Abstract

This paper explores the moral and legal status of the right to strike from a contractualist perspective, broadly construed. I argue that rather than attempting to ground the right to strike in the principle of association, as is commonly done in the ongoing legal debate, it ought to be understood as the assertion of a second-order moral right to self-determination within economic life. The controversy surrounding the right to strike thus reflects and depends upon a more basic question of the legitimate scope of reason giving. I conclude that the right to strike, understood as an assertion of a right to self-determination, enjoys presumptive or pro tanto legitimacy apart from the merits or demerits of particular strike demands.