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Justice - Lecture 9

Lecture 9 - Liberty and Labor Market Regulation

- Why does the Lochner Court think it is illegitimate for the state to regulate labor markets in order to redress inequalities of bargaining power between employers and employees? Are there such inequalities? What are the implications of those inequalities for wages and working conditions?
- Is it paternalistic for the legislature to try to correct for inequalities of bargaining power? Do such regulations make workers "wards of the state?" (Is it paternalistic to protect a person from physical assault?)
- Are minimum wage laws or workplace health and safety regulations objectionably paternalistic?
- Does Nozick's libertarian philosophy echo the reasoning in Lochner and Coppage?

Prof. Joshua Cohen
17.01J / 24.04J Justice
(Massachusetts Institute of Technology: MIT OpenCourseWare)
Date accessed: 2008-12-28
License: Creative Commons BY-NC-SA

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