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 (...) reinterpretation of its place in the conceptual framework of freedom as non-domination. I illustrate this point through a discussion of low-probability threats of interference which are central to Gaus’s critique, which I term ‘distant threats’. I argue that those committed to robust conceptions of freedom should still be concerned by these kinds of threats, which will sometimes constitute genuine sources of unfreedom. But rather than leading to absurd conclusions, we should instead view them as diagnostic of deficiencies within existing regimes of non-domination. The challenge posed by distant threats of domination to the republican conception of freedom does not prove it implausible, but illustrates some of its most important insights about the social and economic conditions of free status, and the fragility of that freedom. (shrink)

According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the former but a (...) scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation. (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)

New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in public, (...) from the reasonable expectation that we not be followed. Drawing on a critical discussion of the plain view doctrine, analysis of privacy interests in public places, and distinguishing privacy from property interests, the article contends that government use of GPS to track our movements should require a warrant. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhism and the Idea of Human Rights:Resonances and Dissonances1Perry Schmidt-LeukelIn 1991 L.P.N. Perera, Professor of Pāli and Buddhist Studies in Sri Lanka, published a Buddhist commentary on the Universal Declaration of Human Rights. In this commentary Perera tries to show that, in the Pāli canon, i.e. the canonical scripture of Theravāda Buddhism, for every single article of the Human Rights Declaration a substantial parallel or at least a statement (...) with a similar tendency can be found. Indeed, says Perera, Article 1, which affirms the dignity and rights of all humans, "is in complete accord with Buddhist thought, and may be said to be nothing new to Buddhism in conception" (Perera 1991:21). In contrast, the Buddhist Peter Junger, Professor of Law at the University of Cleveland, Ohio, judged in 1995 that... though followers of Buddhist traditions do value most, if not all, of the interests underlying the rhetoric of human rights, they may not have much use for the label itself, which is, after all, a product of the traditions of Western Europe and the parochial histories of that region.(Junger 1998: 56)Junger goes on to say that "the concept of human rights is not likely to be useful in...following the Buddha Dharma" (Junger 1998: 55).Thus Perera and Junger agree that the content of the various human rights is acceptable for Buddhists. However, they disagree strongly in their evaluation of the idea of human rights in itself. In this respect Damien Keown has rightly argued that the crucial question on 'Buddhism and Human Rights' is not so much whether Buddhism can accept any particular human right but rather whether the idea of human rights as such can find a philosophical justification within the "overall Buddhist vision of individual and social good" (Keown 1998: 24).It is this problem that I would like to pursue in this paper. In the first part I will sketch some basic characteristics of the idea of human rights. In the second part I will point out what resonances this idea finds in Buddhism or by which Buddhist concepts the human rights idea can be justified. And finally, in the third part, I will deal [End Page 33] with the question of potential dissonances between the idea of human rights and Buddhist concepts.On the Nature of Human RightsWith the United Nations' Universal Declaration of Human Rights in 1948 and the various subsequent human rights conventions the rights of individuals were for the first time inscribed into international law, which had previously recognised only collectives as legal subjects. By formulating universal rights as valid for every individual human being regardless of race, colour, sex, religion, birth, etc. the Universal Declaration points to the most important feature of the idea of human rights: the protection of the individual or, to be more precise, the protection of the individual against powerful institutions of the state, society, religion or others. It is individual self-determination and free agency that are protected through human rights. Human rights define the minimum of what is necessary in order to guarantee the freedom of individual agency and the freedom of self-determination. By the definition of inalienable rights,2 the idea of human rights sets limits to those collectives and institutions in which we usually live, limits which for the sake of the basic liberty of the individual are not to be transgressed. Michael Ignatieff summarises this understanding of human rights with the words: "rights exist to protect individuals" (Ignatieff 2001: 67), and "they are worth having only if they can be enforced against institutions like the family, the state, and the church" (Ignatieff 2001: 66f.). Therefore "moral individualism" is "the core of the Universal Declaration" (Ignatieff 2001: 66).It is true that the further development of the human rights debate, particularly within the context of the United Nations, has led to an extension of the idea of human rights to collective rights and collective legal entities by including among human rights, for example, a nations' right to self-determination and the right to peace and the right to development. However, in my opinion it would be highly... (shrink)

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 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 robustness (...) requirement. Frank Lovett and Philip Pettit propose to restrict the relevant domain of possible worlds by reference to two epistemic conditions pertaining to potential group members. I argue that this strategy unduly limits non-domination’s critical potential. I then argue that a suitably systemic conception of domination avoids this problem. By placing explanatory emphasis on social institutions, and how these bear on the feasibility of individual and collective action, a systemic conception of non-domination avoids the coalition problem in a way that retains its critical potential. The article clarifies the relationship between the rule of law and the social norms and objects to the claim that non-domination is bound to deem the latter irrelevant from the point of view of freedom. (shrink)

Status inequalities seem to play a fairly big role in creating inequalities in health. This article assumes that there can be good reasons to fight status inequalities in order to reduce inequalities in health. It examines whether the neorepublican ideal of non-dominance does a better job as a theoretical foil for this as compared to a liberal notion of non-interference. The article concludes that there is a prima facie case for incorporating non-dominance into our thinking about public health, but that (...) it needs to go hand in hand with a more traditional liberal ideal of non-interference. (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)

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)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom as (...) independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

Some have recently argued that the current generation dominates future generations by causing long-term climate change. They relate these claims to Philip Pettit and Frank Lovett's neorepublican theory of domination. In this paper, I examine their claims and ask whether the neorepublican conception of domination remains theoretically coherent when the relation is between current agents and nonoverlapping future subjects. I differentiate between an ‘outcome’ and a ‘relational’ conception of domination. I show how both are theoretically coherent when extended to posterity (...) but only if we make different definitional and normative choices than those made by Pettit and Lovett. (shrink)

In this paper, I examine whether the concept of domination can be used to provide a coherent normative justification for policies or institutional changes regarding individuals who are members of f...

This paper presents a critique of left republican writings from a non-republican socialist standpoint. It examines three claims that have been advanced by left republican authors: that workers are dominated 1) by their lack of access to the means of production; 2) by the market; and 3) by their employer. With regard to 1) and 2), it argues that alternative conceptions of freedom can identify the unfreedom in question, and that there are good reasons for pressing these complaints on the (...) basis of these alternative conceptions. With regard to 3), it argues that, while alternative conceptions of freedom may be able to identify the unfreedom in question, republican freedom provides a more suitable basis for pressing this claim. It concludes that while left republicans have shown that socialists have reason to care about republican freedom, they have not shown that socialists should adopt republican freedom at the expense of other conceptions of freedom. (shrink)

Do unknown and unrealized risks of harm diminish an individual’s well-being? The traditional answer is no: that the security of prudential goods benefits an individual only instrumentally or by virtue of their subjective sense of security. Recent work has argued, however, that the security of prudential goods non-instrumentally benefits an individual regardless of whether or not they enjoy subjective security. In this paper, I critically examine three claims about the way in which unknown and unrealized risks of harm might diminish (...) individual well-being: it frustrates a desire to be secure, it frustrates the enjoyment of modally-robust goods, and it undermines the ability to make reasonable plans. Ultimately, I argue that all three of these hypotheses are mistaken, but that they deepen our understanding of the ways in which subjective security is an important constituent of individual well-being. (shrink)

Liberal and republican conceptions of freedom differ as to whether freedom consists in noninterference or non-domination. Pettit defends the republican non-domination conception on the grounds that one can be unfree without being interfered with if one is dominated, and that one can be interfered with yet free if not dominated. I show that these claims mistake the scope of actual interference. In particular, I show that cases said to involve unfreedom without interference do involve interference, and that cases said to (...) involve freedom despite interference— in particular, cases involving government regulations—are cases in which some interference is outweighed by protection from even greater interference. The liberal noninterference conception of freedom, therefore, can account for what Pettit claims can only be accounted for by freedom as non-domination. (shrink)

I argue social and political freedom is not primarily about the absence of constraints, whether those constraints be in the form of interference or domination. Instead, social freedom is centrally about what makes us free. That is, the question of social freedom is first and foremost about determining the positive preconditions of being a free person within society. Social freedom is about what I call the social bases of freedom, or those features of our social world that we have a (...) reason to rely on in making plans or going about our business. (shrink)

Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...) to an agent. After briefly outlining the main characteristics of overall freedom as defended by Hillel Steiner and Ian Carter, the article shows that this notion is able to capture many of our intuitions about when and how risk imposition disadvantages an agent, without reference to welfare indicators. The article argues that if this non-welfarist perspective can be defended, then it would be easier to approach a number of applied questions about risk, including the questions of when risk imposition is permissible or legitimate, in which ways risk can be an object of distributive justice and how one can be compensated for being subject to a risk. (shrink)

Analytic political philosophy tries to make our political language more precise. But in doing so it risks departing from our natural language and intuitions. This article examines this tension. We...

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)