Monday, March 26, 2007
Anne Marie Lofaso (a new faculty member at West Virginia and former attorney at the NLRB's Supreme Court and Appellate Court Branches), has just posted on SSRN her new article, Toward a Foundational Theory of Workers' Rights: The Autonomous Dignified Worker. Here's the abstract:
This article suggests an initial step toward grounding workplace laws in rights-based theory. Accepting that a legal right is nothing more than a reflection of the value attached by the political system to sundry, often conflicting, interests, I argue that American labor and employment law reflects the quintessential values of a free market economy, most notably efficiency, wealth maximization by rational decision-makers, and autonomy defined as freedom from coercion. Free market values tend to underlie several policies that favor individual over collective bargaining, employment at-will and strong management prerogatives, a dual labor market, and a welfare system with minimal wealth redistribution. Those policies favor the liberty and property rights of the owners of capital while tending to inflict harm on workers. Starting with Raz's conception of personal autonomy — becoming part author of one's life — and Dworkin's conception of dignity — promoting each person as having equal moral worth — I try to build a place for workers' legal rights based on the autonomous dignified worker. From there, I present a social action program to show how modest changes in the law would return the autonomous dignified worker to work.
I read a draft of this article, and it's really quite interesting and original--definitely worth taking a look at.