I’m aware of the standard line.
De facto responsibility can’t be transferred from the employees solely to the employer to match the legal responsibility assignment in the employer-employee contract. A thought experiment showing this is to consider an employer and employee cooperating to commit a crime. The employee can’t argue that they sold their labor, and are not responsible. The law correctly applies the principle of legal and de facto responsibility matching. Both are criminous
Responsibility is an inescapable part of human existence. Each individual must be accountable for their actions, regardless of the roles they play within a larger organisation. The idea that an employee can absolve themselves of responsibility by claiming they merely sold their labor is a dangerous fallacy. It undermines the very essence of individual autonomy and moral agency.
Consider the case of an employer and an employee conspiring to commit a crime. Both parties are making conscious choices, and thus, both bear the responsibility for those choices. Attempting to transfer blame entirely to the employer is not only logically flawed but morally indefensible. The employee, in choosing to participate in the crime, exercises their own judgment and will, and must face the consequences of those actions.
The law rightly reflects this reality by holding both the employer and the employee accountable. This alignment of legal responsibility with de facto responsibility is essential for a just and moral society. Each person must recognize and accept their own role in their actions and the inherent responsibilities that come with it. To do otherwise is to deny one’s own humanity and the ethical duty to live as a rational, self-determined being.
Thank you for making my argument for me. Now, what morally relevantly changes when workers cooperate to produce a widget on behalf of the employer instead of committing crimes for the employer? Do they become non-conscious non-responsible robots? No.
Legal responsibility matching de facto responsibility implies that all firms should be mandated to be worker coops, and rules out employer-employee contracts. In worker coops, the workers are jointly legally responsible for the results
The notion that legal responsibility should align with de facto responsibility and thereby necessitate that all firms operate as worker cooperatives, banning employer-employee contracts, is an egregious affront to the principles of individual rights and freedom. This proposition assumes a collectivist paradigm where the individual’s agency and sovereignty are subsumed under the collective will of the group.
In the moral universe that respects individual liberty, each person has the right to enter into contracts of their own volition. The employer-employee relationship is one such contract, where each party consents to specific terms for mutual benefit. To mandate that all firms must function as worker cooperatives is to obliterate the sanctity of voluntary association, replacing it with a coerced collectivism that is antithetical to the very essence of a free society.
Worker cooperatives may be suitable for some, but to impose this structure universally disregards the diverse needs and aspirations of individuals. It denies the entrepreneur the right to create and lead a venture according to their vision, and it strips employees of the choice to enter into employment agreements that they find advantageous.
Legal responsibility should indeed align with de facto responsibility, but this alignment must be rooted in the acknowledgment of individual rights and the freedom to choose. Forcing all firms to become worker cooperatives would destroy the foundation of capitalism—the system that recognises and protects individual rights, allowing for innovation, productivity, and human flourishing.
