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There is an ongoing debate over the moral limits of the market. Many participants endorse the plausible idea that a market’s moral status depends, at least in part, on its consequences. For example, Satz holds that markets whose operation undermines citizens’ ability to interact as equals are bad. And Brennan and Jaworski maintain that markets trading in any good or service permissibly possessed may be arranged to operate without bad consequences. This plausible normative claim about markets depends on a descriptive one. Namely, that individual markets have descriptive properties which would provide a suitable basis for their consequentialist evaluation. This descriptive claim, I argue, is false. Markets’ consequences are a joint production. There is no principled means by which the consequences of one may be distinguished from those of another. Thus, the plausible idea is false. A market’s moral status cannot depend on its consequences.
This paper argues that commodification of housing plays a key role in the reproduction of social and economic relations and contributes to debates by, firstly, recognising modern slavery as a fundamental intersection of economic and social vulnerability intimately connected to experiences of housing. Secondly, rather than understanding modern slavery in terms of exclusion, it should be understood as a form of adverse incorporation in the labour market and housing. Awareness, therefore, of critical realism as an analytical framework usefully takes debates beyond exploring relations between housing supply and housing experience to also include political economy and ideology. From this broader ontology of housing, it is possible to emphasise housing within reproduction of social and economic relations and consider ways in which this relates to modern slavery.
This state-of-the-art paper begins to unpack the concept of a housing crisis. Whilst it may be a useful starting point in recognising the presence of problems within UK housing provision and allocation, its generic and umbrella coverage papers over the diversity of experiences. Similarly, as a concept it neither suggests the causes of the crisis nor possible solutions. With this in mind, this paper explores commodification within housing and uses this to recognise that our relationship to housing and our relationship to the crisis, can be shaped by our relationship to capital. However, the paper takes this further by arguing that the presence of vulnerability should also be borne in mind when considering commodification, where vulnerability includes experiences of discrimination, mental health, and legal status.
Over the last century seed systems have undergone a process of commercialization, resulting in the transformation of seed from a common good into a commodity. Countries such as the United States are dominated by the private seed industry, which has succeeded in reducing crop diversity and increasing farmer dependency on commodity seed (i.e., seed that is bought and sold) through such mechanisms as seed hybridization, intellectual property protections, and the proliferation of genetically engineered crop varieties. Commodity seed has become necessary to support food production, but concurrently has created a positive feedback loop that solidifies corporate control within the seed industry while concurrently disincentivizing traditional agricultural practices such as seed saving. In contestation, growers nationally and globally have called for change both within and outside of market structures – advocating for the revalorization of the vast array of social, cultural, and environmental benefits that seeds have that are not being properly protected by those with the most power in the seed industry. Using insight from 31 semi-structured interviews with growers involved in Vermont's farmer seed systems, this study elucidates some of the non-commodity values that growers hold for the seeds they source from both non-commercial and commercial sources. Our results highlight how growers appreciate such non-commodity values as provenance and diversity and are working to provide a social and environmental safeguard for seeds through seed saving. At the same time, many growers also acknowledge the convenience and modern necessity of commodity seed, highlighting the importance of supporting alternative seed industry structures that are more socially and environmentally responsible. These findings stress the importance of acknowledging the multidimensionality of US farmer seed systems, whereby market and non-market exchanges can coexist and work toward creating more just and sustainable seed systems without ceding to complete commodification devoid of social import.
While moral arguments for limiting market expansionism proliferate, a fundamental question has been left unanswered: the moral limits of what, exactly? Moral Limits of Markets (MLM) theorists tend to employ different terms – markets, putting a price tag, buying and selling – interchangeably and inconsistently to describe the phenomenon they are troubled by. I clarify this ambiguity by offering a novel taxonomy of different dimensions of exchange I identify as the sources of the normative concerns of most MLM arguments: Alienation, Commodification, Marketization, Privatization. This taxonomy allows us to better understand why and what about ‘markets’ should be limited.
Chapter 1 outlines why we wrote the book, namely, to provide a clear-cut account of the EU’s ‘silent revolution’ leading to a much more vertical new economic governance (NEG) regime after the crisis of 2008 and its effects on European employment relations, public services, welfare states, and democracy; to develop a new analytical paradigm capable of capturing the interplay between the supranational formulation of the EU’s NEG prescriptions, their country-specific deployment, and their effects on labour politics and democracy; to empirically assess the policy orientation of EU interventions in two policy areas (employment relations and public services), three public service sectors (transport, water, and healthcare), and four countries (Germany, Italy, Ireland, Romania), during the pre-NEG (1957–2008), the NEG (2009–2020), and the post-Covid-19 (2020–2022) period; to analyse the responses of unions and social movements to these NEG interventions since 2009, and their feedback effects on the EU’s post-Covid NEG regime; to show that labour politics matters, as unions and social movements are essential in framing the struggles about the policy direction of EU economic governance along a commodification–decommodification axis rather than a national–EU politics axis – a direction that may lead to the EU’s disintegration.
In Chapter 13, we provide a preliminary analysis of the policy orientation of the EU’s post-Covid-19 new economic governance (NEG) regime to give policymakers, unionists, and social-movement activists an idea about possible future trajectories of EU governance of employment relations and public services. We do that on the basis of not only the recently adopted EU laws in these two policy areas, such as the decommodifying Minimum Wage Directive, but also EU executives’ post-Covid-19 NEG prescriptions in two areas (employment relations, public services), three public sectors (transport services, water services, healthcare services), and four countries (Germany, Italy, Ireland, Romania). Vertical NEG interventions in national wage policies paradoxically cleared the way for the decommodifying EU Minimum Wage Directive by effectively making wage policy an EU policymaking issue, but, in the area of public services, we see an accentuation of the trend of NEG prescriptions in recent years: more public investments but also much more private sector involvement in the delivery of public services.
Chapter 7 shows that EU leaders had already started in the 1980s to steer the trajectory of national public services in a commodifying direction. The commodifying pressures from direct EU interventions reached a peak in 2004 with the Commission’s draft Services Directive, which failed to become law because of unprecedented transnational protest movements. After the financial crisis however, the EU’s shift to its new economic governance (NEG) regime empowered EU executives to pursue public service commodification by new means. Our analysis reveals that the NEG prescriptions on public services for Germany, Italy, Ireland, and Romania consistently pointed in a commodifying direction, by demanding both a curtailment of public resources for public services and the marketisation of public services. Although our analysis uncovers some decommodifying prescriptions, namely, quantitative ones calling for more investment at the end of the 2010s, they were usually justified with policy rationales subordinated to NEG’s commodification script.
Chapter 8 traces the EU governance of transport services from the Treaty of Rome to the new economic governance (NEG) regime adopted by the EU after the 2008 financial crisis. Initially, European public sector advocates were able to shield transport from commodification, but, over time, the Commission gradually advanced a commodification agenda one transport modality after another. Sometimes, however, the Commission’s draft liberalisation laws encountered enduring resistance and recurrent transnational protests by transport workers, leading the European Parliament and Council to curb the commodification bent of the Commission’s draft directives. After 2008 however, NEG provided EU executives with new means to circumvent resistance. Despite their country-specific methodology, all qualitative NEG prescriptions on transport services issued to Germany, Italy, Ireland, and Romania pointed towards commodification. But the more the Commission succeeded in commodifying transport services, the more the nature of counter-mobilisations changed. Accordingly, the European Transport Workers’ Federation’s Fair Transport European Citizens’ Initiative no longer targeted vertical EU interventions, but rather the social dumping pressures created by the horizontal free movement of services and fellow transport workers. This target made joint transnational collective action more difficult.
Chapter 6 shows that workers’ wages and employment relations were, until the 2008 crisis, shaped by horizontal market pressures rather than direct political vertical EU interventions in the labour policy area. That changed radically after the EU’s shift to its new economic governance (NEG) regime. We found that the EU’s NEG prescriptions on wage levels, collective bargaining, and hiring and firing mechanisms followed a consistent trajectory that furthered the commodification of labour in Italy, Ireland, and Romania, but less so in Germany. Instead, Germany received decommodifying NEG prescriptions on wage policy that were linked to a rebalance-the-EU-economy policy rationale. Although this policy rationale was still compatible with NEG’s overarching commodifying script, the diverging policy orientation of prescriptions in this area across countries made it hard for unions to challenge NEG transnationally.
Chapter 11 compares the policy orientation of the EU’s new economic governance (NEG) prescriptions in two policy areas (employment relations, public services), three sectors (transport, water, healthcare), four countries (Germany, Italy, Ireland, Romania) from 2009 to 2019. It reveals that almost all qualitative prescriptions pointed in a commodifying direction. Most quantitative prescriptions tasked governments to curtail wages and public expenditures too, but, over time, they not only became less coercive but also increasingly pointed in a decommodifying direction, tasking governments to invest more. It would, however, still be wrong to speak of a socialisation of NEG, not just given the decommodifying prescriptions’ weak coercive power but also because of their links to policy rationales that are compatible with NEG’s overarching commodification script. Moreover, Chapter 11 shows that NEG prescriptions tasked governments to channel more public resources into the allegedly more productive sectors (transport and water services) rather than into essential social services like healthcare. Given NEG’s country-specific methodology, it is not surprising that there have been only few instances of transnational action on specific NEG prescriptions. By contrast, the share of transnational labour protests targeting EU interventions broadly defined increased after 2008. This suggests that NEG has been altering protest landscapes.
Chapter 14 concludes the book, highlighting its major theoretical and practical insights for the study of EU integration and for the prospects of democracy in Europe. The technocratic design of the EU’s new economic governance (NEG) regime eschewed citizens’ and workers’ political rights to have a say in policymaking; and the commodifying bent of its prescriptions eroded their social rights to be protected from the vagaries of the market. After the pandemic, the technocratic bent in EU economic governance endured, as the National Recovery and Resilience Plans were co-designed by national and EU executives without any meaningful input from unions and social movements, and without national parliaments and the European Parliament making any amendments. The commodifying direction of the NEG regime also endured post-Covid, albeit with some concessions, notably in employment relations. EU executives have had to face the prospect that the hollowing out of social rights that resulted from commodification is pushing electorates towards Eurosceptic parties. In the current unstable context, labour politics matters a lot. Unions and social movements are essential in framing the social and political struggles about the policy direction of EU economic governance along a commodification–decommodification axis rather than a national–EU politics axis.
Chapter 4 first reviews earlier studies of the EU’s new economic governance (NEG) regime and discusses the methodological challenges that they pose for the assessment of NEG documents. Earlier studies of NEG policy prescriptions flattened the semantic relationships between the different terms used in them and the power relations between the actors involved in their production. We therefore outline a novel research design that accounts for the links between the policy orientation of NEG prescriptions and the material interests of concrete social groups as well as the hierarchical ordering of NEG prescriptions in larger policy scripts unevenly deployed across countries, time, and policy areas. We address the first point in Chapter 4 and the second in Chapter 5. In 4.2, we identify commodification as the most relevant dimension for analysing the nexus between EU economic governance and labour politics. In 4.3, we operationalise the concepts of commodification and decommodification in employment relations and public services and outline the analytical framework against which we assess the policy orientation of the EU’s NEG prescriptions in the policy areas of employment relations and public services.
Chapter 9 analyses the EU governance of water and the countervailing mobilisations against its commodification. Initially, European law decommodified water services through the harmonisation of quality standards that took them out of regulatory competition between member states. However, from the 1990s onwards, the Commission repeatedly attempted to commodify water through liberalising EU laws. When these attempts failed, EU executives tried to advance commodification by new means, namely, through the EU’s new economic governance (NEG) prescriptions. Our analysis revealed that all qualitative prescriptions on water services issued from 2009 to 2019 to Germany, Ireland, Italy, and Romania called for their marketisation, despite recent calls to increase public investment. Like preceding attempts by draft EU directives, the NEG’s consistent commodification script triggered transnational protests by unions and social movements that defended water as a human right and as a public service, namely, under the banner of the successful Right2Water European Citizens’ Initiative.
Chapter 10 traces the EU governance of health services and its discontents. The first European interventions in the health sector facilitated mobile workers’ access to health services in their host countries, thereby decommodifying cross-border care, albeit by recourse to solidaristic mechanisms situated at national rather than EU level. Since the 1990s however, European horizontal market pressures and EU public deficit criteria have led governments to curtail healthcare spending and to introduce marketising reforms. Thereafter, healthcare became a target of EU competition and free movement of services law. In 2006, transnational collective action of trade unions and social movements moved EU legislators to drop healthcare from the scope of the draft EU Services Directive. After the financial crisis of 2008 however, EU executives pursued commodification of healthcare through new means, as shown by our analysis of their new economic governance (NEG) prescriptions for Germany, Italy, Ireland, and Romania. Even when commodifying prescriptions were on occasion accompanied by decommodifying ones, the latter remained subordinated to the former. Although NEG’s country-specific methodology hampered transnational protests, the overarching commodification script of NEG prescriptions led not only to transnational protests by the European Federation of Public Service Unions, but also to the formation of the European Network against the Privatisation and Commercialisation of Health and Social Protection, which unites unionists and social-movement activists.
This book examines the new economic governance (NEG) regime that the EU adopted after 2008. Its novel research design captures the supranational formulation of NEG prescriptions and their uneven deployment across countries (Germany, Italy, Ireland, Romania), policy areas (employment relations, public services), and sectors (transport, water, healthcare). NEG led to a much more vertical mode of EU integration, and its commodification agenda unleashed a plethora of union and social-movement protests, including transnationally. The book presents findings that are crucial for the prospects of European democracy, as labour politics is essential in framing the struggles about the direction of NEG along a commodification–decommodification axis rather than a national–EU axis. To shed light on corresponding processes at EU level, it upscales insights on the historical role that labour movements have played in the development of democracy and welfare states. This title is also available as Open Access on Cambridge Core.
This chapter assesses the interplay among social class and the growing centralization of African American literature in the marketplace. Since the 1980s the production of black literature has been increasingly shaped by the economic and aesthetic priorities of commercial bookselling. Contemporary African American writers have expressed their awareness of the ways that the commodification of black literary expression has both imposed limits and created new possibilities for literary art. These authors have been particularly attentive to new patterns of consumption and reception that emphasize class distinctions among consumers and genres of writing. These changes have prompted writers to rethink traditional assumptions about the social and aesthetic obligations of black middle-class writers in forging alliances with the working class. The chapter considers these shifting social relations with reference to literary works by Paul Beatty, Trey Ellis, Percival Everett, Mat Johnson, Claudia Rankine, and Colson Whitehead.
This symposium analyses European Union (EU) law as a means for both perpetuating commodification processes and potentially mitigating their consequences. This issue framing essay traces the evolutionary trajectory of commodification as a conceptual framework in contemporary intellectual debates, zeroing in on the most prominent theoretical frameworks underpinning its usage. It then relates the evolution of these debates more concretely to the context of the EU as a major institutional forum for the concept’s actualisation. Lastly, it connects these narratives to current conversations on the law’s role in constituting capitalism and consolidating its attendant structural inequalities. In so doing, it also canvasses the contributions that make up this symposium, showing how each enhances the discussion of commodification in the EU context.
This paper offers a critique of European Union (EU) consumer law’s role in commodification. Arguing that commodification is best understood as a normatively dependent concept, it contrasts two very different strands of commodification critique. While teleological critique refers to conceptions of the good life, authenticity, or the corruption of human essence, deontological critique relies on conceptions of right and wrong, justice, and human dignity. The paper argues for a specific, Kantian–Marxian version of the latter, proposing to understand commodification as a moral wrong when it leads to legal–political alienation. Such legal–political alienation occurs when someone becomes disconnected or feels dissociated from the political community and its political institutions because its laws treat that person as a mere means, not also an end. The only way to overcome such alienating commodification, the paper argues, is through a dialectic of individual and collective self-determination. On this normative basis, the paper, then, critiques core instances where EU consumer law wrongs its addressees through alienating commodification, including its acceptance of personal data as consideration, its encouragement of consumer resilience, and its privatisation of social justice through ethical consumerism.
The paper looks at contracts and contract law as a place of both commodification and resistance to commodification. Commodification and contract are connected through the lens of flexibilisation, seen in particular as one party’s unilateral prerogative to adapt the content of the contract’s performance. Flexibilisation in this sense works to entrench the market mechanism (qua responsiveness to price and demand dynamics) in situations where marketisation makes the realisation of long-term human needs rely on the short-term horizon of market operations. Two such contexts of marketisation in the context of European Private Law are considered as examples, namely transfer of enterprise and acquisition of a (household) customer portfolio in energy markets. The paper argues that ‘taking contractual equality seriously’ can contribute to decommodification – or at least throw some sand in the wheels of commodification.