Since its influential rendering by Rae Langton in her 1993 paper, “Speech Acts and Unspeakable Acts,” the “silencing argument” against pornography has become the subject of a lively debate that continues to this day. My intention in this paper is not to join in the existing debate, but to give a critical overview of it. In its current form, I suggest, it is going nowhere . Yet the silencing argument, I believe, nevertheless contains an indispensable insight—and more radical potential than (...) is usually acknowledged either by its defenders or its opponents. I argue that in order to preserve this insight and unleash its potential, we should begin by adopting the following motto: MacKinnon, not Austin! (shrink)

This paper is concerned with the practical importance of different forms of paternalism for educational theory and practice. Contrary to the traditional treatment of paternalism as a sometimes necessary and rather messy aspect of educational practices, I demonstrate that paternalism is to be regarded as an “indigenous concept” of educational theory and as the ‘indigenous model of justification’ that underlies the structure of educational practices. Based on an analysis of the intricate nexus between autonomy-oriented forms of paternalism and educational forms (...) of autonomy-based perfectionism I furthermore argue that a perfectionistically structured conception of autonomy provides a more adequate evaluative framework for justifying autonomy as an educational aim than alternative educational regimes of autonomy can deliver. Finally, I discuss some major theoretical problems of bridging the gap between general ethical principles and their application in practical fields. (shrink)

Our modern ideals about liberty were forged in the great political and philosophical debates of the 17th and 18th centuries, but we seldom hear about women's contributions to those debates. This paper examines the ideas of early modern English women – namely Margaret Cavendish, Mary Astell, Mary Overton, ‘Eugenia’, Sarah Chapone and the civil war women petitioners – with respect to the classic political concepts of negative, positive and republican liberty. The author suggests that these writers' woman-centred concerns provide a (...) unique historical perspective on these much-discussed ideals of freedom from external interference, freedom as self-determination and freedom from domination. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

In light of the many recent criticisms of Henry Shue's philosophy, this article provides a defense of Shue's philosophical argument for basic rights. The author demonstrates that the latest criticisms made by Thomas Pogge, Michael Payne, and Andrew Cohen misconstrue Shue's position, and therefore fail to overturn the soundness of Shue's argument. Against those who contend that basic rights demand too much, both logically and morally, the author argues that basic rights serve as the minimal threshold for human dignity and (...) the foundation for all other rights. Consequentially, the overall moral landscape is skewed if basic rights are absent. (shrink)

Freedom can be seen as individual’s capacity to choose between alternatives. As such, it stands in a dialectical relationship to its environment that both imposes constraints on freedom and allows carrying it out. Yet if we see liberty as freedom’s social accommodation, how would freedom shape liberty, and how would liberty accommodate freedom? As a capacity for choice, freedom is formal. Negative liberty, or freedom from, protects this capacity yet does not give it content. To make freedom meaningful, its societal (...) accommodation has ensure that the choice can be carried out – in terms of accessing alternatives, understand them, and making informed choices. The paper, using the tools provided by the Hegelian philosophy and by information theory, explores the concept of liberty as an enabler of freedom and the role of knowledge in its enablement. This exploration leads us to specific positive rights that are necessary to make freedom meaningful. (shrink)

Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...) that free entry into markets furthers such dispersion. As against the idea that the state is in a better position to disperse economic power, Pincione argues that the constitutional provisions needed to implement that idea are contestable, and to that extent require interpretive powers that themselves involve domination. Only a constitution that, as a side effect of its procedures for political decision making, generates full private property rights holds out hope of shielding citizens from domination. This is so, because a plurality of suppliers of goods and services is a structural feature of the free market, in a sense of “structural” that matters for measurements of domination based on fairly uncontroversial claims about persons and resources. (shrink)

"Sport, Tradition and Freedom" entails a philosophical examination of the relationship between traditions of rationality and understandings of freedom in sport. Chapter One introduces the ideas of freedom and virtue. Chapter Two involves a critical and historical exploration of the traditions of conservatism, liberalism and Marxism and the effects that these traditions have had on accounts of freedom in sport. Chapter Three examines the issue of freedom in sport from a social critical-formalist perspective, particularly addressing the influence that the process (...) of commodification in advanced capitalism has had on sport. It also endeavours to suggest that the virtues, as explained by Alisdair Maclntyre, are important to the protection of formal freedom in sport, from the effects of advanced capitalism. Chapter Four examines the link between the modern liberal tradition and the virtue tradition. This link is made via the ideas of self-determination and authentic social unions which both traditions share. This chapter also investigates the influence that these various traditions have had on the framing and solution to issues in sport, using the drug issue as a paradigm case. The conclusion suggests that it may be profitable to explore the rationality of less dominant traditions in society when investigating sport. Inquiry revealed that many traditions of understanding in sport rely heavily on elements from political traditions in society. Freedom in sport has been linked to conservative notions of a craft, to liberal notions of play and the independent individual and to accounts of freedom which support the dominant capitalist institutions of society. The examination by social critical theorists of the freedom of authentic social practices and the location of this freedom in the formal rules of sport, provided an alternative to these previous explanations which had located freedom in either the attitude of the player or the economic institutions of society. On the formalist view of sport, freedom is located in the pursuit of gratuitous difficulty, which the rules of sport make possible. The protection of this freedom from social abrogation involves virtue, the formation of authentic social unions, and judgement in sporting participation. The concluding chapter suggested that the protection of formal freedom and the importance of judgement and "seeing without illusion" in sport is critical to issues such as feminism, professionalism and creativity in sport. (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)

Proposed solutions to the problems of this country's health care system range along a spectrum from central planning to free market. Central planners and free market advocates provide various ethical justifications for the policies they propose. The crucial flaw in the philosophical rationale of central planning is failure to distinguish between normative and metanormative principles, which leads to mistaken understanding of the nature of rights. Natural rights, based on the principle of noninterference, provide the link between individual morality and social (...) order. Free markets, the practical expression of natural rights, are uniquely capable of achieving the goals that central planners seek but find beyond their grasp. The history of this country's health care system and the experiences of other nations provide evidence of the superiority of free markets in reaching for the goals of universal access, control of costs, and sustaining the quality of health care. (shrink)

The prospect of dangerous climate change requires Humanity to limit the emission of greenhouse gases. This in turn raises the question of how the permission to emit greenhouse gases should be distributed and among whom. In this article the author criticises three principles of distributive justice that have often been advanced in this context. He also argues that the predominantly statist way in which the question is framed occludes some morally relevant considerations. The latter part of the article turns from (...) critique and advances a new way of addressing the problem. In particular, first, it proposes four key theses that should guide our normative analysis; and, second, it outlines how these four theses can be realised in practice. (shrink)

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.

Practical methods are introduced for the construction of definitions, both for philosophical purposes and for uses in other disciplines. The structural and contentual requirements on definitions are clarified. It is emphasized that the development of a definition should begin with careful choice of a primary definiendum, followed by the selection of appropriate variables for the definition. Two methods are proposed for the construction of the definiens, the case list method and the method of successive improvements. Four classes of concepts are (...) discussed that are particularly difficult to define: vague concepts, value-laden concepts, controversial concepts, and inconsistent concepts. (shrink)

Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out only “blatant” (...) inconsistencies in an agent’s beliefs while permitting less blatant ones, and show that, while super-majoritarian deference often fails to ensure full consistency, it is a route to consistency in this weaker sense. (shrink)

Although anonymity is a central feature of liberal democracies—not only in the secret ballot, but also in campaign funding, publishing political texts, masked protests, and graffiti—it has so far not been conceptually grounded in democratic theory. Rather, it is treated as a self-explanatory concept related to privacy. To overcome this omission, this article develops a complex understanding of anonymity in the context of democratic theory. Drawing upon the diverse literature on anonymity in political participation, it explains anonymity as a highly (...) context-dependent identity performance expressing private sentiments in the public sphere. The contradictory character of its core elements—identity negation and identity creation—results in three sets of contradictory freedoms. Anonymity affords (a) inclusion and exclusion, (b) subversion and submission, and (c) honesty and deception. This contradictory character of anonymity's affordances illustrates the ambiguous role of anonymity in democracy. (shrink)

Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom by reducing overall (...) interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

On expectation, most wild animals have lives of net suffering due to naturogenic causes. Some have claimed that concern for their well-being gives us reasons to intervene in nature on their behalf. Against this, it has been said that many interventions to assist wild animals would be wrong, even if successful, because they would violate their freedom. According to the Freedom-based Approach I defend in this paper, this view is misguided. Concern for wild animal freedom does indeed gives us reasons (...) to secure these animals against control-undermining interferences, but also to intervene in nature in order to enrich their choices. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...) clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

The concept of negative liberty as non-interference is operative in the concept of a free market and stipulates that market relations remain outside the purview of social control. As a purported self-regulating system, however, the market functions as a system of necessity that facilitates and rules social life. I argue that Isaiah Berlin’s defense of negative liberty leads to a paradox as it entails subjection to the external necessity of a self-regulating market. The argument for the self-defeating nature of negative (...) liberty relies on two philosophical insights that have their roots in G. W. F. Hegel’s theory of self-determination. First, negative liberty fails to account for the inner and outer conditions of freedom and thus reduces to mere whim or arbitrariness, subject to heteronomous forces but masquerading as license. Second, individual freedom is intersubjectively mediated in its deliberative process and framed by social and political institutions in its exercise; thus, free agency must be theorized as embedded agency. I challenge the association of freedom and the market and the automatic and unchallenged implication of deregulation and freedom. Deregulation, rather, leaves the community’s future development to the whims of economic players using a rhetoric of freedom as both lure and principle. (shrink)

Offers a renovated form of Confucian liberalism that forges a reconciliation between the two extremes of anti-Confucian liberalism and anti-liberal Confucianism.

Freedom and security are often portrayed as things that have to be traded off against one another, but this view does not capture the full complexity of the freedom-security relationship. Rather, there seem to be four different ways in which freedom and security connect to each other: freedom can come at the cost of security, security can come at the cost of freedom, freedom can work to the benefit of security, and security can work to the benefit of freedom. This (...) paper analyses each of these connections in turn. It shows that particular understandings of freedom can help us to see particular connections between freedom and security. The practical examples used to illustrate these connections are drawn from the context of the COVID-19 pandemic. It will be suggested that, in the face of challenges such as this one, taking into account all four connections between freedom and security can ultimately help decision-makers in upholding both. (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 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)

Some argue that republican freedom is impossible because since it is always possible that a person or a group of persons possesses arbitrary power to interfere with individuals, no one is free to do anything. To avoid this challenge, in their recent article, Sean Ingham and Frank Lovett invoke the notion of ignorability in terms of which they offer a moderate interpretation of republican freedom. On their view, B is free from A to φ if A’s possible types who prefer (...) to intervene with B’s φ-ing are ignorable. They also try to show that freedom is not determined by the probability of an intervention. However, we argue that they fail to do this and that freedom as non-domination is not entailed by ignorability. (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)

The subject of this article is the analysis of the concept of freedom as one of the fundamental issues of political thought in Kant’s philosophy. Given Isaiah Berlin’s typology of the negative and positive conceptions of freedom in the history of philosophy, this article examines Kant’s position on freedom in the form of the above two conceptions. In Kant’s view, moral action is a practice with a purely moral motive and respect for the moral law, without the accompaniment of human (...) desires. There is a kind of opposition between moral inclinations and motivation in Kant’s moral theory. In Kant’s view, freedom means the abandonment of desires and the fulfillment of moral duty. In his view, inner tendencies act as internal barriers to moral action and‌ freedom, and must be eliminated or at least controlled. The concept of freedom has a central place in Kant’s moral theory, as freedom is the product of obedience to moral duties, and this positive concept, contrary to Berlin’s claim, does not lead to tyranny. (shrink)

In this chapter I provide resources for assessing the charge that post-secondary students are self-censoring. The argument is advanced in three broad steps. First, I argue that both a duality at the heart of the concept of self-censorship and the term’s negative lay connotation should incline us to limit the charge of self-censorship to a specific subset of its typical extension. I argue that in general we ought to use the neutral term “refrainment from speech,” reserving the more normatively charged (...) “self-censorship” for cases of bad refrainment. In the second step of the argument, I seek to narrow down what counts as bad refrainment by mapping broad categories of possible reasons for and consequences of refrainment from speech. I argue that in general refrainment from speech is only bad if it is for bad (or what I will later term vicious) reasons or has pernicious consequences. When considering pernicious consequences, I argue that we should be concerned in particular about systems that perpetuate the coercive silencing of marginalized voices. I draw on Kristie Dotson’s work to describe two means by which marginalized voices are systemically silenced: testimonial quieting and testimonial smothering. After considering these types of silencing, I circle back to the post-secondary context to assess whether there is cause for concern if, as some reports suggests, US college students are refraining from speech within the educational context. (shrink)

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

What place does freedom have in Confucianism? We find a wide spectrum of views on the matter: some deny that Confucians value or even conceive of freedom, while others celebrate uniquely exalted forms of Confucian freedom. This paper examines the range of proposals, finding consensus among these diverse views in that all identify distinctive Confucian emphases on (i) subjective affirmation of the good and (ii) the cultivation of desires and intentions to align with that good. The variation among views of (...) Confucian freedom does not result from disparate interpretations of Confucian teachings. Rather, their divergence lies in affirming or denying that these core aspects of Confucian thought should be seen as ‘freedom.’ This reveals an undiscussed, fundamental question regarding Confucian freedom: Can and should we see the traditional Confucian moral ideal—that is, Confucian goodness and sagely virtue—as versions of freedom? What do we gain by doing so? (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.

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)

Economic liberty is best understood in opposition to economic domination. This article develops a radical republican conception of such domination. In particular, I argue that radical republicanism provides a more satisfactory account of individual economic freedom than the market-friendly liberties of working, transacting, holding, and using championed by Nickel and Tomasi. So too, it avoids the pitfalls of other conceptions of economic liberty which emphasize real freedom, alternatives to immiserating work, or unalienated labor. The resulting theory holds that economic domination (...) occurs when someone’s access to civic capabilities is contingent on the arbitrary economic power of others. Socialist institutions—suitably configured—can deliver on this individual economic freedom, allowing the dominating power of proprietors, shareholders, landlords, and managers to be kept in check, and providing an unconditional minimum that allows individual citizens to be less beholden to others in meeting many of their most fundamental civic needs. Thus, I conclude that socialism can be championed as a politics of individual economic liberty. (shrink)

Among those who reject the Epicurean claim that death is not bad for the one who dies, it is popularly held that death is bad for the one who dies, when it is bad for the one who dies, because it deprives the one who dies of the good things that otherwise would have fallen into her life. This view is known as the deprivation account of the value of death, and Fred Feldman is one of its most prominent defenders. (...) In this paper, I explain why I believe that Feldman’s argument for the occasional badness of death fails. While staying within an Epicurean framework, I offer an alternative that adequately accounts for a significant range of widely held intuitions about prudential value. My account implies that death is almost always good for the one who dies, yet often less good than not dying. Finally, I discuss some puzzles that remain for my account and hint at possible ways to address them. (shrink)

Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice (...) are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined. (shrink)

Discussions of the liberty of the ancients, in contemporary political theory, treat democratic freedom, and the political equality on which democracy was premised, as anathema to the liberty of the moderns. This article discusses ancient democratic liberty by referencing the theory of arithmetic equality preserved by Aristotle and Plato and suggests that we need to re-investigate this relationship in the interests of modern freedom. The article argues that, in fact, Greek, particularly Athenian, democratic ideas, construe freedom in a negative way (...) and that democratic, arithmetic, accounts of equality are, at root, anti-oppressive and require further investigation in the name of justice for the moderns. (shrink)

Freedom in democratic Athens is often understood as consisting of positive freedom in the public sphere in the form of political participation and negative freedom in the private sphere in the form of citizens doing ‘whatever they wish’. The original meaning of positive freedom, though, is more akin to self-mastery than political participation. By looking at phrases describing Athenians’ ability to do ‘whatever they wish’ from Herodotus to Aristotle, this article argues that the phrases instead express individual positive freedom in (...) both private and public spheres. The democratic citizen is free because he is the author of his own actions. Individual autonomy stands in contrast to Spartan and Persian definitions of freedom, which focus on the external, negative freedom of the state. In addition to an ideological distinction, positive freedom also gives rise to the principle of voluntarism. (shrink)

Public and research libraries have long provided resources in electronic formats, and the tension between providing electronic resources and patron privacy is widely recognized. But assessing trade-offs between privacy and access to electronic resources remains difficult. One reason is a conceptual problem regarding intellectual freedom. Traditionally, the LIS literature has plausibly understood privacy as a facet of intellectual freedom. However, while certain types of electronic resource use may diminish patron privacy, thereby diminishing intellectual freedom, the opportunities created by such resources (...) also appear liberty-enhancing. Adjudicating between privacy loss and enhanced opportunities on intellectual freedom grounds must therefore provide an account of intellectual freedom capable of addressing both privacy and opportunity. I will argue that intellectual freedom is a form of positive freedom, where a person’s freedom is a function of the quality of her agency. Using this view as the lodestar, I articulate several principles for assessing adoption of electronic resources and privacy protections. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state (...) arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

The article concerns selected problems related to the postulates of equalizing the level of positive liberty. The classic understanding of individual freedom, called as negative, identified with a lack of compulsion, can be in opposition to the so-called positive liberty. The last notion is generally defined by an ability, which brings its relation with a concept of power. The postulate of equality in “freedom to” can be justification for conducting a social redistribution of goods. The cases of voluntary and compulsory (...) donation are considered in the text, whose aim is to visualize consequences resulting from a compulsory expansion of the scope of positive liberty. (shrink)

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 (...) sometimes provide the most appropriate solution to a problem of group unfreedom. (shrink)

Although it is primarily concerned with the value of liberty and the justification of compulsory education, what lies behind much of this paper is the question ‘;Why treat children like children?’ The fact is that we do not regard children as having the same rights, privileges and liberties as adults, and children may not be thought of as deserving the same degree of respect or consideration as their seniors. In the past this has led to some horrific states of affairs, (...) and while matters have undoubtedly improved, it is still the case that most people accept what Graham Haydon describes as ‘;the assumption that one thing can go for children and quite another for adults’. One likely consequence of this, and an important example of the different treatment reserved for children is compulsory education. Illiterate and innumerate adults are not compelled to practise their letters or play with counters or watch prescribed television programmes. Even when, to quote Mill, we have an adult ‘;who shows rashness, obstinacy and self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgencies—who pursues animal pleasures at the expense of those of feeling and intellect’, we do not subject him to character-building games or uplifting scripture readings, or initiate him into the mysteries of home economics, or read Shakespeare at him. But we compulsorily do all of this and more to children. Moreover, compulsory education, as we have it, is not something from which the young can gain remission. The law that requires ‘;every child of compulsory school age…to receive an efficient full-time education suitable to his age, ability, and aptitude’ effectively defines an approach where what counts is the arbitrariness of chronology, not standards or excellence. (shrink)

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...) powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)