Autonomy in Political Theories

Foucault's theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of 'freedom as critique': Freedom can be defined as the capability to critically reflect one's own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault's thinking obscures freedom. The standard response interprets (...) Fou-cault's later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault's work. By differentiating these concepts, this paper proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for 'modal robustness' and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault's thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion on freedom. (shrink)

Social work is a contested tradition, torn between the demands of social governance and autonomy. Today, this struggle is reflected in the division between the dominant, neoliberal agenda of service provision and the resistance offered by various critical perspectives employed by disparate groups of practitioners serving diverse communities. Critical social work challenges oppressive conditions and discourses, in addition to addressing their consequences in individuals’ lives. However, very few recent critical theorists informing critical social work have advocated revolution. A challenging exception (...) can be found in the work of Cornelius Castoriadis (1922–97), whose explication of ontological underdetermination and creation evades the pitfalls of both structural determinism and post-structural relativism, enabling an understanding of society as the contested creation of collective imaginaries in action and a politics of radical transformation. On this basis, we argue that Castoriadis’s radical-democratic revisioning of revolutionary praxis can help in reimagining critical social work’s emancipatory potential. (shrink)

L’idéal démocratique est accusé d’être irréaliste. Le gouvernement du peuple par le peuple et pour le peuple serait une chimère dans les sociétés contemporaines. Il faudrait lui préférer les visées plus modestes associées à l’élection : un droit de vote égal et la satisfaction du plus grand nombre. La démocratie ne se laisse pourtant pas réduire à la compétition électorale. Les acteurs et les institutions politiques qui s’en réclament invoquent non seulement un marché, où rivalisent des intérêts privés, mais un (...) forum, où s’affrontent des visions adverses de la justice. Ils attendent de la délibération collective qu’elle serve l’autonomie politique et le bien commun, mais savent aussi qu’elle peut les menacer, lorsque la liberté, l’égalité ou la publicité lui font défaut. Cette enquête philosophique interroge la pertinence de l’idéal démocratique pour des sociétés complexes, dotées d’institutions représentatives et soumises à la communication de masse. Elle montre à quelles conditions cet idéal peut aujourd’hui orienter la critique et l’action. Les citoyens peuvent encore aspirer à se gouverner eux-mêmes, donc à délibérer en égaux. -/- The democratic ideal is accused of being unrealistic. Government of the people by the people and for the people would be a chimera in contemporary societies. The more modest aims associated with election should be preferred: equal suffrage and the satisfaction of the greatest number. But democracy cannot be reduced to electoral competition. The political actors and institutions that claim it invoke not only a market, where private interests compete, but also a forum, where opposing visions of justice confront each other. They expect collective deliberation to serve political autonomy and the common good, but they also know that it can threaten them when it lacks freedom, equality or publicity. This philosophical inquiry questions the relevance of the democratic ideal for complex societies with representative institutions and subject to mass communication. It shows under what conditions a deliberative understanding of this ideal can today orient criticism and action. Citizens can still aspire to govern themselves, hence to deliberate as equals. (shrink)

This paper offers an analysis of the relation between political populism and mass media, and how this relation becomes problematic for democratic societies. It focuses on the fact that mass media, due to their purpose and infrastructure, can unintentionally reinforce populist messages. Research findings from communication science and political psychology are used to illustrate how, for example, a combination of mass media agenda setting and motivated reasoning can influence citizens’ political decisions and impair their political autonomy. This poses a particular (...) normative challenge for modern democracies: how to counter these populism-supporting effects within the constraints of democratic legitimacy? After showing how severely limited legal measures to curb populist media effects would be, the paper argues in favour of media competence education as a way of providing future citizens with an epistemic toolkit to navigate the media environment and strengthen their political autonomy. (shrink)

The notion of authenticity, i.e., being “genuine,” “real,” or “true to oneself,” is sometimes held as critical to a person’s autonomy, so that inauthenticity prevents the person from making autonomous decisions or leading an autonomous life. It has been pointed out that authenticity is difficult to observe in others. Therefore, judgments of inauthenticity have been found inadequate to underpin paternalistic interventions, among other things. This article delineates what justifies judgments of inauthenticity. It is argued that for persons who wish to (...) live according to the prevailing social and moral standards and desires that are seriously undesirable according to those standards, it is justified to judge that a desire is inauthentic to the extent that it is due to causal factors that are alien to the person and to the extent that it deviates from the person’s practical identity. The article contributes to a tradition of thinking about authenticity which is known mainly from Frankfurt and Dworkin, and bridges the gap between theoretical ideals of authenticity and real authenticity-related problems in practical biomedical settings. (shrink)

In spite of its everyday connotations, the term independence as republicans understand it is not a celebration of individualism or self-reliance but embodies an acknowledgement of the importance of personal and social relationships in people’s lives. It reflects our connectedness rather than separateness and is in this regard a relational ideal. Properly understood, independence is a useful concept in addressing a fundamental problem in social philosophy that has preoccupied theorists of relational autonomy, namely how to reconcile the idea of individual (...) human agency with the inevitable and necessary influence of other people, both directly and indirectly. I derive my account from the work of Mary Wollstonecraft and Catharine Macaulay, whose contributions have remained largely overlooked by current republican theorists. I have three purposes in this chapter. First, I set out the relational character of independence. Secondly, I outline a republican approach to the problem of structural social threats to agency. Finally, I hope to establish the basis for a fruitful dialogue between republicans and relational autonomy theorists on the requirements and dynamics of individual agency and freedom in oppressive social situations. I identify three distinctive features of the internal logic of freedom as independence that give it a relational character: it always locates the person within a community; there is a mediating role played by the notion of arbitrariness in connecting individual and collective perspectives; a causal relationship exists linking each person’s freedom as independence such that that the dependence of one class of persons jeopardizes the independence of the whole community. (shrink)

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the issue of conscientious objection implies that the conscientious objector should have an independent choice among alternative beliefs, positions or values. In this paper it is argued that: (a) it is not true that the typical conscientious objector has such a choice when they (...) decide to act upon their conscience and (b) it is not true that the typical conscientious objector exercises autonomy when developing or acquiring their conscience. Therefore, with regard to tolerating conscientious objection, we should apply the concept of autonomy with caution, as tolerating conscientious objection does not reflect respect for the conscientious objector’s right to choose but rather acknowledges their lack of real ability to choose their conscience and to refrain from acting upon their conscience. This has both normative and analytical implications for the treatment of conscientious objectors. (shrink)

In The Great Endarkenment, Elijah Millgram argues that the hyper-specialization of expert domains has led to an intellectual crisis. Each field of human knowledge has its own specialized jargon, knowledge, and form of reasoning, and each is mutually incomprehensible to the next. Furthermore, says Millgram, modern scientific practical arguments are draped across many fields. Thus, there is no person in a position to assess the success of such a practical argument for themselves. This arrangement virtually guarantees that mistakes will accrue (...) whenever we engage in cross-field practical reasoning. Furthermore, Millgram argues, hyper-specialization makes intellectual autonomy extremely difficult. Our only hope is to provide better translations between the fields, in order to achieve intellectual transparency. I argue against Millgram’s pessimistic conclusion about intellectual autonomy, and against his suggested solution of translation. Instead, I take his analysis to reveal that there are actually several very distinct forms intellectual autonomy that are significantly in tension. One familiar kind is direct autonomy, where we seek to understand arguments and reasons for ourselves. Another kind is delegational autonomy, where we seek to find others to invest with our intellectual trust when we cannot understand. A third is management autonomy, where we seek to encapsulate fields, in order to manage their overall structure and connectivity. Intellectual transparency will help us achieve direct autonomy, but many intellectual circumstances require that we exercise delegational and management autonomy. However, these latter forms of autonomy require us to give up on transparency. (shrink)

Kant realizes the principle of autonomy of the will as the sublime principle of morality. To him, if the principles we will are constituted by a being which poses universal laws, our "will or want" also acts autonomously and independently. Accordingly, moral laws are not only posed by humankind herself but she obliges herself to act according to the laws she herself has posed. Therefore, Kant takes autonomy into meticulous consideration in the realm of action and agency. With this in (...) mind, the current article analyzes this principle on the basis of three extant interpretations of autonomy that is individual, moral, and political autonomies; it elucidates these three kinds of autonomy while referring to their propinquity with Kant's. Ultimately, it comes in conclusion that whereas they have been grounded in different contexts, they do not mainly differ from Kant's autonomy of the will because of their commonality in the two meanings of "being free from dependence" and "capability to pose laws". For Kant, the autonomy of the will can be treated as some kind of moral autonomy: one must be bound/subjected to duties of morality in order to apply or act according merely to one's individual autonomy thereby the political sovereignty can also achieves its entire autonomy. (shrink)

For Alexis de Tocqueville, a faithful son of the Enlightenment, the priority given to the individual in the pursuit of truth represents the starting point of an inexorable march of equality towards individual autonomy. In other words, in agreement with the historicist movements of the 19th Century, Tocqueville interprets history as a dialectical progress: History understood as progress in the Hegelian sense, whose becoming unfolds in virtue of a steady and unalterable progress towards a better society-civilization as a creation of (...) the illustrated man. However, while for Hegel progress obeys a reason understood as self-knowledge, Tocqueville understands it as a balance between antagonisms: liberty-individual-democracy. In other words, the Tocquevillian dualism, expressed in the permanent tension between antagonisms equality vs. freedom, the individual vs the citizen–, leads towards a new class of dialectics of liberty. In this sense, the aforementioned triad represents, precisely, the tension that reveals itself as problematic, given that, ultimately, the elements that compose it arise antithetically. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

MacKay and Robinson (2016) claim that some legal procedures that regulate organ donations (VAC, opt-in, opt-out) bypass people's rational capacities and thus are “potentially morally worse than MAC”, which only employs a very mild form of coercion. We provide a critique of their argumentation and defend the opposite thesis: MAC is potentially morally worse than the three other options.

This essay contends that the constitutive elements of well-being are plural, partly objective, and separable. The essay argues that these elements are pleasure, friendship, significant achievement, important knowledge, and autonomy, but not either the appreciation of beauty or the living of a morally good life. The essay goes on to attack the view that elements of well-being must be combined in order for well-being to be enhanced. The final section argues against the view that, because anything important to say about (...) well-being could be reduced to assertions about these separable elements, the concept of well-being or personal good is ultimately unimportant. (shrink)

This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of these (...) arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

The Continuity Test is the principle that a proposed distribution of resources is wrong if it treats someone as disadvantaged when they don't see it that way themselves, for example by offering compensation for features that they do not themselves regard as handicaps. This principle — which is most prominently developed in Ronald Dworkin's defence of his theory of distributive justice — is an attractive one for a liberal to endorse as part of her theory of distributive justice and disadvantage. (...) In this article, I play out some of its implications, and show that in its basic form the Continuity Test is inconsistent. It relies on a tacit commitment to the protection of autonomy, understood to consist in an agent deciding for herself what is valuable and living her life in accordance with that decision. A contradiction arises when we consider factors which are putatively disadvantaging by dint of threatening individual autonomy construed in this way. I argue that the problem can be resolved by embracing a more explicit commitment to the protection (and perhaps promotion) of individual autonomy. This implies a constrained version of the Continuity Test, thereby salvaging most of the intuitions which lead people to endorse the Test. It also gives us the wherewithal to sketch an interesting and novel theory of distributive justice, with individual autonomy at its core. (shrink)

To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...) how respect for preferences over option sets and their aggregate properties may require the trimming of option sets, as well as helpful choice contexts. (shrink)

It is Chantal Mouffe’s contention that the central weakness of consensus-driven forms of liberalism, such as John Rawls’ political liberalism and Jurgen Habermas’ deliberative democracy, is that they refuse to acknowledge conflict and pluralism, especially at the level of the ontological. Their defence for doing so is that conflict and pluralism are the result of attempts to incorporate unreasonable and irrational claims into the public political sphere. In this context, unreasonable and irrational claims are those that cannot be translated into (...) universalizable terms. However, for Mouffe, it is this intentional exclusionary act itself that is detrimental to a well- functioning democratic polity. It is only through the inclusion of a diverse body of subject positions that a democratic polity can be said to be truly representative of the polity, and therefore constitute a functioning and inclusive democracy. -/- This paper will examine Mouffe’s account of agonistic pluralism. In doing so, it will demonstrate that instead of being a source of instability within the democratic discourse and therefore relegated into the private non-political sphere, passions and values that are constitutive of these subject positions ought to be incorporated into the public political sphere. Mouffe’s rationale for doing so is that it is precisely through their incorporation that citizens will retain their allegiance to the democratic polity. However, as part of this examination, this paper will also draw attention to an under-developed aspect of Mouffe’s account of agonistic democracy, specifically problems regarding both participation and exclusion. Whilst Mouffe does provide a robust counterpoint to both Rawls’ political liberalism and Habermas’ deliberative democracy, it is my contention that she fails to explain adequately what it is that persuades participants to act democratically and adhere to the requirements of agonal respect, nor what should happen when the ethico- political principles of liberty and equality are not accepted. (shrink)

The capability approach, which is closely connected to the works of Amartya Sen and Martha Nussbaum, is one possible theoretical framework that could be used to answer the question as to why poverty is a problem from a moral point of view. In this paper we will focus on the normative philosophical capability approach rather than the social scientific and descriptive perspective. We will show that the approach characterizes poverty mainly as a limitation of freedom and that it is precisely (...) this aspect, from its point of view, that makes poverty morally significant. This insight shifts the discussion away from questions regarding specific capabilities or lists of them-questions treated extensively in the literature-to the more general level of what constitutes the normative core of the capability approach. But as we will also discuss and argue, the role of freedom alone does not give us a complete picture of poverty but only presents us with one aspect relevant to evaluating it. A further aspect which we consider has not been adequately recognized and taken into account by most capability theorists is the experience of disrespect and humiliation, or to put it differently, a lack of recognition. (shrink)

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

I argue that political liberals should not support the monopoly of a single educational approach in state sponsored schools. Instead, they should allow reasonable citizens latitude to choose the worldview in which their own children are educated. I begin by defending a particular conception of political liberalism, and its associated requirement of public reason, against the received interpretation. I argue that the values of respect and civic friendship that motivate the public reason requirement do not support the common demand that (...) citizens “bracket” their comprehensive commitments in politics. Rather, citizens should seek to enact policies the justification of which is compatible with the truth of their fellow reasonable citizens’ worldviews. Next I argue that no single educational approach can meet this standard of justification. Many believe that state sponsored education in a pluralist, liberal society ought to present multiple worldviews in a neutral way. I argue that this aspiration is unrealizable, and no other educational model will plausibly meet the justificatory demand. Finally, I address two objections to my favored alternative: that it may allow for the inculcation of disrespect, and that it violates children’s autonomy. Against the first, I claim that political liberals have no grounds for thinking that reasonable citizens will seek to inculcate disrespect. Finally, I argue that there is no conception of autonomy that can sustain the second. (shrink)

This paper is a short commentary on Veljko Dubljevic's "Autonomy in Neuroethics: Political and Not Metaphysical.".

(Winner of The Res Publica Essay Prize) This article defends a moderate version of state perfectionism by using Gerald Gaus’s argument for liberal neutrality as a starting point of discussion. Many liberal neutralists reject perfectionism on the grounds of respect for persons, but Gaus has explained more clearly than most neutralists how respect for persons justifies neutrality. Against neutralists, I first argue that the state may promote the good life by appealing to what can be called “the qualified judgments about (...) the good life,” which have not been considered by liberal perfectionists including Joseph Chan and Steven Wall. Then I clear up several possible misunderstandings of these judgments, and argue that: (a) moderate perfectionism does not rely on controversial rankings of values and is committed to promoting different valuable ways of life by pluralistic promotion; and (b) moderate perfectionism requires only an indirect form of coercion in using tax money to support certain moderate perfectionist measures, which is justifiable on the grounds of citizens’ welfare. Thus, I maintain that moderate perfectionism does not disrespect citizens, and is not necessarily unfair to any particular group of people. It is, in fact, plausible and morally important. The defence of moderate perfectionism has practical implications for the state’s policies regarding art development, drug abuse, public education, and so on. (shrink)

Gilabert argues that the humanist conception of duties of global justice and the principle of cosmopolitan justifiability will lead us to accept an egalitarian definition of individual autonomy. Gilabert further argues that realizing conditions of individual autonomy can serve as the cut-off point to duties of global justice. I investigate his idea of autonomy, arguing that in order to make sense of this claim, we need a concept of autonomy. I propose 4 possible definitions of autonomy, none of which seem (...) to necessitate Gilabert’s duties of egalitarian global justice. Instead, I propose that he may have in mind Autonomy 5, which requires that individuals have access to a maximum number of options and not simply a sufficient range of options to choose from. I criticize this premise as too demanding in the global world characterized by fundamental inequality. Second, I argue that if we were to endorse the preconditions for Autonomy 5, we would have to accept that Gilabert’s theory of global justice doesn’t provide for a cut-off point of duties of global justice. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

John Patrick Rudisill purports to identify various problems with my argument that the state promotion of autonomy is consistent with anti-perfectionism, viz., that it falsely pretends to be novel, is unacceptably counterintuitive because too restrictive and too permissive, and that it deploys a self-defeating formal apparatus. I argue, in reply, that my argument is more novel than Rudisill gives me credit for; that properly understood my anti-perfectionism implies neither the implausible restrictions nor the unpalatable permissions that Rudisill claims; and that (...) my formal apparatus is innocent of the flaws imputed to it. (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic value, or on the basis (...) of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (shrink)

In this volume Axel Honneth deepens and develops his highly influential theory of recognition, showing how it enables us both to rethink the concept of justice and to offer a compelling account of the relationship between social reproduction and individual identity formation. Drawing on his reassessment of Hegel’s practical philosophy, Honneth argues that our conception of social justice should be redirected from a preoccupation with the principles of distributing goods to a focus on the measures for creating symmetrical relations of (...) recognition. This theoretical reorientation has far-reaching implications for the theory of justice, as it obliges this theory to engage directly with problems concerning the organization of work and with the ideologies that stabilize relations of domination. In the final part of this volume Honneth shows how the theory of recognition provides a fruitful and illuminating way of exploring the relation between social reproduction and identity formation. Rather than seeing groups as regressive social forms that threaten the autonomy of the individual, Honneth argues that the ‘I’ is dependent on forms of social recognition embodied in groups, since neither self-respect nor self-esteem can be maintained without the supportive experience of practising shared values in the group. This important new book by one of the leading social philosophers of our time will be of great interest to students and scholars in philosophy, sociology, politics and the humanities and social sciences generally. (shrink)

If pursued with serious intent, Pre-distribution has the capacity to create an exciting and radical new agenda for social democracy. But the politics of Pre-distribution cannot be innocuous or uncontroversial. -/- In its more radical forms, predistribution is a potentially radical and inspiring project for social democrats who have come to see the limitations of the old ways of doing things. It’s a project that promises a strategy to deliver abundantly on values of social justice, economic freedom, and equality of (...) opportunity. But it’s a project that involves going head-to-head with entrenched interests, breaking up existing concentrations of wealth and economic power. The politics of Pre-distribution, if taken seriously, simply cannot be a politics without enemies. Labour must decide whether its engagement with pre-distribution is to be limited to tinkering at the edges of neoliberalism, or whether it will instead fully embrace the opportunities of the present moment, decide to be radical, and realise the full promise of the politics of predistribution. -/- . (shrink)

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...) in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

In this Introduction, I situate the underlying project “Autonomy and Mental Disorder” with reference to current debates on autonomy in moral and political philosophy, and the philosophy of action. I then offer an overview of the individual contributions. More specifically, I begin by identifying three points of convergence in the debates at issue, stating that autonomy is: 1) a fundamentally liberal concept; 2) an agency concept and; 3) incompatible with (severe) mental disorder. Next, I explore, in the context of decisional (...) capacity assessments, the difficulties to reconcile 1) and 2) with 3) which they at the same time seem to imply. Having clarified the centrality of a cogent notion of mental disorder for addressing these difficulties, I comment on three promising lines of inquiry about the nature and scope of autonomy that emerge from the following chapters. (shrink)

Adaptive preference formation is the unconscious altering of our preferences in light of the options we have available. Jon Elster has argued that this is bad because it undermines our autonomy. I agree, but think that Elster's explanation of why is lacking. So, I draw on a richer account of autonomy to give the following answer. Preferences formed through adaptation are characterized by covert influence (that is, explanations of which an agent herself is necessarily unaware), and covert influence undermines our (...) autonomy because it undermines the extent to which an agent's preferences are ones that she has decided upon for herself. This answer fills the lacuna in Elster's argument. It also allows us to draw a principled distinction between adaptive preference formation and the closely related phenomenon of character planning. (shrink)

The author poses a question: which of the two fundamental, constitutional values – common good or human dignity – can be considered to be the cornerstone, the unifying value in the Constitution of the Republic of Poland from 1997. The paper shows the crucial reasons for accepting each of these values as primary and also presents the underlying relationships between these values . The prominence of a given value for defining the aim of the constitution and the legal order based (...) on it was accepted as the most important aspect for determining the order of primacy. In respect of the direct aims of activities of public authorities and more broadly – of the aims of subjects whose activities are defined by the constitution – the primary value should be common good understood as certain social conditions of life which support human development. It defines the space in which other constitutional values, also human dignity, are integrated. Human dignity, however, the primary value defining human being, gives the reason why human development is a first and autonomous aim of the constitutional order. In this respect dignity has priority before common good. -/- Autor stawia pytanie o to, którą z fundamentalnych wartości konstytucyjnych – dobro wspólne czy godność człowieka – można uznać za wartość pierwszą i stanowiącą podstawę spójności aksjologicznej Konstytucji RP z 2 kwietnia 1997 roku. Wskazane są zasadnicze racje przemawiające za uznaniem każdej z tych wartości za wartość pierwszą i identyfikowane są zasadnicze relacje zachodzące między tymi wartościami. Za aspekt najistotniejszy dla ustalenia pierwszeństwa którejś z tych wartości uznana jest doniosłość danej wartości dla określenia celu konstytucji i opartego na niej porządku prawnego. Z punktu widzenia bezpośredniego celu działań władzy publicznej i szerzej – podmiotów, których działanie wyznaczone jest porządkiem konstytucyjnym, wartością tą jest dobro wspólne wyznaczające przestrzeń, w której integrowane są inne wartości konstytucyjne, z godnością włącznie. Dobro wspólne jest celem porządku konstytucyjnego ze względu na godność człowieka, która czyni jego rozwój pierwszym i szczególnym – autotelicznym dobrem. W tej perspektywie godność ma pierwszeństwo przed dobrem wspólnym. (shrink)

Political liberals argue that the classical conception of autonomy must be discarded because it is sectarian and metaphysical. This article rejects that a commitment to autonomy necessarily leads to sectarianism and questions the notion that respect for persons is separable from the commitment to autonomy. It defends a Kantian approach to autonomy, as belonging to the standpoint of practical reason, and argues that in this approach autonomy is a norm regulating how we should treat each other as opposed to a (...) good to be promoted. This approach also avoids the metaphysical idea of autonomy as self-origination of binding principles. (shrink)

Joseph Raz’s much discussed service conception of practical authority has recently come under attack from Stephen Darwall, who proposes that we instead adopt a second- personal conception of practical authority.1 We believe that the best place to start understanding practical authority is with a pared back conception of it, as simply a species of normative authority more generally, where this species is picked out merely by the fact that the normative authority in question is authority in relation to action, rather (...) than belief. We do not wish to deny that there might be properties of practical authority (as distinct from the species of authority that is concerned with belief) that are peculiar to it, but, unlike both Raz and Darwall, we do not believe that such features play a role in defining or delimiting practical authority. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Although being widely considered as only a Western tradition, individualism is not absent in traditional Chinese philosophy and culture. In some of the classic Chinese philosophic works such as Zhuangzi, we can clearly identify some elements which can be appropriately attributed to “individualism”, such as the awareness of individual “self” as an independent and unique existence, advocating individual freedom and liberty, emphasizing on the value and dignity of individual life, favoring individuals’ autonomy and privacy, pursuing unconstrained development in personality and (...) spirituality. However, due to its particular pre-Qin social cultural background and its unique Daoist philosophic origin, this kind of individualism in Zhuangzi has its own unique characteristics, which has made it distinguishable from the variety of other individualist thoughts emerged in different times and places in the West. Zhuangzi has a dynamic and open view on individual or “self”, he does not consider individuals as fixed and interchangeable “atoms” but as dynamic, changing and unique beings, he set the unlimited and indefinable Dao as the only and ultimate source for individuals to conform to, thus to release individual mind into an realm of infinite openness and freedom. Zhuangzian individualism is “inward” rather than “outward”, which means while concentrating on individuals’ freedom of spirit and innate nature, it cares less about individuals’ outside material interests and rights in social reality, and does not encourage competition and rivalry among individuals. The special type of individualism in Zhuangzi has a profound influence on Chinese culture, providing a spiritual space for the development of individuality and personality in ancient China. It also provides an alternative understanding of individual as an existence. (shrink)

I provide support for a liberal political philosophy that is fully committed to the state promotion of autonomy, and which also counts Anti-perfectionism amongst its other commitments. I do so by defending it against the serious charge that it is prima facie self-contradictory. After all, Anti-perfectionism appears to demand that the state refrain from promoting any value – it looks as though that must preclude the promotion of autonomy, if the latter is conceived of as a value. I argue that (...) this self-contradiction is a mirage, whose plausibility depends on an equivocation in the statement given above of Anti-perfectionism. As it stands, the statement fails to distinguish between two types of values, and hence between two different types of Anti-perfectionism that one might endorse. When this is clarified, we can see that on the best understanding of Anti-perfectionism, it is consistent with the promotion of autonomy. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...) people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

In this paper I examine the sixth century ’Rule of St. Benedict’, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that premodern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the first-order (...) beliefs for the sake of which authority is sought by the individual, and the degree of trust between the authority and the subject. (shrink)

When faced with multiple claims to a particular good, what does distributive justice require? To answer this question, we need a substantive moral theory that will enable us assign relative moral weights to the parties' claims. But this is not all we need. Once we have assessed the moral weight of each party's claim, we still need to decide what method of distribution to employ, for there are two methods open to us. We could take the winner-take-all approach, and award (...) the good to the party with the strongest claim. On the other hand, we could divide the good proportionally, according to the relative strength of each party's claim. Because the choice between these two methods of distribution can have a dramatic impact on the resulting pattern of distribution, the choice presents a question of justice. But this is a question of justice that is often overlooked. As a result, we currently employ the principle of proportionality far less often than justice actually requires. If we focus on the question of distributive method, however, we are not only better able to understand how certain reasons enter into our all-things-considered moral judgments, we are also able to explain some perplexing but common aspects of our moral beliefs: how rights can be said to have peremptory force, yet still be balanced against other important interests; how justice can sometimes require compromise, yet sometimes require victory; and how a moral theory can avoid being too demanding while still being demanding enough. Key Words: autonomy • equality • indivisibility • inviolability • weighted lotteries • rights. (shrink)

Claude Ake was interested in how the depoliticization of African societies has led to their existing in a state of permanent crisis, and, in particular, to the impossibility of their development. He understood depoliticization as a situation where the right to possess a political sphere of life is withheld from most members of the state and, at the same time, politics is monopolized by those in power. He showed the error of seeing the African crisis primarily as an economic crisis (...) and emphasized that in the literature concerning African problems it was mistakenly assumed that African political elites were interested in development. Ake’s thoughts about the connection between, on the one hand, authoritarian power and the depoliticization of African societies, and, on the other, the lack of development does not exhaust the question of the crisis of the African state. But his opinions are valuable as an African viewpoint, which is not often taken into account. (shrink)

This short piece contrasts, and critically analyses, Brian Barry's and J.S. Mill's ideas about the foundations of liberal rights.

I examine an objection against autonomy-minded liberalism sometimes made by philosophers such as John Rawls and William Galston, that it rules out ways of life which do not themselves value freedom or autonomy. This objection is incorrect, because one need not value autonomy in order to live an autonomous life. Hence autonomy-minded liberalism need not rule out such ways of life. I suggest a modified objection which does work, namely that autonomy-minded liberalism must rule out ways of life that could (...) not develop under an autonomy-promoting education. I conclude by suggesting some reasons why autonomy-minded liberals should bite the bullet and accept this. (shrink)

Some Romanian feminist scholars argue that welfare policies of post-communist states are deeply unjust to women and preclude them from reaching economic autonomy. The upshot of this argument is that liberal economic policy would advance feminist goals better than the welfare state. How should we read this dissonance between Western and some Eastern feminist scholarship concerning distributive justice? I identify the problem of dependency at the core of a possible debate about feminism and welfare. Worries about how decades of communism (...) have shaped citizenry feed feminists' suspicion of the welfare state and fears of paternalist policies. I criticize the arguments in favour of neoliberal policies and I suggest a crucial distinction between legitimate, universal forms of human dependency and dependencies that result from particular social arrangements. (shrink)

The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and introduction (...) to, the history and philosophy of rights. He focuses especially on the politics of rights: the fact that rights have always been, and will remain, deeply contested. He discusses not only the historical contexts in which some of the leading philosophers of rights formed their arguments, but also the moral and logical issues they raise for thinking about the nature of rights more generally. At each step, Ivison also considers various deep criticisms of rights, including those made by communitarian, feminist, Marxist and postmodern critics. The book is aimed at students and readers coming to these issues for the first time, but also at more knowledgeable readers looking for a distinctive integration of history and theory as applied to questions about the nature of rights today. (shrink)