The Institutional Division of Labor and the
Egalitarian Obligations of Nonprofits*
Chiara Cordelli
Politics, University College London
P
RIVATIZATION is a widespread phenomenon in contemporary liberal
democracies. One facet of privatization is the state delegation of welfare
and primary-good-supporting services to private associations.
1
Governments
give subsidies to so-called “public charities” to deliver public services such as
basic education, healthcare, and childcare. They hire and create incentives
for nonprofits and NGOs to perform public functions and to implement social
policies.
2
This process is called “privatization,” given the assumption,
more normative than factual, that the state has a primary duty to provide their
citizens with sufficient public options to access the above services. Privatiza-
tion thus refers to the provision of these public goods through private
nonprofits.
I will investigate whether, in the context of privatization, a normative division
of labor between the egalitarian norms that govern the conduct of political
institutions and those that govern voluntary associations is tenable. To put it
differently, I will assess what happens to the scope of putatively political
principles of distributive justice when government responsibilities are discharged
through private associations.
3
I will then examine whether a clear institutional
division of labor between these associations and political institutions ought to be
preserved against the threat that privatization poses to it. For the current
*I would like to thank Matthias Freidank, Cécile Laborde, Jonathan Ira Levy, Saladin
Meckled-Garcia, Joshua Mendelsohn, and two anonymous referees for their helpful comments. I
would also like to thank the Arts and Humanities Research Council, and the Kluge Center at the
Library of Congress in Washington D.C. for their generous support.
1
Although in this article I will mainly refer to private nonprofit associations, most of my
considerations are equally valid in the case of for-profit enterprises.
2
Here I will focus on the American and British contexts. For an overview of privatization in the
US see Steven Rathgeb Simith, “Nonprofits and public administration,” American Review of Public
Administration, 40 (2010), 129–52; Steven Rathgeb Simith and Michael Lipsky, Nonprofits for Hire:
The Welfare State in the Age of Contracting (Cambridge, Mass.: Harvard University Press, 1993). For
the UK see the British Humanist Association, Quality and Equality: Human Rights, Public Services
and Religious Organizations (London: BHA, 2007).
3
In the US, this division is well preserved by the “state action” constitutional doctrine. See Martha
Minow, “Public and private partnership: accounting for the new religion,” Harvard Law Review, 116
(2003), 1229–70 at p. 1229.
The Journal of Political Philosophy
© 2011 Blackwell Publishing Ltd., 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main
Street, Malden, MA 02148, USA.
doi: 10.1111/j.1467-9760.2010.00388.x