There is a nice little opinion piece in the Globe and Mail today by Reginald Stackhouse challenging the notion that ‘free’ and efficient labour markets–as if such a thing could ever actually exist outside of the theoretical world of economics–could solve the problem of discrimination in employment. As Stackhouse notes, human rights codes are the result of the failings of the common law model of employment, in which employees and employers are perceived to be free parties engaged in market bargaining under conditions of perfect (or near perfect) information. The common law does not prohibit discrimination (Canadians should review the Bhadauria decision), and the ‘market’ certainly did not prevent it.
More debatable is whether human rights legislation actually achieves what is sets out to do: erradicate discrimination. Richard Epstein of the University of Chicago and free-market advocate has written extensively against anti-discrimination laws. I can’t find a free electronic version of his writing on this topic, but here is an interesting discussion by Professor Epstein of the history of his thinking on markets and the law called “The Accidental Libertarian”.
Do you accept Epstein’s arguments that anti-discrimination laws tend to produce adverse effects for society as a whole, that markets rather than government regulation tend to advance the values of freedom and autonomy, and are ultimately self-defeating?
Free Markets and Human Rights
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