This article examines the ethical issues raised by the pricing of priceless goods. Priceless goods are defined as ones that are widely held to have some special non-market value that makes them unsuited for buying and selling. One subset of priceless goods isprescription drugs—particularly life-saving and life-enhancing ones. Drug makers are under pressure to price their medicines responsibly, which means to restrain their prices (and profits). However, this article argues that it is precisely because life-saving and life-enhancing medicines are priceless (...) that it is especially urgent to leave companies free to charge market prices for them. (shrink)

In the canonical view of the corporation, management is the agent of the owners of the corporation-the stockholders-and, as such, has a fiduciary duty to manage the corporation in their best interests. Most business ethicists condemn this arrangement as morally indefensible because it fails to respect the right of other corporate constituencies or “stakeholders” to self-deterrnination. By contrast, the modern agency theory of the firm provides a defense of this arrangement on the grounds that it is the result of stakeholders’ (...) right to self-determination. This paper uses the exarnple of managers’ fiduciary duty to stockholders to argue that different normative judgrnents often mask empirical disagreements. (shrink)

Moralists tend to have a low opinion of self-interest. It is seen as force that has to be controlled or transcended. This essay tries to get beyond the bifurcation of human motivations into self-interest (which is seen as vicious or non-moral) and concern for others (which is virtuous). It argues that there are some surprising affinities between self-interest and morality. Notably the principal force that checks self-interest is self-interest itself. Consequently, self-interest often coincides with and reinforces the commands of morality (...) and promotes civility and consideration for others. Therefore it provides us with resources for constructing a more humane and civil society. (shrink)

Can we achieve greater fairness by reforming the corporation? Some recent progressive critics of the corporation arguethat we can achieve greater social justice both inside and outside the corporation by simply rewriting or reinterpreting corporate rulesto favor non-stockholders over stockholders. But the progressive program for reforming the corporation rests on a critical assumption,which I challenge in this essay, namely that the rules of the corporation matter, so that changing them can effect a lasting redistribution of wealth from stockholders to non-stockholders. (...) This essay uses a critique of the progressive reform program to argue that the rules ofthe corporation are distributively neutral. The corporation isn't rigged against non-stockholders, and changing its rules will not improve the bargaining power of non-stockholders. However, while the rules may be epiphenomenal from the standpoint of distributive justice, they can have substantial impacts on the corporation's efficiency. As a result, the proposed reforms may hurt the corporation's capacity to generate benefits for all the parties concerned. (shrink)

This paper examines recent communitarian writing about the market. Much of this work explains the loss of community in our times as a result of the expansion of the market and market values. As the market has invaded other domains, such as family andneighborhood, relationships there have become infected by the instability and transience that characterize market relations. Centralto this critique of the market is the view that the market is unable to sustain lasting commitments. This paper tests this hypothesis (...) byexamining the fate of the family—the paradigmatic case of commitment—in three separate historical periods when market orcommercial values were especially dominant. It then extends the analysis to two other component institutions of community—voluntaryand charitable activities. Finally, it examines institutions where so-called market values should presumably hold unchallenged sway,namely in the work place and the marketplace. The paper finds that communitarian values appear to thrive in market society. Instead ofbeing a juggernaut the market may be an endangered species. (shrink)

What are international codes of conduct for? The broad support for such codes masks fundamental differences about their purpose. Corporations see codes of conduct as regimes for regulating their relations with their suppliers in developing countries and—not least—to counter negative publicity. For labor and human rights activists, on the other hand, codes of conduct are levers for forcing positive change in global labor and environmental standards. Here I consider two areas typically covered by codes of conduct—wages and child labor—and identify (...) some of the dangers of using codes to force change. If low wages or child labor are the result of poverty, and can’t be fixed by enlightened corporate policies, then codes will at best leave the underlying problems untouched and at worst will aggravate them. I conclude that we should be cautious about using codes to force higher standards. (shrink)

There is a growing literature that attempts to define the substantive rights of employees in the workplace, a.k.a. the duties of employers toward their employees. Following Nozick, this article argues that — so long as there is a competitive labor market — to set up a class of moral rights in the workplace invades workers' rights to freely choose the terms and conditions of employment they judge best.