The Solitary Following and leading are hateful to me. Obey? No! But lead? No way! Who's not himself a terror frightens no one. And only the terror-maker can lead others. To me it's hateful even to lead myself! I love it, like creatures of wood and sea, For a good little while to lose myself, In lovely madness meditatively sit, From the distance homeward entice myself, Me myself to me myself—seducing.1.

Im 19. Jahrhundert vollzog die Philosophie eine signifikante Kehrtwende, kam es doch zu einem Bruch mit der vorherrschenden Orientierung an metaphysischen Welterklärungsmustern. Jenes Denken, welches später als Existenzphilosophie bezeichnet werden sollte, stellte fortan den Menschen und seine situativen Bedingungen in den Mittelpunkt. Es war die Feststellung leitend, dass die vertraute Welt- und Lebensordnung fragil geworden war. In dieser Formulierung klingt an, was zu einem wesentlichen Erkennungsmerkmal existentiellen Denkens wurde, denn aus der Tatsache des Existierens resultiert Scheitern. Nach Jaspers ist das (...) Scheitern manifester Ausdruck der existentiellen Grundsituation des Menschen. Darin aber eröffnet sich die Chance zur Existenzerhellung, die sich bildend vollzieht. (shrink)

Background This study was designed to investigate how patient-reported shared decision-making relates to other aspects of patient centredness and satisfaction. Methods Questionnaire study with patients. Consecutive patients in primary care responding post visit. Associations are presented as proportions, positive predictive values, with 95% confidence intervals. Results 223 patient questionnaires were included. 62% (95% Confidence interval (CI): 55–69) of the patients indicated the highest possible rating of being involved in the decisions about their ongoing care (self-reported SDM). Self-reported SDM had a (...) positive predictive value (PPV) of between 85% (CI: 77–90) and 95% (CI: 90–98) for five other patient-centred aspects and satisfaction. Conclusion The results suggest that shared decision making is the patient-centred aspect hardest to achieve and that a patient-centred process leading up to the decision-making increases the chance of the patient being involved in the decision-making. (shrink)

This article uses a particular view of the basic emotions in order to develop and defend an account of paradigmatic emotion-linked evaluative properties. The view is that felt emotions are constituted by an awareness that one is about to behave in a certain way. This view provides support for a fitting-attitude account of certain evaluative properties. But the relevant sense of fittingness is not to be understood in terms of reasons. The account therefore sidesteps the well-known Wrong Kind of Reasons (...) problem. Throughout the article, a contrast is made with the rational sentimentalism of Justin D’Arms and Daniel Jacobson. (shrink)

ABSTRACTIn The Netherlands, the public funding of a number of health care services is controversial. What can we learn from this about the moral concerns that underlie these judgements? And, if there is anything to learn, can we use this improved understanding to scrutinise the adequacy of particular decisions concerning the public funding of health care services? In the present paper, I will analyse three cases: corrective surgey, In Vitro Fertilisation and liver transplantation. I will summarise the arguments that have (...) been used to support or to challenge the public funding of these services. I will then assess the merits of Daniels’fair equality of opportunity account of justice in health care. Can this account improve our understanding of the moral concerns underlying our judgements about the public funding of these services? Can it serve to scrutinise the adequacy of particular decisions that are made concerning the public funding of health care services? My answer to both questions will be a qualified yes. Daniels’account can provide guidance, but not because we can deductively infer from it what is right and what is wrong. Instead, I will argue for a more casuistic use of the concept of fair equality of opportunity. (shrink)

When Bernard Williams died in 2003, the Times newspaper hailed him ‘as the greatest moral philosopher of his generation’. This outstanding collection of specially commissioned new essays on Williams's work is essential reading for anyone interested in Williams, ethics and moral philosophy and philosophy in general. _Reading Bernard Williams_ examines the astonishing scope of his philosophy from metaphysics and philosophy of mind to ethics, political philosophy and the history of philosophy. An international line up of outstanding contributors discuss, amongst others, (...) the following central aspects of Williams's work: Williams's challenge to contemporary moral philosophy and his criticisms of 'absolute' theories of morality reason and rationality the good life the emotions Williams and the phenomenological tradition philosophical and political agency moral and political luck ethical relativism Contributors : Simon Blackburn; John Cottingham; Frances Ferguson; Joshua Gert; Peter Goldie; Charles Guignon; Sharon Krause; Christopher Kutz; Daniel Markovits; Elijah Millgram; Martha Nussbaum; Carol Rovane. (shrink)

Introduction to volume containing essays by Simon Blackburn, John Cottingham, Frances Ferguson, Joshua Gert, Peter Goldie, Charles Guignon, Sharon Krause, Christopher Kutz, Daniel Markovits, Elijah Millgram, Martha Nussbaum, and Carol Rovane.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reading Karl Barth, Interrupting Moral Technique, Transforming Biomedical Ethics by Ashley John MoyseJoshua DanielReading Karl Barth, Interrupting Moral Technique, Transforming Biomedical Ethics Ashley John Moyse NEW YORK: PALGRAVE MACMILLAN, 2015. 263 PP. $100.00Reading Karl Barth, Interrupting Moral Technique, Transforming Biomedical Ethics by Ashley John Moyse is a work in fundamental theological bioethics. Rather than an applied approach that attends to particular dilemmas or issues—which falls prey to the (...) "moral technique" that is Moyse's main target—the author articulates an embodied ethical practice of postures, grounded in Karl Barth's theology, which promotes conversation over solitary reflection and plurality by way of particularity. Beyond usual complaints about contemporary biomedicine and bioethics, Moyse's subtle point is that standard bioethics, trapped in the totalizing grammar of common morality theory, functions as a technique, a tool to produce decisions more efficiently from the abstracted, disengaged stance of an impersonal agent. Hence, bioethics itself mimics the very technologies that provoke bioethical perplexities in the first place. What's needed, according to Moyse, is less a new theory than a new catechesis that can interrupt and transform standard bioethics at the level of embodied practice. [End Page 221]After an introduction that outlines the book's argument and perspective, the first chapter gives an account of bioethics' grounding in common morality theory (specifically, Tom Beauchamp and James Childress, and Bernard Gert). Ultimately, common morality is judged to be sinful, presuming that the proffered moral mastery of bioethics can secure the human good. Over the next three chapters, Moyse articulates, on the basis of Karl Barth and ancillary others, three postures of human flourishing involving dispossessing ourselves of moral mastery, each aligned with a theological virtue. First is the posture of openness or embodied solidarity, understood as a combination of the availability of our full attention to the other, with the fidelity to remain so available. Theologically, this aligns with love as self-surrender to the other and relates to Barth's account of humanity as cohumanity, existing essentially in encounter and community. Second is the posture of agency, understood as the freedom to act recognizant of the particular and provisional character of our decisions. This aligns with hope and is grounded in Barth's account of God's command as permission discerned through conscience and with others. Third is the posture of respect, which is a coalescence of openness and agency in view of our temporal finitude, consisting of reverence for the life we're given and resolve to live it in the face of illness and death. This aligns with faith and relates to Barth's account of God's command to live as the freedom to will to live within limitations. Moyse concludes with an illustration of how these postures might be exercised not as an application to a particular dilemma or issue but as a catechetical re-envisioning of our common moral space.Moyse makes a convincing case that Barth is a profitable theological resource for transforming bioethics, particularly in terms of shifting ethical attention from principles and rules to actual persons. While the exposition of Barth is excessive, much of it simply shoring up the book's theological credentials, what Moyse builds from it is salient. Still, he might have theorized the concept of posture more. The term is provocative in its corporeally concrete implications but vague as an ethical category. Moyse differentiates postures from Aristotelian habits yet doesn't clarify how postures differ from virtues. That Moyse aligns his postures with theological virtues only sharpens the problem. Relatedly, this reviewer wishes Moyse had engaged Edmund Pellegrino's medical ethical work: their shared discontent with principles-based bioethics but divergent intuitions of what bioethics should be (Pellegrino favoring a more philosophical, virtue-ethical, and humanistic perspective) would have helped define Moyse's contribution more sharply. Ultimately, these dissatisfactions are testimonies to this reviewer's appreciation for the substance of Moyse's own ethical voice and desire to hear it more clearly. [End Page 222]Joshua DanielUniversity of ChicagoCopyright © 2017 Society of Christian Ethics... (shrink)

Egalitarians often claim that well-off states’ immigration restrictions create or reinforce objectionable inequality. Standard defenses of this claim appeal to the distributive consequences of exclusion. This article offers a relational egalitarian defense of more open borders. On this view, well-off states’ immigration restrictions are problematic because they accord the citizens of well-off states a troubling form of asymmetric power over the disadvantaged. This creates an objectionably unequal relationship between affluent states’ citizens and disadvantaged immigrants. I show that this argument offers (...) a compelling diagnosis of a central problem with border control, defend the argument against objections, and explore its implications. (shrink)

Why do well‐functioning psychological systems sometimes give rise to absurd beliefs that are radically misaligned with reality? Drawing on signalling theory, I develop and explore the hypothesis that groups often embrace beliefs that are viewed as absurd by outsiders as a means of signalling ingroup commitment. I clarify the game‐theoretic and psychological underpinnings of this hypothesis, I contrast it with similar proposals about the signalling functions of beliefs, and I motivate several psychological and sociological predictions that could be used to (...) distinguish it from alternative explanations of irrational group beliefs. (shrink)

According to an influential recent view, S is propositionally justified in believing p iff S is in no position to know that S is in no position to know p. I argue that this view faces compelling counterexamples.

I outline a version of idealism that borrows from Humean Supervenience. The resulting theory is immune to what is often considered to be the most powerful anti-idealist argument, the gist of which is that the idealist can’t supply truthmakers (or an adequate supervenience base) for commonly accepted truths about the physical world. That charge has no purchase on Humean idealism.

In Lukács: Praxis and the Absolute, Daniel Andrés López reassembles Lukács’s philosophy of praxis on a Hegelian basis, as a conceptual-historical totality, both defending him and proposing an unprecedented, immanent critique that raises problems for Marxian philosophy as a whole.

Everyone wants to be healthy, but many of us decline to act in healthy ways. Should these choices have any bearing on the ethics of clinical practice and health policy? How may personal responsibility for health be manipulated in health policy debates.

In a recent article, Elliot Sober responds to challenges to a counter-example that he posed some years earlier to the Principle of the Common Cause (PCC). I agree that Sober has indeed produced a genuine counter-example to the PCC, but argue against the methodological moral that Sober wishes to draw from it. Contrary to Sober, I argue that the possibility of exceptions to the PCC does not undermine its status as a central assumption for methods that endeavor to draw causal (...) conclusions from statistical data. 1 The PCC and the counter-example 2 Making non-stationary time series stand still 3 Sober's alternative. (shrink)

I argue that there is a tension between two of the most distinctive theses of Sven Rosenkranz’s Justification as Ignorance: the central thesis concerning justification, according to which an agent has propositional justification to believe p iff they are in no position to know that they are in no position to know p and the desire to avoid logical omniscience by imposing only “realistic” idealizations on epistemic agents.

This paper has both theoretical and practical ambitions. The theoretical ambitions are to explore what would constitute both effective and ethical treatment of Autism Spectrum Disorder.1 However, the practical ambition is perhaps more important: we argue that a dominant form of Applied Behavior Analysis, which is widely taken to be far-and-away the best “treatment”2 for ASD, manifests systematic violations of the fundamental tenets of bioethics. Moreover, the supposed benefits of the treatment not only fail to mitigate these violations, but they (...) often exacerbate them. Warnings of the perils of ABA are not original to us—autism advocates have been ringing this... (shrink)

While solid organ transplantation for patients with substance use issues has attracted ethical discussion, a typology of the ethics themes has not been articulated in the literature. We conducted a scoping review of peer-reviewed literature on solid organ transplantation and substance use published between January 1997 and April 2016. We aimed to identify and develop a typology of the main ethical themes discussed in this literature and to identify gaps worthy of future research. Seventy articles met inclusion criteria and underwent (...) inductive content analysis. Four main ethical themes were identified: (1) personal responsibility; (2) utility; (3) moral character; and (4) fairness. Each theme had multiple sub-themes and there was substantial overlap between themes. This scoping review identified a disproportionate emphasis in the literature regarding personal responsibility, which was referenced by each of the other themes, and a narrow focus on alcohol and liver. We recommend future research further investigate these connections between ethical themes and focus on ethical issues associated with transplants from organ groups other than liver for patients who use substances other than alcohol. (shrink)

The first systematic collaboration between cognitive scientists and sports psychologists considers the mind–body relationship from the perspective of athletic skill and sports practice. This landmark work is the first systematic collaboration between cognitive scientists and sports psychologists that considers the mind–body relationship from the perspective of athletic skill and sports practice. With twenty-six chapters by leading researchers, the book connects and integrates findings from fields that range from philosophy of mind to sociology of sports. The chapters show not only that (...) sports can tell scientists how the human mind works but also that the scientific study of the human mind can help athletes succeed. Sports psychology research has always focused on the themes, notions, and models of embodied cognition; embodied cognition, in turn, has found striking confirmation of its theoretical claims in the psychological accounts of sports performance and athletic skill. Athletic skill is a legitimate form of intelligence, involving cognitive faculties no less sophisticated and complex than those required by mathematical problem solving. After presenting the key concepts necessary for applying embodied cognition to sports psychology, the book discusses skill disruption ; sensorimotor skill acquisition and how training correlates to the development of cognitive faculties; the intersubjective and social dimension of sports skills, seen in team sports; sports practice in cultural and societal contexts; the notion of “affordance” and its significance for ecological psychology and embodied cognition theory; and the mind's predictive capabilities, which enable anticipation, creativity, improvisation, and imagination in sports performance. Contributors Ana Maria Abreu, Kenneth Aggerholm, Salvatore Maria Aglioti, Jesús Ilundáin-Agurruza, Duarte Araújo, Jürgen Beckmann, Kath Bicknell, Geoffrey P. Bingham, Jens E. Birch, Gunnar Breivik, Noel E. Brick, Massimiliano L. Cappuccio, Thomas H. Carr, Alberto Cei, Anthony Chemero, Wayne Christensen, Lincoln J. Colling, Cassie Comley, Keith Davids, Matt Dicks, Caren Diehl, Karl Erickson, Anna Esposito, Pedro Tiago Esteves, Mirko Farina, Giolo Fele, Denis Francesconi, Shaun Gallagher, Gowrishankar Ganesh, Raúl Sánchez-García, Rob Gray, Denise M. Hill, Daniel D. Hutto, Tsuyoshi Ikegami, Geir Jordet, Adam Kiefer, Michael Kirchhoff, Kevin Krein, Kenneth Liberman, Tadhg E. MacIntyre, Nelson Mauro Maldonato, David L. Mann, Richard S. W. Masters, Patrick McGivern, Doris McIlwain, Michele Merritt, Christopher Mesagno, Vegard Fusche Moe, Barbara Gail Montero, Aidan P. Moran, David Moreau, Hiroki Nakamoto, Alberto Oliverio, David Papineau, Gert-Jan Pepping, Miriam Reiner, Ian Renshaw, Michael A. Riley, Zuzanna Rucinska, Lawrence Shapiro, Paula Silva, Shannon Spaulding, John Sutton, Phillip D. Tomporowski, John Toner, Andrew D. Wilson, Audrey Yap, Qin Zhu, Christopher Madan. (shrink)

We thank Nielsen Busch and Mjaaland for their article on the dead donor rule (Nielsen Busch and Mjaaland 2023). We would like to take this opportunity to go beyond the dead donor rule in order to r...

Freedom of Conscience and Freedom of Religion should be taken to protect two distinct sets of moral considerations. The former protects the ability of the agent to reflect critically upon the moral and political issues that arise in her society generally, and in her professional life more specifically. The latter protects the individual's ability to achieve secure membership in a set of practices and rituals that have as a moral function to inscribe her life in a temporally extended narrative. Once (...) these grounds are distinguished, it becomes more difficult to grant healthcare professionals' claims to religious exemptions on the basis of the latter than it is on the basis of the former. While both sets of considerations generate ‘internal reasons’ for rights to accommodation, the relevant ‘external’ reasons present in the case of claims of moral conscience do not possess analogues in the case of claims of religious conscience. However, the argument applies only to ‘irreducibly religious’ claims, that is to claims that cannot be translated into moral vocabulary. What's more, there may be reasons to grant the claims of religious persons to exemptions that have to do not with the nature of the claims, but with the beneficial effects that the presence of religious persons may have in the context of the healthcare institutions of multi-faith societies. (shrink)

The duty to protect patient welfare underpins undergraduate medical ethics and patient safety teaching. The current syllabus for patient safety emphasises the significance of organisational contribution to healthcare failures. However, the ongoing over-reliance on whistleblowing disproportionately emphasises individual contributions, alongside promoting a culture of blame and defensiveness among practitioners. Diane Vaughan’s ‘Normalisation of Deviance’ provides a counterpoise to such individualism, describing how signals of potential danger are collectively misinterpreted and incorporated into the accepted margins of safe operation. NoD is an (...) insidious process that often goes unnoticed, thus minimising the efficacy of whistleblowing as a defence against inevitable disaster. In this paper, we illustrate what can be learnt by greater attention to the collective, organisational contributions to healthcare failings by applying NoD to The Morecambe Bay Investigation. By focusing on a cluster of five ‘serious untoward incidents’ occurring in 2008, we describe a cycle of NoD affecting trust handling of events that allowed poor standards of care to persist for several years, before concluding with a poignant example of the limitations of whistleblowing, whereby the raising of concerns by a senior consultant failed to generate a response at trust board level. We suggest that greater space in medical education is needed to develop a thorough understanding of the cultural and organisational processes that underpin healthcare failures, and that medical education would benefit from integrating the teaching of medical ethics and patient safety to resolve the tension between systems approaches to safety and the individualism of whistleblowing. Data sharing not applicable as no datasets generated and/or analysed for this study. (shrink)

Journal of Experimental Social Psychology, 44, 2-9.

This book offers a broad reconstruction of the modern notion of sovereignty, a comprehensive critique of state-inflicted violence, and a concept of non-coercive law for our contemporary world society.

Call “epistocracy” a political regime in which the experts, those who know best, rule; and call “the epistocratic claim” the assertion that the experts’ superior knowledge or reliability is “a warrant for their having political authority over others.” Most of us oppose epistocracy and think the epistocratic claim is false. But why is it mistaken? Contemporary discussions of this question focus on two answers. According to the first, expertise could, in principle, be a warrant for authority. What bars the successful (...) justification of epistocracy is that the relevant kind of expertise does not exist in politics (either because there are no procedure-independent standards of right or wrong in politics, or because, though such standards exist, no one knows better than anyone else what they require). This skeptical position comes, however, at a significant cost: Without the assumption that some political decisions are better than others, and that some people know better than others what these decisions are, it is difficult to make sense of much of our political practice, including how we criticize politicians and choose among candidates for office. The second answer accepts that there is expertise of the relevant sort in politics. It argues, however, that such expertise does not justify political authority because political justifications are subject to special “acceptability requirements.” Since claims to expertise are normally not acceptable to all qualified (reasonable etc.) points of view, they cannot function as premises in the justification of political authority, and the epistocratic claim fails. Yet as a number of critics have pointed out, this (broadly Rawlsian) strategy faces significant problems: it is at least unclear whether the strategy in fact bars all epistocratic conclusions whether there is any principled way to draw the distinction between qualified and non-qualified points of views on which it depends; and whether principled defenses for it are available and internally consistent. This article outlines a third and previously largely overlooked answer, which resists the epistocratic claim without either denying the existence of expertise in politics or invoking special acceptability requirements for political justifications. The only plausible argument for the epistocratic claim, this article argues, focuses on the compensatory role that the expert’s authority plays in correcting the subject’s relative unreliability or other agential shortcomings. The expert’s authority is thus justified only if the subject, by adopting a policy of obeying the expert’s directives, does not face problems that are very similar to the ones that the expert’s authority was meant to solve in the first place. If, for instance, the subject finds it no easier to reliably identify what the expert’s directives require of him than to reliably assess and act on the reasons with which the expert is meant to help him, then the expert’s directives lack the compensatory value that would justify her authority. But if some widely accepted empirical conjectures about politics in a pluralistic political community are correct, then citizens normally either have no reason to adopt a policy of obeying experts, or the experts with regard to whom they have reason to adopt such a policy differ, so that no expert has the kind of general authority over the polity that we associate with political rule. (We may call this the “non-compensation argument” against epistocracy.) The argument is important both because it helps shed light on the proper relation between authority and expertise in general, and because it shows that we can normally reject the epistocratic claim without adopting either the skeptical or the Rawlsian strategy, thus undercutting whatever support these views derive from the mistaken perception that they are necessary for resisting the threat of epistocracy. Finally, because the anti-epistocratic constraints it introduces apply only to justifications of the subjects’ duty to obey, but not to the existence or activities of political institutions as such, the compensation argument can accommodate our anti-epistocratic intuitions without excluding epistemic considerations from the design of political institutions more generally. (shrink)

Orthodoxy has it that all counterpossibles are vacuously true. Yet there are strong arguments both for and against the use of non-vacuous counterpossibles in metaphysics. Even more compelling evidence may be expected from science. Arguably philosophy should defer to best scientific practice. If scientific practice comes with a commitment to non-vacuous counterpossibles, this may be the decisive reason to reject semantic orthodoxy and accept non-vacuity. I critically examine various examples of the purported scientific use of non-vacuous counterpossibles and argue that (...) they are not convincing. They neither establish that scientific practice comes with a commitment to the non-vacuity of counterpossibles, nor that incurring such a commitment would be useful in scientific practice. I illustrate a variety of counterstrategies on behalf of orthodoxy. (shrink)

This book examines the divine nature in terms of maximal greatness. It investigates each attribute associated with maximal greatness - omnipotence, omniscience, perfect goodness, eternity, and beauty, arguing that maximal greatness is necessary and sufficient for divinity.

The conceptual promise of relational values, theorized as the principles and virtues of human relationships (with other humans and nature), to motivate sustainability may be observed in its rapid uptake in theoretical and policy domains. Both relying on and impacting nature, agriculture has garnered attention among efforts to apply relational values. However, quantitative measures have received little focus in efforts to operationalize relational values. Guided by the assertion that sustainable agriculture is embedded with both relational and instrumental values (i.e., self-interested (...) ends), this study considers theoretical and methodological challenges and offers a pathway to quantitatively measuring relational values within agriculture, focusing specifically on seeds—an agricultural input embedded with plural values. Drawing on 151 survey responses from seed growers in Vermont, this study assesses how relational and instrumental values are reflected among commercial and non-commercial seed growers and are associated with the presence of crop diversity in their farms and gardens. The findings show that those who sell seeds for income have significantly higher relational values, instrumental values, and crop diversity than those who do not sell seeds. Should these findings be confirmed in future studies, potential exists for policy initiatives encouraging market behavior and its governance to express a range of values beyond instrumental ones exclusively. This paper concludes by arguing that all economic exchange is likely embedded with both relational and instrumental values, meaning that policies and programs that activate a range of values will most likely maximize the impacts of the myriad initiatives pursuing sustainable agriculture. (shrink)

Over the years, American colleges and universities have made various efforts to provide prisoners with access to education. However, few of these outreach programs presume that incarcerated men and women can rise to the challenge of a truly rigorous college curriculum. The Bard Prison Initiative is different. _College in Prison_ chronicles how, since 2001, Bard College has provided hundreds of incarcerated men and women across the country access to a high-quality liberal arts education. Earning degrees in subjects ranging from Mandarin (...) to advanced mathematics, graduates have, upon release, gone on to rewarding careers and elite graduate and professional programs. Yet this is more than just a story of exceptional individuals triumphing against the odds. It is a study in how the liberal arts can alter the landscape of some of our most important public institutions giving people from all walks of life a chance to enrich their minds and expand their opportunities. Drawing on fifteen years of experience as a director of and teacher within the Bard Prison Initiative, Daniel Karpowitz tells the story of BPI’s development from a small pilot project to a nationwide network. At the same time, he recounts dramatic scenes from in and around college-in-prison classrooms pinpointing the contested meanings that emerge in moments of highly-charged reading, writing, and public speaking. Through examining the transformative encounter between two characteristically American institutions—the undergraduate college and the modern penitentiary—_College in Prison_ makes a powerful case for why liberal arts education is still vital to the future of democracy in the United States. (shrink)

Abstract:In this essay I examine restrictions on labor as takings of property: a liberty to work is property, and restrictions of that liberty are takings. I set property in one’s labor within a unified framework for all forms of property, understood as a social institution for balancing two freedoms: freedom to act even if it interferes with someone else, and freedom from interference. As such, property includes not only possession but also use and disposition. To restrict use or disposition is (...) to alter those freedoms, which is a taking of property, including property in one’s labor. I understand such takings to be justified insofar as they benefit the persons whose freedoms are altered, taking up the question of when restrictions on use and disposition of labor are to the benefit or the harm of excluded workers. Appreciating that labor is property, and that restrictions on labor are takings, reframes the justificatory burden that restrictions on labor must bear. And where that justification is lacking, this approach reframes the nature of the wrongs that unjustified restrictions perpetrate, especially against the most vulnerable workers. (shrink)