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A Nozickian Case for Compulsory Employment Injury Insurance: The Example of Sweatshops

Author

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  • Damian Bäumlisberger

    (University of Münster)

Abstract

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.

Suggested Citation

  • Damian Bäumlisberger, 2021. "A Nozickian Case for Compulsory Employment Injury Insurance: The Example of Sweatshops," Journal of Business Ethics, Springer, vol. 173(1), pages 13-27, September.
    • Handle: RePEc:kap:jbuset:v:173:y:2021:i:1:d:10.1007_s10551-020-04535-z
    DOI: 10.1007/s10551-020-04535-z
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    References listed on IDEAS

    as
    1. Gordon G. Sollars & Fred Englander, 2018. "Sweatshops: Economic Analysis and Exploitation as Unfairness," Journal of Business Ethics, Springer, vol. 149(1), pages 15-29, April.
    2. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    3. Alexander Brink, 2010. "Enlightened Corporate Governance: Specific Investments by Employees as Legitimation for Residual Claims," Journal of Business Ethics, Springer, vol. 93(4), pages 641-651, June.
    4. Thomas Carson, 2013. "Free Exchange for Mutual Benefit: Sweatshops and Maitland’s “Classical Liberal Standard”," Journal of Business Ethics, Springer, vol. 112(1), pages 127-135, January.
    5. Bou-Habib, Paul, 2006. "Compulsory Insurance without Paternalism," Utilitas, Cambridge University Press, vol. 18(3), pages 243-263, September.
    6. Sollars, Gordon G. & Englander, Fred, 2007. "Sweatshops: Kant and Consequences," Business Ethics Quarterly, Cambridge University Press, vol. 17(1), pages 115-133, January.
    7. Gary Gereffi & Joonkoo Lee, 2016. "Economic and Social Upgrading in Global Value Chains and Industrial Clusters: Why Governance Matters," Journal of Business Ethics, Springer, vol. 133(1), pages 25-38, January.
    8. Dionne, Georges & St-Michel, Pierre, 1991. "Workers' Compensation and Moral Hazard," The Review of Economics and Statistics, MIT Press, vol. 73(2), pages 236-244, May.
    9. Jessica Flanigan, 2018. "Sweatshop Regulation and Workers’ Choices," Journal of Business Ethics, Springer, vol. 153(1), pages 79-94, November.
    10. Kates, Michael, 2015. "The Ethics of Sweatshops and the Limits of Choice," Business Ethics Quarterly, Cambridge University Press, vol. 25(2), pages 191-212, April.
    11. Jean Tirole, 1999. "Incomplete Contracts: Where Do We Stand?," Econometrica, Econometric Society, vol. 67(4), pages 741-782, July.
    12. S. J. Liebowitz & Stephen E. Margolis, 1994. "Network Externality: An Uncommon Tragedy," Journal of Economic Perspectives, American Economic Association, vol. 8(2), pages 133-150, Spring.
    13. Katz, Michael L & Shapiro, Carl, 1985. "Network Externalities, Competition, and Compatibility," American Economic Review, American Economic Association, vol. 75(3), pages 424-440, June.
    14. Nick Lin-Hi & Igor Blumberg, 2017. "The Power(lessness) of Industry Self-regulation to Promote Responsible Labor Standards: Insights from the Chinese Toy Industry," Journal of Business Ethics, Springer, vol. 143(4), pages 789-805, July.
    15. Denis Bolduc & Bernard Fortin & France Labrecque & DPaul Lanoie, 2002. "Workers' Compensation, Moral Hazard and the Composition of Workplace Injuries," Journal of Human Resources, University of Wisconsin Press, vol. 37(3), pages 623-652.
    16. George A. Akerlof, 1970. "The Market for "Lemons": Quality Uncertainty and the Market Mechanism," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 84(3), pages 488-500.
    17. Geoffrey Brennan, 1973. "Pareto desirable redistribution: The non-altruistic dimension," Public Choice, Springer, vol. 14(1), pages 43-67, March.
    18. repec:bpj:pewipo:v:12:y:2011:i:4:p:445-459:n:6 is not listed on IDEAS
    19. Hart, Oliver D & Moore, John, 1988. "Incomplete Contracts and Renegotiation," Econometrica, Econometric Society, vol. 56(4), pages 755-785, July.
    20. Aviva Aron-Dine & Liran Einav & Amy Finkelstein & Mark Cullen, 2015. "Moral Hazard in Health Insurance: Do Dynamic Incentives Matter?," The Review of Economics and Statistics, MIT Press, vol. 97(4), pages 725-741, October.
    21. Benjamin Powell, 2018. "Sweatshop Regulation: Tradeoffs and Welfare Judgements," Journal of Business Ethics, Springer, vol. 151(1), pages 29-36, August.
    22. Williamson, Oliver, 2009. "The Theory of the Firm as Governance Structure: From Choice to Contract," Ekonomicheskaya Politika / Economic Policy, Russian Presidential Academy of National Economy and Public Administration, vol. 6, pages 111-134, December.
    23. Preiss, Joshua, 2014. "Global Labor Justice and the Limits of Economic Analysis," Business Ethics Quarterly, Cambridge University Press, vol. 24(1), pages 55-83, January.
    24. Arnold, Denis G. & Bowie, Norman E., 2003. "Sweatshops and Respect for Persons," Business Ethics Quarterly, Cambridge University Press, vol. 13(2), pages 221-242, April.
    25. Benjamin Powell & Matt Zwolinski, 2012. "The Ethical and Economic Case Against Sweatshop Labor: A Critical Assessment," Journal of Business Ethics, Springer, vol. 107(4), pages 449-472, June.
    26. Mathew Coakley & Michael Kates, 2013. "The Ethical and Economic Case for Sweatshop Regulation," Journal of Business Ethics, Springer, vol. 117(3), pages 553-558, October.
    27. Walter Block, 2008. "Labor Economics from a Free Market Perspective:Employing the Unemployable," World Scientific Books, World Scientific Publishing Co. Pte. Ltd., number 6388, August.
    28. Jan Schnellenbach, 2011. "Wohlwollendes Anschubsen: Was ist mit liberalem Paternalismus zu erreichen und was sind seine Nebenwirkungen?," Perspektiven der Wirtschaftspolitik, Verein für Socialpolitik, vol. 12(4), pages 445-459, November.
    29. Douglas Zhihua Zeng, 2010. "Building Engines for Growth and Competitiveness in China : Experience with Special Economic Zones and Industrial Clusters," World Bank Publications - Books, The World Bank Group, number 2501.
    30. Arnold, Denis G. & Bowie, Norman E., 2007. "Respect for Workers in Global Supply Chains: Advancing the Debate Over Sweatshops," Business Ethics Quarterly, Cambridge University Press, vol. 17(1), pages 135-145, January.
    31. James Buchanan, 1990. "The domain of constitutional economics," Constitutional Political Economy, Springer, vol. 1(1), pages 1-18, December.
    32. Stephanie BARRIENTOS & Gary GEREFFI & Arianna ROSSI, 2011. "Economic and social upgrading in global production networks: A new paradigm for a changing world," International Labour Review, International Labour Organization, vol. 150(3-4), pages 319-340, December.
    33. Zwolinski, Matt, 2007. "Sweatshops, Choice, and Exploitation," Business Ethics Quarterly, Cambridge University Press, vol. 17(4), pages 689-727, October.
    34. Hochman, Harold M & Rodgers, James D, 1969. "Pareto Optimal Redistribution," American Economic Review, American Economic Association, vol. 59(4), pages 542-557, Part I Se.
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