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Who decides? The state or the individual?

 
 
joefromchicago
 
  1  
Reply Sun 15 Oct, 2006 10:42 am
Setanta wrote:
Joe, i decided that Thomas' marriage commission analogy was inapt on the basis of compelling state interest. However, i recognize that analogy is a very effective method of examining an idea. So i am lead to wonder what your specific intent is in this discussion.

Do you intend to only and specifically discuss the negotiations between labor and management? Or, do you intend a general discussion of the bases of contractual agreements between private parties (including, of course, capital, as privately owned companies, partnerships and corporations can be considered individuals in the eyes of the law, can be considered "persons")?

I'm far more interested in the general question of the state's role in making decisions on behalf of (or contrary to) its citizens. The hypothetical about Worker and Boss is just a concrete example used to illustrate this general issue.
0 Replies
 
joefromchicago
 
  1  
Reply Sun 15 Oct, 2006 10:45 am
Thomas wrote:
For one, I don't know that American courts would find that the preservation of (nearly) full employment is a compelling state interest. Sure, it's a legitimate, even an important state interest. But is it a compelling state interest? The kind of interest that would justify race-based classifications? An interest so important the government could sterilize people if necessary to achieve it? I'm not certain enough to rule this out entirely. But my gut instinct tells me that U.S. courts probably wouldn't find full employment "compelling" in this sense. Joe, would you care to venture a guess?

I don't know. My guess is that "full employment" would be considered a state interest, but not a "compelling" one (or, at least, not compelling enough to overcome the fourteenth amendment rights of individuals).
0 Replies
 
Thomas
 
  1  
Reply Sun 15 Oct, 2006 10:55 am
Re: Who decides? The state or the individual?
joefromchicago wrote:
What if the mediator is called "the State?" Any problem with that?

No problem -- as long as Worker and Boss can choose a different mediator, and each can decline to choose any mediator at all.

joefromchicago wrote:
Well, the problem really is whether individuals or the state should make these kinds of economic decisions. I don't think that problem has gone away.

Fair enough -- but I presume you mean "civil institutions or the state". Decisions always come down to individual choices, whether the frameworks individuals make them in are called governments, markets, corporations, charities, or clubs. There are many forms of collective decisionmaking. Only one is called the government: the one holding the monoploy on socially accepted power at any given place.

joefromchicago wrote:
Is the freedom of contract based on it being economically efficient, or is it based on some sort of Lockean "natural right," or is there some other reason that the freedom of contract is so fundamental?

I see it as a special case of the Lockean natural right to liberty. There are arguments for it from economic efficiency too, but they are part of the utilitarian calculus I find boring in the context of the minimum wage. That's why I specified an example where the state can improve economic efficiency by intervening. I didn't want to rig the testcase to support the philosophical conclusion I prefer.

joefromchicago wrote:
I'm not sure what "ambiguity" you're talking about here.

Maybe "ambiguity" was the wrong word. I mean the problem of picking the appropriate "decider" for any given problem, given that both civil and government institutions may decide badly. (I apologize for the Bush quote.)
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talk72000
 
  1  
Reply Sun 15 Oct, 2006 03:14 pm
Basically it boils down to economics. In a broad-based economy there is an optimum level where workers pay would match employers' offerings. But in any local economy such as a state or city it might be less than ideal so one side or the other would have the upper hand. The creation of industry-wide unions and corporate conglomerates and multinations have muddied everything. Computers enables corporation to operate efficiently and grow even larger. The combination of these factors have created an oligarchy. The creation of multi-nations and conglomerates was to escape the power of national industry-wide unions and their attendant environmental and labor laws. Free Trade worsens the high-cost labor unions' position until the low-cost countries begin to develop unions. All of this is like watching grass grow.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 16 Oct, 2006 06:58 am
Re: Who decides? The state or the individual?
Thomas wrote:
No problem -- as long as Worker and Boss can choose a different mediator, and each can decline to choose any mediator at all.

I'm not sure I understand you. If Worker and Boss, as members of a democratic society, have chosen (through their participation in or acquiescence to that society, as Locke and other social contract theorists would contend) the state to be the "mediator" in their contractual dealings, then I don't quite understand how they could choose a different one. After all, it is not up to each citizen to decide whether he or she will be subject to the state's laws.

Thomas wrote:
Fair enough -- but I presume you mean "civil institutions or the state".

Well, I mean "the state" in the sense of the government of the state. I'm not sure if that means "civil institutions of the state."

Thomas wrote:
Maybe "ambiguity" was the wrong word. I mean the problem of picking the appropriate "decider" for any given problem, given that both civil and government institutions may decide badly. (I apologize for the Bush quote.)

As I understand it, libertarians argue that the individual is almost always the appropriate decider. Whether that's because the individual has a liberty right to be the decider or because the individual is better at deciding is, I think, something upon which they have not yet agreed.
0 Replies
 
fishin
 
  1  
Reply Mon 16 Oct, 2006 07:45 am
Re: Who decides? The state or the individual?
joefromchicago wrote:
Thomas wrote:
No problem -- as long as Worker and Boss can choose a different mediator, and each can decline to choose any mediator at all.

I'm not sure I understand you. If Worker and Boss, as members of a democratic society, have chosen (through their participation in or acquiescence to that society, as Locke and other social contract theorists would contend) the state to be the "mediator" in their contractual dealings, then I don't quite understand how they could choose a different one. After all, it is not up to each citizen to decide whether he or she will be subject to the state's laws.


*I think* what Thomas was alluding to was that the state, by virtue of lawmaking, isn't acting as a mediator.

Here in MA we have a government agency that IS a true mediator. They deal with renter/landlord disputes only but... they don't make "laws" or "rules". If there is a dispute either or both parties can contact them and, if both parties agree they will mediate the dispute. While they reference the applicable laws in thier decisions the decision is binding only on the single dispute. It doesn't apply to any other on-going or future dispute. (The NLRB has a similar service for disputes between employers/unions too.)

Calling lawmaking "mediation" is bending the concept to extremes. Once a law is created it applies to everyone within the jurisdiction whether they have a dispute or not and can actually force people to amend a previous agreement that both parties were satisfied with. In effect, if one condsidered lawmaking mediation and the freedom to contract as a basic right then the creation of a law to mediate one dispute would likely violate the rights of numerous other people.

Politicians who sit in our legislative bodies are not neutral 3rd party actors who settle each dispute on it's individual merits. They are elected because of their preconceived views (their campaign platforms and pledges) and cast their votes for or against legislation based on their view (or those of the special interests that control them) for their idea of "the general welfare" as opposed to the welfare of the specific parties with the dispute.
0 Replies
 
Thomas
 
  1  
Reply Mon 16 Oct, 2006 08:13 am
Re: Who decides? The state or the individual?
joefromchicago wrote:
Thomas wrote:
No problem -- as long as Worker and Boss can choose a different mediator, and each can decline to choose any mediator at all.

I'm not sure I understand you. If Worker and Boss, as members of a democratic society, have chosen (through their participation in or acquiescence to that society, as Locke and other social contract theorists would contend) the state to be the "mediator" in their contractual dealings, then I don't quite understand how they could choose a different one.

I disagree with your premise: Just because Worker and Boss have chosen to join a political society, that doesn't mean they have chosen the state as the arbitrator of their disputes. They have merely chosen it as the protector of their lives, their liberty and their property. Individuals don't leave their natural rights at the door when they enter society. Neither Worker nor Boss, in particular, has relinquished his natural right to freedom of contract when they did that. On the contrary: if government becomes destructive of either Worker's or Boss's freedom of contract, it is their right to alter or abolish it.

joefromchicago wrote:
After all, it is not up to each citizen to decide whether he or she will be subject to the state's laws.

No -- but according to Locke, they may not use government to restrict each other's rights any more than is striclty necessary for their self-preservation.
    "A man, as has been proved, cannot subject himself to the arbitrary power of another; and having in the state of nature no arbitrary power over the life, liberty, or possession of another, but only so much as the law of nature gave him for the preservation of himself, and the rest of mankind; this is all he doth, or can give up to the common-wealth, and by it to the legislative power, so that the legislative can have no more than this. Their power, in the utmost bounds of it, is limited to the public good of the society. It is a power, that hath no other end but preservation, and therefore can never have a right to destroy, enslave, or designedly to impoverish the subjects." ([i]Second Treatise[/i], [url=http://oregonstate.edu/instruct/phl302/texts/locke/locke2/locke2nd-c.html#Sect.%20135.]Section 135[/url].)

Hence, if boss hires a private army to kill Worker for striking -- as has happened in the Gilded Age from time to time -- Worker can make the legislature enact laws to prohibit this, of course. If Worker is literally starving because Boss declines to hire him, or because he pays him a wage below the subsistence level, the state can tax Boss and give the proceeds to Worker. This entitlement reaches its limit at the point where Worker is no longer starving. But as soon as Boss pays Worker anything more than a starvation wage, Worker's legitimate interest in a higher wage fails Hobbes's "neccecary for self-preservation" test. Beyond that point, the government may no longer pass laws that by design impoverish Boss. The state may morally disapprove of the wage Boss is paying; it may shun Boss and decline to buy his services as a contractor. But it may no longer force Boss at gun-point, with prison sentences, or with fines, to pay a higher wage to Worker.

joefromchicag wrote:
Thomas wrote:
Fair enough -- but I presume you mean "civil institutions or the state".

Well, I mean "the state" in the sense of the government of the state. I'm not sure if that means "civil institutions of the state."

I said "civil institutions or the state", not "of"

joefromchicago wrote:
Thomas wrote:
Maybe "ambiguity" was the wrong word. I mean the problem of picking the appropriate "decider" for any given problem, given that both civil and government institutions may decide badly. (I apologize for the Bush quote.)

As I understand it, libertarians argue that the individual is almost always the appropriate decider. Whether that's because the individual has a liberty right to be the decider or because the individual is better at deciding is, I think, something upon which they have not yet agreed.

That's fair statement -- apart from the minor quibble that both arguments may be valid, so there may be nothing for libertarians to agree on. Anyway, my question was what your decision would be, and how you would reach it.
0 Replies
 
Thomas
 
  1  
Reply Mon 16 Oct, 2006 08:30 am
Re: Who decides? The state or the individual?
fishin wrote:
*I think* what Thomas was alluding to was that the state, by virtue of lawmaking, isn't acting as a mediator.

Exactly.

fishin wrote:
Here in MA we have a government agency that IS a true mediator. They deal with renter/landlord disputes only but... they don't make "laws" or "rules". If there is a dispute either or both parties can contact them and, if both parties agree they will mnediate the dispute. While they reference the applicable laws in thier decisions the decision is binding only on the single dispute. It doens't apply to any other on-going or future dispute. (The NLRB has a similar service for disputes between employers/unions too.)

Thanks, fishin. That's a perfect example for the kind of arrangement I approve of. I would disapprove of the arrangement if Massachusetts made it illegal for Landlord and Tenant to settle their dispute through a Better Business Bureau instead.
0 Replies
 
jpinMilwaukee
 
  1  
Reply Mon 16 Oct, 2006 08:46 am
Setanta wrote:

Our friend JP from Wisconsin has written this:

Quote:
When the price of labor goes up, the prices go up. Those that benefited from the minimum wage increase, gain little or nothing because prices also increase. Those that did not benefit from a minimum wage increase (let's say they are already making $10 an hour when minimum wage was increased to $8) actually lose buying power. Their wages stay the same, but are now paying more for commodities.

I think there is a false assumption among some minimum wage advocates that the increase of wages comes out of the pockets of the business. In reality the business still get theirs and simply passes on the increase to the consumers.


This represents some simplistic and rather naive notions of how consumer economies work.


I'll give you simple... but certainly not naive.

Setanta wrote:
Implementing a minimum wage does not necessarily make the cost of consumer goods increase across the board and without exception--that ignores not only cheaper foreign imports (consider how many American businesses have moved their operations overseas since the Reagan era to take advantage of lower wage labor forces and less onerous employment conditions standards), but it also ignores that there are a host of means by which capital can compete effectively other than keeping down labor costs.


First, how does lower foreign labor help reduce costs, if expensive domestic labor does not mean increased costs? That doesn't make any sesne. Either labor costs matter in which case higher labor costs would increase prices and reduced labor costs would lower prices, or, they don't matter at all in which case it wouldn't matter if you were using higher domestic labor or lower foreign labor.

Second, how is this good for the people you are trying to help by increasing the minimum wage? Instead of having a job with lower pay then you would want to see, now they have no job because manufacturing has been moved overseas to use cheaper foreign labor.

Of course I do agree with you that increased labor costs do not automatically mean an increase in prices... which we'll get into a bit more below.


Setanta wrote:
One obvious means is economies of scale. If you are manufacturing whozits, and you need 5,000 widgets a month to produce them, you can use the power of capital to not only reduce your costs, but increase your volume. If, instead of buying 5,000 widgets a month, you use your capital (or borrow some) to purchase 60,000 widgets at the beginning of the year, you can get a cost reduction on the production of whozits without needing lower labor costs. Not only can this help your bottom line, but you can put a portion of the increase of profit from the reduction of costs into a reduction of the price to the consumer, and beat the competition with volume sales, which can mean that you actually make more money by reducing the price to the end-user.


Not only does this not have to do with increased labor costs, but it makes assumptions that I find rather simplistic and naive. The first assumption is that the company is not already doing this. What if your ficticious whozits company was already buying widgets for the year, thereby reducing their costs, and then they get hit with a minimum wage increase? They are going to either have to cut costs more, or increase prices.

Now there are certainly ways to cut more costs. You can increase efficiency. Either train your workforce better so you can produce the same amount with less people, or produce more with the same amount of people. Either scenario is an overall decrease in jobs, however. You are either not cutting jobs to save money, or not adding any in situations where you normally would. You can also automate your production. This of course, also reduces jobs by replacing them with machines. Or, you can cut benefits. All of these are cost saving ideas... and all of them are neccesary due to the increase of labor costs. And most of them do not help out the worker.

Setanta wrote:
Vested interests also help. If you think your outlay for widgets is too high, and you have (or can borrow) sufficient capital, you can start operations to manufacture widgets yourself, and again reduce the costs of the whozits you sell, and increase your volume by undercutting the price charged by the competition.


Certainly. Of course you need sufficient credit/capitol in order to do this. Many small and medium companies have neither the capitol nor desire to get into manufacturing a second product... and even if they did, they still have to deal with the increased labor costs that they are paying the new widget manufacturing division.

Many people on this board love to bitch about Walmart (and other large corporations) due to the fact that they put small mom and pop business out of business. These are the exact sort of cost saving strategies that gives Walmart the price advantage over smaller sized companies. Walmart has more capitol and more ways of implementing these stragegies then smaller sized companies. Why? Well because they are dealing in volume just as you are advocating.

Now I'm all for the free market and letting the better company win, but had labor costs not increased, the small to mid-sized companies would have more capitol available in order to expand their operations. This would not only create more jobs (instead of shipping them overseas) but would also help slow the rate of inflation by giving the manufacturer low labor and cost cutting strategies that would allow them to keep their prices lower, longer and enabling them to compete with the Walmart types.
This is good for all of us... not just the few on the bottom that are now making a couple of bucks more.

Setanta wrote:
Cutting managerial dead wood can help, as well. Many corporations expend incredibly extravagent amounts on management, and as often as not, because the members of the board feel no empathy for labor, but recognize management as members of the same "club." When Lee Iacoca convinced Chrysler workers to accept a pay cut to help keep the company afloat, he got more than $11,000,000 in compensation that same year, and that without consideration of stock options available to him. Now, one could allege that his superior skills as a manager made it worth the price--however, i would be unconvinced, and suggest that just about any new broom could have swept as clean, and at a fraction of that bill.


I'm all for this. I live in middle management hell and see everyday the waste that my company hemorrhages. Yet, here again, you are arguing that increases minimum wages doesn't effect prices and then stating that a way to cut costs and keep prices low is to get rid of high paid managers. How do managers salary effect prices but the hourly employees don't?

Setanta wrote:
Effective control of packaging and marketing costs can help a great deal, as well. What are known in the United States as generics offer products of equivalent or near equivalent quality at a much reduced price because the cost of expensive packaging, marketing and advertising is removed from the product price. Once again, that is a situation in which volume sales can mean that you can actually make more money by offering products at a lower price, but selling in volume.


The market decides this and much of it deals with the innovations and cost cutting techniques we have already discussed. Sure you can produce cheap generic automated products, but there is a market for expensive, brand named goods. Of course you still have to compete with other brand names (as well as the generic), so labor costs are still an issue for the companies that want to produce more expensive goods.

Setanta wrote:
The bottom line in consumer society economics is volume sales. Ceratinly, advertising and marketing can help convince the population that they need $300 running shoes. But the guy who sells you $20 Chinese-made sneakers will beat you to death on volume, and probably join your country club--and if he has the price of admission, he'll be just as welcome there.


I don't disagree with any of the cost cutting measures you are advocating. But to do them in response to forcibly increased labor costs is like taking one step backward, one step forward and calling it progress. If employers could instead keep the costs of labor low and enact all of these measures, then they would have more control over how they price their products. The market could then decide which Whozit manufacturer to buy from based on quality and price relations.
0 Replies
 
Thomas
 
  1  
Reply Mon 16 Oct, 2006 08:56 am
jpinMilwaukee wrote:
I'll give you simple... but certainly not naive.

Because my politics are closer to yours than to Setanta's on this issue, it is unfortunate for me to tell you that Setanta is right. The standard economic argument against minimum wages is that they price some previously employable workers out of the job market altogether. No economics 101 textbook will tell you minimum wages will increase consumer prices. Rather, as Milton Friedman will tell you, consumer prices are always a monetary phenomenon. If the Feds print too many dollars, inflation rises. If they don't it doesn't. Either way, minimum wages have barely anything to do with consumer prices.
0 Replies
 
jpinMilwaukee
 
  1  
Reply Mon 16 Oct, 2006 09:04 am
Thomas wrote:
Either way, minimum wages have barely anything to do with consumer prices.


If, in Set's fictional company, the price of whozits went up (or the cost of rent or energy or insurance), would that effect the price of the widgets that are produced? If so, why would an increase in labor cost be any different?
0 Replies
 
Setanta
 
  1  
Reply Mon 16 Oct, 2006 09:12 am
Prices in a competitive market are determined by what the market will bear more than by what the product will cost to produce. If you jack your prices because of incremental increases in your costs, you run a real risk of losing market share to those willing to sell on margin, and undercut your price in order to profit from volume sales.

Your contention breaks down on many other bases, as well. Minimum wage workers usually work in service industry jobs--fry station at the burger joint or nightclerk at the convenience store--and are rarely if ever represented in manufacturing or assembly. Even if they were, the proportion of minimum wage workers in the total workforce invalidates the rather simplistic mathematics you used. If only ten percent of all workers are receiving minimum wage, and increase of $2.00/hour in the minimum wage actually only represents an increase of 20 cents/hour in the average wage paid. If such a workers are producing several items in an hour, the cost increase represents pennies in the price of the item produced.
0 Replies
 
Thomas
 
  1  
Reply Mon 16 Oct, 2006 09:17 am
jpinMilwaukee wrote:
Thomas wrote:
Either way, minimum wages have barely anything to do with consumer prices.


If, in Set's fictional company, the price of whozits went up (or the cost of rent or energy or insurance), would that effect the price of the widgets that are produced? If so, why would an increase in labor cost be any different?

If it's only Set's company, the end result of raising the minimum wage would be a combination of higher widget prices, higher whozit wages, lower profits for Mr. Widgetmaker, and disemployment of all previously employable workers whm Mr. Widgetmaker declines to hire at the increased wage. In the aggregate, that gets you two effects working against each other: On the one hand, higher prices and higher wages will increase inflation (as you correctly say). But on the on the other hand, lower profits and higher unemployment will decrease inflation. The two effects cancel out; minimum wages laws have practically no impact on inflation.

And with that, I terminate my relapse into utilitarianism and get back on my natural rights wagon.
0 Replies
 
jpinMilwaukee
 
  1  
Reply Mon 16 Oct, 2006 09:26 am
You are the one that used a mnaufacturing example. If this isn't a sufficient example why did you use it?

Of course the prices are determined by what the market pays for an item. But if there are state or federal regulations on minimum wage, then that increase is seen across the board... not in just one company that is suddenly forced to increase prices. As you stated, in the service industries, minimum wage workers are a much higher percentage of employees than the 10% that you use. The stores that hire large numbers of minimum wage employees will be impacted much greater.
0 Replies
 
jpinMilwaukee
 
  1  
Reply Mon 16 Oct, 2006 09:27 am
that was in response to Set... not Thomas.
0 Replies
 
jpinMilwaukee
 
  1  
Reply Mon 16 Oct, 2006 09:56 am
Thomas wrote:
[The two effects cancel out


Is it a zero sum effect?

What if instead of laying off employees or reducing profit margin, they simply increased prices to levels that the market still supports and allows profit to stay high and unemployment low?
0 Replies
 
Setanta
 
  1  
Reply Mon 16 Oct, 2006 10:42 am
It seems not to sink in with you JP, that competition is the significant factor in price setting. It ought to be obvious that retailers will charge a price consistent with what the market will bear, but they are also constrained by competition. If a company raises its prices too much, there will always be someone waiting in the wings to undercut them in the attempt to steal their market share. It would not be necessary to raise prices, cut employment or accept an ultimate reduction in the profit margin. If someone maintains their price while others raise theirs, or reduces their price, the profit on the unit sale would be reduced, but if they succeed in increasing their volume of units sold, then their overall profit would increase.

Even in situations in which a company were not able to significantly increase volume in order to make up for reduced profits, there is no principle carved in stone which states that they must earn any specific profit--sometimes you just have to tell the shareholders that the dividend paid this year will be less than previous years, or that there will be no dividend paid this year. You continue to attempt to reduce this to a simple equation when the equations of supply and demand, what the market will bear, economies of scale and volume sales are complex relationships.

Even your appeal to the higher proportion of minimum wage workers in the service industries or fast food is bootless. If i am running a burger joint with five minimum wage employees in the lunch rush, and the minimum wage rises by $2.00/hour, that $10/hour additional cost is still spread across the unit cost. If i sell 100 burgers/hour in the lunch rush, then that's only 10 cents per burger. I don't dare raise my prices to recoup that "loss" (and as long as i'm making a profit, it's not actually a loss) if the burger joint down the road is still charging the old price.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 16 Oct, 2006 11:10 am
Re: Who decides? The state or the individual?
fishin wrote:
Calling lawmaking "mediation" is bending the concept to extremes.

Well, let's not get too caught up in the nomenclature. I only chose the term "mediator" because I couldn't think of a better term for something that inserts itself in media res in a contract negotiation. I could have called it an "intervenor" just as easily.

fishin wrote:
Once a law is created it applies to everyone within the jurisdiction whether they have a dispute or not and can actually force people to amend a previous agreement that both parties were satisfied with. In effect, if one condsidered lawmaking mediation and the freedom to contract as a basic right then the creation of a law to mediate one dispute would likely violate the rights of numerous other people.

We have laws right now that limit one's ability to contract. Are those laws impermissible infringements on the liberty to contract?

fishin wrote:
Politicians who sit in our legislative bodies are not neutral 3rd party actors who settle each dispute on it's individual merits. They are elected because of their preconceived views (their campaign platforms and pledges) and cast their votes for or against legislation based on their view (or those of the special interests that control them) for their idea of "the general welfare" as opposed to the welfare of the specific parties with the dispute.

The motives or abilities of individual legislators are immaterial to the issue at hand.
0 Replies
 
jpinMilwaukee
 
  1  
Reply Mon 16 Oct, 2006 11:25 am
Setanta wrote:
It seems not to sink in with you JP, that competition is the significant factor in price setting. It ought to be obvious that retailers will charge a price consistent with what the market will bear, but they are also constrained by competition.


No it isn't sinking in with me, because I don't think it is accurate. I am fully aware that prices are set by the market, but I am not foolish enough to think that the costs to produce that service or commodity do not factor in as well. A business can not continue to produce a commodity or service if their costs are more than their selling point. While that does mean that there is no demand for their product at the price they set, a lower cost of producing that service or commodity may enable them to lower their cost to a level in which there is a demand.

Setanta wrote:
Even your appeal to the higher proportion of minimum wage workers in the service industries or fast food is bootless. If i am running a burger joint with five minimum wage employees in the lunch rush, and the minimum wage rises by $2.00/hour, that $10/hour additional cost is still spread across the unit cost. If i sell 100 burgers/hour in the lunch rush, then that's only 10 cents per burger. I don't dare raise my prices to recoup that "loss" (and as long as i'm making a profit, it's not actually a loss) if the burger joint down the road is still charging the old price.


So why do people raise prices then? There are a million different places I could go get a burger for lunch. Demand is high, but so is supply. Yet every restaurant I know is selling burgers for a higher price today than 15 years ago. I'm not suggesting this is based soley on the fact that minimum wages have increased, but labor costs do factor into the bottom line of the company. The more you are paying for labor/beef/buns/ketchup, the less you are able to lower or keep your prices low in a competitive market.
0 Replies
 
joefromchicago
 
  1  
Reply Mon 16 Oct, 2006 11:31 am
Re: Who decides? The state or the individual?
Thomas wrote:
I disagree with your premise: Just because Worker and Boss have chosen to join a political society, that doesn't mean they have chosen the state as the arbitrator of their disputes. They have merely chosen it as the protector of their lives, their liberty and their property.

But, in my example, they did choose the state to act as their "mediator." Furthermore, even if neither explicitly chose the state to act as the "mediator," they both "chose" (in a Lockean fashion) to abide by the decisions of the state.

Thomas wrote:
Individuals don't leave their natural rights at the door when they enter society. Neither Worker nor Boss, in particular, has relinquished his natural right to freedom of contract when they did that. On the contrary: if government becomes destructive of either Worker's or Boss's freedom of contract, it is their right to alter or abolish it.

Does every limitation on the freedom to contract destroy that freedom? For instance, suppose that, instead of negotiating a labor contract, Boss and Worker are negotiating the terms of a contract for Worker to kill Boss's wife. Is a law that prohibits such contracts destructive of either Boss's or Worker's freedom to contract?

Thomas wrote:
No -- but according to Locke, they may not use government to restrict each other's rights any more than is striclty necessary for their self-preservation.

It's getting harder and harder for me to figure out your philosophical position, Thomas. You claimed elsewhere that you are a utilitarian, but here you adhere to a Lockean natural rights position. Now, it's true that, in the end, natural rights advocates and utilitarians often end up in the same place, but they get there by radically different paths. The two are fundamentally irreconcilable, and so adhering to both is not an option. One simply cannot be a natural rights utilitarian, any more than one can be a Christian atheist.

Thomas wrote:
Hence, if boss hires a private army to kill Worker for striking -- as has happened in the Gilded Age from time to time -- Worker can make the legislature enact laws to prohibit this, of course. If Worker is literally starving because Boss declines to hire him, or because he pays him a wage below the subsistence level, the state can tax Boss and give the proceeds to Worker. This entitlement reaches its limit at the point where Worker is no longer starving. But as soon as Boss pays Worker anything more than a starvation wage, Worker's legitimate interest in a higher wage fails Hobbes's "neccecary for self-preservation" test. Beyond that point, the government may no longer pass laws that by design impoverish Boss. The state may morally disapprove of the wage Boss is paying; it may shun Boss and decline to buy his services as a contractor. But it may no longer force Boss at gun-point, with prison sentences, or with fines, to pay a higher wage to Worker.

Well, as you've mentioned before, Boss always has the option of not hiring Worker under any conditions, but then Boss also has the option of not getting into business in the first place. If he, nevertheless, decides to operate a business, and thus take advantage of the state's protections that permit him to remain in business, why is it improper for the state to expect Boss to adhere to certain standards that advance the state's interests as well?

Thomas wrote:
That's fair statement -- apart from the minor quibble that both arguments may be valid, so there may be nothing for libertarians to agree on. Anyway, my question was what your decision would be, and how you would reach it.

Both arguments may be valid, but the libertarian cannot rely on both of them as the basis for justification. As I mentioned above, one cannot consistently be both a natural rights libertarian and a utilitarian.
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