•  52
    Estimating the Cost of Justice for Adjuncts: A Case Study in University Business Ethics
    with Phillip Magness
    Journal of Business Ethics 148 (1): 155-168. 2018.
    American universities rely upon a large workforce of adjunct faculty—contract workers who receive low pay, no benefits, and no job security. Many news sources, magazines, and activists claim that adjuncts are exploited and should receive better pay and treatment. This paper never affirms nor denies that adjuncts are exploited. Instead, we show that any attempt to provide a significantly better deal faces unpleasant constraints and trade-offs. “Adjunct justice” would cost universities somewhere b…Read more
  •  152
    Beyond the Bottom Line: The Theoretical Goals of Moral Theorizing
    Oxford Journal of Legal Studies 28 (2): 277-296. 2008.
    Moral theory is no substitute for virtue, but virtue is no substitute for moral theory. Many critics of moral theory, with Richard Posner being one prominent recent example, complain that moral theory is too abstract, that it cannot generally be used to derive particular rights and wrongs, and that it does not improve people's characters. Posner complains that it is thus of no use to legal theorists. This article defends moral theory, and to some degree, philosophical inquiry in general, against…Read more
  •  268
    Tuck on the Rationality of Voting: A Critical Note
    Journal of Ethics and Social Philosophy 3 (3): 1-5. 2009.
    This paper argues that Richard Tuck, in his book Free Riding, fails to show it is rational to vote except in unusual cases.
  •  50
    May you sell your vote? May you sell your kidney? May gay men pay surrogates to bear them children? May spouses pay each other to watch the kids, do the dishes, or have sex? Should we allow the rich to genetically engineer gifted, beautiful children? Should we allow betting markets on terrorist attacks and natural disasters? Most people shudder at the thought. To put some goods and services for sale offends human dignity. If everything is commodified , then nothing is sacred. The market corrodes…Read more
  •  2
    Market Architecture: It's the How, Not the What
    Georgetown Journal of Law and Public Policy. forthcoming.
  •  66
    Brief History of Liberty (edited book)
    Wiley-Blackwell. 2010.
    Stimulating and thought-provoking," A Brief History of Liberty" offers readers a philosophically-informed portrait of the elusive nature of one of our most ...
  •  2
    Replies to My Critics
    Reason Papers 35 (1): 44-57. 2013.
  •  127
    Is Market Society Intrinsically Repugnant?
    Journal of Business Ethics 112 (2): 271-281. 2013.
    In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this style …Read more
  •  116
    Choice and Excellence: A Defense of Millian Individualism
    Social Theory and Practice 31 (4): 483-498. 2005.
    Communitarians have argued against Millian individualism (ethical liberalism) by claiming that it leads to the compartmentalization of life, and thus inhibits virtue, that it causes alienation, and leads to what I call the problem of choice. Ethical liberals celebrate the free choice of a conception of the good life, but communitarians respond by posing a dilemma. Either the choice is made in reference to some given standard (a social or natural telos), in which case it is not free, or it is mad…Read more
  •  680
    The right to a competent electorate
    Philosophical Quarterly 61 (245): 700-724. 2011.
    The practice of unrestricted universal suffrage is unjust. Citizens have a right that any political power held over them should be exercised by competent people in a competent way. Universal suffrage violates this right. To satisfy this right, universal suffrage in most cases must be replaced by a moderate epistocracy, in which suffrage is restricted to citizens of sufficient political competence. Epistocracy itself seems to fall foul of the qualified acceptability requirement, that political po…Read more
  •  498
    Markets without Symbolic Limits
    Ethics 125 (4): 1053-1077. 2015.
    Semiotic objections to commodification hold that buying and selling certain goods and services is wrong because of what market exchange communicates or because it violates the meaning of certain goods, services, and relationships. We argue that such objections fail. The meaning of markets and of money is a contingent, socially constructed fact. Cultures often impute meaning to markets in harmful, socially destructive, or costly ways. Rather than semiotic objections giving us reason to judge cert…Read more