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Occupational Safety And Paternalism: Machan Revisited, Earl W. Spurgin

Philosophy

In 1987, Machan provided a libertarian case against the right to occupational safety. Since before Machan’s essay appeared, many business ethicists and legal scholars have given considerable attention to the overall position Machan endorses: the acceptance of employment at will and the rejection of employee rights. No one yet has given adequate attention, however, to the fact that Machan’s argument against the right to occupational safety actually stands or falls independently of his overall position on employee rights. His argument ultimately rests on two values: the promotion of employee interests and anti-paternalism. Insofar as those who support the right to …