ABSTRACTA recent line of argument insists that replacing democracy with markets would improve social decision making due to markets’ superior use of knowledge. These arguments are flawed by unrealistic assumptions, unfair comparisons, and a neglect of the epistemic limits of markets. In reality, the epistemic advantages of markets over democracy are circumscribed and often illusory. A recognition of markets’ epistemic limits can, however, provide guidance for designing institutions in ways that capture the advantages (...) of both. (shrink)

What should and what should not be for sale in a society? This is the central question in the Moral Limits of Markets debate, which is conducted by a group of business ethicists and liberal egalitarian political theorists. These MLM theorists, which we will dub ‘market moralists,’ all put forward a specific version of the argument that while the market is well suited to allocate some categories of goods and services, it is undesirable for the allocation of other (...) such categories. We argue that the current MLM debate is too much framed in terms of a market/non-market dichotomy. Moreover, authors tend to distinguish insufficiently between values such as freedom, equality, and efficiency, and allocation methods such as the market, the queue, and rationing. We introduce a new conceptual scheme consisting of societal domains, values, and allocation methods to provide a better structure for this debate. The argument is illustrated from the education and healthcare domains. (shrink)

A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome the knowledge problems associated with the environmental sphere. This paper argues to the contrary, that this Austrian School approach itself suffers from significant knowledge problems. The first of these relates to the ability of Austrian economics to assign victim compensation and the second to the difficulty of establishing causation in complex environmental problems. The paper (...) will also show how alternative approaches may not suffer from these epistemic challenges and are better placed to overcome them. (shrink)

In Why Some Things Should Not Be for Sale, philosopher Debra Satz takes a penetrating look at those commodity exchanges that strike most of us as problematic. What considerations, she asks, ought to guide the debates about such markets? What is it about a market involving prostitution or the sale of kidneys that makes it morally objectionable? How is a market in weapons or pollution different than a market in soybeans or automobiles? Are laws and social policies banning the (...) more noxious markets necessarily the best responses to them? Satz contends that categories previously used by philosophers and economists are of limited utility in addressing such questions because they have assumed markets to be homogenous. Accordingly, she offers a broader and more nuanced view of markets--one that goes beyond the usual discussions of efficiency and distributional equality--to show how markets shape our culture, foster or thwart human development, and create and support structures of power. (shrink)

This paper examines the morality of kidney markets through the lens of choice, inequality, and weak agency looking at the case for limiting such markets under both non-ideal and ideal circumstances. Regulating markets can go some way to addressing the problems of inequality and weak agency. The choice issue is different and this paper shows that the choice for some to sell their kidneys can have external effects on those who do not want to do so, constraining (...) the options that are now open to them. I believe that this is the strongest argument against such markets. (shrink)

Proponents of semiotic arguments against the commodification of certain goods face the following challenge: formulate your argument such that it does not appeal to immoral consequences, nor is really an argument showing that we ought to reform the meaning we give to commodification. I here attempt to meet this challenge via appeal to the notion of what I call proto-on-a-par value. Under this construal, the semiotic argument yields that the commodification of certain goods necessarily signals value choice, where value choice (...) ought not to be signaled. (shrink)

The old discussion of 'Market or State' is obsolete. There will always have to be a mix of market and state. The only relevant question is what that mix should look like. How far do we have to let the market go its own way in order to create as much welfare as possible for everyone? What is the responsibility of the government in creating welfare? These are difficult questions. But they are also interesting questions and Paul De Grauwe analyses (...) them in this book. The desired mix of market and state is anything but easy to bring about. It is a difficult and sometimes destructive process that is constantly in motion. There are periods in history in which the market gains in importance. During other periods the opposite occurs and government is more dominant. The turning points in this pendulum swing typically seem to coincide with disruptive events that test the limits of market and state. Why we experience this dynamic is an important theme in the book. Will the market, which today is afforded a greater and greater role due to globalization, run up against its limits? Or do the financial crisis and growing income inequality show that we have already reached those limits? Do we have to brace ourselves for a rejection of the capitalist system? Are we returning to an economy in which the government is running the show? (shrink)

There is a move away from a market economy in health care in the United States and a move towards such a market in Germany.1 This article tries to make explicit what underlies the moral intuition that there is a tension between a market economy and health care. First, health care is analyzed in terms of the economic theory of the market and incompatibilities are described. The moral problem is identified as the danger of liquefying the distinction between persons and (...) things . The basic moral intuition seems to be the classical social contract: as a functioning market is governed by the principle of commutative justice , free riders have to be kept away, which is achieved by coercion that is not provided by the market; coercion can be justified by a social contract. The special moral problems of a social contract for health care are discussed. It is argued that public coercion in order to collect contributions for essential health care is justified. (shrink)

This paper questions the dominance of market-based mechanisms (MBMs) as the primary means of climate change mitigation. It argues that, not only they are unsuccessful on their own terms, but also they actually make the task more difficult by the unintended consequence of normalising the act of polluting and crowding out alternatives. The theoretical contribution of the paper is to draw a link between two bodies of literature. The first is the business ethics literature on the dominance of market-based rather (...) than direct regulation, and the second is the literature on market ethics, particularly the work of Michael Sandel on how MBMs crowd out non-market norms. The empirical contribution is to use the international maritime transport sector to illustrate the way market-based regulation renders alternatives such as direct regulation and supply-side approaches invisible. (shrink)

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, (...) as long as it is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (shrink)

Wright, Ken Review(s) of: What money can't buy: The moral limits of markets, by Michael J. Sandel, Allen Lane, London, 20012, 244 pp., hardback $24.90.

This paper explores the claims made by various authors that the fair-trade network provides an initial basis for a challenge to the commodification of goods under global capitalism. Proponents of fair trade generally advance two essential arguments in this regard. First, they claim that fair trade reveals the social and environmental conditions under which goods are produced and brings producers and consumers together through 'ethical consumerism', which challenges the commodification of goods into items with an independent life of their own. (...) Second, they argue that fair trade affirms non-economic values of co-operation and solidarity which challenge the capitalist imperatives of competition, accumulation, and profit-maximisation. Drawing from cases in the fair-trade coffee sector, these assertions are critically examined and it is argued that, while fair trade can provide a symbolic challenge to commodity fetishism, in the end this challenge is strictly limited by the power of global market imperatives and the network's market-driven approach. (shrink)

We offer an ethical assessment of the market for data used to generate what are sometimes called “consumer scores” (i.e., numerical expressions that are used to describe or predict people’s dispositions and behavior), and we argue that the assessment has ethical implications on how the market for consumer scoring data should be regulated. To conduct the assessment, we employ two heuristics for evaluating markets. One is the “harm” criterion, which relates to whether the market produces serious harms, either for (...) participants in the market, for third parties, or for society as a whole. The other is the “agency” criterion, which relates to whether participants understand the nature and significance of the exchanges they are making, if they can be guaranteed fair representation, or if there is differential need for the market’s good. We argue that consumer scoring data should be subject to the same sort of regulation as the older FICO credit scores. Although the movement in the 1990s that was aimed at regulating the FICO scores was not aimed at restraining a market per se, we argue that the reforms were underwritten by concerns about the same sorts of problems as those outlined by our heuristics. Therefore, consumer data should be subject to the same sort of regulation. (shrink)

In Markets with Limits: How Commodification of Academia Derails Debate, James Stacey Taylor presents a well-written book that is, in great part, a response to Peter Jaworski and Jason Brennan’s work Markets Without Limits: Moral Virtues and Commercial Interests. In the first part of Taylor’s book, he effectively illustrates the misguided nature of many of Jaworski and Brennan’s arguments. Taylor maintains that Brennan and Jaworski misinterpret the work of their “anti-commodification” opponents. After this critique, the book (...) takes a dramatic turn as Taylor critiques the market incentives involved in academia and attempts to explain the structures that allow for inferior work, like that of Brennan and Jaworski, to be incentivized. By directly linking the two parts of the work and holding up Markets Without Limits: Moral Virtues and Commercial Interests as an example of inferior academic work, there is sometimes an undercurrent of an academic spat at play. Also, given the shift in the book and scope of both projects undertaken by Taylor, I believe this work could have been developed into several manuscripts, or a series of articles. In its current form, chapters 8–10 seem more rushed than the rest of the work and could have benefitted from additional space to be flushed out in the detail they deserve. It is this later section that I believe could benefit the most from revision and expansion. (shrink)

Noxious markets, inequality and social meanings In this thoughtful and timely book, Debra Satz provides a convincing justificatory framework for our ongoing discomfort at the intrusion of markets into many areas of our lives that hitherto had been free from commercial influence. Her central problem is the commodification of everyday life. We inhabit social worlds which are highly commodified and in which the market is often prescribed as a universal panacea for any social problem we confront. Yet despite (...) such overt marketisation in the culture at large, nonetheless there remains the widespread belief that there are some things that should not be for sale: the very thought of selling certain goods remains repugnant. Satz's task in this book is to explain why such misgivings are correct. How might we best account for the intuition that some things should not be for sale? At the heart of her tale is a concern with the inequality that markets often bring in their wake. (shrink)

James Stacey Taylor, in his book Markets With Limits, argues that Jason Brennan and Peter Jaworski, in their book Markets Without Limits, systematically mischaracterize the views of the anti-commodification theorists they are critiquing, attributing to them positions (e.g., semiotic essentialism and an asymmetry thesis) that they do not hold. Further, Taylor offers an anti-commodification hypothesis of his own to explain why talented academics like Brennan and Jaworski could fall into such systematic mistakes – namely, that the (...) intrusion of market norms into academia incentivizes scholars to prioritize original arguments in prominent venues over careful fact-checking. I argue that Taylor is correct in charging that Brennan and Jaworski have gotten their opponents’ views wrong; and I show how their subsequent replies to Taylor’s criticisms have been unconvincing. I also argue, however, that Taylor may be over-hasty in identifying the likely causes of their errors. (shrink)

This paper points to a lost and ignored strand of argument in the writings of liberalism's earliest defenders. These “classical” liberals recognized that market liberty was not always compatible with individual liberty. In particular, they argued that labor markets required intervention and regulation if workers were not to be wholly subjugated to the power of their employers. Functioning capitalist labor markets (along with functioning credit markets) are not “natural” outgrowths of exchange, but achievements hard won in the (...) battle against feudalism. Further, and crucially, the existence of such markets required closing off other market choices. Footnotesa I would like to thank the other contributors to this volume, and its editors, for their helpful comments on an earlier draft of this essay. (shrink)

This paper considers what liberal philosopher Michael Sandel coins the ‘moral limits of markets’ in relation to the idea of paying people for data about their biometrics and emotions. With Sandel arguing that certain aspects of human life (such as our bodies and body parts) should be beyond monetisation and exchange, others argue that emerging technologies such as Personal Information Management Systems can enable a fairer, paid, data exchange between the individual and the organisation, even regarding highly personal (...) data about our bodies and emotions. With the field of data ethics rarely addressing questions of payment, this paper explores normative questions about data dividends. It does so by conducting a UK-wide, demographically representative online survey to quantitatively assess adults’ views on being paid for personal data about their biometrics and emotions via a Personal Information Management System, producing a data dividend, a premise which sees personal data through the prism of markets and property. The paper finds diverse attitudes based on socio-demographic characteristics, the type of personal data sold, and the type of organisation sold to. It argues that (a) Sandel’s argument regarding the moral limits of markets has value in protecting fundamental freedoms of those in society who are arguably least able to (such as the poor); but (b) that contexts of use, in particular, blur moral limits regarding fundamental freedoms and markets. (shrink)

A distinctive feature of modern capitalist societies is the tendency of the market to take over the production, maintenance, and distribution of goods that were previously produced, maintained, and distributed by nonmarket means. Yet, there is a wide range of disagreement regarding the proper extent of the market in providing many goods. Labor has been treated as a commodity since the advent of capitalism, but not without significant and continuing challenges to this arrangement. Other goods whose production for and distribution (...) on the market are currently the subject of dispute include sexual intercourse, human blood, and human body parts such as kidneys. How can we determine which goods are properly subjects of market transactions and which are not? The purpose of this article is to propose a theory of what makes economic goods differ from other kinds of goods, which can help to answer this question. (shrink)

Michael Sandel’s latest book is not a scholarly work but is clearly intended as a work of public philosophy—a contribution to public rather than academic discourse. The book makes two moves. The first, which takes up most of it, is to demonstrate by means of a great many examples, mostly culled from newspaper stories, that markets and money corrupt—degrade—the goods they are used to allocate. The second follows from the first as Sandel’s proposed solution: we as a society should (...) deliberate together about the proper meaning and purpose of various goods, relationships, and activities (such as baseball and education) and how they should be valued. -/- Public philosophy is a different genre from academic philosophy, but that does not mean that it cannot be held to high standards. In my view, while this book does provide food for thought and food for conversation, it nevertheless has significant failings as a work of public philosophy rather than journalistic social activism on the model of Naomi Klein’s No logo (1999). (shrink)

This paper proposes a theory of institutional pluralism to deal with the question whether and to what extent limits should be placed on the market. It reconceives the pluralist position as it was presented by Michael Walzer and others in several respects. First, it argues that the options on the institutional menu should not be principles of distribution but rather economic mechanisms or ‘modes of provision’. This marks a shift from a distributive to a provisional logic. Second, it argues (...) that we should drop the assumption that any good should only be placed in one sphere, i.e. distributed according to one distributive principle. This marks a shift to ‘complex pluralism’: for at least some goods it is appropriate that they are provided through the market and through one or more non-market alternatives simultaneously. Finally, it argues that the often used conventionalist justification should be traded for a capability approach to the moral evaluation of markets and non-market alternatives. Any institutional option on our menu has value to the extent that it enhances the morally relevant capabilities of the producers and/or consumers of the good that is to be provided. This approach will be illustrated with two examples of goods for which it yields complex pluralist conclusions: the provision of care and the provision of media content. (shrink)

Entrepreneurs of contested commodities often face stakeholders engaged in market excluding boundary work driven by ethical considerations. For example, the conversion of academic scientific knowledge into technologies that can be owned and sold is a growing global trend and key stakeholders have different ethical responses to this contested commodity. Commercialization of science can be viewed as a good thing because people believe it bolsters economic growth and broadly benefits society. Others view it as bad because they believe it discourages basic (...) research that ought to be freely shared without concern for profit. Taking a descriptive sociological approach, we posit that the stance of a religious tradition toward capitalism will help shape individual scientists’ views on science commercialization and test whether the religious tradition of scientists correlates with their attitude toward the commercialization of science. To maximize variance on the religious tradition dimension, we analyze pooled data from a cross-national survey of university biologists and physicists encompassing France, Hong Kong, India, Italy, Taiwan, Turkey, UK and the USA. We indeed find religious tradition differences. Hindus and scientists with no religious tradition are more likely to agree that commercialization of science “harms a university’s commitment to knowledge production” than Protestants. We end with a discussion on business ethics and the moral limits of the market as well as implications for entrepreneurs of contested commodities. (shrink)

This article analyses the negative ethical impact of privatisation, alongside the ongoing marketisation of social care and social work provision for children and young people in England. It critically appraises the implications of a market-based formal social care system, which includes the risk-averse and often detached role of social workers within ever more fragmented sectors of care. Analysis begins with a discussion of background policy and context. The tendency towards ‘service user’ objectification and commodification are then detailed, followed by a (...) discussion of the limiting of choice for service users. Service and social fragmentation, and the often severely restricted ‘life chances’ of many children and young people in care, are then deliberated. The concluding discussion reiterates the ethical implications of marketisation in relation to ethical frameworks, including those associated with autonomy, informed choice, social exclusion and social justice. The tendency towards children increasingly being utilised as a means to an end within business-orientated sectors of care is highlighted, alongside moral questions asked about the State’s purpose in providing a community of support. (shrink)

Jason Brennan and Peter Jaworski argue in recent work that “semiotic” or “symbolic” objections to markets are unsuccessful. I counter-argue that there are indeed some semiotic limits on markets and that anti-commodification theorists are not merely expressing disgust when they disapprove of markets in certain goods on those grounds. One central argument is that, contrary to what Brennan and Jaworski claim, semiotic arguments against markets do not depend fundamentally on meanings that prevail about markets. (...) Rather, they depend on the meanings that attach to various goods, meanings that give us moral bases on which to make judgments about their prospective commodification. (shrink)

This paper looks at the development of blockchain technologies that promise to bring new tools for the management of private data, providing enhanced security and privacy to individuals. Particular interest present solutions aimed at reorganizing data flows in the Internet of Things architectures, enabling the secure and decentralized exchange of data between network participants. However, as this paper argues, the promised benefits are counterbalanced by a significant shift towards the propertization of private data, underlying these proposals. Considering the unique capacity (...) of blockchain technology applications to imitate and even replace traditional institutions, this aspect may present certain challenges, both of technical and ethical character. In order to highlight these challenges and associated concerns, this paper identifies the underlying techno-economic factors and normative assumptions defining the development of these solutions amounting to technologically enabled propertization. It is argued that without careful consideration of a wider impact, such blockchain applications could have effects opposite to the intended ones, thus contributing to the erosion of privacy for IoT users. (shrink)

This book presents startling evidence that state monopolies can produce better outcomes than the free market. It provides an empirical comparison of the property insurance market in five European countries: Britain, Spain, France, Switzerland, and Germany. The market and cost structures of insurers in each country are described, and particular features of each market and the outcomes for customers examined. The regulatory frameworks vary widely from country to country and so do the market outcomes, both in terms of premium level (...) and in terms of available insurance cover.In view of the increase in major floods and other forms of natural damage over the last decades, the non-availability of insurance cover in many competitive insurance systems is likely to become a major political issue. This book shows that state monopoly is an adequate policy response. Competitive insurance systems are shown to provide incomplete cover at a substantially higher cost. In mixed systems, where the private sector can obtain reinsurance from the state the state tends to end up paying most of the costs while the private insurance companies keep most of the premium income.The book will be of interest to academic economists interested in privatization, regulation, the theory of the firm, and insurance; Policy-makers concerned with regulation and privatization; Insurance companies, regulators, and analysts. (shrink)

Critics of investment citizenship often appeal to the idea that citizenship should not be commodified. This chapter clarifies how the different arguments in support of this Commodification Objection are best understood as versions of wider claims in the literature on the moral limits of markets (MLM). Through an analysis of the three main objections – The Wrong Distribution Argument, The Value Degradation Argument, and the Motivational Corruption Argument – it claims that these objections rely on flawed and partial (...) interpretations of the broader debates. As such, they do not in fact support the conclusions critics of investment citizenship wish to draw from them. The paper concludes that the commodification objection to investment citizenship should therefore be abandoned, and that normative resistance to the practice should be made on other grounds. (shrink)

This paper considers the normative assessment of bonded labor from the perspectives of libertarianism and Paretian welfare economics. I argue that neither theory can account for our objections to bonded labor arrangements; moreover, they fail in interesting ways. Reflecting on their normative failures focuses us on other considerations besides individual choice and efficiency. Such considerations include: the effects of labor markets on workers' preferences and capacities; the exploitation of the vulnerabilities of the poor; and the permanent binding of one (...) person to another. (shrink)

In Markets Without Limits Brennan and Jaworski defend the view that there are “no legitimate worries about what we buy, trade, and sell.” But rather than being a unified defense of this position Brennan and Jaworski unwittingly offer three distinct pro-commodification views—two of which are subject to counterexamples. This Commentary will clarify what should be the thesis of their volume and identify the conditions that any counterexample to this must meet.

This book assesses the evolutionary sustainability of liberalism. The book’s central claim is that liberal institutions ultimately weaken their social groups in the evolutionary process of inter-group competition. In this sense, institutions relying on the liberal satisfaction of preferences reveal maladaptive tendencies. Based on the model of multilevel selection, this work appraises the capacity of liberal democracy and free markets to satisfy preferences. In particular, the book re-evaluates public choice theory’s classic postulate that free markets are a suitable (...) alternative to the shortcomings of western liberal democracies regarding preference satisfaction. Yet, the book concludes that free markets are not a solution to the problems of liberal democracy because both market and democratic liberal institutions rest on the liberal satisfaction of preferences, an ethic which hurts group evolutionary fitness. This volume is of interest to political theorists, evolutionary ethicists, political economists and to general readers interested in the future of liberalism. (shrink)