By Darla Martin Tucker
Costly business license requirements hinder the ability of poor
people to start their own companies. Professional licensing
rules and drug patents drive up health care costs while zoning
rules benefit affluent homeowners at the expense of the needy.
All of these factors can contribute to poverty and economic
insecurity.
But if communities contribute to the economic security of their
members, by providing financial support in some cases, and if
monopolies, cartels, licenses, and hierarchical organizational
structures that favor the wealthy are eliminated, then everyone
will have a better chance of thriving.
These are among the arguments offered in a new book due out in
September and penned by Gary Chartier, La Sierra University
associate professor of law and business ethics. Cambridge
University Press in Cambridge, England is publishing the
264-page volume titled
Economic Justice and Natural Law. It is Chartier’s second book.
“It’s an attempt to work out an account of justice and economic
life that draws on new classical natural theory,” Chartier said.
Natural law theory, rooted in ancient Christian and classical
sources, emphasizes that varying aspects of human welfare “are
distinct and diverse, and that they all matter.”
The version on which Chartier focuses holds that reasonable
human action is action governed by a set of principles. The most
important is the Golden Rule, which calls us to avoid arbitrary
distinctions among people. Explaining the focus of his title,
Chartier says: “Justice is a matter of giving people what
they’re due. What people are due might be what they merit, what
they need, or what needs to be given to them to benefit others
indirectly.” His book offers an account of how persons can do
justice and of how communal norms, rules, and institutions can
foster justice.
Poverty and economic insecurity are “best understood as
primarily resulting from a whole range of contingent but
wide-ranging choices made by the political and legal system. Law
and policy benefit those with power and wealth, and marginalize
those without,” Chartier said. “Changing the legal environment
can play a vital role in dramatically reducing the extent of
deprivation, and so of homelessness, in our society. Solving the
problem of poverty is first and foremost a matter of eliminating
the privileges the law confers on those with wealth and power.”
“Particular people and communities will have more opportunity to
flourish if they can organize their lives on the basis of
non-hierarchical, non-coercive voluntary action. Local
self-determination and variety beat top-down, authoritarian
control and imposed uniformity any day,” Chartier said.
“But communities can and should certainly use various forms of
non-coercive pressure, including boycotts, shaming, and other
norm maintenance mechanisms, to ensure that voluntary
interactions respect the dignity and freedom of the
participants, … and that people allocate some of their resources
toward caring for vulnerable people in their own communities and
others,” he said.
“Communities must take into account the equal basic dignity of
persons and, perhaps paradoxically, both the value of separate
property rights and the inherent moral limits on such rights;
they must also acknowledge the crucial importance of democracy
in the workplace.”
The book’s first chapter explores norms governing property
systems. The second chapter offers general principles regarding
the distribution of property and wealth in a community. The
third chapter discusses justice at work and offers a multi-point
case for democracy in the work place. Then, Chartier goes on to
discuss a range of issues raised by situations in which the
principles outlined in the book’s first half are not followed.
For example, in Latin America and elsewhere, colonial powers
arrived, evicted indigenous people from their property--and then
allowed them to return as tenant farmers to their own land. Chartier offers
principles designed to show how and when it is appropriate for
people to regain land from which they have been dispossessed.
Scholars who work in law, ethics, political theory, and similar
fields make up the book’s primary market, Chartier said. On the
Cambridge University Press website, reviewers give Chartier’s
work high marks. They hail from Georgetown University in
Washington, DC, the Open University in England, the University
of California at Los Angeles, and the University of Queensland
in Australia. “Chartier’s examination of issues, including
at-will employment, peasants’ property interests in the land
they work, workplace democracy, and urban renewal is probing and
trenchant. This fine study reflects broad reading without
descending into pedantry,” says UCLA philosopher and law
professor Stephen R. Munzer.
This latest work follows the 2007 release of Chartier’s book,
The Analogy of Love, which explores Christian beliefs, why they
matter in today’s world and what those beliefs would look like
“if love were self-consciously located at its center,” the
book’s preface says. “These types of issues have been
interesting to me for a long time,” he said. Imprint Academic in
Exeter, England published the volume, which is currently in use
as a textbook at La Sierra and which has been discussed with
interest inside and outside the Seventh-day Adventist community.
Chartier said he has several other books in the pipeline,
including a study of the topic of how societies can organize
themselves without coercive state authority, a subject “near and
dear to my heart,” Chartier said. He joined the La Sierra
faculty on a full-time basis in 2001, but began teaching on
campus in 1992. He is the second generation of his family to do
so: his father, Stanley E. Chartier, served as a member of La
Sierra’s business faculty during the 1955-56 academic year.
Chartier earned a doctorate in Christian theology and ethics
from the University of Cambridge in 1991 and a law degree from
UCLA in 2001. In addition to School of Business courses in
business ethics and public policy, he team-teaches a Scientific
Foundations course, Religion and Rationality, a senior-level
religion course for Honors students, and a class on global
poverty alongside School of Religion ethicist Charles Teel, Jr.
“I’m interested in all kinds of stuff,” Chartier said. “My
teaching in the business school has had to do with business
ethics, public policy and spirituality. I’m all over the map.”