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economic justice and naturall aw gary chartier elaborates an account of economic justice rooted in the natural law tradition explaining how it is relevant to economic issues and developing natural law accounts of property distribution and work he examines a range of case studies related to ownership production distribution and consumption using natural law theory as a basis for staking positions on a number of contested issues related to economic life and highlighting the potentially progressive and emancipatory dimension of natural law theory g a ry c h a rt i e r is associate professor of law and business ethics and associate dean of the school of business at la sierra university.

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economic justice and naturall aw ga ry ch a rti er la sierra university

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cambridge university press cambridge new york melbourne madrid cape town singapore são paulo delhi dubai tokyo cambridge university press the edinburgh building cambridge cb2 8ru uk published in the united states of america by cambridge university press new york www.cambridge.org information on this title www.cambridge.org/9780521767200 © gary chartier 2009 this publication is in copyright subject to statutory exception and to the provision of relevant collective licensing agreements no reproduction of any part may take place without the written permission of cambridge university press first published in print format 2009 isbn-13 isbn-13 978-0-511-60499-7 978-0-521-76720-0 ebook netlibrary hardback cambridge university press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication and does not guarantee that any content on such websites is or will remain accurate or appropriate.

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for elenor

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contents acknowledgments introduction i ii iii iv v vi vii page ix 1 the plan of the book 2 the core of natural law theory 6 basic aspects of well being 7 requirements of practical reasonableness 13 the shape of practical reason in the natural law view natural law and social order 26 natural law and economic life 31 23 1 foundations property i ii iii iv 32 property regimes as contingent but constrained social strategies 32 rationales for property rights 33 the limits of property 43 property and justice 46 2 foundations distribution i ii iii iv 47 55 distribution and practical reasonableness 47 commercial exchange and justice in distribution the public trust threshold 60 justice and distribution 67 3 foundations work i ii iii iv v vi vii 69 responsibility at work 70 good cause and due process 73 nondiscrimination 83 natural law and workplace democracy 89 workers and investors in the worker-governed firm objections to workplace democracy 109 justice at work 120 107 vii

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viii c on tents 4 remedies property i ii iii iv v vi 123 principles for property reform 123 alternative bases for peasants and workers claims 131 property rights for peasants in the land they work 135 property rights for workers in their workplaces 141 residential property rights and urban renewal 146 property rights and remediation 154 5 remedies distribution i ii iii iv v vi vii 155 159 natural law and redistribution 156 natural law and economic norms rules and institutions health care 161 basic income 164 poverty relief outside one s own community 167 boycotts 176 remedies for injustice disaster and economic insecurity 182 6 remedies work i ii iii iv v 185 the value of collective bargaining 186 worker participation in the direction of investor-governed firms 199 setting workplace standards using collective bargaining 202 collective bargaining and sweatshop labor 211 limited justice in unjust workplaces 225 conclusion index 229 226

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ac k now l e d gm ents as is surely appropriate for a book about justice economic justice and natural law reflects the importance in my life of multiple debts of gratitude elenor webb has offered me many welcome opportunities for dialogue and exchange the careful attention four anonymous reviewers gave to my arguments and to the ways in which i express them has substantially improved this book i have often explicitly noted throughout the text their contributions to the development of my arguments but they should be confident that i acknowledge and am grateful for their assistance even in cases where i have not made direct reference to their suggestions and insights charles teel jr read an earlier draft of the manuscript and offered many helpful suggestions i benefited enormously from the editorial assistance of logan dirksen who provided valuable assistance with references fi ola o sullivan richard woodham dan dunlavey leigh mueller and helen francis of cambridge university press all deserve my gratitude as well for their various contributions to the book s development annette bryson jeffrey cassidy aena prakash alexander lian andrew howe anne-marie pearson bart willruth carole pateman craig r kinzer david b hoppe david r larson deborah k dunn donna carlson eva pascal fritz guy jan m holden jesse leamon joel sandefur john elder john thomas john w webster julio c muñoz kenneth a dickey kimberly sogioka lawrence t geraty ligia radoias linn marie tonstad maria zlateva michael orlando miralyn keske nabil abu-assal patricia cabrera roger e rustad jr ronel harvey ruth e e burke sel j wahng w kent rogers and wonil kim have all participated in valued and valuable exchanges for which they deserve continued appreciation other people who participated in discussions with me regarding the material included in this book or who have otherwise contributed to its ix

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x ac k now l e d gm ents development or refinement include carter wolverton cruz reynoso donajayne king elina camarena elsa sanchez imil coker jennifer oshima johanna schiavoni jon wagner karen perez lee h reynolds melissa mullen michael henshaw moira rai moses chambi pei pei tan rose mary rodrigues sarah fandrich sharee smalling shaunette bigby shelly gilroy stephanie lasker stephen munzer stephen r l clark and theodore maya i am immensely pleased by the opportunities i have had to learn over the last two decades from the work of contemporary natural law theorists i thank germain grisez john finnis robert p george joseph m boyle jr chris tollefsen mark c murphy alfonso gómez-lobo and timothy chappell for the insights their work has offered me my understanding of a range of economic and organizational issues has also been substantially enhanced by kevin carson s extremely thoughtful and creative work even if like the new classical natural law theorists he is likely to conclude that i have not yet learned enough i hope in this book to honor the memories of stanley e chartier and h glenn chartier whose arguments decades ago may first have exposed me to some of the issues regarding economic life with which i am still wrestling here and of helen chartier who regarded my political and economic views with skeptical but genial tolerance even as she gave me more love than i could ever have deserved material from john finnis natural law and natural rights 1981 appears here by permission of oxford university press i am also thankful to the editors and publishers who authorized my use here of material taken from several of my previously published articles sweatshops labor rights and comparative advantage 10 oregon rev int l l 149 2008 consumption development aid and natural law 13 washington lee j.c.r soc just 205 2007 self-integration as a basic good a response to chris tollefsen 52 am j juris 293 2007 toward a consistent natural law ethics of false assertion 51 am j juris 43 2006 toward a new employer­worker compact 9 employee rts empl pol y j 101 2005 urban redevelopment and land reform theorizing eminent domain after kelo 11 leg theory 363 2005 consumers boycotts and non-human animals 12 buff env l j 123 2005 friendship identity and solidarity an approach to rights in plant closing cases 16 ratio juris 324 2003 natural law same-sex marriage and the politics of virtue comment 48 ucla l rev 1593 2001 civil rights and economic democracy 40 washburn l j 267 2001 however readers of articles on which

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ac k now l e d gm ents xi i draw here will recognize that the articles have undergone significant changes many of these changes reflect a shift in my own thinking from a position exhibiting many affinities with a purified corporate liberalism to a more radical opposition to the power of both the large business organization and the state.

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u introduction this book develops an account of economic justice rooted in the natural law tradition in it i elaborate a particular version of natural law theory explain how it is relevant to reflection on economic issues and develop natural law accounts of property distribution and work then i go on to examine how in light of natural law theory individual and institutional actors might respond to injustice accident and economic insecurity i use natural law theory as a basis for staking positions on a number of contested issues related to economic life while also challenging alternate positions on some of these issues natural law theory offers a provocative alternative to kantian and consequentialist understandings of morals politics and law it emphasizes substantive rather than formal accounts of human flourishing and a plurality of both i basic aspects of well being and ii norms of practical reasonableness contemporary natural law theories reflect the influence of course of aristotle and aquinas but natural law theorists now employ the techniques and vocabulary of analytic moral and political philosophy and despite the theological roots of their position their characteristic arguments are straightforwardly philosophical.1 i draw especially in this book on the so-called new classical natural law ncnl theory 2 articulated primarily in the work of germain grisez john finnis joseph m boyle jr robert p george and chris tollefsen.3 but i also take seriously the work of other natural law 1 2 3 one exception is the discussion of vocation to which i briefly allude below in chapter 2 cf steven macedo the new natural lawyers harv crimson oct 29 1993 at 2 the proponents of the position prefer new classical natural law to new natural law as a label for the focus of their position i refer to germain grisez john finnis joseph m boyle jr robert p george and chris tollefsen collectively as the new classical natural law theorists or clumsily ncnlts see john finnis natural law and natural rights 1980 john finnis fundamentals of ethics 1983 john finnis aquinas moral political and legal theory 1998 germain grisez the way of the lord jesus christian moral principles 1983 john m finnis joseph m boyle jr germain g grisez nuclear deterrence morality and realism 1987 robert p george in defense of natural law 2001 germain grisez russell shaw beyond the new morality the responsibilities of freedom 3rd ed 1988 2 germain g 1

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