In this paper we analyse the concept of coerced exchange (and partly of voluntary exchange inasmuch as the absence of coercion is its necessary condition), which is of utmost importance to economic theory in general and to the Austrian School of Economics in particular. The subject matter literature normally assumes that a coerced action occurs under threat. Threats in turn can be studied from the perspective of speech act theory, which is concerned with the speaker’s intentions. Ultimately, (...) our goal is to provide a descriptive (i.e. non-moralized) definitions of threat and coercion, based on the analysis of the coercer’s intentions. If successful, we would be in a position to present such an account of coerced and voluntary exchanges that is compatible with both speech act theory and the Austrian methodology. Although we focus on the Austrian School of Economics, we believe that our investigations might impact on economic theory in general. We also criticize a rights-based account of coercion employed in the research practice of some neo-Austrians and based on the libertarian ethic of property rights. (shrink)

I develop a conception of voluntary exchange and its value that helps us understand the fundamental source of difficulty with voluntary exchange. We can make a great deal of progress in understanding the promise and the perils of voluntary exchange by elaborating an analogy between voluntary exchange and democracy. To be sure, this is a hazardous activity since there are many differences between these areas. But a careful effort here will illuminate the (...) domain of voluntary exchange in both normative and descriptive dimensions. I argue that there is a fundamental tension between the normative principle that applies to voluntary exchange and the basic mechanism by which voluntary exchange operates. The fundamental normative principle, I will argue, is the principle that power over the making of an agreement with another ought to be proportioned among the persons to the interests each person has at stake in the making of the agreement. The fundamental mechanism of voluntary exchange, on the other hand, is that power is inversely proportioned to the stakes someone has in making the agreement. The more interests I have at stake in making an agreement, the more say over the content of the agreement I should have, and, yet, the more my interests hang on an agreement, the less bargaining power I have and so the less say I have in the making of the agreement. Hence, the inherent tendency of voluntary exchange is to work against the realization of the fundamental normative principle that regulates voluntary exchange. Hence, we have a deep and pervasive opposition between fact and norm in the very nature of voluntary exchange. All is not entirely hopeless, however, since there is a unique point where this opposition does not appear and that is in equality in the background conditions of exchange. (shrink)

The arguments for redistribution of wealth, and for prohibiting certain transactions such as price-gouging, both are based in mistaken conceptions of exchange. This paper proposes a neologism, “euvoluntary” exchange, meaning both that the exchange is truly voluntary and that it benefits both parties to the transaction. The argument has two parts: First, all euvoluntary exchanges should be permitted, and there is no justification for redistribution of wealth if disparities result only from euvoluntary exchanges. Second, even exchanges (...) that are not euvoluntary should generally be permitted, because access to market exchange may be the only means by which people in desperate circumstances can improve their position. (shrink)

Any plausibly just market exchange must balance two conflicting moral considerations: non-worseness (Wertheimer, 1999) and euvoluntariness (true voluntariness; Munger, 2011). We propose an analytical theory of just market exchange that partly resolves this conflict.

This timely and provocative book challenges the conventional wisdom that neoliberal capitalism is incompatible with social justice. Employing public choice and market process theory, Nick Cowen systematically compares and contrasts capitalism with socialist alternatives, illustrating how proponents of social justice have decisive reasons to opt for a capitalism guided by neoliberal ideas. Cowen shows how general rules of property and voluntary exchange facilitate widespread cooperation. Revisiting the works of John Rawls, he offers an interdisciplinary reconciliation of Rawlsian principles (...) with liberal democracy by introducing Robust Property-Owning Democracy, a new form of governance that aims to achieve social justice via practical, liberal means. Chapters address the knowledge problem and the incentive problem that emerge when aiming for a fair distribution of social resources and demonstrate how everyday political bargaining can help achieve just outcomes for all. Utilising insights from philosophy, politics and economics to show the role of market institutions and constitutional government in producing social justice, this book is crucial reading for academics, researchers and students of PPE and the political sciences. Its practical policy proposals will further benefit policymakers interested in mechanisms that spread the benefits of economic growth equitably. (shrink)

The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the principle of autonomy; contracting parties’ intent to assume legal obligation is in principle necessary and sufficient for its enforcement. Perfect theories do not view contract (...) as self-justifying but regard the process of agreement as reliable evidence that contracts are welfare-improving. This article demonstrates the limitations of pure and perfect views. It favours instead imperfect theories of contract, which would have judges self-consciously pursue the normative ends of contract law as they apply context-sensitive rules. (shrink)

Debating Education puts two leading scholars in conversation with each other on the subject of education-specifically, what role, if any, markets should play in policy reform. The authors focus on the nature, function, and legitimate scope of voluntary exchange as a form of social relation, and how education raises concerns that are not at issue when it comes to trading relationships between consenting adults.

This paper investigates an aspect of the question of whether capitalism can be defended as a morally legitimate economic system by asking whether capitalism serves progressive, feminist ends of freedom and gender equality. I argue that although capitalism is subject to critique for increasing economic inequality, it can be seen to decrease gender inequality, particularly in traditional societies. Capitalism brings technological and social innovations that are good for women, and disrupts traditions that subordinate women in materially beneficial and socially progressive (...) ways. Capitalism upholds the ideology of individual rights and the ideal of mutual advantage. By institutionalizing mutual advantage through the logic of voluntary exchange, progressive capitalism promotes the idea that no one is to be expected to sacrifice their interests with no expectation of benefit. Thus capitalism opposes the traditional, sexist ideal of womanly self-sacrifice. (shrink)

ABSTRACT: The conclusions on libertarianism Robert Nozick reaches are appropriate for a bygone era. In a modern market economy, libertarianism requires that employable people have the option of taking up a publicly provided income instead of employment. This is the only way to compensate the involuntarily unemployed that a market economy requires and to ensure that all employment is voluntary. Taxation on voluntary exchanges is unobjectionable because it alters prices, not property, and no one has a right to (...) a particular price. The best way to provide state incomes for the capable unemployed is through a negative income tax.RÉSUMÉ: Les conclusions de libertarisme que tire Nozick valent pour une époque révolue. Dans une économie de marché moderne, le libertarisme exige que les gens aptes au travail puissent opter pour un revenu de source publique plutôt que pour un travail. Voilà le seul moyen de compenser les sans-emploi involontaires que requiert l’economie de marché et de s’assurer que chacun travaille volontairement. Imposer les échanges volontaires est acceptable parce que cela affecte les prix, non la propriété, et que nul n’a droit à un prix prticulier. Le meilleur moyen pour l’État de fournir un revenu aux sans-emploi aptes au travail passe par un impôt sur le revenu négatif. (shrink)

ABSTRACT: The conclusions on libertarianism Robert Nozick reaches are appropriate for a bygone era. In a modern market economy, libertarianism requires that employable people have the option of taking up a publicly provided income instead of employment. This is the only way to compensate the involuntarily unemployed that a market economy requires and to ensure that all employment is voluntary. Taxation on voluntary exchanges is unobjectionable because it alters prices, not property, and no one has a right to (...) a particular price. The best way to provide state incomes for the capable unemployed is through a negative income tax.RÉSUMÉ: Les conclusions de libertarisme que tire Nozick valent pour une époque révolue. Dans une économie de marché moderne, le libertarisme exige que les gens aptes au travail puissent opter pour un revenu de source publique plutôt que pour un travail. Voilà le seul moyen de compenser les sans-emploi involontaires que requiert l’economie de marché et de s’assurer que chacun travaille volontairement. Imposer les échanges volontaires est acceptable parce que cela affecte les prix, non la propriété, et que nul n’a droit à un prix prticulier. Le meilleur moyen pour l’État de fournir un revenu aux sans-emploi aptes au travail passe par un impôt sur le revenu négatif. (shrink)

My strategy is to assume a "market libertarian" ideology for the purposes of this paper and then argue that employment offers directed toward people in desperate circumstances are predatory immoral offers. I develop comparisons between predatory behaviour that is widely held to be immoral (cases where people in power prey on the desperate, i.e., people who are desperately hungry, ignorant, secretive, etc.,) and the predatory behaviour of corporate agents who prey on desperate people for cheap labour. What all of these (...) cases have in common is that the predator takes advantage of the fact that the prey is not in a position to make a meaningful choice. When this argument by analogy is put in the context of the libertarian insistence that voluntary exchanges are at the foundation of everyone's freedom, it represents a devastating critique of neo-liberal consistency. (shrink)

With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system (...) of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark. (shrink)

Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they (...) are. Land owners, all unknowingly, distribute such services contractually as they rent or sell sites. Rent or price is the market value of such services, net after disservices, as they affect each site. By distributing occupancies to those who can pay the highest price, land owners’ interests align with those of society. Without this, tenure would be precarious—by force or favor of politicians. The 18th-century separation of land from state, so little studied by historians, permitted the development of modern property in land. This change is perhaps “the greatest single step in the evolution of Society the world has ever seen.” When land owners realize that they market community services, they will organize to produce and administer them as well, and society will be made whole. (shrink)

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke (...) and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough and as good" for others. The same considerations apply to legitimate acquisition by voluntary exchange, gift, or bequeathal. -/- This sort of argument has been critiqued for the purely hypothetical and counterfactual nature of its premises, for the coherence of the idea of self-ownership, for the notion that mixing what I own with what I do not gives me a right in what I do not rather than wasting what I own, and for the unacceptably cruel and heartless consequences of adopting it, among other reasons. -/- However, I accept the premises and waive (though note) these objections, and formulate a new objection, showing that to give me a right in what I do not own, the labor theory of property requires a commitment to a right to what I need. I distinguish several senses of need and show that the sense of need the argument requires is "use need," the need I have to to use something to exercise my labor on it. This turns out to have a startling counter-intuitive result: the libertarian principle, so understood, turns out to be "to each according to his needs," which Marx identified as the principle of the highest phase of communism as he understood it. If communism is understood as in some sense egalitarian, this argument for libertarianism turns itself inside out into an argument for egalitarian communism. Libertarians therefore cannot use the Labor Theory of Property to defend the positions they typically wish to hold. (shrink)

In this note we argue that Lars von Trier’s movie Dogville can be viewed as an illustration of a simple economy where one agent has only her body as initial endowment. The movie illustrates some interesting comparative statics of equilibrium allocations. It shows how life would be like in a world where, in the absence of constitutional or legal constraints, economic forces reign freely and raises some fundamental issues of voluntary exchange versus force that apply to a number (...) of contentious issues in public debate. JEL codes: A20, D30, D51, D63, F13. Keywords: Dogville, general equilibrium, welfare theorems, comparative statics, international trade, child labor, prostitution, economics education. (shrink)

According to conventional wisdom, the causes of economic inequality under capitalism are different in kind from those operating in a socialist system. In socialist societies today the distribution of wealth and income is determined by political authority, whereas in capitalism it is thought to arise mainly from the choices of individuals freely transferring goods and services in the competitive market. Robert Nozick's account of the workings of a ‘free society’ expresses this view clearly:There is no central distribution, no person or (...) group entitled to control all the resources, jointly deciding how they are to be doled out. What each person gets, he gets from others who give to him in exchange for something, or as a gift. In a free society, diverse persons control different resources, and new holdings arise out of the voluntary exchange and actions of persons … The total result is the product of many individual decisions which the different individuals involved are entitled to make. (shrink)

Critics of commodification object to sales but not gifts of some goods, such as human blood or human organs, on grounds that such trade wrongly coerces, morally corrupts, and crowds out altruism. This essay takes issues with each of these claims. It disputes Micheal Sandel’s claim that voluntary exchange coerces, arguing that he confuses what is unfair with what is unfree. It argues, where trade does create moral costs, that these costs should be weighed against the moral costs (...) of trade bans, such as the loss of human life, and the harms endemic to illegal markets. The essay also quarrels with Richard Titmuss’s The Gift Relationship, arguing that compensation for blood need not crowd out blood donation, that compensation does not preclude a charitable impulse, and that some important gift relationship posses elements of altruism and exchange.Ceux qui critiquent la marchandisation sont contre la vente mais pas contre le don de certains biens comme le sang ou les organes humains parce qu’un tel commerce exercerait une contrainte, corromprait morallement, et ne laisserait pas de place à l’altruisme. Ce papier traite de chacune de ces affirmations. Il consteste l’affirmation de Micheal Sandel selon laquelle l’échange volontaire exerce une contrainte, en suggérant qu’il confond ce qui injuste avec ce qui n’est pas libre. Si le commerce entraîne des coûts moraux, cet essai suggère que ces coûts devraient être comparés avec les coûts moraux associés aux interdictions de commerce tels que la perte de la vie humaine et ceux associés aux maux endémiques des marchés illégaux. Il critique aussi l’ouvrage de Richard Titmuss, “The Gift Relationship” en suggérant que les compensations monétaires en échange d’un don de sang n’évincent pas nécessairement le don de sang, qu’elles n’empêchent pas les impulsions charitables, et que d’importants actes de don comportent des éléments d’altruisme et d’échange. (shrink)

The nineteenth century was a period of unprecedented productivity in the world, occasioned by the widespread development and practice of contract and voluntary exchange. For the first time in history, man began to cease, like other animals, to be essentially predatory on his environment, despoiling and exhausting it, and began instead to make it progressively more productive and more able to support his own kind. Thomas Robert Malthus lived well into this productive century, but his thinking remained in (...) the past, as did that of his contemporary, David Ricardo, and his successors, the Classical Economists, including even J.S. Mill. In this essay Spencer Heath carefully refutes Ricardo’s argument in support of Malthus and stresses the importance of understanding man not in terms of his animal nature, but in terms of his uniquely human potential; that is, his evolving, creative nature. (shrink)

Michael Philips in his paper 'Are Coerced Agreements Involuntary?' argues against the widely accepted claim that agreements secured by coercion are involuntary and hence the law should not enforce coerced agreements. Philips's argument relies, I argue, upon an indefensible account of voluntariness. His account of voluntariness does not provide a justification for the system of voluntary exchanges, nor does it link up with our entrenched views about moral and legal responsibility. After arguing for the inadequacy of Philips's analysis of (...) voluntary, I show that Philips has not established the conclusions he thinks he has; specifically, he does not show that agreements made in response to coercion are not involuntary, that coercion does not invalidate agreements, and that the distinction between illegal and legal means which he is so eager to make cannot do the work he wants it to do. (shrink)

Private-property anarchy is better than the state in the enhancement of liberty and welfare. Strictly speaking, market exchange is one aspect of private-property anarchy. But I here focus on market-anarchy as that is a main source of confusion and debate. Similarly, pluralism is another aspect of privateproperty anarchy. I focus on pluralism as an example of a currently popular topic where private-property anarchy is misunderstood. ‘Pluralism’ here means ‘(tolerating) different ways of life’. ‘The market’ means ‘voluntary exchange’. (...) ‘Anarchy’ means ‘no rule’. Both interpersonal liberty and private property are inherently anarchic: no one is ruled to the extent that these exist. They are also naturally pluralist. The state, by contrast, coercively imposes ultimate control and is thus inherently illiberal and naturally Procrustean. Democratic prejudice obscures these facts. (shrink)

Private-property anarchy is better than the state in the enhancement of liberty and welfare. Strictly speaking, market exchange is one aspect of private-property anarchy. But I here focus on market-anarchy as that is a main source of confusion and debate. Similarly, pluralism is another aspect of private-property anarchy. I focus on pluralism as an example of a currently popular topic where private-property anarchy is misunderstood. ‘Pluralism’ here means ‘(tolerating) different ways of life’. ‘The market’ means ‘voluntary exchange’. (...) ‘Anarchy’ means ‘no rule’. Both interpersonal liberty and private property are inherently anarchic: no one is ruled to the extent that these exist. They are also naturally pluralist. The state, by contrast, coercively imposes ultimate control and is thus inherently illiberal and naturally Procrustean. Democratic prejudice obscures these facts. (shrink)

The Securities and Exchange Commission requires publicly held US corporations to disclose all information, whether it is positive or negative, that might be relevant to an investor's decision to buy, sell, or hold a company's securities. The decisions made by corporate managers to disclose such information can significantly affect the judgments and decisions of investors. This paper examines academic accounting research on corporate managers' voluntary disclosures of earnings forecasts and non-GAAP earnings measures. Much of the evidence from this (...) research indicates that some managers engage in opportunistic disclosure behavior that often benefits one group (managers and shareholders) at the expense of other groups (often other investors). The paper concludes by discussing the ethical implications of this behavior. (shrink)

Self-Ownership, Freedom and Equality is G.A. Cohens attempt to rescue something of the socialist outlook on society from the challenge of libertarianism, which Cohen identifies with the work of Robert Nozick in his famous book, Anarchy, State, and Utopia. Sympathizing with the leading idea that a person must belong to himself, and thus be unavailable for forced redistribution of his efforts, Cohen is at pains to reconcile the two. This cannot be done – they are flatly contrary. Moreover, equality is (...) a nonsense principle, calling for such things as equal distribution of natural resources. But resources, as goods, are not natural: all require work to utilize. The only thing exchanged on markets is services, and estimates of value received are relevantly made only by those party to the exchanges in question. Imposition from above on voluntary exchange can only be socially counterproductive. (shrink)

Private, voluntary compliance programs, promoted by global corporations and nongovernmental organizations alike, have produced only modest and uneven improvements in working conditions and labor rights in most global supply chains. Through a detailed study of a major global apparel company and its suppliers, this article argues that this compliance model rests on misguided theoretical and empirical assumptions concerning the power of multinational corporations in global supply chains, the role information plays in shaping the behavior of key actors in these (...) production networks, and the appropriate incentives required to change behavior and promote improvements in labor standards in these emergent centers of global production. The authors argue that it is precisely these faulty assumptions and the way they have come to shape various labor compliance initiatives throughout the world—even more than a lack of commitment, resources, or transparency by global brands and their suppliers to these programs—that explain why this compliance-focused model of private voluntary regulation has not succeeded. In contrast, this article documents that a more commitment-oriented approach to improving labor standards coexists and, in many of the same factories, complements the traditional compliance model. This commitment-oriented approach, based on joint problem solving, information exchange, and the diffusion of best practices, is often obscured by the debates over traditional compliance programs but exists in myriad factories throughout the world and has led to sustained improvements in working conditions and labor rights at these workplaces. (shrink)

Ontario’s Bill 178 proposing a Voluntary Blood Donations Act declares the offer or acceptance of payment for the donation of blood a legal offence and makes it subject to penalty. The bill reinvigorates a fundamental debate about the ethical problems associated with the payment of money for blood. Scarcity of blood donors is a recurring problem in most health systems, and monetary remuneration of the willingness to donate blood is regularly discussed—and sometimes practiced—as a means to overcome scarcity in (...) blood. However, making blood an object of economic exchange has long aroused ethical concerns that often refer to the specific meaning of blood. From the perspective of a modern understanding of money as a metric of economic value, the exchange of money for blood—shed or given—is seen as ethically troubling, because it appears to imply a commensurability of the value of human life and economic wealth. In this paper, we begin with a general taxonomy of the types of arguments that speak in favour or against compensating donors for giving blood. We then describe the context in which the discussion about payment for blood arises, and of the specific aims and concerns that are brought forward in this context. This is used to reconstruct the normative background that supports the rejection of payment for blood as it is envisaged in Bill 178 and the aims of the proposal. We then argue that while a payment indeed changes the nature of a blood donation in an ethically considerable way, we do not believe that decisive arguments against the monetary remuneration of blood donations can be substantiated, at least not independently of assuming specific societal circumstances. Thus it may be possible to establish a stable and safe blood supply through just gratification while at the same time taking strong provisions against social disconnection, injustice, exploitation or heteronomy. (shrink)

On the background of voluntary assurances made by corporations in line with the assertions in their corporate social responsibility disclosures, we investigate which types of firms will obtain an independent certification of their corporate social responsibility disclosures. The study is based on firms listed on the Johannesburg Stock Exchange (JSE) from 2015 to 2019. Deviating from traditional regression approaches, we employ machine learning techniques and show that machine learning techniques obtain superior performance compared to traditional logistic regression at (...) predicting the likelihood of corporate social responsibility assurance by a corporation. The result also shows that large firms with high CSR score, independent board, highly leveraged and belonging to finance industry are the most likely to assure their CSR disclosures. (shrink)

When the assertion that some agent is exploiting a person connotes that the exploitation is morally wrong, what is this wrong? Some maintain that exploitation need not involve unfair division of advantages, but instead is essentially domination for self-enrichment. This essay denies this claim and upholds the idea that exploitation claims concern unfair distribution. Some maintain that the hypothetical fully competitive market exchange price can serve, at least in some contexts, as the standard for assessing whether voluntary interaction (...) is exploitative. This essay denies that the idea of the fully competitive market price can serve in this role. Nor should we accept a pure luck egalitarian claim that would identify fair distribution with the outcome of ideally competitive markets proceeding from fair initial distribution. (shrink)

That Kant’s moral thought is invoked by both advocates and opponents of a right to assisted dying attests to both the allure and and the elusiveness of Kant’s moral thought. In particular, the theses that individuals have a right to a ‘death with dignity’ and that assisting someone to die contravenes her dignity appear to gesture at one of Kant’s signature moral notions, dignity. The purposes of this article are to outline Kant’s understanding of dignity and its implications for the (...) ethics of assisted dying. According to Kant, that which has dignity must be treated as an end in itself and may not permissibly be exchanged for that which merely has price. Kant’s reasoning thus seems to preclude acts of self-killing, including voluntary assisted dying, that rest on individual self-interest, since a person’s interests merely have price. However, a recognizably Kantian view of dignity can permit assisted dying under two sets of circumstances: First, it can be permissible for agents who anticipate a degradation of their rational agency due to conditions such as dementia to direct others to end their lives once sufficiently demented. In so doing, such agents in effect exercise a right to impose obligations on others regarding how their bodies, which will at some future point no longer be the vessels of their rational agency, are to be disposed of. Second, Kant errs in supposing that our dignity can stem solely from our moral personality, i.e., from our capacity to abide by universalizable moral principles. Rather, complete dignity also requires the capacity for setting discretionary ends and the means to those ends, i.e., the dignity of humanity. Individuals with prolonged and intense depression, in severe pain, or with serious disability may lack humanity while retaining their moral personality. In such cases, I propose that their opting to end their lives, with or without the assistance of others, does not amount to exchanging their dignified selves for something which merely has price and is therefore not objectionable on Kantian grounds. (shrink)

Prior research on citizenship behavior has mainly focused on its voluntary side—organizational citizenship behavior. Unfortunately, although compulsory behavior is a global organizational phenomenon, the involuntary side of CB—compulsory citizenship behavior, defined as employees’ involuntary engagement in extra-role work activities that are beneficial to the organization : 77–93, 2006)—has long been neglected and very little is known about its potential negative consequences. Particularly, research on CCB–counterproductive work behavior association is still in its nascent stage. Therefore, drawing on moral disengagement theory (...) and social exchange theory, we firstly attempt to systematically investigate how and when CCB leads to CWB. Specifically, we see employee silence as a critical form of passive CWB and propose a moderated mediation model. In the model, CCB predicts silence through MD—a set of cognitive mechanisms that deactivate moral self-regulatory processes, with the Chinese culture-specific concept of supervisor–subordinate guanxi, which captures the supervisor–subordinate non-work-related personal ties, acting as the contextual condition. Two-wave data collected from a sample of 293 employees in 17 manufacturing firms in China supported our hypotheses. The results revealed that the more employees experienced compulsory feelings caused by CCB, the more they morally disengaged and, in turn, resorted to avoidant or passive responses as a coping strategy. Further, s–s guanxi serves as a reverse moderator in that high s–s guanxi mitigates the destructive impact of CCB, makes employees less inclined to morally disengage, and thereby largely prevents them from practicing workplace silence behavior. Implications for theory and intervention strategies for practice are discussed. We also propose several promising avenues for future research. (shrink)

Normativity is assessed as we evaluate and compare the environmental reporting practices of a sample of French and Canadian companies through the lens of institutional legitimacy. More specifically, we examine how French and Canadian firms changed their reporting practices in reaction to the promulgation of laws and regulations in their respective countries, i.e., the NER and Grenelle II Acts in France, and National Instrument 51-102 and CSA Staff Notice NR 51-333, issued by the Canadian Securities Administrators. The firms’ voluntary (...) disclosures according to GRI guidelines are also investigated. Substantive legitimacy theory is used to explore the level of substantive disclosures provided by Canadian and French firms. The findings reveal that the French parliamentary regime is more successful than the Canadian stock exchange regulation in triggering environmental reporting, and that the GRI combined with local regimes prompts environmental disclosures. Notwithstanding the improvements in environmental reporting under all three regimes, a very low level of substantive disclosure is noted in both countries. (shrink)

There is a libertarian argument for live donor organ markets, according to which live donor organ markets would be permitted if we simply refrained from imposing any substantive and controversial moral assumptions on people who reasonably disagree about morality and justice. I argue that, to the contrary, this endorsement of live donor organ markets depends upon the libertarians’ adoption of a substantive and deeply controversial conception of strong, extensive property rights. This is shown by the fact that these rights would (...) prevent states intervening in cases of preventable and intuitively impermissible wronging of others that can arise when free individuals engage in voluntary offers and exchanges. I outline two forms of such wronging: discrimination and disrespectful demands. I argue that although these types of acts are morally impermissible, the policy question of whether and how they should be regulated by states is non-trivial. I then argue that there is good reason to think that organ markets would rely on disrespectful demands. This may help explain the widespread moral repugnance people feel toward organ trading. It also provides a prima facie, though not decisive, case for states to prohibit such markets. (shrink)

Clinical research is increasingly ‘offshored’ to developing countries, a practice that has generated considerable controversy. It has recently been argued that the prevailing ethical norms governing such research are deeply puzzling. On the one hand, sponsors are not required to offshore trials, even when participants in developing countries would benefit considerably from these trials. On the other hand, if sponsors do offshore, they are required not to exploit participants, even when the latter would benefit from and consent to exploitation. How, (...) it is asked, can it be worse to exploit the global poor than to neglect them when exploitation is voluntary and makes them better off? The present article seeks to respond to this challenge. I argue that mutually beneficial and voluntary exploitation can be worse than neglect when — as is typically true of exploitative international research — it takes advantage of unjust background conditions. This is because, in such cases, exploitation overlaps with another, less familiar wrong: complicity in injustice. Recognising complicity as a distinct wrong should make us judge exchanges arising from background injustice more harshly than we typically do, in research and elsewhere. (shrink)

The general topic of my philosophical dissertation is phenomenological ontology of breathing. I do not investigate the phenomenon of breathing as a natural scientific problem, but as a philosophical question. Within our tradition, breathing has been normally understood as a mechanistic-materialistic physiological life-sustaining process of gas exchange and cellular respiration which does not really seem to have any essential connection to human being’s spiritual, mental or philosophical capacities. On the contrary to this natural scientific view, I argue that breathing (...) can be understood as a philosophical question that has phenomenological, experiential, ontological, spiritual, bodily, mental, poetic, elemental, ethical, voluntary and mystical dimensions. My investigation conceptualizes breathing in the first place as a question of phenomenological ontology. Maurice Merleau-Ponty’s phenomenologico-ontological method of interrogation of the lived body’s experiential openness to the world and Being provides the most fundamental point of departure in this dissertation. Merleau-Ponty emphasized in his investigations the lived body’s perceptual openness to the world and Being. He argued famously for the primacy of perception. His thesis of the primacy of perception means that perception as the perceptual openness to the world and Being is the foundation which is always presupposed by all the other levels of our existence and being-in-the-world. In this dissertation, I challenge this idea of the primacy of perception with Merleau-Ponty’s own remarks about breathing. I argue that in his own remarks about breathing, he implicitly points toward a level which is even more fundamental than the primacy of perception. In this dissertation, this level of our being-in-the-world I call the primacy of breathing. Breathing as the lived body’s respiratory openness to the world and Being is now understood as the foundation which is always presupposed by all the other dimensions of our being-in-the-world. These dimensions are, for example, our theoretical, practical, social and perceptual ways of relating with the world. If the idea of the primacy of breathing is taken seriously, it means that all the questions of philosophy could be rethought, reexamined and re-experienced within the fundamental atmosphere of respiratory openness to the world and Being. In this dissertation, I initially try to rethink philosophy as a new philosophy of breathing. This new philosophy of breathing would be phenomenological ontology of breathing. The bases of this new phenomenological ontology of breathing are Merleau-Ponty’s remarks about breathing. My task is to explicate and interpret them with the help of Merleau- Ponty’s own phenomenological ontology. In my task of beginning philosophy anew as philosophy of breathing or as respiratory philosophy, I will also use the ideas of Martin Heidegger, Gaston Bachelard, Paul Claudel, Luce Irigaray, Edmund Husserl and David Kleinberg-Levin. My dissertation is divided into two main sections. In Section One, I construct within the framework of phenomenological ontology a new notion of breathing as the primacy of breathing. In Section Two, I develop a phenomenological method that I call the method of ontologico-respiratory reduction. This method will lead us back to the primacy of breathing. (shrink)

At least ten useful little reasons why we should reject efforts to introduce voluntary euthanasia. An alternative version of the case in the New Law Journal against voluntary euthanasia, but this version contains some user-friendly links.

Phase 1 healthy volunteer clinical trials—which financially compensate subjects in tests of drug toxicity levels and side effects—appear to place pressure on each joint of the moral framework justifying research. In this article, we review concerns about phase 1 trials as they have been framed in the bioethics literature, including undue inducement and coercion, unjust exploitation, and worries about compromised data validity. We then revisit these concerns in light of the lived experiences of serial participants who are income-dependent on phase (...) 1 trials. We show how participant experiences shift attention from discrete exchanges, behaviors, and events in the research enterprise to the ongoing and dynamic patterns of serial participation in which individual decision-making is embedded in collective social and economic conditions and shaped by institutional policies. We argue in particular for the ethical significance of structurally diminished voluntariness, routine powerlessness in setting the terms of exchange, and incentive structures that may promote pharmaceutical interests but encourage phase 1 healthy volunteers to skirt important rules. (shrink)

While substantial evidence is emerging internationally of positive increases in the participation of women on company boards, there is less evidence of any significant change in the proportion of women in senior executive ranks. This paper describes evidence of positive changes in the number of women on boards in Australia. Unfortunately these changes are not mirrored in the senior executive ranks where the proportion of women remains consistently low. We explore some of the reasons for these disproportionate changes and examine (...) the likely effect of the recent amendments to the Australian stock exchange’s corporate governance code designed to improve gender diversity both on boards and throughout organisations. Based on the early corporate response to these regulatory changes, it is interesting to consider whether Australia’s approach in promoting voluntary self-regulation at the corporate level may be as effective in the long run as the emerging trend in Europe to apply legislated quotas for female corporate board representation. Interview evidence is presented suggesting that the primary reasons for the lack of women in leadership are not simply lack of opportunity at the apex of the corporation, but issues at mid-management level that are unlikely to be resolved by mandatory board quotas. In some circumstances carefully monitored voluntary targets may be more effective at promoting cultural and strategic change at the heart of the corporation. In summary, mandatory quotas may achieve early and significant results in terms of female board representation. However, voluntary targets for women’s participation on boards and in executive ranks may promote more effective cultural and practical change in support of greater representation of women in leadership. (shrink)

This article introduces and discusses the initial results of a survey focused on the contents, role and effectiveness of company codes of ethics. The article examines the contents of the codes of ethics of companies operating in the private sector in Italy, quoted on the Italian Stock Exchange (Standard& Poor/Mib-Milano Indice Borsa). The purpose of this investigation was to identify any correlations between sector characteristics and the contents of the codes of ethics, which would enable us to map out (...) the main principles followed in writing the companies' codes of ethics. The analysis was conducted in order to ascertain whether there were common factors deriving from the shared ethical questions faced by the companies operating in the same sector of activity. As the first step, the 40 companies were subdivided into three main economic categories -Industrial, Financial and Service. Then the contents of each code of ethics were evaluated and classified in accordance with different criteria. The main categories of classification were based on -general principles, social values, rules of conduct, relationships with third parties, implementation and sanctions. The next objective was to investigate whether these characteristics were due to the regulation of the sector of reference, the existence of sector benchmarks for best practice, or simply companies' voluntary stance on ethical issues. The main conclusions were that the codes of ethics of the Italian companies that we analysed do not seem to show relevant differences traceable to sector of activity, and their adoption is affected by several reasons other than intentionally ethical considerations. (shrink)

The article presents a study of gift-giving practices in the context of the development of modern biomedicine and shows their relationship to the realization of epistemic virtues. In biomedicine, the gain and production of knowledge (the gift of knowledge) is often grounded in bodily gift (sacrifice) and donor practices. The latter are associated with a number of mishaps in the history of biomedicine, reflecting the violation of moral norms in the process of obtaining scientific data and demonstrating the need for (...) a clear differentiation of intellectual and moral virtues. An important factor in the formation of the epistemic norms of modern biomedicine has been the transformation of the values of scientific knowledge from practices of coercion to giving. As a result, the involuntary sacrifice of biomaterials to science was replaced by voluntary practices of somatic giving and informational exchange that determine the process of mutual recognition in science. It is shown that gift-giving in science is closely associated with intellectual virtues, with intellectual generosity characterizing the idea of openness in science and scientists’ intention for production and constant growth of knowledge, and can also be related to the idea of altruistic service to science, involving the exchange of received scientific data and access to free information in the network space. A number of examples of the modern digital gift ethos and the implementation of the principles of openness of knowledge and knowledge exchange in the context of the creation of biomedical expert digital platforms, the formation of social scientific networks – platforms with open access to scientific information, the development of the phenomenon of “garage” science and other “zones of exchange” experience are considered. (shrink)

The recent #metoo movement has turned public attention to the problem of sex under conditions of power inequality. Is consent impaired, when you have plenty to lose (e.g. a great professional opportunity) from saying “no” to a sexual advance? And even if consent is valid, is this a morally acceptable situation, especially if one party is aware that their position of relative power will influence the other’s decision to have sex? Such situations bring to the fore not only the issues (...) of coerced sex and quid pro quo harassment (asking for sex in exchange for benefits), but the much more controversial question of whether sex between unequal but otherwise competent consenting adult partners is in principle OK—and whether institutions such as companies, universities, or the state itself should be in the business of regulating such relations. In what follows, I will outline the central concept of power asymmetry and its ethical relevance (section 2). I will then distinguish two main views about the ethics of sexual interaction under conditions of power asymmetry: a Kantian view, which categorically condemns such interactions, and a Millian view, which justifies at least some such interactions (section 3). I then briefly consider three contexts, which raise difficult questions about sex between unequals: the workplace, the university (section 4), and voluntary prostitution (section 5). Section 6 provides a short conclusion. (shrink)

The adoption and reporting of CSR policies have important ethical and managerial implications that need scrutiny. This study answers the call of CSR scholars for further studies in controversial sectors by focusing on the voluntary reporting practices of companies that market products or services that generate addiction among consumers. It contributes to the debate on organizational legitimacy and corporate reporting by empirically analyzing whether and how corporations in the tobacco, alcohol and gambling industries disclose their CSR actions and what (...) reactions such disclosures generate in stakeholders. Drawing on legitimacy theory and organizational façades, we apply a consequent mixed-methods design (initiation approach) built on (i) a content analysis of reports prepared by a large set of companies listed on the European, British, US, Canadian, Australian and New Zealand stock exchanges and (ii) an experiment on how different actions taken by the companies (preventive vs. remedial) elicit different perceptions of company hypocrisy and action effectiveness. While previous analyses have focused on “sin” or “harm” industries, this is one of the first to assess how companies account for “addiction”, which is more difficult for them to report and legitimate due to long-term negative consequences. This study contributes to the literature on the instrumental use of CSR reporting by empirically investigating how addiction companies shape their organizational façades and manage organizational legitimacy through disclosure. Moreover, the experimental evidence advances the knowledge of how cognitive mechanisms influence stakeholders in terms of legitimacy assessment and the perceived hypocrisy/effectiveness of CSR disclosure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Christians and Buddhists: Together in HopeCardinal Francis ArinzeDear Buddhist Friends,1. On the occasion of Vesakh, which celebrates important events in the life of Buddha, I wish to express to you, in my capacity as president of the Pontifical Council for Interreligious Dialogue, the best wishes of Catholics throughout the world.2. I am happy to say that ongoing dialogue between Buddhists and Christians is distinguished by efforts to meet at (...) the level of religious experience. Both Buddhism and Christianity emphasize the “contemplative dimension” in their practice of religion. Since 1979, through the “Intermonastic Spiritual Exchange” and the “Monastic Hospitality Programme,” Buddhists and Christians who are committed to a contemplative life through their respective monastic disciplines have engaged in encounters where in-depth dialogue is possible. This effort is truly commendable.3. It is hope of new life that has been at the source of our dialogue, although our understanding of this new life differs. For us Christians, the new life is to be sought and found only in Jesus Christ. Jesus indicated the way when he said: “I am the way, the truth and the life” (John 14:6). He taught us not only not to engage in revenge, but to defeat evil with good. He said: “You have learnt how it was said: Eye for eye and tooth for tooth. But I say this to you: offer the wicked man no resistance. On the contrary, if anyone hits you on the right creek, offer him the other as well” (Matthew 5:38–39). This makes me think of Ven. Maha Ghosananda’s rendering of one of the teachings of Buddha: “When we are wronged, we must set aside all resentment and say, ‘My mind will not be disturbed. Not one angry word will escape from my lips; I will remain kind and friendly, with loving thoughts and no secret malice.’”4. Hope rescues us from discouragement. We are enabled to begin anew by perceiving around us numerous “signs of hope”: the growing solidarity among people in our time, especially with the poor and destitute, the desire for justice and peace, voluntary service, the return of the search for transcendence, an awareness of human dignity and of the rights that flow from it, attention to the environment, and so on. I wish to mention here a particular sign of hope, which Pope John Paul II has underlined—namely, interreligious dialogue.5. People of hope are, at the same time, realists who do not close their eyes to reality with all its positive and negative aspects. We cannot turn a blind eye to the [End Page 199] dramatic crises of our world: the wars between different countries, civil wars, terrorism in all its forms, injustice that is forever widening the gap between rich and poor, hunger, the lack of shelter, unemployment—especially among the youth, globalization without solidarity, the heavy burden of external debt, the problem of drugs, immorality, abortion. The list could be extended. Nevertheless, the small lamp of hope must always remain alight, shining on the paths leading humanity to a better future.6. We Christians and Buddhists, embarked on our respective spiritual paths, can work together to give increased hope to humanity. Yet first we must accept our differences and show each other mutual respect and true love. This will render us more credible, and we shall be for humanity a further sign of hope in addition to those that exist already.7. It is in this spirit that I convey to you once again, dear Buddhist friends, my best wishes for the feast of Vesakh.Cardinal Francis ArinzePontifical Council for Interreligious DialogueCopyright © 1999 The University of Hawai’i Press... (shrink)

The article discusses the relation between the concepts of unfair trade, exploitation, and below-subsistence wages with regard to individual economic transactions. Starting from the common notion that exploitation involves some kind of unfair advantage taking, it asks how “unfair” is to be understood, and what it is that is taken advantage of in exploitative exchanges. On this basis it then explores a line of argument for grounding the claim that below-subsistence wages are exploitative, focusing on the condition of morally transformative (...) voluntary consent to transactions. By analyzing the structure of coercion with regard to threats, offers, and circumstances it comes to the conclusion that consent to an offer is morally non-transformative with regard to legitimizing the outcome of a transaction if the person giving the “consent” has only unacceptable options in absolute terms to choose from, since this reduces “consent” to a mere act of rationality devoid of any normative content. Accordingly, it argues that insofar as below-subsistence wages are unacceptable options in absolute terms, they are to be considered exploitative and an instance of unfair trade. (shrink)

The argument of the "Invisible Hand" is that the system of free enterprise benefits society in general even though it is not the aim of any particular economic agent to do that. This article proposes an analysis of why this is so. The key is that the morality of the market forbids only force and fraud; it does not require people to do good to others. Nevertheless, when all transactions are voluntary to both parties, that is exactly what we (...) can expect to happen. This is both because the sum of the benefits of innumerable transactions, which are beneficial to both parties, is very great, but also and especially because of Positive Externalities. People use the particular products and services they get in market exchanges in ways that benefit others in ways not at all foreseen by the agents to those transactions at the time. These externalities range from the benefits of invention and ingenuity to the exercise of charity and philanthropy, all of which flourish in developed capitalist societies. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 3, Page 386-415, March 2022. In light of a growing body of scholarship that has cast doubt on the analytic import of spontaneous order, the purpose of my article is to rethink the intellectual relationship between Edmund Burke and Friedrich Hayek by suggesting that reading spontaneous order into Burke’s thought introduces greater tensions between the two thinkers than prior scholars have suggested. One crucial tension, I suggest, is that Hayek believed that contractual arrangements, (...) competitive markets and the rule of law could sustain the growth of social order, while Burke maintained that particular social institutions and practices should remain protected from the full power of voluntary contracts and exchange relations. I conclude by suggesting that the tensions between Hayek and Burke could serve as complementary instruments, rather than as foes, in strengthening the liberal project in modernity. (shrink)

In light of a growing body of scholarship that has cast doubt on the analytic import of spontaneous order, the purpose of my article is to rethink the intellectual relationship between Edmund Burke and Friedrich Hayek by suggesting that reading spontaneous order into Burke’s thought introduces greater tensions between the two thinkers than prior scholars have suggested. One crucial tension, I suggest, is that Hayek believed that contractual arrangements, competitive markets and the rule of law could sustain the growth of (...) social order, while Burke maintained that particular social institutions and practices should remain protected from the full power of voluntary contracts and exchange relations. I conclude by suggesting that the tensions between Hayek and Burke could serve as complementary instruments, rather than as foes, in strengthening the liberal project in modernity. (shrink)

The Western tradition has been in part defined by a characteristic bargain in which pain is "traded" for knowledge. An ascetic resistance to temptation, or renunciation of desire, is the condition for achieving the truth. This paper examines how the exchange is negotiated in three texts, including The Life of Antony by St. Athanasius , The Future of Science by Ernest Renan , and That the World May Know by James Dawes . In each, an act of voluntary (...) renunciation produces an increase in knowledge and in moral stature. (shrink)

The authors of Habits of the Heart charge that America is losing the institutions that help “to create the kind of person who could sustain a connection to a wider political community and thus ultimately support the maintenance of free institutions.” Bellah fears that “individualism may have grown cancerous – that it may be destroying those social integuments that Tocqueville saw as moderating its more destructive potentials, that it may be threatening the survival of freedom itself.” Proponents of the liberal (...) free market order should, I will argue, take seriously the concerns that motivate Bellah and company: citizens of a liberal regime cannot live by exchanges alone. Liberal constitutionalism depends upon a certain level and quality of citizen virtue. But while the need for virtue is often neglected by liberal theorists, it is far from clear that the actual workings of liberal institutions have drastically undermined virtue in the way Bellah's dire account suggests. That analysis serves, moreover, as the springboard for a radically transformist argument that seeks, not so much to elevate and shape, but to transcend and deny, the self-interestedness that the free market exercises. Having argued against Bellah's analysis and prescriptions, I shall attempt to show how the phenomena he describes are open to an interpretation that is happier from the point of view of a concern with virtue. I shall end by using Tocqueville to suggest that combining liberal capitalism with intermediate associations like voluntary groups and state and local government helps elevate and shape self-interest, promoting a citizenry capable of and insistent upon liberal self-government. (shrink)