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Articles 1 - 3 of 3
Full-Text Articles in Inequality and Stratification
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Justin Schwartz
Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …
Ain’T I A Woman, Too?: The Thirteenth Amendment, In Defense Of Incarcerated Women’S Reproductive Rights, Alexandria Gutierrez
Ain’T I A Woman, Too?: The Thirteenth Amendment, In Defense Of Incarcerated Women’S Reproductive Rights, Alexandria Gutierrez
Alexandria Gutierrez
In her memoir, Harriet Ann Jacobs highlights the unique impact slavery had on women. The physical dominion imposed upon female slaves included both internal and external bodily control. Beyond sexual exploitation, the bodies of female slaves were used for a type of labor for which their male counterparts were not capable: reproduction. Forced pregnancy in the slavery context was a tragic and violative experience affecting women physically, psychologically, and emotionally. Long after the ratification of the Thirteenth Amendment, slavery-like practices lived on through social, political, and economic mechanisms. In the penological context, peonage laws, penal plantations, and chain gangs were …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …