Titel: Volenti Non Fit Iniuria? Contract Freedom and Labor Market Institutions
Autor: Richard Sturn
Abstract: Various writers point out that accepting the terms of a contract does not imply consent to the background conditions of this contract. This is an important critical insight allowing for a critical perspective on the principle of free contract, according to which the state should not interfere with what adult agents contractually agree upon. In this paper I argue that the practical relevance of this critical insight depends on the availability of answers to three questions: (1) Which are the core features of baseline background conditions supporting a well-ordered labor market enhancing economic welfare? (2) In which cases and for which reasons are non-market institutions needed in order to support these features? (3) Under which conditions and at which levels can collective mechanisms be expected to support adequate non-market institutions ’curing market failure’? Some of the core properties of labor markets and labor contracts are discussed which need to be taken into account in attempts to answer these questions, most notably problems of contract enforcement, market failure and collective action.
Titel: Basic Income in Complex Worlds. Individual Freedom and Social Interdependencies
Autor: Richard Sturn / Rudi Dujmovits
Abstract: This paper is about difficulties in the normative justification of an unconditional basic income - difficulties which are related to the scope of egalitarian justice as well as the dimension(s) of the equalisandum. More specifically, it is contended that Philippe Van Parijs's justification derived from the principle of Maximin real freedom runs into problems in environments in which scarcity does not offer a conceptual basis for a satisfactory account of social interdependencies. We discuss the following cases: (i) Scarcity is seen as a general equilibrium phenomenon in a dynamic environment. (ii) Social forces of production (particularly non-rival and only partially excludable inputs) play a role in creating wealth. (iii) Informal exclusion mechanisms and patterns of ,local justice, matter. (iv) Certain forms of heterogeneity play a role.
Work and Social Justice
2009 (31) Heft 1
Guest-Editor: Carsten Köllmann
The labour market is among the most contested fields of political argument and conflict in our time. Public criticism of increasing wage inequalities and especially of excessive management pay is, notwithstanding its popularity, only a symptom of more fundamental changes going on in the labour market and in society at large. The conditions and the very meaning of work rank high on the agenda of Western societies. Persistent mass unemployment, coupled with an increasing number of working poor, co...