As a legitimate authoritative directive is a second-order reason, it defeats conflicting reasons by a process of exclusion. Nonetheless, a legitimate authoritative directive can be defeated by more weighty reasons, including, as I argue in this paper, the more weighty reasons it excludes. This is part of a value pluralist conception of authority, according to which there is no general rule for the resolution of conflicting reasons. And I advance this argument in response to the work of Joseph Raz. Although (...) Raz is a value pluralist, he posits a general rule for the resolution of some conflicts: namely, that an exclusionary reason cannot be defeated by a (more weighty) reason it excludes. This represents a weak version of value pluralism. My argument is that Raz does not succeed in his efforts to show that this general rule either better ensures conformity with reason or that it is justified by commitment to autonomy. (shrink)

Affirmative action as a state policy is one of the powerful ways of empowering the underprivileged in the society. While such a policy is aimed at lifting the economic and social condition of the underprivileged, this comes with acts that are discriminatory and exclusionary. Yet these acts are termed as positive discrimination. Certain sections of the society are excluded from having access to economic resources and opportunities, while these privileges are earmarked for another section of the society considered marginalized and (...) underprivileged. This is being done guided by the principle of distributive justice. While the principle carries sound moral basis, conceptualizing the deprived and mode of empowerment varies with states and society, thus throws up several challenges. Indian experience draws challenges of negotiating the dual presence of individual and collective in the theorizing—idea of empowerment is directed to an individual, but the identity of the individual is based on his/her social identity. The dual challenge of uplifting a caste/community through empowering an individual belonging to the group has raised several questions in terms of achieving the goal of distributive justice. While the principle of distributive justice aims at empowering the least privileged within an underprivileged group/community, this has not been an easy task. After seventy years of reservation policy a lot more initiative is still called for. There is perhaps need for deeper philosophical deliberation on the nature of empowerment, distributive justice, and the underlying moral foundations. Meaningful policy intervention must be built on well thought out theoretical deliberations. (shrink)

In this article, we discuss Greek and Roman conceptions of liberty. The supposedly ‘neo-Roman’ view of liberty as non-domination is really derived from negative Greek models, we argue, while Roman authors devised an alternative understanding of liberty that rested on the equality of legal rights. In this ‘paleo-Roman’ model, as long as the law was the same for all, you were free; whether or not you participated in making the law was not a constitutive feature of liberty. In essence, this (...) Roman theory was a theory of freedom as the rule of law and the guarantee of equal rights, especially due process rights. For this Roman concept of ‘legal liberty,’ as we call it, political participation was neither necessary nor sufficient. Theorized by Cicero and historicized by Livy, the Roman understanding of freedom flourished in early-modern times, proving important to paradigmatic republican authors such as Machiavelli and Rousseau as well as to Hobbes, whose work we discuss as a helpful point of comparison. (shrink)

Bernard Williams articulated his later political philosophy notably in response to Ronald Dworkin, who, striving for coherence or integrity among our political concepts, sought to immunize the concepts of liberty and equality against conflict. Williams, doubtful that we either could or should eliminate the conflict, resisted the pursuit of conceptual integrity. Here, I reconstruct this Dworkin–Williams debate with an eye to drawing out ideas of ongoing philosophical and political importance. The debate not only exemplifies Williams's political realism and its connection (...) to his critique of the morality system. It also illustrates the virtues and hazards of contemporary efforts to ameliorate or engineer our concepts; it indicates what political philosophy might look to in appraising political concepts; it adverts to the different needs these concepts have to meet if they are to sustain a politics of pluralism, deal with polarization, and secure the consent of those who end up on the losing side of political decisions; and it presents us with two starkly contrasting conceptions of politics itself, of the place of political values within it, and of our prospects of reducing the uncomfortably conflictual character of those values through philosophy. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

I Ville verdier oppfordrer Sigurd Hverven til å anerkjenne at planter, dyr, arter og naturområder på jorda i løpet av naturhistorien har oppnådd et mylder av verdier. I senere tid har mennesker fått makten til å ødelegge mange av disse naturverdiene. Det gir oss som lever nå et nytt ansvar for naturen. I boka undersøker Hverven hvordan mennesker kan erkjenne natur, hva natur er og om naturen har verdi i seg selv. Tankegangen munner ut i et historisk forankret imperativ: Tenkning (...) og praksis må innrettes slik at jordas verdifulle evne til å frembringe og opprettholde mangfold ikke skades ytterligere. (shrink)

This paper analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that Laski (...) and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

En este texto de presentación del número especial “Filosofía de la participación política”, coeditado con Moira Pérez y Blas Radi, mapeo algunos de los temas y problemas que motivaron la convocatoria a trabajos. En la primera sección presento dos grandes modelos de la participación política en contextos democráticos, con la tesis de que los fenómenos desdemocratizantes del presente se ven facilitados por un cierto modo de entenderla. En la segunda sección propongo que una manera fructífera de estudiar la participación política (...) es a través de los problemas que la inclusión en los procesos colectivos formales de decisión política democrática acarrea para determinadas personas y colectivos, en el marco de sistemas de dominación estructural. Por último, presento brevemente los diferentes trabajos que componen este número especial. (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 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)

Two interlocutors, Philip Pettit and a student, are exchanging views on liberal political and economic philosophy during lunch at Prospect House, the faculty club of Princeton. The dialogue begins with clarifications of the notion of liberty, and, against objections of the student, Pettit introduces and defends his own conception of freedom as non-domination rather than as non-interference. It proceeds with an exchange of arguments regarding the different kinds of institutional settings that entrench liberty and all the other things valued by (...) humans. The interlocutors reach a preliminary consensus that in order to substantiate the republican ideal of freedom as non-domination in concrete institutional realities, two things are required: the establishment of a mixed constitution – so that no single, unconstrained body can exercise lawmaking and other government functions – as well as eternal vigilance on the part of the citizens. The second part of the dialogue deals with a major challenge to the republican political philosophy expressed by the student: the issue of non-domination in markets, which is diagnosed as an important lacuna in republican thought. (shrink)

This article reconstructs Adam Smith’s contribution to the conversation on the nature and value of free government in the eighteenth century. Smith contributes to this conversation in two ways. First, by embedding the idea of free government in a narrative of the progress of government, which traces the interplay between natural progress and social circumstances, and culminates in the establishment of modern free government in Britain. Second, by offering a theory of the form of free government fit for modern commercial (...) states. Drawing on the “rational system of liberty” established in Britain, the Smithian model of free government is based on a “happy mixture” of republicanism and monarchism. Looking beyond the rational system, it merges the traditional concern for constitutional security against arbitrary power with a new science of policy intended to moderate the oppressive inclinations of legislators. The article contests Duncan Forbes’ reading of Smith as questioning the relation between individual liberty and free government, and brings Smith closer to Quentin Skinner’s work on the neo-Roman understanding of liberty. It suggests that Smith’s work may offer insight into some of the ways in which neo-Roman ideas were being creatively reformulated in the eighteenth century. (shrink)

This essay takes as its starting point an apparent tension between theories of democratic deliberation and democratic theories of multicultural accommodation and makes the case that many multiculturalists and deliberative democrats converge on an ideal of political freedom, understood as nondomination. It argues for distinguishing two dimensions of nondomination: inter-agentive nondomination, which obtains when all participants in a power relation are free from rule by others who can set its terms, and systemic nondomination, which obtains when the terms of a (...) power relation itself are responsive to those they affect. Because inter-agentive and systemic nondomination do not covary, it is critical to distinguish between them, in order to build institutions and practices that promote both. (shrink)

In this paper I offer a non-ideal analysis of a series of theoretical problems affecting liberalism, which have bearing on liberal discourses in today’s concrete political practices with de-democratizing consequences, including the instrumentalization of liberalism by neoconservative actors. I use Benjamin Constant’s attitude towards slavery as case study to show that liberalism is culpably ignorant of many structural injustices, and that this is so because of its basic thesis that the main oppression is the one the state and the political (...) community exert of the individual. The centrality of this oppression makes liberalism unable to give oppressions exerted within the web of social relations a proper place in its own theory. (shrink)

A timeless critique holds that the radical is animated by a deep sense of certainty that leads to the worst excesses. By distinguishing essentialist and non-essentialist forms of radicalism, Ernesto Laclau offers a “coalitional” form of radicalism that, in effect, responds to this critique. Laclau deconstructs classical forms of radicalism, such as Marxism, to show how one can use some of their formal components, such as dichotomic rhetoric and a notion of utopia, without assuming that their particular content (e.g., the (...) figure of the proletarian or the socialist utopia) entails the permanent abolition of oppression. Laclau’s radicalism enables political actors to build their own radical front by politicizing and creating linkages between issues. Laclau thus avoids the epistemic certainty of classical radicalisms. However, in the interest of politically effective radicalism, he deploys a localized form of certainty that has an ambivalent potential for intolerance and violence. (shrink)

The legacy of George W. Bush will probably be associated with the President’s infallibly certain style of visionary leadership and his specific vision of a ‘Freedom Agenda’. According to this vision, the United States must spread democracy to all people who desire liberty and vanquish those tyrants and terrorists who despise it. Freedom is universally valued, and the United States is everywhere perceived as freedom’s protector and purveyor. So, the mission of the Freedom Agenda is to guard existing freedoms as (...) well as spread the democratic political system to those countries lacking comparable freedoms. Recent analyses of the Bush Freedom Agenda examine its roots in realist foreign policy and neoconservative political thought. In this paper, I take a different approach, connecting the Freedom Agenda to the ideas of two philosophers: (i) Isaiah Berlin’s notion of positive-negative liberty and (ii) John Dewey’s concept of freedom as a function of culture. My central claim is that when compared with the ideas of Berlin and Dewey, the Freedom Agenda is a faulty construct, both conceptually and practically, for understanding America’s role in global affairs. The Freedom Agenda proves to be neither conservative nor universal. Nevertheless, it constitutes an essential element of George W. Bush’s legacy, a vision of American purpose in a threatening and divisive world. (shrink)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. Our (...) aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

This is an interview by the Erasmus Journal for Philosophy and Economics with Ian Carter. The interview covers Carter's intellectual biography; his extensive writings on the measurement and value of freedom; his reflections on the use of formal methods in philosophical work on freedom and in political philosophy more broadly; his more recent work on basic equality and respect for persons; and, finally, his advice to young scholars.

ABSTRACT The paper challenges the general perception that the positive–negative freedom discourse privileges negative liberty. It demonstrates that Constant and Berlin’s dual freedom conceptual scheme contains the blueprint of a modern concept of positive freedom and it reveals the nature of negative freedom in an entirely new light. Constant’s ancient and modern liberties have many similarities with Berlin’s two concepts of freedom – positive and negative. The paper shows that these similarities warrant a parallel study and allow us to examine (...) the relation between the two sides of the freedom dichotomy by using the compound terms modern/negative and ancient/positive freedom. It is argued that understanding the relation between the two freedoms depends on accepting ancient/positive liberty as practiced by the participants of modern revolutions. Then we can see why this freedom can both violate and complement modern/negative freedom. The paper argues that the combined tension and mutual dependency of the two freedoms can be explained by tapping into a metaphysical study of human agency, where metaphysics is understood as conceptualisation of moral experience. This helps demonstrate why Constant’s modern liberty and Berlin’s negative liberty rely on satisfaction as a key category reflecting individuals’ capacity for subjective judgement. (shrink)

ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern liberty. Boxed into their irreconcilably (...) opposed alternatives, both binary perspectives fail to appreciate that Constant's conception of modern liberty is a complex achievement irreducible without loss to either liberal negative liberty as non-interference or republican freedom as non-domination. Nor does combining liberal negative freedom and positive freedom (in the sense of ancient liberty), as Holmes well establishes, adequately tells the whole story of Constant's modern liberty. As a complex achievement, Constant's conception of modern liberty, I shall argue, blends negative freedom as associated with neo-Roman republican freedom as non-subjection to arbitrary power, negative freedom as non-interference, associated with the liberal tradition, positive freedom in the sense of inner self-development, and positive freedom as collective self-government or civic republican freedom. (shrink)

Isaiah Berlin made the distinction between negative liberty and positive liberty. Since then, prominent contemporary philosophers including Charles Taylor and Martha Nussbaum have declared negative liberty insufficient or incoherent. This is a critique of those declarations, which have been unduly accepted to a large extent. The critique primarily focuses on Taylor, who made the most direct and complete argument against negative liberty. His argument is shown to be ineffective. And further, his conception of positive liberty is shown to be incoherent.

The Zhuangzi, a 4th century BCE Chinese text, is optimistic about life unrestrained by entrenched values. This paper contributes to existing debates on Zhuangzian freedom in three ways. First, it reflects on how it is possible to enjoy the freedom envisaged in the Zhuangzi. Many discussions welcome the Zhuangzi’s picture of release from life shaped by canonical visions, without also giving thought to life without these driving visions. Consider this scenario: in a world with limitless possibilities, would it not be (...) fraught, not knowing how to interpret situations? I suggest that freedom in the Zhuangzi is possible only if one succeeds in reorienting herself to the new ‘normal’. Second, I introduce and develop the idea of working with constraints. This focuses on an agent's maximizing the fit between relevant conditions, on the one hand, and their capabilities, on the other. Finally, I propose that self-directed practice, an important expression of agency, is required for building capabilities that enable such freedom. I examine the idea of risk involved in these firsthand experiences, articulating an account of agency that sits at the heart of hard-won Zhuangzian freedom. (shrink)

The Zhuangzi, a 4th century BCE Chinese text, is optimistic about life unrestrained by entrenched values. This paper contributes to existing debates on Zhuangzian freedom in three ways. First, it reflects on how it is possible to enjoy the freedom envisaged in the Zhuangzi. Many discussions welcome the Zhuangzi’s picture of release from life shaped by canonical visions, without also giving thought to life without these driving visions. Consider this scenario: in a world with limitless possibilities, would it not be (...) fraught, not knowing how to interpret situations? I suggest that freedom in the Zhuangzi is possible only if one succeeds in reorienting herself to the new ‘normal’. Second, I introduce and develop the idea of working with constraints. This focuses on an agent's maximizing the fit between relevant conditions, on the one hand, and their capabilities, on the other. Finally, I propose that self-directed practice, an important expression of agency, is required for building capabilities that enable such freedom. I examine the idea of risk involved in these firsthand experiences, articulating an account of agency that sits at the heart of hard-won Zhuangzian freedom. (shrink)

While both Isaiah Berlin and William James are widely seen as pluralists, this paper contends that neither is a pluralist tout court. Berlin certainly is a pluralist when it comes to morality and politics, but he is a monist when it comes to nature. And James is, paradoxically, both a pluralist and a monist as regards all of reality. These claims are advanced by showing how both thinkers’ approaches contrast with those of monists, not least Plato, Hegel, and Nietzsche. They (...) are also shown to be associated with different narrative genres: tragedy in Berlin’s case, and tragicomedy in James’. The paper then concludes with a brief discussion of an alternative approach, one that treads a path in between monism and pluralism and, because of this, favours a particular form of comedy. (shrink)

Although the idea of freedom has been well studied as an ideal in political philosophy, relatively little scholarship has focused on the human experience of freedom. Drawing on ethnographic research between 2012 and 2013, I examine how freedom was achieved by people who practice freeganism and freecycling in Hong Kong. I show that the freedom that these people pursue, either individually or collectively, is not a freedom without constraints but a freedom that must be attained through the exercise of deliberation, (...) restraint, and self-discipline. While freegans seek liberation by withdrawing from the world and practicing self-cultivation (chushi asceticism), freecyclers do so by engaging with worldly affairs in order to create social changes (rushi asceticism). In both cases, by reimagining freedom as ethical practices rather than a right that comes naturally with birth, freegans and freecyclers in Hong Kong are able to experience moments of freedom despite inevitable structural constraints. (shrink)

What is 'positive freedom'? Whereas negative freedom may be characterised as an absence of coercion or physical prevention, and republican freedom as an absence of interpersonal domination, positive freedom resists such pithy treatment. The term is widely taken to refer to a variety of seemingly distinct goods, including but not limited to actually exercisable options or capabilities, collective self-determination, psychological self-government, and self-realisation or flourishing. In this paper I aim to bring the positive conception into better focus by tracing the (...) positive tradition through some of its twists and turns, and considering in what ways it might qualify as a single tradition. Drawing on the lessons of this survey, I then suggest a way of thinking about the nature of positive freedom that’s both principled and historically informed. (shrink)

Most Western democracies and international institutions have currently adopted a range of policies aimed at regulating hate speech. However, the kinds of target groups that hate speech regulations seek to protect have not been clearly defined yet. In a series of publications, Eric Heinze has challenged the coherence of such regulations. His core thesis is that hate speech laws have simply no place in longstanding, stable, and prosperous democracies. In this paper, I examine the three main charges Heinze raises against (...) hate speech laws—namely, discriminatory selectivity, impermissible censorship, and arbitrariness—and I seek to demonstrate that none of them can withstand critical analysis. (shrink)

Isaiah Berlin viewed value conflict as tragic, as it requires the sacrifice of some values for others. It is a mark of maturity, he thought, to accept this tragic truth. This view raises certain conceptual problems that can be attributed to Berlin’s subtle departures from the German authors (Kant, Schelling, and Hegel) who originated the doctrine of tragic maturity—figures who had, in turn, transformed the earlier idea that enlightenment is a natural and morally neutral process of maturation. Kant moralized the (...) notion of enlightened maturation by portraying it as contingent on our courage to bring it about, such that we are responsible if we remain immature. This theory of maturity rested on the idea, which would have been uncongenial to Berlin, that we are intelligible creatures inhabiting the noumenal realm, duty bound to exercise moral freedom, even though this duty surpasses our ability to carry it out, as we also inhabit the phenomenal realm, where our natural inclinations tend to make us resist laboring to fulfill our duties. However, according to Kant, the metaphysical limitations we face as individuals can be transcended to an extent, allowing us to make moral progress as a species—so long as we do not lazily persist in our immaturity. Schelling built upon Kant’s notion of freedom to bring out the tragic and heroic dimension of individual moral life, where the tragedy is our doomed but noble struggle to exert moral freedom in a world of natural necessity. Hegel turned these metaphysical notions in a more recognizably Berlinian direction by extending Schelling’s account of tragic conflict to conflicts of values. But he identified the ultimate tragic hero as an ethical totality that enacts eternal justice by reconciling such conflicts, while Berlin attempted to repudiate both the notion of a historical totality and the possibility of reconciliation on empirical grounds, even though these are metaphysical claims. Thus, Berlin asserted the absolute, trans-historical necessity of tragic value conflict, while the evidence for this assertion was merely his personal conviction that in his particular time and place, specific values were, as a matter of empirical fact, tragically irreconcilable. In this manner he illicitly portrayed Cold War value pluralists (such as himself) as courageously accepting the tragic inevitability of value conflict, while Marxists, the legatees of Hegel and thus German Idealism, immaturely shrank from this reality by embracing the fantasy of total reconciliation. (shrink)

El liberalismo de Carlos S. Nino evolucionó desde sus primeros trabajos vinculados al derecho penal, hacia la construcción de una teoría de la democracia deliberativa. Desde sus comienzos, siguiendo a los autores liberales clásicos como John Stuart Mill, hasta el final en donde adhirió a un liberalismo igualitario, hubo construcciones que acompañaron este proceso, como el concepto de autonomía personal, y también ciertos ideales morales, como un oposición concreta al perfeccionismo. El texto presenta al liberalismo de Nino al comienzo y (...) al final de su obra para mostrar que el antiperfeccionismo originado en el liberalismo clásico que servía de base para construir su concepción de la autonomía, se mantuvo inalterado durante todo este proceso de evolución dificultando la compatibilización de su teoría de la responsabilidad penal con su teoría de la democracia deliberativa, orientada hacia el liberalismo igualitario. (shrink)

While agreeing with Bergès on the importance for philosophy of reading the works of women such as Roland, Gouges, and Grouchy, her account of them as committed to the concept of liberty as non-domination, articulated by Philip Pettit, is questioned. It is argued that their views are more accurately described as involving a commitment to the tradition of positive liberty, that was criticised by Berlin in his famous essay ‘Two Concepts of Liberty’. The republican writings of Catharine Macaulay are shown (...) to be part of the context in which these women wrote, and similarities between her philosophical outlook, which involves a clear commitment to positive liberty, and the positions developed by the French authors are explored. It is argued that, in general, it is methodologically problematic to uncritically apply concepts that were developed by intellectual historians who failed to include works written by women in their histories, in order to understand the philosophical commitments of neglected works by such women. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

ABSTRACT Isaiah Berlin’s criticisms of positive liberty are often read as mere artefacts of his Cold War context. But are they good criticisms? This article evaluates Berlin’s three main worries about positive liberty—the inner-citadel worry, the moralization worry, and the tyranny worry. I find that while they may be reasonable worries to have about any concept of liberty, they are not compelling criticisms of positive liberty in particular.

Contents 1 Introduction / 2 The Timaeus on dignity: the Demiurge’s speech / 3 Justice as a virtue / 4 The content of just actions / 5 Justice of the law and justice of the state / 6 Equality / 7 Some key issues in Plato’s conception of justice / 7.1 What is more excellent—justice of the soul or justice of action? / 7.2 Which activity is best and what is its best object? / 7.2. Just actions over contemplation / (...) 7.2. The Timaeus and Plato’s teaching on justice / 7.2. The elderly Cephalus on justice: foreword as epilogue / 7.3 The sharing of wives: testing the interpretation on a ‘hard case’ / 8 Conclusions. (shrink)

In this paper, I offer an indirect argument for the Access Theory of privacy. First, I develop a new version of the rival Control Theory that is immune to all the classic objections against it. Second, I show that this new version of the Control Theory collapses into the Access Theory. I call the new version the ‘Negative Control Account’. Roughly speaking, the classic Control Theory holds that you have privacy if, and only if, you can control whether other people (...) know personal information about you. Critics of the Control Theory often give counterexamples, where privacy is either not diminished even though the claimant has lost control, or where privacy is diminished even though the claimant is in control. I argue that none of these alleged counterexamples work against the Negative Control Account. However, this is not a victory for the control theorist, because the Negative Control Account collapses into the Access Theory. The paper thus adds to the recent trend in the literature of favoring the Access Theory over the Control Theory. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing liberty does not contribute towards their (...) subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

The notion of coolness is connected with a broad range of different meanings that involve personal attitude, taste, fashion choices but also the recognition of uniqueness and authenticity by others. Moreover, coolness is related to self-confidence and imperturbability, as the usual historical reconstructions of its meaning show. In fact, the manifestation of subjective invulnerability is the expression of the general need to avoid any weakness that could challenge one’s own autonomy through other people’s gaze. In other words, the opposite of (...) cool is to be excessively self-conscious, too dependent on the approval of others, and to be exposed and vulnerable to external judgment. Taking cues from these different meanings, this contribution will try to argue how the need for individual autonomy, social recognition and aesthetic fulfilment are closely intertwined in the practices of coolness, defined as acts of “self-construction” and, in particular, as aesthetic self-fashioning. From this perspective, it will be argued that even the most frivolous search for coolness as a stylistic attitude in everyday’s aesthetic domain like fashion, consumption and lifestyle, plays a role in the dynamics of self-assertion and becomes an instrument for recognition and autonomy. (shrink)

In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions (...) of the two accounts on a test case, to see which account best explains the violation that occurs in the case. The test turns out in favor of the control account. (shrink)

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (shrink)

The name ‘pluralism’ frequently rears its head in political philosophy, but theorists often have different things in mind when using the term. Whereas ‘reasonable pluralism’ refers to the fact of moral diversity among citizens of a liberal democracy, ‘value pluralism’ is a metaethical view about the structure of moral practical reasoning. In this paper, I argue that value pluralism is part of the best explanation for reasonable pluralism. However, I also argue that embracing this explanation is compatible with political liberalism’s (...) commitment to avoiding controversial premises. According value pluralism an explanatory role does not entail according it a justificatory one. What’s more, explaining reasonable disagreement in terms of reasonable disagreement about value weights opens up space for direct appeal to substantive values within political liberalism. In particular, promoting a substantive political value when doing so does not conflict with other values is unproblematic. (shrink)

The article presents the conceptual groundwork for an understanding of the essentially improvisational dimension of human rationality. It aims to clarify how we should think about important concepts pertinent to central aspects of human practices, namely, the concepts of improvisation, normativity, habit, and freedom. In order to understand the sense in which human practices are essentially improvisational, it is first necessary to criticize misconceptions about improvisation as lack of preparation and creatio ex nihilo. Second, it is necessary to solve the (...) theoretical problems that derive from misunderstandings concerning the notions of normativity, habit, and freedom – misunderstandings that revolve around the idea that rationality is a form that is developed out of itself and thus works in a way similar to algorithms. One can only make sense of normativity, habit, and freedom if one understands that they all involve conflictual relationships with the world and with others, which in turn enables one to adequately take into account their constitutive connection to improvisation, properly understood. In outlining these conceptual connections, we want to prepare the foundations for an explanation of rational practices as improvisational practices. The article concludes by stating that human rational life is improvisatory because the conditions of human practice arise out of practice itself. (shrink)

What do the victims of tyranny owe each other? In this paper, I examine whether they can be condemned for betraying their friends, and I do so through a novel interpretation of Judith Shklar’s political thought. Shklar is a widely acknowledged and significant influence on non-ideal theory and political realism. However, there is also a previously unnoticed transformation between her early and mature work, for although she remains a sceptic her approach to moral conflict changes from value pluralism to value (...) monism. In addition, it is only in her mature work, as a monist, she believes tyranny cancels obligations of justice. I argue here that Shklar’s monism fails, and this in turn has important implications for political realism and non-ideal theory. While attention has been focused on developing a sceptical critique of ideal theory, this interpretation of Shklar’s work illustrates that greater awareness is needed of the pitfalls of monist strands of scepticism. (shrink)

Some Confucian scholars have recently claimed that Confucian political meritocracy is superior to Western democracy. I have great reservations about such a view. . . .

Mill’s Liberty Principle aims to protect ‘social’ freedom, which is traditionally understood as negative freedom. I argue that Mill’s conception of social freedom does not comfortably fit even a moralized conception of negative freedom, and that individuality, an ideal fundamental to On Liberty, is a robustly positive type of freedom. This raises the question of whether protecting social freedom involves an egalitarian, progressive state that ambitiously strives to create the social conditions of individuality. I consider the case for an affirmative (...) answer to that question, then argue that the ideal of individuality itself blocks interventions that some contemporary egalitarian, progressive liberals consider at least consistent with the Liberty Principle. These include autonomy-enhancing paternalism, and outright prohibition of as opposed to time, place, and manner regulation of the expression of some opinions that adversely affect protected minorities. Though not libertarian, the Liberty Principle is not an expression of this type of egalitarian liberalism, as evidenced inter alia by Mill’s emphatic rejection of state control of education, and his categorical case against prohibiting the expression of even the most extreme and insidious opinions. (shrink)

My argument in this paper is that Charles Taylor’s view of liberty and ethics unites Isaiah Berlin’s liberal pluralism with Elizabeth Anscombe’s virtue ethics. Berlin identifies, in “Two Concepts of Liberty,” a tradition of negative liberty advocated by figures like Locke and Mill. He maintains that this concept of liberty is unique to modernity, and it is the form of liberty best suited to the political sphere. The much older concept of positive liberty, which is found in ancient philosophers like (...) Plato and Aristotle, as well as modern thinkers like Hegel, Berlin regards as ill-suited to the political sphere. Anscombe, in “Modern Moral Philosophy,” specifically identifies and criticizes the Anglo-Saxon tradition of moral philosophy. Utilitarian thinkers like Mill are, for Anscombe, consequentialists. The virtue ethics of Aristotle gives a basis for the intrinsic goodness and badness of actions not in sentiment but reason. Charles Taylor draws upon the views of both thinkers. He advocates a liberal pluralism in a manner comparable to Berlin. However, Taylor strongly emphasizes, with Anscombe, that the most complete conception of ethical and political life must be rooted in virtue ethics and positive liberty. Thus, Taylor’s views constitute a synthesis of the approaches of his two mentors. (shrink)