownership but also on its collective and “relational aspects”. The reason why we consider it useful to address different perspectives is that, as observed by the famous sociologist Karl Mannheim (1952), a landscape can be seen only from a determined perspective and without perspective there is no landscape. Hence, observing a landscape (or phenomenon) from different angles (or disciplines) can help to acquire a much clearer insight into the features of the various perspectives. And this is one of the main advantage of a pluralist approach to the study of economic and social phenomena, also aimed at overcoming the fragmentation so often present in social sciences. In this light, the interpretative theories that we address, however different in many respects, present notable complementarities, in the sense that the aspects more overlooked by some are more completely considered by the others. In our work, these different but complementary notions of ownership can help illuminate the manifold aspects of human relations, also with a view to provide a more tailored policy action for the solution of their more problematic aspects. (shrink)

Normal 0 false false false EN-CA X-NONE X-NONE Compared to other European countries, the employment rate of older workers in Belgium is rather low. This paper argues that one of the most relevant factors underlying the problems of this low employment rate in Belgium is the social policies directed at older workers. Indeed, when unemployment became a widespread phenomenon in the1970s and 80s, early-retirement schemes were designed to alleviate the financial implications on an aging workforce. The government (...) encouraged anyone over 50 to leave the labour market through early retirement schemes, unemployment payment programs, medical retirement, and career breaks. These practises were based on a wide consensus of government, business, and workers. However, for some years now, international organizations have been concerned about the viability of pension systems and their ability to achieve their objectives. In recent years, different factors have led policy makers to rethink this policy. But changing the trend and keeping people on the job has proven more difficult than foreseen. The transformations of public policies begun at the dawn of the 21st century radically changed the balance between the state, workers, and employers, who had all previously seen early retirement as favourable. This paper also tries to show how early retirement is not simply a desire to escape, but can also be explained as an aggression against the person by the labour market. Leaving professional life early thus seems more to be a case of necessity, in fact not a choice at all, but an obligation, or even a sacrifice, and must be seen in the perspective of professional duties and their evolution. (shrink)

The COVID-19 outbreak has placed extraordinary demands upon healthcare systems worldwide. Italy's hospitals have been among the most severely overwhelmed, and as a result, Italian healthcare workers' well-being has been at risk. The aim of this study is to explore the relationships between dimensions of burnout and various psychological features among Italian healthcare workers during the COVID-19 emergency. A group of 267 HCWs from a hospital in the Lazio Region completed self-administered questionnaires online through Google Forms, including the (...) Maslach Burnout Inventory, Resilience Scale, and Intolerance of Uncertainty Scale Short Form. Cluster analysis highlighted two opposite burnout risk profiles: low burnout and high-risk burnout. The high-risk group had lower resilience and greater difficulties in tolerating the uncertainty than the low-burnout group. A set of general linear models confirmed that both IU subscales, prospective and inhibition, moderated the relationship between resilience and burnout. In conclusion, the results showed that individual levels of resilience and one's ability to tolerate uncertainty have been significant factors in determining the impact of the COVID-19 emergency on HCWs. The use of emotional strategies that allow individuals to stay in a critical situation without the need to control it appears to protect against burnout in these circumstances. (shrink)

Despite the fact that informal labour is a widespread phenomenon, the business ethics literature tends to describe it as a problem that needs to be overcome, rather than contemplating its merits. Informal labour is linked to poor working conditions, low-income and insufficient protection. However, it is also a survival strategy and upholds essential services, such as waste collection and recycling. Through the lens of postmodern ethics, we analyse 45 interviews with formal and informal waste management workers in Kinshasa. (...) The study explores the functioning and limits of recycling services in a metropolis, focusing on the experience of African workers and entrepreneurs. A complex picture of ethical challenges and individual business and survival strategies emerges from the analysis. Our findings demonstrate that labour decisions of voiceless people cannot be reduced to being rational or desperate choices, but that they reflect a careful elaboration of currently available options and strategies for the future. The study contributes to our understanding of entrepreneurship in a post-conflict context, the role of informal labour in the functioning of formal businesses in Africa and the contribution of postmodern theory to the study of businesses in non-Western societies. (shrink)

This article considers the practical question of how research institutions should best structure their legal relationship with the human genomic data that they generate. The analysis, based on South African law, is framed by the legal position that although a research institution that generates human genomic data is not automatically the owner thereof, it is well positioned to claim ownership of newly generated data instances. Given that the research institution exerts effort to generate the data, it can be argued that (...) it has a moral right to claim ownership of such data. Combined with the fact that it has an interest in having comprehensive rights in such data, it appears that the prudent policy for research institutions is to claim ownership of the human genomic data instances that they generate. This policy is tested against two opposing policy positions. The first opposing policy position is that research participants should own the data that relate to them. However, in light of data protection legislation that already provides extensive protections to research participants, bestowing data ownership on research participants would offer little benefit to such individuals, while leading to significant practical problems for research institutions. The second opposing policy position is that the concept of ownership should be abandoned in favour of data custodianship. This opposing position is problematic, as avoiding reference to ownership is a denial of legal reality and hence not a useful policy. Also, avoiding reference to ownership will leave research institutions with limited legal remedies in the event of appropriation of data by third parties. Accordingly, it is concluded that the wisest policy for research institutions is indeed to explicitly claim ownership of the human genomic data instances that they generate. (shrink)

While COVID-19 has generated a massive burden of illness worldwide, healthcare workers (HCWs) have been disproportionately exposed to SARS-CoV-2 coronavirus infection. During the so-called ‘first wave’, infection rates among this population group have ranged between 10% and 20%, raising as high as one in every four COVID-19 patients in Spain at the peak of the crisis. Now that many countries are already dealing with new waves of COVID-19 cases, a potential competition between HCW and non-HCW patients for scarce resources (...) can still be a likely clinical scenario. In this paper, we address the question of whether HCW who become ill with COVID-19 should be prioritised in diagnostic, treatment or resource allocation protocols. We will evaluate some of the proposed arguments both in favour and against the prioritisation of HCW and also consider which clinical circumstances might warrant prioritising HCW and why could it be ethically appropriate to do so. We conclude that prioritising HCW’s access to protective equipment, diagnostic tests or even prophylactic or therapeutic drug regimes and vaccines might be ethically defensible. However, prioritising HCWs to receive intensive care unit (ICU) beds or ventilators is a much more nuanced decision, in which arguments such as instrumental value or reciprocity might not be enough, and economic and systemic values will need to be considered. (shrink)

To ban or significantly restrict visitors for patients in hospital could seem to be simply a sensible and easy precaution to take during a pandemic: a policy that is unpopular, perhaps, and even unfortunate, but not something that wrongs anyone. However, I argue that in fact such restrictions on visitors infringe upon a fundamental right, to freedom of association. While there may still be permissible restrictions on visitors, making the case for these becomes highly demanding. One common way to understand (...) the purpose of the fundamental liberties is as protecting us from interference in a core set of freedoms, even when such interference would be to our benefit or would promote the general good. This reframing of the importance of visitors in terms of a right also has implications for how to run hospitals beyond the pandemic era: it supports a rapid expansion of visitor access and suggests that any decision to significantly restrict visitors ought not be left in the hospital, or hospital trust’s, hands. (shrink)

Latin American social protection systems show that the fundamental ambivalence of modernity is captured by the twin notion of liberty and discipline in the context of a plurality of modes of socio-political organization. According to this understanding, this article analyses the potential of the so-called Conditional Cash Transfer programmes, which are widespread in the region, to strength or reduce personal autonomy. These programmes are promoted by claiming their virtues to reduce poverty and impose good behaviour on poor people in (...) order to improve the ‘human capital’ of future generations. However, numerous elements challenge these alleged virtues: arbitrary selection of beneficiaries, interference in people’s lives, stigmatization of recipients, inability to achieve universal coverage and act in a preventive manner with regards to urgent needs, the creation of poverty traps and informal working, etc. Taking these elements into account, this article explains how these programmes do not improve people’s autonomy and political independence. (shrink)

There is widespread agreement among political philosophers that there is a core set of civil and political liberties that ought to be given special protections by any state. In contrast, there is significant disagreement about whether (and which) economic liberties deserve the same level of protection and priority. To what extent should freedom in economic activities be protected by and from the government? To what extent is it justifiable for government to interfere with economic activities for the sake (...) of equalizing opportunities and protecting the welfare of society’s vulnerable? John Rawls famously held that only a narrow range of economic liberties are basic liberties deserving special protections, though he never offered a full defense of that claim. In _Free Market Fairness_ John Tomasi argued against Rawls, claiming it follows from Rawls’s own assumptions that we ought to protect a broad range of economic liberties as basic liberties. This paper attempts to provide the missing argument in favor of Rawls’s position in this debate and against Tomasi’s. First, I argue for a novel interpretation of Rawls’s criterion for basic liberties. Second, I use that interpretation to argue that Rawls was correct and consistent to exclude contract rights and productive property rights from the scheme of basic liberties. (shrink)

The purpose of this study is to examine the relationship between contextual work-related factors on the one hand, in terms of job demands (i.e., risk factors) and job resources (i.e., protective factors), and work-family conflict in teachers on the other. Building on the Job Demands-Resources (JD-R) model, we hypothesized that job demands, namely qualitative and quantitative workload, are positively associated with work-family conflict in teachers. Moreover, in line with the buffer hypothesis of the JD-R, we expected job resources, in terms (...) of support from supervisor, job autonomy, and participation in decision making, to affect this association, which is expected to be stronger when job resources are low. The study was conducted in an Italian secondary school. Overall, 122 teachers completed a self-report questionnaire aimed at determining work-family conflict, as well as job demands and resources. The hypothesized relationships were tested using moderated multiple regression. The results of this study largely support our predictions. First, both aspects of workload were positively associated with work-family conflict. Secondly, job resources, including support from supervisor and participation in decision making, buffered this association, which was stronger when resources were low. On the contrary, job autonomy did not buffer the association between workload and work-family conflict. Overall, the results of this study are consistent with the Job Demands-Resources model and contribute to to the understanding of work–family conflict among teachers. More specifically, our study suggests that teachers with high levels of job resources, namely support from supervisor and participation in decision making, can effectively cope with job demands, in terms of both qualitative and quantitative workload, thus preventing negative consequences such as conflict between work and family domains. Interventions aimed at preventing work-family conflict among teachers should encourage organizations to optimize the balance between job demands and resources, as well as the identification and training of the workers at risk of work-family conflict. (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

The question of whether protective labor legislation is beneficial to female workers has triggered much debate among feminist scholars. Like proponents of laissez-faire, some feminist scholars and activists have argued that such legislation harms the economic interests of women by lowering their wages and diminishing their employment prospects on the free labor market. This article reexamines the arguments made by opponents of protective labor legislation in the light of the historical development of the welfare state in Britain and France. (...) It is shown that the case against gender-specific protective labor legislation does not hold on empirical grounds. A strong body of evidence shows that protective labor legislation historically brought increasing economic returns and expanded opportunities to women in both countries. This has important implications for contemporary debates about the relationship between protective labor legislation and gender discrimination in the European Community, the International Labor Organization, and developing countries. (shrink)

In an era of fiscal austerity and dualization of social protection, has organized labor become increasingly split along skill and industry lines? Against recent political science accounts of trade union involvement in social policymaking, this paper argues that, in the specific area of pensions, unions representing high-skilled workers and the core industrial sectors of the economy have paradoxically been led to increase their cooperation with unions representing the less privileged segments of labor, in order to improve coverage of (...) private pensions across the board. These unions’ motivations for doing so and the strategies they have employed have nonetheless differed according to the preexisting institutional design of domestic pension systems. The argument is supported with case studies of British, French, German, and Belgian unions’ involvement in contemporary pension reform. (shrink)

In 1987, apprehension that “unreasonable mistakes of fact” might negative mens rea in sexual assault cases led the Canadian Parliament to enact “reasonable steps” requirements for mistakes of fact with respect to the age of complainants. The role and operation of the “reasonable steps” provisions in ss. 150.1(4) and (5) and, to a lesser extent, s. 273.2 of the Criminal Code, must be reassessed. Mistakes of fact are now largely addressed at common law by jurisprudence that has re-invigorated judicial awareness (...) of the evidentiary requirements for the availability of defences at common law and explicitly defines “honest belief” as a belief that is neither reckless nor willfully blind. As a consequence of these common law developments, the defence of mistake of fact with respect to age is rarely available as a matter of law. Properly used, these common law analytic tools afford minors and under-age sex-workers better legal protection from sexual exploitation than has often been achieved in practice over the last 25 years with the “reasonable steps” requirement under ss. 150.1(4) and (5). -/- Socio-economic inequalities ensure that aboriginal children and youth are disproportionately affected by the non-enforcement, under-enforcement, and selective enforcement of laws enacted to protect minors against sexual assault and participation in sex work. Continued reliance by prosecutors and judges on out-moded jurisprudence in the screening, prosecution, and disposition of these cases in the criminal justice system reinforces existing patterns of inequality and disadvantage and violates basic principles of human rights. (shrink)

Lockean approaches to property take it that persons can unilaterally acquire private ownership over hitherto unowned resources. Such natural law accounts of property rights are often thought to be of limited use when dealing with the complexities of natural resource use outside of the paradigm of private ownership of land for agricultural or residential development. The tragedy of the commons has been shown to be anything but an inevitability, and yet Lockeanism seems to demand that even the most robust common (...) property arrangements be converted to privatized units. This often motivates a move away from natural law in the moral analysis of property rights. I argue however that it is not the deontological nature of Lockean principles that are at fault, but rather the manner of their application. Lockean theory often exhibits a bias in favour of private property: assuming that only private property can protect one’s interest in autonomy, and therefore asserting that each individual has a power of private acquisition. Starting with a claim against interference however enables us to mould the appropriate property rights to each individual’s particular interest in autonomy. This sometimes leads to private ownership, but often leads to various forms of commons. (shrink)

IntroductionHigh healthcare costs make illness precarious for both patients and their families’ economic situation. Despite the recent focus on the interconnection between health and financial risk at the systemic level, the ethical conflict between concerns for potential health benefits and financial risk protection at the household level in a low-income setting is less understood.MethodsUsing a seven-step ethical analysis, we examine a real-life dilemma faced by families and health workers at the micro level in Ethiopia and analyse the acceptability of (...) limiting treatment for an ill newborn to protect against financial risk. We assess available evidence and ethical issues at stake and discuss the dilemma with respect to three priority setting criteria: health maximisation, priority to the worse-off and financial risk protection.ResultsGiving priority to health maximisation and extra priority to the worse-off suggests, in this particular case, that limiting treatment is not acceptable even if the total well-being gain from reduced financial risk is taken into account. Our conclusion depends on the facts of the case and the relative weight assigned to these criteria. However, there are problematic aspects with the premise of this dilemma. The most affected parties—the newborn, family members and health worker—cannot make free choices about whether to limit treatment or not, and we thereby accept deprivations of people’s substantive freedoms.ConclusionIn settings where healthcare is financed largely out-of-pocket, families and health workers face tragic trade-offs. As countries move towards universal health coverage, financial risk protection for high-priority services is necessary to promote fairness, improve health and reduce poverty. (shrink)

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states' positive (...) duties to prevent harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor countries acquire special duties to their compatriots that render them liable to coercive interference. (shrink)

Despite the reality that self-learning artificial intelligence systems (SLAIS) are gaining in sophistication, humanity’s focus regarding SLAIS-human interactions are unnervingly centred upon transnational commercial sectors and, most generally, around issues of intellectual property law. But as SLAIS gain greater environmental interaction capabilities in digital spaces, or the ability to self-author code to drive their development as algorithmic models, a concern arises as to whether a system that displays a “deceptive” level of human-like engagement with users in our physical world ought (...) to be uniquely protected. Although many voices in the legal and technology realms have continued to argue against unique protections for digital entities, the fact at hand is that SLAIS design is becoming increasingly anthropomorphic so as to make these systems more capable of interacting with a wide range of (potentially) vulnerable populations—generally as a means to enhance these populations’ overall well-being. To frame this concern in a different way, the specific question at hand is whether a human’s “ownership” of such an advanced SLAIS is legal, considering that it (or they) may possess intelligence on par with a human or a convincing-enough display of such behaviour. Given that “ownership” over entities with (seemingly) intelligent behaviours consistent with human populations has been effectively banned by the international community, an examination into this subject and its implications is wholly necessary given humanity’s quest to exist solely in digital environments through whatever means possible. (shrink)

This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is not the exercise (...) of employer authority but instead reflects a prerogative of enterprise ownership, like a right to protect property and determine product lines. Thus, managerial prerogative both explains labor control and exempts that control from the statutory duties that would otherwise attach under the legal tests. Platform companies appear to have taken notice of such cases and designed their work relationships around property-based rationales. For instance, Uber uses a software “license” in which drivers agree to Uber’s authority as a condition for accessing the app. The license depicts the terms upon which drivers must affirmatively cooperate with Uber to produce transportation as simply the negative duties not to interfere with Uber’s intellectual property. The Article concludes that we must reject appeals to managerial prerogative in employment classification disputes. To assume that a property-based rationale for labor control is inconsistent with employment is to misunderstand the legal basis of employment and the purpose of statutory labor law. The appeals also rely on dubious economic assumptions and conflate property rights with agreements about the use of property. (shrink)

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states' positive (...) duties to prevent harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor countries acquire special duties to their compatriots that render them liable to coercive interference. (shrink)

The article analyses European regulations concerning the health protection at work with nanomaterials in the context of the Christian vision of human work. The increasingly widespread presence of nanotechnology in workplaces requires serious reflection on the adequacy of employers’ measures to protect workers’ health from the risks in the workplace. The lack of clear guidance in European legislation directly concerning work with nanoparticles is problematic. Moreover, the health consequences for workers using nanomaterials in the work process are (...) not fully explored in science. It is therefore essential to consider what values should accompany employers in shaping working conditions and what values should be legislated when creating occupational health and safety law. First of all, how should the employers deal with the unknown? Should they abandon nanomaterials for which they do not have adequate information at all until the consequences for workers’ health have been established? Should such action be limited to situations where studies indicate the toxicity of the nanomaterials present in the working environment? In this context, the article analyses values and objectives indicated by the teaching of the Catholic Church. The publication presents a Christian vision on the protection of workers’ health and their place in the work process. Europe has been under the influence of Christianity for many centuries now. The Catholic Church’s view of human labour continues to be present in public debates in Europe. The Christian view of human labour is focused on the working man and his dignity. Irrespective of other concepts of labour, Christianity assumes the priority of a human being over capital. The Catholic Church analyses the working man as going beyond the Earthly context, which is not typical for such doctrines as liberalism or Marxism. The author’s article is an attempt in answering the question about how up to date the Catholic Church’s views on human labour are in the light of nanotechnology development in the workplace. (shrink)

Animal rights positions face the ‘predator problem’: the suggestion that if the rights of nonhuman animals are to be protected, then we are obliged to interfere in natural ecosystems to protect prey from predators. Generally, rather than embracing this conclusion, animal ethicists have rejected it, basing this objection on a number of different arguments. This paper considers but challenges three such arguments, before defending a fourth possibility. Rejected are Peter Singer’s suggestion that interference will lead to more harm (...) than good, Sue Donaldson and Will Kymlicka’s suggestion that respect for nonhuman sovereignty necessitates non-interference in normal circumstances, and Alasdair Cochrane’s solution based on the claim that predators cannot survive without killing prey. The possibility defended builds upon Tom Regan’s suggestion that predators, as moral patients but not moral agents, cannot violate the rights of their prey, and so the rights of the prey, while they do exist, do not call for intervention. This idea is developed by a consideration of how moral agents can be more or less responsible for a given event, and defended against criticisms offered by thinkers including Alasdair Cochrane and Dale Jamieson. (shrink)

In this article, I defend the inviolability approach to solving the paradox of deontology against a criticism raised by Michael Otsuka. The paradox of deontology revolves around the question whether it should always be permissible to infringe someone's right to non-interference when this would serve to minimize the overall number of comparable rights infringements that occur. According to the inviolability approach, rights to non-interference protect and give expression to our personal sovereignty, which is not advanced through the (...) minimization of rights infringements. This seems to dissolve the paradox. Otsuka, however, contends that the proposed solution relies on too narrow an understanding of personal sovereignty. He argues that there is an enforceability dimension to personal sovereignty that would seem to undermine the inviolability approach. While I agree with Otsuka that enforceability is an important aspect of personal sovereignty, I argue that properly construed, the enforceability dimension of personal sovereignty does not undermine the inviolability approach. (shrink)