La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

Hannah Arendt’s concept of freedom is exceptional in contemporary political theory. First, it is positive, which puts it into opposition to the both current versions of its negative counterpart, the liberal, and the republican concepts of freedom. In particular, a comparison between Arendt’s and Pettit’s approaches allows establishing some striking points of antagonistic logical mirroring. Based on this, the notion of “schools of thought” is introduced, which plays an essential role in the subsequent discussion of Arendtian realism. Second, although Arendt’s (...) theory of freedom shares features that are common to the major continental thinkers, like Martin Heidegger, Gilles Deleuze, or Alain Badiou, her solution to the problem of freedom aligns her closer to the liberals. Third, I argue that one should consider this logical irregularity as evidence in favor of her political realism, rather than a trivial inconsistency. This realism is the genuinely exceptional part of her legacy, which may guide us eventually, with modifications applied, to a paradigm shift in the current political philosophy. Finally, I present an evaluation of her solution to the problem of freedom, and a brief follow-up to some seemingly-out-of-place Arendtian notions, such as “excellence” and “elite.” Although in the final analysis, her solution seems to be artificial, it opens up a new promising area of research related to the notion of “benevolent excellence.”. (shrink)

In this dissertation I examine the topics of ethics, religion, and their relationship in the work of Charles Taylor. I take Taylor's attempt to confront modern disenchantment by seeking a kind of re-enchantment as my guiding thread. Seeking re-enchantment means, first of all, defending an `engaged realist' account of strong evaluation, i.e., qualitative distinctions of value that are seen as normative for our desires. Secondly, it means overcoming self-enclosure and achieving self-transcendence, which I argue should be understood in terms of (...) transcending a `lower' mode of selfhood for a `higher' one in concern for `strong goods'. One of the main issues that Taylor raises is whether re-enchantment requires theism for its full adequacy. He advances - often as `hunches' - controversial claims regarding the significance of theism (1) for defending strong evaluative realism and (2) for motivating an ethic of universal human concern. I seek to fill out his hunches in terms of a theistic teleological perspective that is centered on the `telos of communion'. I argue that such a view is important for overcoming the problem of what Bernard Williams calls the `radical contingency' of ethical beliefs, which seems to undermine their normative authority. However, I argue that if a non-theistic view of cosmic purpose (e.g., Thomas Nagel's view) can be regarded as a viable option, then it could also help to address this problem and support a kind of re-enchantment. Taylor also advances the controversial view that (3) there is an ineradicable draw to `transcendence' in human life in connection to the quest for the meaning of life. Here he opposes certain mainstream theories of secularization that see it as a process involving the ineluctable fading away of the relevance of religion. I seek to fill out and defend Taylor's view in this matter. Besides providing a reading of Taylor's work as a whole and advancing further some of the issues he raises, I also examine his general evaluative framework based on his account of strong evaluation. In doing so I show how he provides a distinct and important perspective among contemporary moral philosophers. (shrink)

This paper provides an argument in favour of federal institutional design on the basis that it is more congenial to the preservation and promotion of normatively desirable societal diversity than its unitary alternative. Seeking inspiration in the work of three of the most influential liberal thinkers of the nineteenth century: John Stuart Mill; Alexis de Tocqueville; and Lord Acton, I construct a novel case for federalism that focuses on the inherent benefits of a dual/multi-layered governmental structure. Section one argues for (...) the value of diversity, stating that it can both improve the authenticity of individually exercised autonomy, and improve the quality of individually espoused moral views. Section two considers the potential dangers posed by the unitary state to the flourishing of diversity through the centralisation of key institutions. Section three shows how the federal model sidesteps these pitfalls, and offers a more auspicious environment for the cultivation and enjoyment of diversity. (shrink)

In this article I examine whether Moral Foundations Theory can fulfil the promises that Haidt claims for the theory: that it will help in developing new approaches to moral education and to the moral conflicts that divide our diverse society. I argue that, first, the model that Haidt suggests for understanding the plurality of moralities—a shared foundation underlying diverse moralities—does not help to overcome conflicts. A better understanding of the nature and background of moral conflicts can lead to a more (...) respectful attitude towards people with conflicting views, but need not contribute to ending conflicts. Second, I show that pervasive moral conflicts should be dealt with on the level of politics. They require a morality of compromising. Third, I examine why this approach does not seem to work in the USA. (shrink)

I investigate whether tobacco health warnings’ interference with autonomy is ethically justifiable in order to deter people from smoking. I dissociate first the informational role and the persuasive role of tobacco health warnings and show that both roles enable typical addicted smokers to better rule themselves, fostering their autonomy. The fact that some messages address people’s non-deliberative faculties is therefore compensated by a larger positive influence on their autonomy. However, misleading messages are not ethically justified and should be avoided. Tobacco (...) health warnings’ effect on autonomy highlights an important difference between libertarian paternalism and classical paternalism. (shrink)

In this paper, I address two related challenges the phenomenon of depression raises for conceptions according to which autonomy is an agency concept and an independent source of justification. The first challenge is directed at the claim that autonomous agency involves intending under the guise of the good: the robust though not always direct link between evaluation and motivation implied here seems to be severed in some instances of depression; yet, this does not seem to affect the possibility of autonomous (...) action. The second challenge targets the feasibility of a reliable distinction between autonomous and non-autonomous choices in the context of depression: value-neutral and value-laden ways of drawing the distinction seem both open to decisive objections. I develop an account of paradoxical identification which supports a revised value-neutral distinction between autonomous and non-autonomous choices in the context of depression (my response to challenge 2), and shows that depression is inconsistent with autonomy to the extent that it involves an agent’s (paradoxical) identification with projects she implicitly loathes, that is, to the extent that depression thwarts intending under the guise of the good (my response to challenge 1). (shrink)

This paper reconstructs the political–theoretical triangle between liberalism, communitarianism and conservatism. It shows how these three positions are related to each other and to what extent they are actually incompatible. The substantive outcome is the following thesis: the conservative position poses a challenge to liberalism that communitarianism is unable to offer and that liberalism cannot incorporate as it could with communitarianism. This challenge lies in the conservative’s ideal of a traditionally evolved, purposeless form of civil association, and its associated view (...) on the justification of authority within such forms of association. This ideal cannot be incorporated into liberalism’s overall concern with individual autonomy, in contrast to the communitarian’s ideal of community. This will be shown through an investigation of two key elements of the conservative ideal of civil association: its ‘purposelessness’ and its justification of authority. (shrink)

The aim of this paper is to explain why imaginativeness is valuable. Recent discussions of imaginativeness or creativity (which I regard as the same property) have paid relatively little attention to this important question. My discussion has three parts. First, I elucidate the concept of imaginativeness by providing three conditions a product or act must satisfy in order to be imaginative. This account enables us to explain, among other things, why imaginativeness is associated with inspiration, why it is associated with (...) the faculty of imagination, and why it is relative to persons and to contexts. Second, in the light of this account, I say what the imaginativeness of persons is. Philosophical discussions of the imaginativeness of persons usually treat it as a capacity. In fact, it is a tendency or disposition of a certain kind. Third, I give reasons why the imaginativeness of persons has the value it does. I begin by saying what the basic facts about its value are. When a person's imaginativeness is valuable, it is either (i) a good thing about a person, (ii) good for the person, or (iii) good for others. I provide explanations of each of these facts. I conclude by addressing the difficult question of whether a person's imaginativeness is non-instrumentally good for her. On Romantic and Romantic-inspired views, imaginativeness is non-instrumentally good for a person because of its connection with self-realization. I reject this claim. However, I argue that, often, imaginativeness is indeed non-instrumentally good for the imaginative person. (shrink)

This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard criticism that (...) a league of states cannot establish the institutional framework for international justice, others also suggest an alternative stage model interpretation. According to this interpretation, Kant’s true ideal is in fact a state of states, whereas the league is merely introduced as a temporary and second best solution. In contrast to both the standard criticism and the stage model interpretation, I argue that fundamental normative concerns count in favour of a league rather than a state of states. I also argue that Kant’s defense of such a league is consistent with his position on the institutional preconditions for just interaction in the domestic case because of crucial relevant differences between the state of nature among individuals and the external relations between states. (shrink)

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing (...) their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal. (shrink)

While there is much literature on autonomy and the conditions for its attainment, there is less on how those conditions reflect on agents’ ordinary careers. Most people’s careers involve a great deal of subservient activity that would prevent the kind of control over agents’ actions that autonomy would seem to require. Yet, it would seem strange to deny autonomy to every agent who regularly follows orders at work—to do so would make autonomy a futile ideal. Most contemporary autonomy accounts provide (...) purely theoretical analysis without reference to any practical goal that autonomy could serve. These accounts are likely to resolve this issue in one direction: either almost entirely including or excluding subservient workers from autonomy. Either solution would fail to distinguish agents who sufficiently control their lives, in spite of limited subservience, according to their own standards, from agents for whom subservience precludes a fulfilling life. I suggest the solution lies in a return to goal-oriented autonomy accounts, which can use the goal to distinguish when subservience overwhelms autonomy from when subservience and autonomy can coexist. I present an account that anchors autonomy in the happiness that it provides for agents who sufficiently control their lives as determined by their more important prudential standards. On this account, agents in subservient careers can be autonomous if they determine how to make their careers consistent with their happiness. (shrink)

Contemporary Neo-Berlinians contend that value pluralism is the best account of the moral universe we inhabit; they also contend that value pluralism provides a powerful case for liberalism. In this paper, I challenge both claims. Specifically, I will examine the arguments offered in support of value pluralism; finding them lacking, I will then offer some reasons for thinking that value pluralism is not an especially promising view of our moral universe.

School choice is most often viewed through the lens of provision: most of the debate on the issue searches for desirable ways to offer vouchers, scholarships or other tools that provides choice as a way to achieve equality and/or freedom. This paper focuses on the consumer side of school choice, and utilises behavioural economics as well as ethnographic and network studies to consider ways to structure choice which respond to actual cognitive and social processes of choice. These empirical studies give (...) scholars and policy-makers who grapple with school choice a perspective that should affect the principled design of these programs as well as their execution. The paper considers the ways in which actual choice processes should affect current visions of school choice. It concludes with recommendations concerning the design of choice sets and the accessibility of information regarding choice, which together can assist school choice policies in better fulfilling their promise of equality and freedom. (shrink)

What is liberty, and can it be measured? In this paper I argue that the only way to have a liberty metric is to adopt an account of liberty with specific and controversial features. In particular, I argue that we can make sense of the idea of a quantity of liberty only if we are willing to count certain purely agential constraints, such as ignorance and physical incompetence, as obstacles to liberty in general. This spells trouble for traditional ‘negative’ accounts, (...) against which I argue directly. My aim is to establish the following somewhat surprising claim: that if a political theory is to contain a principle regarding the protection, maximisation, or equalisation of some liberty, it must concern itself--on pain of conceptual incoherence--with the positive preconditions (in addition to the negative preconditions) of that liberty’s effective exercise. (shrink)

This project explores the political economy, logic, strategies, agents, values, and ethical implications of this latest iteration of modern capitalism, and it seeks to delineate what surveillance capitalism is and what its consequences are for human dignity and worth. Using technologies of which they are ignorant, surveillance capitalists interfere with our ability to become ourselves individually and collectively. Without consent, they invade privacy, impede moral autonomy, harm democracy, and muddle care. Surveillance capitalists also violate a number of foundational ethical principles, (...) failing the standards of Kant, Mill, and Aristotle. I sketch out a broad alternative to surveillance capitalism, one where our media systems are built on decentered understandings of a care-based democracy. Reinvigorating both the press and collective self-government, the caring digital citizen has less need for surveillance, requiring good faith understanding and the moral autonomy to pursue excellence. (shrink)

ABSTRACT Some of the most compelling contemporary ethical questions surround 21st Century neuroscientific technologies. Among these, neurocognitive intervention technologies allow an unprecedented ability to alter thought. Concerns exist about their impact on individual freedom, behavior and personhood. They could also distort society, eroding core values of dignity, equality, and diversity. Potent laws are needed to anchor regulation in this rising field. The article explores how the long-neglected human right of Freedom of Thought might protect the integrity of the mind at (...) the legal system’s highest level. Sample cases illustrate how it could be given effect ethically and legally to set boundaries for neurocognitive intervention. (shrink)

Conceptual engineering is thought to face an ‘implementation challenge’: the challenge of securing uptake of engineered concepts. But is the fact that implementation is challenging really a defect to be overcome? What kind of picture of political life would be implied by making engineering easy to implement? We contend that the ambition to obviate the implementation challenge goes against the very idea of liberal democratic politics. On the picture we draw, the implementation challenge can be overcome by institutionalizing control over (...) conceptual uptake, and there are contexts—such as professions that depend on coordinated conceptual innovation—in which there are good reasons to institutionalize control in this fashion. But the liberal fear of this power to control conceptual uptake ending up in the wrong hands, combined with the democratic demand for freedom of thought as a precondition of genuine consent, yields a liberal democratic rationale for keeping implementation challenging. (shrink)

Rorty saw the course of philosophy in the twentieth century as an effort to part from two major philosophical trends, namely historicism and naturalism, only to inevitably return at the end of a tortuous path to these very same tendencies. If we can concede without major objections Rorty’s diagnosis of the trends in contemporary continental and analytical philosophy, which seem to reveal the exhaustion of modern philosophy, based as it has been on epistemology, we must, on the other hand, examine (...) carefully the three main questions that this diagnosis leaves open: How does Rorty reconcile continental idealist subjectivism with materialistic behaviorism? Is it really inevitable that philosophy blinded by Geist are unable to question prevalent beliefs? Finally, is the acceptance of a liberalism that is not able to give reasons for itself the most effective and pragmatic liberalism? In answering these questions, it may not be possible to avoid a non-dogmatic, but pragmatic, metaphysics: a vocabulary of vocabularies that allows Rorty to speak of the problems of justice in Plato and Rawls, of the soul in Aristotle and Descartes, of the dystopias in Moro and Orwell. On pragmatic terms, perhaps a modest version of a metaphysic’s “vocabulary” turns out to be as legitimate and practical as any other vocabulary. (shrink)

This essay analyses two kinds of harmony as exemplified in Confucianism and Daoism and examines their relation with domination and freedom.

In the aftermath of Peter Singer’s ‘Famine, Affluence and Morality’, the argument he put forward received significant criticism, largely on the grounds that it demanded too much of moral agents. Several attempts have been made since to formulate moral principles that adequately express the stringency of our duties of beneficence. Richard Miller proposed one such option, which has several advantages over Singer’s principle. In particular, because it concerns our dispositions rather than operating over every possible occasion for beneficence, it avoids (...) problems of iterative demands. However, I argue that Miller’s principle is inadequate, because 1) it seems too weak, 2) it appears to be ambiguous and 3) it can give unduly harsh verdicts on unlucky moral agents. (shrink)

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 upon 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 Foucault’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 article 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 about freedom. (shrink)

In a series of reflections published in the wake of the Covid-19 crisis, Giorgio Agamben expresses a number of concerns related to the way the pandemic has altered the very fabric of our societies, potentially changing it forever. While maintaining a certain scepticism towards the threat represented by the virus itself, Agamben claims that the response to the contagion shows how easy it is for authorities to limit individual freedoms in the name of public health, and how readily they are (...) willing to put such limitations in place. At the same time, the pandemic shows how easy it is for individuals to accept this situation as the new normal, and how readily they are willing to give up their freedoms and relationships. In this paper I offer a brief overview of Agamben’s worries, focussing on two issues in particular: the loss of individual freedom of movement and association, and the moral and political implications of social distancing. I then approach these issues from a different angle, making use of relational theory to propose an alternative framework which relies on the notion of vulnerability. While agreeing with Agamben that there is reason to worry about the state seizing the opportunity to exercise unchecked power over its citizens, I argue that we should pay attention to the ways in which social distancing measures can be grounded in solidarity and respect for the autonomy of vulnerable individuals. (shrink)

Digital communication between humans fundamentally changes the nature of communication. One inherent change is the acceleration of communication as a systematic change in societal life, particularly in the workplace. Often, the aim is to release time resources. However, the acceleration of communication also leads to the opposite: a lack of time. This paradoxical development can be based on an acceleration cycle whereby technologies seem to be a solution on the micro-level, but they are also a significant part of the problem (...) on the meso-level. (shrink)

This article tackles one of the most burning issues discussed by adherents of the dynamically developing movement in ethics which bears on political and legal philosophy, that is value-pluralism. In particular, the article is devoted to an investigation into the highly controversial issue of the relationship between pluralism and liberalism, based upon the three crucial, divergent approaches represented by Isaiah Berlin and his two main opponents, John Gray and George Crowder. The analysis leads to the conclusion that the two concepts (...) in question are neither mutually exclusive nor logically connected, but actually overlapping, which signifies the existence of a loose, de facto connection between them. Such a final thesis proves to be consistent with the position of Isaiah Berlin, and contrary to the final statements endorsed by his critics, John Gray and George Crowder. (shrink)

Resumen En este artículo defiendo la postura según la cual el republicanismo -en comparación con otras nociones o motivos centrales- no se ha interpretado como uno de los rasgos que caracteriza a la filosofía jurídica y política de Kant como un todo. Una posible razón es que el republicanismo kantiano no ha ocupado un lugar destacado dentro de las narrativas republicanas, ya sea históricas o sistemáticas, que son más dominantes en las discusiones contemporáneas. A mi parecer, esto es así porque (...) hay características innovadoras en la empresa republicana kantiana que se encuentran en tensión con otros proyectos republicanos de otra índole. Aquí discuto algunos de los rasgos distintivos del proyecto de Kant en lo que atañe a concepciones suyas sobre el estado de derecho, la ciudadanía, la autoridad política, la libertad de expresión y el derecho internacional, con el fin de señalar que estas son parte integral de una teoría política y legal que todavía es atractiva y sugerente.In this paper, I defend the stance that republicanism -in comparison to other central notions- has not been interpreted as one of the main traits that characterize Kant’s legal and political philosophy. A plausible reason for this is that Kantian republicanism has not occupied a prominent place in the republican narratives, historiographical or systematic, that are dominant in contemporary discussions. To my mind, the reason for this is that some innovative characteristics in the Kantian republican enterprise are at odds with other republican philosophical projects. Here I discuss some distinctive traits of Kant’s project regarding his conceptions of the rule of law, citizenship, political authority, free speech, and international law with the aim of showing that they are an integral part of a political and legal theory that is still attractive and compelling. (shrink)

Value pluralists see themselves as philosophical grown-ups. They profess to face reality as it is and accept resultant pessimism, while criticising their monist rivals for holding on to the naïve idea that the right, the good and the beautiful are ultimately harmonisable with each other. The aim of this essay is to challenge this self-image of value pluralists. Notwithstanding its usefulness as a means of subverting monist dominance, I argue that the self-image has the downside of obscuring various theoretical positions (...) that do not fall into either the pluralist or monist camp. Yet such positions do exist, as shown by my discussion of Albert Camus and Hannah Arendt. Near contemporaries of the pioneering value pluralist Isaiah Berlin, the pair, just like him, sought to be realistic about the lived experiences of political disasters and moral disorientation in the twentieth century. Moreover, they shared with Berlin a keen interest in real-world moral dilemmas, which seemed to them to have made traditional morality obsolete. But the three thinkers’ perspectives on ‘reality’ hardly converged, and neither Camus nor Arendt became a value pluralist as a result of their reflections on moral dilemmas. This, however, by no means indicates the pair’s immaturity. Rather, it shows that there is more than one way of observing fidelity to our actual experience and that value pluralists’ commitment to realism and resultant pessimism is not as uniquely mature as they would have us believe. (shrink)

Robert Kane’s libertarian theory of freedom is frequently attacked in the free will literature by the “luck objection”. Alfred Mele’s articulation of the objection is a very influential formulation as it captures the spirit of Kane’s critics and their complaint with Kane’s view. Mele argues that without a contrastive explanation that highlights aspects of the agent their free choices are reducible to luck. I argue that the lack of a contrastive explanation does not establish that there is no explanation for (...) self-forming actions. Building on the explanation that Kane offers in his rebuttal, I claim that there are neglected dimensions to Kane’s view that, when put together, mitigate the force of the objection. These elements are value experiments, teleological intelligibility and liberium arbitrium voluntatis. I claim that through adopting a narrative view of the self, we can place value experiments in a broader teleological framework that allows us to see self-forming choices are not just a matter of luck. (shrink)

In decision-making based on multiple criteria, situations may arise where agents find their options to be neither better than, worse than nor equal to each other with respect to the relevant criteria. How, if at all, can a justified choice be made between such options? Are the options incomparable? This article explores a hypothetical case that illustrates how such a situation can arise in an environmental context; more specifically, it considers the deliberations of an imagined 'ethics committee' as it struggles (...) to decide whether or not a deep-sea mining project should be allowed to proceed. I argue that the case is best understood as involving options that are comparable in the sense of being 'on a par'. Working out from a discussion of Ruth Chang's 'self-governance' theory of choice in cases of parity, I suggest that, in the environmental context, the idea of choices expressing a moral identity may lead us in the direction of a plausible solution to these particularly challenging cases. (shrink)

When Marx dissected the capitalist economy and intervened in the international workers’ movement, he did so in the service of freeing people from alien, uncontrolled power. His political project was the realisation of what he called the social republic, and his theoretical project was to identify the forces that promote or retard this political project. In order to bring out the specificity and cogency of the social-republican Marx, this essay uproots the positive-freedom reading that has overgrown the edifice of his (...) thought. Marx certainly hoped for ‘real freedom’, which is a sort of self-realisation. He also hoped for a sort of collective self-determination. And he thought that collective self-determination was a prerequisite for general self-realisation. But Marx also thought that generalised freedom from domination was a prerequisite for collective self-determination. (shrink)

Este artículo centra su reflexión sobre los derechos sociales en el Estado de Bienestar, y plantea la pregunta de si su protección es indispensable para posibilitar la autonomía del ciudadano. Así, partiendo de que la exclusión del acceso efectivo a ciertos servicios básicos implica una reducción de la ciudadanía y de la integración política, considera que la participación ciudadana y la sociedad civil son elementos indispensables para repensar y democratizar un Estado de Bienestar anquilosado burocráticamente, sin que ello suponga un (...) retroceso en las conquistas históricamente alcanzadas. (shrink)

En este artículo se reflexiona sobre los derechos sociales, que son considerados derechos fundamentales y un prerrequisito para la integración política y la autonomía de los ciudadanos. Por tanto, ya se les considere derechos o prerrequisitos para el ejercicio de los derechos, la exclusión del acceso efectivo a ciertos servicios básicos implica una reducción de la ciudadanía como estatus civil y político. Además, la globalización económica ha producido una fuerte restricción en la aplicación estatal de las políticas sociales.

Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...) across the analytic-continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having. (shrink)

Artikkelen vurderer hvorvidt ID-kravet, som begrenser asylsøkeres anledning til å søke arbeid, er etisk velbegrunnet innenfor rammene av en liberal rettskultur. Videre anlegges et konsekvensetisk perspektiv fordi ID-kravet er konsekvensetisk begrunnet, og det kan da foretas en immanent kritikk. Det vises at ID-kravet innebærer en begrensning av asylsøkeres negative og positive frihet, og at forsvarere av ID-kravet dermed må bevise at kravet har så gode konsekvenser at det legitimerer en slik begrensning av asylsøkeres frihet. Både generelle overveielser av ID-kravets fordeler (...) og ulemper og konkrete data tilsier at bevisbyrden ikke er oppfylt. Følgelig må det enten frembringes empiri som tilsier at ID-kravet likevel har bedre konsekvenser, eller det bør gis en annen type begrunnelse enn den konsekvensetiske for ID-kravet, eller ID-kravet bør avskaffes.Nøkkelord: asylsøkere, arbeid, liberalt demokrati, konsekvensialismeEnglish summary: Undocumented migrants' right to apply for work. A consequentialist assessmentThe article evaluates whether the Norwegian ID-demand, which limits asylum seekers' opportunity for work, is ethically well founded within the limits of a liberal, legal culture. The argument operates within a consequentialist normative theory because the ID-demand is justified in terms of its consequences, and an immanent critique of the demand can therefore be carried out. It is argued that the ID-demand imposes restrictions on the negative and positive liberty of asylum seekers, and defenders of the ID-demand will then have a burden of proof to show that the demand has such good consequences that it will legitimise these restrictions. Both general considerations and specific data clearly indicate that this burden of proof is not satisfied. Hence, one must either provide new data that indicate that the ID-demand after all has better consequences, defend the ID-demand in terms of something other than its consequences or reject the ID-demand. (shrink)

This article indicates a new direction for business ethics, which Lon Fuller pioneered with his work on social architecture. “Eunomics”, as Fuller called it, is “the theory or study of good order and workable arrangements”. How should we appraise the effects of the various ways of organizing and running a corporation, for example, with regard to the different structures and basic plans it can espouse? We should reject the “doctrine of the infinite pliability of social arrangements”, as some forms of (...) organization are unsound. They cannot be implemented in a proper fashion given the boundaries and the rules of the market established. A theory of business eunomics explains why each kind of legal process, including managerial direction, is better suited for the pursuit of a limited number of ends, and thus why we should not force a single institution to solve all ethical problems. (shrink)

This paper depicts the meanings of human dignity as they unfold and evolve in the Bible and the Halakhah. I posit that three distinct features of a Jewish conception of human dignity can be identified in contrast to core characteristics of a liberal conception of human dignity. First, the original source of human dignity is not intrinsic to the human being but extrinsic, namely in God. Second, it is argued that the “dignity of the people” has precedence over personal autonomy (...) and liberty, which are core liberal pillars. The third characteristic pertains to the potential conflict between personal autonomy and liberty, and God's commandments. The theoretical analysis of human dignity is then examined in light of several Supreme Court decisions in Israel during the 1990s. I illustrate that Jewish religious and secular-liberal conceptions pull in different directions in the rulings of liberal and religious Justices in Israel. (shrink)

This article investigates the application of Philip Pettit's concept of freedom as non-domination to the issues of educational standards and the negotiated curriculum. The article will argue that freedom as non-domination shines a critical light on governmental practice in England over the past two decades. Joshua Cohen's proposal of an ideal deliberative procedure is offered as a potential mechanism for the facilitation of debating contestations between stakeholders over the curriculum. Cohen places particular importance on the participants being ‘formally and substantively (...) equal’ in the proceedings and being able to ‘recognize one another as having deliberative capacities’. It will be argued that formal and substantive equality between children and responsible adults is highly problematic due to the ‘considerable interference’ teachers and adults have to make in children's lives. However, the article does offer examples of children's deliberative capacities on the issue of the curriculum. (shrink)

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On (...) the other hand, this discussion forces us to critically assess the meaning and appeal of the concept of a basic structure in justice as fairness. (shrink)

Hailed as the most influential book ever written in favor of freedom, John Stuart Mill’s On Liberty is a contradictory and imprecise work. Mill’s notion of liberty coexists with anti-liberal ideas. He defended the private property of capitalists, but not of landowners. He criticized protectionism, but made an exception for infant industries. He defended competition, but set limits on it. He criticized general public education, but allowed the State to force citizens to study. He defended women and men’s freedom, but (...) not the freedom to choose the number of children they wanted to have, or decide about their education, or bequeath goods to them. He said parting from laissez faire was bad unless it produced some good. This admired friend of liberty could not find the logic in family, marriage, religion, tradition, morality, custom; he saw them only as repressive obstacles to freedom. A book supposedly upholding liberty ignores or disdains natural or pre-legal rights, and directs the bulk of its criticism not against the legal or political power of the State but against the tyranny of public opinion. (shrink)

Both Protestant theologians and “preference” economists believe that freedom is necessary for moral action, but such theologians and economists have seemingly irreconcilable accounts of freedom and, thus also, morality. Instead of learning from each other, they typically ignore each other or claim that one field reigns supreme over the other. This essay digs into the theological and economic traditions of each side to find points of similarity between them. It engages Adam Smith and Ernst Troeltsch to develop a view of (...) “ethical freedom” that pulls together the “libertarian freedom” emphasized by preference economics and the “egalitarian freedom” emphasized in much Protestant theology. The three-part view of freedom draws the disciplines together and opens possibilities for a more robust theory of moral action. (shrink)

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo-republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo-republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to (...) assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups. (shrink)

In her book, Politics of Piety: The Islamic Revival and the Feminist Subject, Saba Mahmood analyzes the practices of the women in the mosque movement in Cairo, Egypt. Mahmood argues that in order to recognize the participants as agents, we need to question the assumption that agency entails resistance to norms; moreover, we need to question the feminist allegiance to an unquestioned ideal of freedom. In this paper, I argue that rather than giving up the ideal of freedom, we can (...) explore the possibility that there are different conceptions of freedom, and that the agency of the women in the mosque movement can be understood through a conception of freedom as a practice of connection, or belonging. I develop this alternative paradigm through discussions of four conceptions of freedom: Foucault's theory of agency as self-creation, positive freedom, communitarian freedom, and freedom as resistance. (shrink)

This study investigates the portrayal of five female journalists on the Aaron Sorkin television series Sports Night. The women were depicted as acting unprofessionally, displaying motherly qualities, choosing their personal lives over work, being deferential to men for ethical decisions, and showing a lack of sports knowledge compared to the male characters. The researchers use social responsibility theory to suggest why these portrayals were ethically problematic.

Modern democratic polities regularly operate at several political levels. In the case of the EU at the level of the member-states and the EU itself, and in addition at federal, regional, and municipal levels. Is there any democratic rule to determine which level is more legitimate than the others? The article argues that from a majoritarian perspective there is none. Individual citizens may have quite different preferences with regard to the level that is of particular political importance for them. The (...) article critically analyses different concepts, from sovereignty to demos, subsidiarity, and the judicial review of competences, and tries to show that none of them can provide a solution to the dilemma. Instead, democratic theory has to assume that in the co-evolutionary process of institutions and societies at different political levels, the question of the final say has to be left open. (shrink)

Illustrating the tensions and possibilities that the notion of the ethic of care as a democratic and citizenship issue may have in discourses of citizenship education in western states is the focus of this article. I first consider some theoretical debates on the definition of an ethic of care, especially in relation to issues of justice and (im)partiality. Then, I discuss the reconceptualization of care on the basis of two related but distinct themes: the reconciliation of justice and care, and (...) the rethinking of citizenship. Following this, I lay out some implications for citizenship education and answer the question of what learning and teaching for/about a reconceptualized ethic of care can contribute to changing current perceptions of and actions towards immigrants, refugees and asylum seekers. (shrink)

In modern times, academics have used the perspective of political liberty and spiritual freedom to interpret and explain Zhuang Zi’s happy excursion as well as the substance of all his other thoughts. The starting point of the former is the political idea of laissez-faire; the latter involves the unique character of Zhuang Zi’s philosophy on life. But it misses the spiritual deficiency contained in Zhuang Zi, and so it is difficult to respond to criticism from modern liberals. This article argues (...) that it is not quite accurate to use happy excursion to express modern freedom, but the spiritual tradition of happy excursion as a kind of native resource could still serve as a way to introduce the idea of liberalism at the level of a life philosophy based on independence, individual consciousness and the personal conscience and virtues embraced by the happy excursion thought of Zhuang Zi. (shrink)