In a recent paper in this journal, Tom O'Shea defends socialist republicanism, marrying the value... more In a recent paper in this journal, Tom O'Shea defends socialist republicanism, marrying the value of freedom as non-domination to public ownership of the means of production. In this reply, I argue that the efficiency costs that often attach to public ownership may undercut the ability of the socialist republic to combat domination by public agents. This is for two reasons. First, the economic gains provided by efficiency can insulate individuals from the discretionary power of other agents. Put briefly, the more wealth you have, the less that discretionary power threatens your basic interests. Second, the efficiency costs of public ownership also make it more difficult to hold accountable the managers of economic organizations. This shortcoming of O'Shea's argument reveals a point hitherto neglected in the republican literature: caring about non-domination implies caring about efficiency.
Critical Review of International Social and Political Philosophy
I argue social and political freedom is not primarily about the absence of constraints, whether t... more I argue social and political freedom is not primarily about the absence of constraints, whether those constraints be in the form of interference or domination. Instead, social freedom is centrally about what makes us free. That is, the question of social freedom is first and foremost about determining the positive preconditions of being a free person within society. Social freedom is about what I call the social bases of freedom, or those features of our social world that we have a reason to rely on in making plans or going about our business.
Noncompete clauses (NCCs), or agreements by employees to not work for a competitor or start a com... more Noncompete clauses (NCCs), or agreements by employees to not work for a competitor or start a competing business, have recently faced increased public scrutiny and criticism. This article provides a qualified defense of NCCs. I focus on the argument that NCCs should be banned because they unfairly restrict the options of employees. I argue that this argument fails because it neglects the economist Thomas Schelling's insight that limiting exit options can be beneficial for a person. This employee-based defense of NCCs does not absolve all their uses, but it does give us a rough test for evaluating the permissibility of NCCs. With this test in hand, I turn to some of the more controversial uses of NCCs. For those who weigh heavily the interests of employees, the question is not whether NCCs, but when.
Untangling the relationship of law and liberty is among the core problems of political theory. On... more Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This paper challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, I claim the question facing us is not the easy one of either law or social norms. Respecting this draws attention to the unique risks to our freedom introduced by both sets of norms.
A common justification offered for unequal pay is that it encourages socially beneficial producti... more A common justification offered for unequal pay is that it encourages socially beneficial productivity. G. A. Cohen famously criticizes this argument for not questioning the behavior and attitudes that make those incentives necessary. I defend the communal status of incentives against Cohen's challenge. I argue that Cohen's criticism fails to appreciate two different contexts in which we might grant incentives. We might grant unequal payment to someone because they demand it. However, unequal payment might be an offer instead. I claim that incentives as offers promote the ideal of society as a cooperative venture for mutual advantage.
In recent years, scholars have argued that democratic provenance of law establishes moral require... more In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their case. To establish our claims, we focus on Thomas Christiano's book, The Constitution of Equality, and a recent article by Daniel Viehoff.
An old conservative criticism of egalitarianism is that it is nothing but the expression of envy.... more An old conservative criticism of egalitarianism is that it is nothing but the expression of envy. Egalitarians respond by saying envy has nothing to do with it. I present an alternative way of thinking about the relation of envy to distributive justice, and Rawlsian justice in particular. I argue that, while ideals of justice rightly distance themselves from envy, envy plays a role in facing injustice. Under nonideal circumstances, less attractive features of human nature may play a role in motivating the action necessary to push an unjust society in a more just direction.
In a recent paper in this journal, Tom O'Shea defends socialist republicanism, marrying the value... more In a recent paper in this journal, Tom O'Shea defends socialist republicanism, marrying the value of freedom as non-domination to public ownership of the means of production. In this reply, I argue that the efficiency costs that often attach to public ownership may undercut the ability of the socialist republic to combat domination by public agents. This is for two reasons. First, the economic gains provided by efficiency can insulate individuals from the discretionary power of other agents. Put briefly, the more wealth you have, the less that discretionary power threatens your basic interests. Second, the efficiency costs of public ownership also make it more difficult to hold accountable the managers of economic organizations. This shortcoming of O'Shea's argument reveals a point hitherto neglected in the republican literature: caring about non-domination implies caring about efficiency.
Critical Review of International Social and Political Philosophy
I argue social and political freedom is not primarily about the absence of constraints, whether t... more I argue social and political freedom is not primarily about the absence of constraints, whether those constraints be in the form of interference or domination. Instead, social freedom is centrally about what makes us free. That is, the question of social freedom is first and foremost about determining the positive preconditions of being a free person within society. Social freedom is about what I call the social bases of freedom, or those features of our social world that we have a reason to rely on in making plans or going about our business.
Noncompete clauses (NCCs), or agreements by employees to not work for a competitor or start a com... more Noncompete clauses (NCCs), or agreements by employees to not work for a competitor or start a competing business, have recently faced increased public scrutiny and criticism. This article provides a qualified defense of NCCs. I focus on the argument that NCCs should be banned because they unfairly restrict the options of employees. I argue that this argument fails because it neglects the economist Thomas Schelling's insight that limiting exit options can be beneficial for a person. This employee-based defense of NCCs does not absolve all their uses, but it does give us a rough test for evaluating the permissibility of NCCs. With this test in hand, I turn to some of the more controversial uses of NCCs. For those who weigh heavily the interests of employees, the question is not whether NCCs, but when.
Untangling the relationship of law and liberty is among the core problems of political theory. On... more Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This paper challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, I claim the question facing us is not the easy one of either law or social norms. Respecting this draws attention to the unique risks to our freedom introduced by both sets of norms.
A common justification offered for unequal pay is that it encourages socially beneficial producti... more A common justification offered for unequal pay is that it encourages socially beneficial productivity. G. A. Cohen famously criticizes this argument for not questioning the behavior and attitudes that make those incentives necessary. I defend the communal status of incentives against Cohen's challenge. I argue that Cohen's criticism fails to appreciate two different contexts in which we might grant incentives. We might grant unequal payment to someone because they demand it. However, unequal payment might be an offer instead. I claim that incentives as offers promote the ideal of society as a cooperative venture for mutual advantage.
In recent years, scholars have argued that democratic provenance of law establishes moral require... more In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their case. To establish our claims, we focus on Thomas Christiano's book, The Constitution of Equality, and a recent article by Daniel Viehoff.
An old conservative criticism of egalitarianism is that it is nothing but the expression of envy.... more An old conservative criticism of egalitarianism is that it is nothing but the expression of envy. Egalitarians respond by saying envy has nothing to do with it. I present an alternative way of thinking about the relation of envy to distributive justice, and Rawlsian justice in particular. I argue that, while ideals of justice rightly distance themselves from envy, envy plays a role in facing injustice. Under nonideal circumstances, less attractive features of human nature may play a role in motivating the action necessary to push an unjust society in a more just direction.
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Papers by Harrison Frye