This article presents the promising framework for educational decision makers developed by Brighouse, Ladd, Loeb, and Swift (BLLS). The framework consists of an account of the educational goods, distributional principles and independent values at stake in education, and a method for making policy decisions on the basis of these and solid social science. I present three criticisms of this approach. The first says that the derivation of educational goods proceeds on the basis of a too narrow conception of values. I suggest that this foundation should consist of an overlapping consensus, rather than flourishing. The second criticism has to do with the way that the distributive principles are characterized. I argue that BLLS's characterization of distributive principles should be complemented with accounts of what domains of social life these principles regulate and a specification of whether the distributive principles should be understood as applying over time or at specific instances. The final criticism is that BLLS's conception of independent values focuses solely on values that constrain the pursuit of educational goods. I claim that this part of the framework should be revised to include aspects of values that also support this pursuit. I conclude arguing that the BLLS frameworks should be further developed rather than rejected.
ABSTRACT:This article provides a normative justification for unions. It discusses three arguments. The argument from consent justifies unions in some circumstances, but if the employer prefers to not bargain with unions, it may provide very little justification. The argument from contestability takes as its starting point the fact that employment contracts are incomplete contracts, where authority takes the place of complete contractual terms. This theory of contracts implies that consent to authority has been given under ignorance, and, therefore, that authority cannot be justified by consent. Contestability is a mechanism that can handle this problem for consent theory. It demands transparency, channels for voice, and a forum where contestations can be evaluated. This idea can be implemented in firms in different ways, but the argument from the separation of powers implies that unions are uniquely suited to implement contestability, since they are organized outside of the employer’s domain of authority.
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