ABSTRACT
This chapter aims to convince the reader of two things: first, that there is a deep similarity between "employees" and "contractors," in that both are people who do the state's bidding for money; and second, that in light of this similarity, the arguments presented for a non-contingent distinction between the two types of agents are unsatisfying. The chapter focuses on prison privatization, where such arguments are frequently made. It discusses legality-related arguments, either based on general notions of accountability or based on compliance with specific legal commands. The chapter also discusses the argument that private contractors contaminate the legitimacy of state action by exercising their independent, non-state judgment. It describes the arguments that rely on the supposed "private purposes" of the private sector. The chapter also describes arguments based on public perception, "expressivism," and "social meaning".
