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A Measure of Freedom

(ed.)
Oxford University Press (1999)

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  1. Green Libertarianism.Garvan Walshe - 2014 - Ethical Theory and Moral Practice 17 (5):955-970.
    People evolved as part of an ecosystem, making use of the Earth’s bounty without reflection. Only when our ancestors developed the capacity for moral agency could we begin to reflect on whether we had taken in excess of our due. This outlines a ‘green libertarianism’ in which our property rights are grounded in fundamental ecological facts. It further argues that it is immune from two objections levelled at right- and left- libertarian theories of acquisition: that Robert Nozick, without justification, divided (...)
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  • Freedom and oppression.Claire Grant - 2013 - Politics, Philosophy and Economics 12 (4):413-425.
    Oppression is commonly deemed a problem of freedom. How though should we conceptualise the freedom-restricting nature of oppression? This paper aims to show that the unfreedom in oppression may be understood in terms of individual negative liberty. The controversial concept of collective unfreedom is not needed. Non-cooperation among the oppressed generates constraints on individual freedom. This non-cooperation is ultimately attributable to the exercise of social power by oppressors. It is in this sense that the resultant states of individual unfreedom are (...)
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  • An Anatomy of Moral Responsibility.M. Braham & M. van Hees - 2012 - Mind 121 (483):601-634.
    This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...)
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  • Kant, Ripstein and the Circle of Freedom: A Critical Note.Laura Valentini - 2012 - European Journal of Philosophy 20 (3):450-459.
    Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...)
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  • Non-domination and pure negative liberty.Michael David Harbour - 2011 - Politics, Philosophy and Economics 11 (2):186-205.
    The central insights of Philip Pettit’s republican account of liberty are that (1) freedom consists in the absence of domination and (2) non-domination is not reducible to what is commonly called ‘negative liberty’. Recently, however, Matthew Kramer and Ian Carter have questioned whether the harms identified by Pettit under the banner of domination are not equally well accounted for by what they call the ‘pure negative’ view. In this article, first I argue that Pettit’s response to their criticism is problematic (...)
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  • Human Rights, Individualism and Cultural Diversity.Rowan Cruft - 2005 - Critical Review of International Social and Political Philosophy 8 (3):265-287.
    Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...)
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  • (1 other version)Philosophy of economics.Daniel M. Hausman - 2008 - Stanford Encyclopedia of Philosophy.
    This is a comprehensive anthology of works concerning the nature of economics as a science, including classic texts and essays exploring specific branches and schools of economics. Apart from the classics, most of the selections in the third edition are new, as are the introduction and bibliography. No other anthology spans the whole field and offers a comprehensive introduction to questions about economic methodology.
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  • Why economists should be unhappy with the economics of happiness.Pierluigi Barrotta - 2008 - Economics and Philosophy 24 (2):145-165.
    The economics of happiness is an influential research programme, the aim of which is to change welfare economics radically. In this paper I set out to show that its foundations are unreliable. I shall maintain two basic theses: (a) the economics of happiness shows inconsistencies with the first person standpoint, contrary claims on the part of the economists of happiness notwithstanding, and (b) happiness is a dubious concept if it is understood as the goal of welfare policies. These two theses (...)
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  • Freedom and harmony.Philip Pettit - 2022 - In Chenyang Li & Dascha Düring (eds.), The Virtue of Harmony. New York, NY: Oxford University Press.
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  • Freedom in Political Philosophy.Andreas T. Schmidt - 2022 - Oxford Research Encyclopedias.
    Freedom is among the central values in political philosophy. Freedom also features heavily in normative arguments in ethics, politics, and law. Yet different sides often invoke freedom to establish very different conclusions. Some argue that freedom imposes strict constraints on state power. For example, when promoting public health, there is a limit on how far the state can interfere with individual freedom. Others, in contrast, argue that freedom is not just a constraint but also an important goal of state power (...)
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  • Four Conceptions of Liberty as a Political Value.Duncan Ivison - 2023 - In Dimitrios Karmis & Jocyn Maclure (eds.), Civic Freedom in an Age of Diversity. pp. 393-411.
    What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...)
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  • (1 other version)The Diagnostic Value of Freedom.Nicolas Côté - 2022 - Journal of Value Inquiry:1-20.
    This paper aims to draw attention to an important but underappreciated aspect of the instrumental value of freedom: its diagnostic value. This is the value freedom has insofar as it makes it possible for us to discover ourselves and improve ourselves in our capacity to make value judgements. Diagnostic value, I argue, has an important role to play in explaining the value we attach to freedom. Accordingly, this paper is aimed at elucidating this concept, examining its relevance to our lives, (...)
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  • Freedom as Non-domination, Robustness, and Distant Threats.Alexander Bryan - 2021 - Ethical Theory and Moral Practice 24 (4):889-900.
    It is a core feature of the conception of freedom as non-domination that freedom requires the absence of exposure to arbitrary power across a range of relevant possible worlds. While this modal robustness is critical to the analysis of paradigm cases of unfreedom such as slavery, critics such as Gerald Gaus have argued that it leads to absurd conclusions, with barely-felt constraints appearing as sources of unfreedom. I aim to clarify the demands of the modal robustness requirement, and offer a (...)
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  • Philosophical Investigation Series: Selected Texts on Political Philosophy / Série Investigação Filosófica: Textos Selecionados de Filosofia Política.Everton Maciel (ed.) - 2021 - Pelotas: Editora da UFPel / NEPFIL Online.
    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 (...)
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  • Distinguishing value-neutrality from value-independence: toward a new disentangling strategy for moral epistemology.Lubomira V. Radoilska - 2022 - In Mark McBride & Visa A. J. Kurki (eds.), Without Trimmings: The Legal, Moral, and Political Philosophy of Matthew Kramer. Oxford, United Kingdom: Oxford University Press.
    This chapter outlines a new disentangling strategy for moral epistemology. It builds on the fundamental distinction between value-neutrality and value-independence as two separate aspects of methodological austerity introduced by Matthew Kramer. This type of conceptual analysis is then applied to two major challenges in moral epistemology: globalised scepticism and debate fragmentation. Both challenges arise from collapsing the fact/value dichotomy. They can be addressed by comprehensive disentangling that runs along both dimensions – value neutrality vs. value non-neutrality and value independence vs. (...)
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  • Does a Mugger Dominate? Episodic Power and the Structural Dimension of Domination.Dorothea Gädeke - 2019 - Journal of Political Philosophy 28 (2):199-221.
    Imagine you are walking through a park. Suddenly, a mugger points a gun at you, threatening to shoot you if you do not hand over your valuables. Is this an instance of domination? Many authors working within the neo-republican framework - including Philip Pettit himself - are inclined to say 'yes'. After all, the mugger case seems to be a paradigmatic example of what it means to be at someone's mercy. However, I argue that this conclusion is based on a (...)
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  • A Brief History of Liberty--And Its Lessons.Philip Pettit - 2016 - Journal of Human Development and Capabilities 17:5-21.
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  • Gruesome Freedom: The Moral Limits of Non-Constraint.John Lawless - 2018 - Philosophers' Imprint 18.
    Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as non-interference unifies these (...)
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  • Noumenal Power, Reasons, and Justification: A Critique of Forst.Sameer Bajaj & Enzo Rossi - 2019 - In Ester Herlin-Karnell & Matthias Klatt (eds.), Constitutionalism Justified: Rainer Forst in Discourse. New York: Oxford University Press, Usa.
    In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any exercise of power. (...)
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  • Agency in Social Context.John Lawless - 2017 - Res Philosophica 94 (4):471-498.
    Many political philosophers argue that interference (or vulnerability to interference) threatens a person’s agency. And they cast political freedom in opposition to interpersonal threats to agency, as non-interference (or non-subjection). I argue that this approach relies on an inapt model of agency, crucial aspects of which emerge from our relationships with other people. Such relationships involve complex patterns of vulnerability and subjection, essential to our constitution as particular kinds of agents: as owners of property, as members of families, and as (...)
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  • Loss of Epistemic Self-Determination in the Anthropocene.Ian Werkheiser - 2017 - Ethics, Policy and Environment 20 (2):156-167.
    One serious harm facing communities in the Anthropocene is epistemic loss. This is increasingly recognized as a harm in international policy discourses around adaptation to climate change. Epistemic loss is typically conceived of as the loss of a corpus of knowledge, or less commonly, as the further loss of epistemic methodologies. In what follows, I argue that epistemic loss also can involve the loss of epistemic self-determination, and that this framework can help to usefully examine adaptation policies.
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  • Agency and Inner Freedom.Michael Garnett - 2017 - Noûs 51 (1):3-23.
    This paper concerns the relationship between two questions. The first is a question about inner freedom: What is it to be rendered unfree, not by external obstacles, but by aspects of oneself? The second is a question about agency: What is it to fail at being a thing that genuinely acts, and instead to be a thing that is merely acted upon, passive in relation to its own behaviour? It is widely believed that answers to the first question must rest (...)
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  • Withdrawing Versus Withholding Freedoms: Nudging and the Case of Tobacco Control.Andreas T. Schmidt - 2016 - American Journal of Bioethics 16 (7):3-14.
    Is it a stronger interference with people's freedom to withdraw options they currently have than to withhold similar options they do not have? Drawing on recent theorizing about sociopolitical freedom, this article identifies considerations that often make this the case for public policy. However, when applied to tobacco control, these considerations are shown to give us at best only very weak freedom-based reason to prioritize the status quo. This supports a popular argument for so-called “endgame” tobacco control measures: If we (...)
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  • Why Animals Have an Interest in Freedom.Andreas T. Schmidt - 2015 - Historical Social Research 40 (4):92-109.
    Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...)
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  • Justice for Hedgehogs, Conceptual Authenticity for Foxes: Ronald Dworkin on Value Conflicts.Jack Winter - 2016 - Res Publica 22 (4):463-479.
    In his 2011 book Justice for Hedgehogs, Ronald Dworkin makes a case for the view that genuine values cannot conflict and, moreover, that they are necessarily mutually supportive. I argue that by prioritizing coherence over the conceptual authenticity of values, Dworkin’s ‘interpretivist’ view risks neglecting what we care about in these values. I first determine Dworkin’s position on the monism/pluralism debate and identify the scope of his argument, arguing that despite his self-declared monism, he is in fact a pluralist, but (...)
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  • In defence of good simpliciter.Rach Cosker-Rowland - 2016 - Philosophical Studies 173 (5):1371-1391.
    Many including Judith Jarvis Thomson, Philippa Foot, Peter Geach, Richard Kraut, and Paul Ziff have argued for good simpliciter skepticism. According to good simpliciter skepticism, we should hold that there is no concept of being good simpliciter or that there is no property of being good simpliciter. I first show that prima facie we should not accept either form of good simpliciter skepticism. I then show that all of the arguments that good simpliciter skeptics have proposed for their view fail (...)
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  • (1 other version)Freedom: psychological, ethical, and political.Philip Pettit - 2015 - Critical Review of International Social and Political Philosophy 18 (4):375-389.
    Freedom is sometimes cast as the psychological ideal that distinguishes human beings from other animals; sometimes as the ethical ideal that distinguishes some human beings from others; and sometimes as the political ideal that distinguishes some human societies from others. This paper is an attempt to put the three ideals in a common frame, revealing their mutual connections and differences.
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  • Freedom, recognition and non-domination: a republican theory of (global) justice.Fabian Schuppert (ed.) - 2013 - New York: Springer.
    This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...)
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  • Risk and distributive justice: The case of regulating new technologies.Maria Paola Ferretti - 2010 - Science and Engineering Ethics 16 (3): 501-515.
    There are certain kinds of risk for which governments, rather than individual actors, are increasingly held responsible. This article discusses how regulatory institutions can ensure an equitable distribution of risk between various groups such as rich and poor, and present and future generations. It focuses on cases of risk associated with technological and biotechnological innovation. After discussing various possibilities and difficulties of distribution, this article proposes a non-welfarist understanding of risk as a burden of cooperation.
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  • Technology as Driver for Morally Motivated Conceptual Engineering.Herman Veluwenkamp, Marianna Capasso, Jonne Maas & Lavinia Marin - 2022 - Philosophy and Technology 35 (3):1-25.
    New technologies are the source of uncertainties about the applicability of moral and morally connotated concepts. These uncertainties sometimes call for conceptual engineering, but it is not often recognized when this is the case. We take this to be a missed opportunity, as a recognition that different researchers are working on the same kind of project can help solve methodological questions that one is likely to encounter. In this paper, we present three case studies where philosophers of technology implicitly engage (...)
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  • (1 other version)Responding to Covid-19 in India: Reducing Risk or Increasing Domination?Kritika Maheshwari - 2022 - In Jens O. Zinn & Patrick Brown (eds.), Covid-19 and the Sociology of Risk and Uncertainty. Palgrave-Macmillan. pp. 29-52.
    During times of emergency like the pandemic itself, governments are often seen as exercising “exceptional power”. Given the state of growing urgency in responding to the pandemic, there is a worry that governments may resort to exercising their exceptional power arbitrarily—either willingly, unintentionally or perhaps even negligently. When power is exercised by states or even by non-state actors arbitrarily over a person or group, that is, at their own will in the absence of appropriate institutional checks and balances, republican theorists (...)
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  • Domination and enforcement: The contingent and non-ideal relation between state and freedom.Daniel Guillery - 2020 - Politics, Philosophy and Economics 19 (4):403-423.
    It is common to think that state enforcement is a restriction on freedom that is morally permitted or justified because of the unfortunate circumstances in which we find ourselves. Human frailty and material scarcity combine to make the compromise of freedom involved in exclusive state enforcement power necessary for other freedoms or other goods. In the words of James Madison, ‘if men were angels, no government would be necessary’ (1990: 267). But there is an opposing tradition, according to which the (...)
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  • Systemic domination, social institutions and the coalition problem.Hallvard Sandven - 2020 - Politics, Philosophy and Economics 19 (4):382-402.
    This article argues for a systemic conception of freedom as non-domination. It does so by engaging with the debate on the so-called coalition problem. The coalition problem arises because non-domination holds that groups can be agents of (dominating) power, while also insisting that freedom be robust. Consequently, it seems to entail that everyone is in a constant state of domination at the hands of potential groups. However, the problem can be dissolved by rejecting a ‘strict possibility’ standard for interpreting non-domination’s (...)
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  • Freedom without law.Harrison P. Frye - 2017 - Politics, Philosophy and Economics 17 (3):298-316.
    Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This article challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, (...)
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  • Group Freedom: A Social Mechanism Account.Frank Hindriks - 2017 - Philosophy of the Social Sciences 47 (6):410-439.
    Many existing defenses of group rights seem to rely on the notion of group freedom. To date, however, no adequate analysis of this notion has been offered. Group freedom is best understood in terms of processes of social categorization that are embedded in social mechanisms. Such processes often give rise to group-specific constraints and enablements. On the proposed social mechanism account, group rights are demands for group freedom. Even so, group rights often serve to eradicate individual unfreedom. Furthermore, generic measures (...)
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  • Republican Dignity: The Importance of Taking Offence.Jan-Willem van der Rijt - 2009 - Law and Philosophy 28 (5):465-492.
    This paper analyses the republican notion of non-domination from the viewpoint of individual dignity. It determines the aspect of individual dignity that republicans are concerned with and scrutinises how it is safeguarded by non-domination. I argue that the notion of non-domination as it is formulated by Pettit contains a number of ambiguities that need to be addressed. I discuss these ambiguities and argue for specific solutions that place great importance on a person’s moral beliefs and his status as a moral (...)
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  • How changes in one's preferences can affect one's freedom (and how they cannot): A reply to dowding and Van hees.Ian Carter - 2008 - Economics and Philosophy 24 (1):81-96.
    How is a person's freedom related to his or her preferences? Liberal theorists of negative freedom have generally taken the view that the desire of a person to do or not do something is irrelevant to the question of whether he is free to do it. Supporters of the “pure negative” conception of freedom have advocated this view in its starkest form: they maintain that a person is unfree to Φ if and only if he is prevented from Φ-ing by (...)
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  • (1 other version)The freedom of collective agents.Frank Hindriks - 2007 - Journal of Political Philosophy 16 (2):165–183.
    Corporate freedom is the freedom of a collective agent to perform a joint action. According to a reductive account, a collective or corporate agent is free exactly if the individuals who constitute the corporate agent are free. It is argued that individual freedoms are neither necessary nor sufficient for corporate freedom. The alternative account proposed here focuses on the performance of the joint action by the corporate agent itself. Subsequently, the analysis is applied to Cohen’s (1983) analysis of proletarian freedom. (...)
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  • Causal Tests in Subjunctive Judgements About Negative Freedom.Ronen Shnayderman - 2014 - Res Publica 20 (2):183-197.
    This essay discusses a heretofore neglected dimension of one of the most important questions in the realm of political theory: which obstacles that stand in the way of our performing a certain action render us unfree to perform that action? This dimension is concerned with the issue of the causal test that a certain central kind of obstacle—i.e., subjunctive interference—has to pass in order to render us unfree. The aim of this essay is, first, to introduce this issue; and, second, (...)
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  • Slaves, Prisoners, and Republican Freedom.Fabian Wendt - 2011 - Res Publica 17 (2):175-192.
    Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...)
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  • Measuring freedom, and its value.Nicolas Cote - 2021 - Dissertation, London School of Economics
    This thesis concerns the measurement of freedom, and its value. Specifically, I am concerned with three overarching questions. First, can we measure the extent of an individual’s freedom? It had better be that we can, otherwise much ordinary and intuitive talk that we would like to vindicate – say, about free persons being freer than slaves – will turn out to be false or meaningless. Second, in what ways is freedom valuable, and how is this value measured? It matters, for (...)
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  • Qualitative Freedom and Cosmopolitan Responsibility.Claus Dierksmeier - 2018 - Humanistic Management Journal 2 (2):109-123.
    Resting as it does on the principle of freedom, today’s global economic system is in need of a global economic ethos of responsibility so as to assure its social and ecological sustainability. Not all ideas of freedom, however, are equally amenable to conceptions of cosmopolitan responsibilities. This article examines how quantitative versus qualitative notions of freedom respectively respond to this challenge. Simply put, quantitative models hinder the integration of responsibility into models of economic rationality whereas qualitative conceptions advance it. As (...)
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  • (1 other version)Persons or Property – Freedom and the Legal Status of Animals.Andreas T. Schmidt - 2017 - Journal of Moral Philosophy 15 (1):20-45.
    _ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply a (...)
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  • Working on the inside: Ronald Dworkin's moral philosophy. [REVIEW]M. H. Kramer - 2013 - Analysis 73 (1):118-129.
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  • An unresolved problem: freedom across lifetimes.Andreas T. Schmidt - 2017 - Philosophical Studies 174 (6):1413-1438.
    Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time but have failed to (...)
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  • The case for banning cigarettes.Kalle Grill & Kristin Voigt - 2016 - Journal of Medical Ethics 42 (5):293-301.
    Lifelong smokers lose on average a decade of life vis-à-vis non-smokers. Globally, tobacco causes about 5–6 million deaths annually. One billion tobacco-related deaths are predicted for the 21st century, with about half occurring before the age of 70. In this paper, we consider a complete ban on the sale of cigarettes and find that such a ban, if effective, would be justified. As with many policy decisions, the argument for such a ban requires a weighing of the pros and cons (...)
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  • Republican Dignity: The Importance of Taking Offence.Jan-Willem Van Der Rujt - 2009 - Law and Philosophy 28 (5):465-492.
    This paper analyses the republican notion of non-domination from the viewpoint of individual dignity. It determines the aspect of individual dignity that republicans are concerned with and scrutinises how it is safeguarded by non-domination. I argue that the notion of non-domination as it is formulated by Pettit contains a number of ambiguities that need to be addressed. I discuss these ambiguities and argue for specific solutions that place great importance on a person’s moral beliefs and his status as a moral (...)
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  • Ecosystem Services and the Value of Places.Simon P. James - 2016 - Ethical Theory and Moral Practice 19 (1):101-113.
    In the US Environmental Protection Agency, the World Wide Fund for Nature and many other environmental organisations, it is standard practice to evaluate particular woods, wetlands and other such places on the basis of the ‘ecosystem services’ they are thought to provide. I argue that this practice cannot account for one important way in which places are of value to human beings. When they play integral roles in our lives, particular places have a kind of value which cannot be adequately (...)
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  • Degrees of Causation.Matthew Braham & Martin van Hees - 2009 - Erkenntnis 71 (3):323 - 344.
    The primary aim of this paper is to analyze the concept of degrees of causal contribution for actual events and examine the way in which it can be formally defined. This should go some way to filling out a gap in the legal and philosophical literature on causation. By adopting the conception of a cause as a necessary element of a sufficient set (the so-called NESS test) we show that the concept of degrees of causation can be given clear and (...)
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  • Republican Theory and the EU: Emergency Laws and Constitutional Challenges.E. Herlin-Karnell - 2021 - Jus Cogens 3 (3):209-228.
    The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by (...)
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