Episode 94: Chiara Cordelli - The Privatized State
Dec 10, 2021
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Chiara Cordelli, author of 'The Privatized State,' discusses the impact of privatization on the administrative state, provisionality in privatized functions, negative effects on government control and political influence, incentives and accountability in bureaucracy, the role of private donors, challenges of private schools, and the importance of democratization in schooling.
Privatization of government functions undermines democratic self-rule and distorts political power.
Justice requires a unified system of authoritative rules provided by political institutions.
Private arbitration compromises equal rights by delegating adjudicatory power to private actors and contractual agreements.
Deep dives
The Transformation of the Administrative State
The book discusses the transformation of the mode of governing and the administrative state in contemporary liberal democracies. It highlights the increasing privatization of government functions and responsibilities, providing examples such as the outsourcing of military operations, prison privatization, social service provisions, regulatory functions, and the funding of essential goods. The author argues that political theory often neglects this transformation and aims to provide a normative analysis and critique of privatization. They also propose constructing an ideal view of a legitimate system of public administration that reflects foundational philosophical questions.
The Privatized State and the Need for Democratic Authority
The concept of the privatized state is explored, defining it as a state where government functions and responsibilities are systematically outsourced to private actors. The book emphasizes that privatization goes beyond specific examples and fundamentally transforms the administrative state itself. By delegating public functions to private actors, the book argues that privatization undermines the minimal preconditions of democratic self-rule. This includes the erosion of government's directive control over its agents, the invisibility of government's role leading to declining civic vigilance, and the distortion of political influence and opportunities. As a consequence, private actors exercise political power without proper authorization, reproducing a problem reminiscent of the state of nature.
Kantian Approach to Privatization
The book presents a Kantian perspective on privatization, focusing on the intrinsic role of political institutions in the provision of justice. It challenges the prevailing view that justice can be fulfilled independently of shared political institutions, asserting instead that justice requires a unified system of authoritative rules. Privatization is seen as undermining the legitimacy and authority of the state, as it hampers democratic self-rule and distorts the exercise of political power. The book also addresses critiques of privatization and highlights the importance of an ethos within bureaucratic institutions. It argues that citizens' dependence on the appropriate intentional orientations of office holders is grounded in the ethos created by institutions, rather than the private will or mental states of individuals.
Invalidity of Private Arbitration in the Privatized State
In this podcast episode, the speaker discusses the problems associated with private arbitration in the United States. Private arbitration has become increasingly mandatory, preventing individuals from seeking legal recourse through the court system. The delegation of adjudicatory power to private actors compromises the state's ability to secure equal rights for all individuals. Private arbitration allows for different remedies to be applied based on privately chosen procedures or contractual agreements, rather than a public interpretation of the law. Additionally, private arbitrators, unlike judges, do not operate within constitutionally mandated procedures and often defer entirely to agreements prepared by private corporations. This creates a system where citizens are dependent on the will expressed in contractual agreements, rather than the legal process as a whole.
Democratizing the Administrative State and the Role of Private Donors
Another topic discussed in this podcast episode is the privatization of the administrative state and the role of private donors. The speaker argues that when the state fails to provide basic material resources to the poor, philanthropy often becomes the alternative option. However, relying on private donors compromises the idea of equal independence and the legitimacy of the state. The speaker suggests that private donors should consider their actions as a form of reparative justice, rather than mere beneficence. In this context, it is argued that the duty to give should be regarded as provisional, as it arises due to the unjust privatized state. Democratizing philanthropy is proposed as a way to mitigate the unjust dependency created by philanthropy. This could involve giving beneficiaries a voice in decision-making and control over donations, as well as public hearings to ensure transparency and accountability.
