A natural resource is not given, but depends on human knowledge for its exploitation. Thus a ‘unit of resource’ is, to a significant degree, a ‘unit of meaning’, and education is potentially important not only for the use of resources but also for their creation. The paper draws on poststructuralism to confirm the intuition that it would be misleading to conceive of ‘units’ of meaning. However, it is commonly acceptable to conceive of ‘units’ of resource, as in much discussion around (...) sustainability; but, if the latter concept is suspect, then so is the former. The error seems to arise from the assumption of identifiable points in space-time, already problematised by quantum mechanics and poststructuralism. Conceiving of ‘now’ as a moving in and with time, rather than as a point in time, human survival is construed as an ongoing process of meaning-making constrained though not determined by the carrying capacity of the planet. The Second Nature conception of John McDowell is critiqued with respect to this. (shrink)

In the ‘Introduction’ to Capitalism and Freedom, Friedman's stated intentions are to: establish the role of competitive capitalism as a system of economic freedom and a necessary condition for political freedom; indicate the proper role of government in a free society; and return the term ‘liberal’ ‘… to its original sense – as the doctrines pertaining to a free man’. In fact, Friedman accomplishes none of these things. This essay has three distinct, though related, objectives: first, to compare Friedman's position (...) with the liberal alternative; second, to show why Friedman's position is more properly regarded as libertarian than liberal; and third, to assess the quality of Friedman's argument in its own right. My purpose is to demonstrate that Friedman overlooks the important liberal insight that the unrestricted accumulation of private propety may limit rather than promote individual freedom. This omission is crucial. Not only does it divorce Friedman's conception from liberalism, it also vitiates his case for economic freedom as a necessary condition for political freedom. (shrink)

Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...) that makes it so hostile to his person. This paper develops an analysis of the subjective aspect of coercion whereby this hostility is explained. It is argued that coercion is not just a matter of interference with one's agency, but also affects one's morality. Because coercion is a form of subjugation it does more than merely limit one's freedom, it constitutes an affront to one's dignity as well. A new account of coercion is developed that pays particular attention to the subjectivity inherent in coercion. This account takes a middle ground in the ongoing debate between advocates of moralised and non-moralised conceptualisations of coercion. The paper closes by applying this account to two prominent issues in the literature on coercion: the use of coercion claims in attempts to avoid being held responsible for one's actions, and the coercíveness of the law. (shrink)

The Irish Republic's economic success story has been simultaneously regarded as antithetical to and indicative of neoliberal hegemony. The question of the neoliberal pedigree of the Irish case is explored here from the perspective of mediatized representations of political economy. The paper's argument is advanced in three distinct stages. First, it outlines a theoretical and methodological rationale for the analysis itself. Second, it formulates a summary account of neoliberalism as discourse and ideology, introducing a key analytical distinction between ‘transparent’ and (...) ‘euphemized’ neoliberal discourses. Third, it presents an empirical overview of how neoliberal assumptions are articulated through mediatized representations of political economy. The article shows how the ‘Celtic Tiger’ can be understood as a case of neoliberal hegemony, as long as it is recognised that neoliberalism is hegemonically constituted through a plurality of discursive forms and rhetorical strategies. In addition, the paper highlights the constitutive role of media representation, especially the media rhetoric of Irish political leaders, in the production and reproduction of an Irish neoliberalism. (shrink)

European constitutional traditions share a commitment to freedom of conscience and religion, but differ on their interpretation of whether such freedoms do or do not require a clear cut separation of state and church. Weiler has advocated that the writing of a Constitution for the European Union is a very apt moment to reconsider the conceptualization of freedom of conscience and religion. On constitutional and historical grounds, he has advocated that a reference to Christian values should be made in the (...) preamble of the European fundamental law, and that this will be the alternative most respectful to the pluralistic national solutions, ranging from republican non-confessionality to the establishment of an official church. But contrary to what Weiler argues, the drafting of the constitution of the European Union is not bound by the present shape of European constitutional traditions; moreover, it is hard to conclude that the present common constitutional traditions require an explicit reference to Christianity to be included in the text. Furthermore, the claim that the individual and collective identities of Europeans are unavoidably shaped by Christian values is only tenable if we uphold a rather simplistic relation between history, memory, and identity. Finally, once one moves from law and history to practical reasoning, one finds that there are good substantive reasons why our collective identity should not contain reference to Christian values. (shrink)

This article examines the question of private coercion in market societies, arguing for an unconditional basic income guarantee from a classical liberal viewpoint. It proposes three main arguments. First, classical liberals view the purpose of government to be the reduction of coercion, both public and private. Second, a proper understanding of the nature of coercion indicates that parties subject to certain types of hardship are being coerced. Third, where the total amount of coercion is reduced by eliminating the hardship, the (...) classical liberal state must do so to fulfill its purpose. Hence, this article argues that if the total amount of coercion in society can be reduced by the state employing the amount of coercion necessary to maintain an unconditional basic income guarantee, then the classical liberal state is obligated to maintain such a guarantee by its underlying justification. (shrink)

A central theme within political theory is the rational management of society based on science and technology. This idea involves several problems concerning the philosophy of technology and social engineering. Some of these difficulties, which are discussed in this essay, are (1) the scientific identification of objective needs and what we can do with it with respect to rational choice, (2) expert-management versus user-management in technical matters, (3) the nature of technology and its consequences for planning, and (4) the nature (...) of technology and its consequences for democratic social engineering. (shrink)

Yangming’s theory of the original knowing (liangzhi 良知). In the 1950s there was a debate between Taiwanese liberals and the New Confucians over the relationship between the traditional Confucianism and modern democracy. Like Liu Shipei, the New Confucians justified modern democracy by means of Confucian philosophy (including that of Wang Yangming). For liberals, however, the Confucian tradition encompassed only the concept of positive liberty, which was irrelevant to or even incompatible with modern democracy. In this article, I try to argue (...) for the position of the New Confucians by reconstructing Wang Yangming’s theory of the original knowing from a communitarian perspective. (shrink)

Keynes's theory of interest is central to his broader argument. However, short‐run policy, which takes the so‐called normal rate of interest as given and aims at affecting the prevailing rate, must be distinguished from long‐run reform, which aims at changing the normal rate. The low demand that Keynes associated with high interest was believed to be inherent in a decentralized, consumption‐oriented economy. Consequently, he advocated reform in the direction of central control. Despite his “moral and philosophical” agreement with Hayek's Road (...) to Serfdom, Keynes differed fundamentally from Hayek in terms of their contrasting perceptions of the market's shortcomings and their judgments about the government's potential for improving the economy's performance. (shrink)

In spite of the important discoveries made by Adam Smith and later by the economists of the Austrian School, Friedrich Hayek remained intellectually challenged by the miracle of the price mechanism. As it turned out there was still some pioneering to do in describing the price mechanism. This became clear when Hayek identified the dispersal of information relevant to exchange transactions as the central issue of economic study. In the context of his distinction between competition as a state of things (...) and as a process the price mechanism manifests itself as a powerful integrator of information which is at first sight hopelessly dispersed in modern society. In 1945 he pointed out another intellectual challenge which the miracle of the price mechanism poses: How could such a marvelous functionality come into existence? “I am convinced that if it [the price mechanism] were the result of deliberate human design, and if the people guided by the price changes understood that their decisions have significance far beyond their immediate aim, this mechanism would have been acclaimed as one of the greatest triumphs of the human mind”. It is precisely because the free determination of prices is obviously not an invention, and because actors on the market in general do not realize that their decisions are at once also signals for the information-processing system that the market is, that in general this market order is not highly estimated. The market order is nevertheless the best illustration of the dual principle that the most beautiful forms of complex functionality are not deliberately created and are not deliberately maintained. (shrink)

Postmodernism is often characterized, among other things, as the belief in the unattainability of objective truth and as a rejection of teleological and reductionist, or essentialist, forms of thought. For instance, in his provocative book The Rhetoric of Economics, Donald McCloskey sketches the implications for economic methodology of Richard Rorty's rejection of the modernist quest for Truth, as represented by various rationalist and empiricist epistemologies. McCloskey describes modernist methodology as displaying a desire to predict and control, a search for objective–;which (...) often means measurable–;knowledge, and an attempt to develop a value-free inquiry, among other characteristics. This “methodological correctness,” McCloske suggests, is discredited by the postmodern dissatisfaction with traditional epistemology. Thus, in place of the modernist belief in a rule-guided path to truth, he advocates a “free market” approach to knowledge, in which participants in the variety of theoretical conversations agree to be earnest and listen politely to one another. (shrink)

Libertarianism holds that agents initially fully own themselves and have moral powers to acquire property rights in external things under certain conditions. It is normally advocated as a theory of justice in the sense of the duties that we owe each other. So understood, it is silent about any impersonal duties (i.e., duties owed to no one) that we may have.

Looking back on it, it seems almost incredible that so many equally educated, equally sincere compatriots and contemporaries, all drawing from the same limited stock of evidence, should have reached so many totally different conclusions---and always with complete certainty.

“There are strong temptations for those at the top of an organisational hierarchy to appropriate to themselves a disproportionate share of the resources of the organisation and to exercise too much power over the activities of other organisational members.” Hence the case for taking a cool look at executive remuneration and other possible breaches of applying the classical virtue of temperance to corporate behaviour. The author is Principal Lecturer in the Business Studies Department, Manchester Metropolitan University, Aytoun Building, Aytoun Street, (...) Manchester M1 3GH. (shrink)

Scholars of the emotions maintain that all anger requires an object of blame. In order to be angry, many writers argue, one must believe than an actor has done serious damage to something that one values. Yet an individual may be angered without blaming another. This kind of emotion, called situational anger, does not entail a corresponding object of blame. Situational anger can be a useful force in public life, enabling citizens to draw attention to the seriousness of social or (...) political problems, without necessarily vilifying political officials. (shrink)

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

Our economic system, the market economy, is a part of a broader system or “society.” We frequently study the operation of the market economy as if it were autonomous, even though there are many complex and mutual relationships between society, the economic system and the other systems – political, cultural, religious, legal, etc. – that form part of society. In a market economy we may identify several components: a frame or background in which the economic activity takes place, a set (...) of ideas and theories, the values shared by this society, the set of institutions, norms and rules that control the economic behavior of people, and the incentives or motivations of the economic agents. The play of these elements defines the operation of a market economy. Is ethics an institution, or does it belong to the set of values and ideas? In this paper I will discuss the role of institutions, norms and rules in society, with special reference to the economic system, in order to gain insight into the relationship between institutions and ethics. I study first the concept and features of social institutions and norms; second, institutional change, and third, the relationship between ethics and institutions. (shrink)

This paper offers the first philosophical analysis of a form of artificial intelligence (AI) which the author calls facial profiling technology (FPT). FPT is a type of facial analysis technology designed to predict criminal behavior based solely on facial structure. Marketed for use by law enforcement, face classifiers generated by the program can supposedly identify murderers, thieves, pedophiles, and terrorists prior to the commission of crimes. At the time of this writing, an FPT company has a contract with the United (...) States federal government. After recounting how FPT resurrects the same moral problems associated with the pseudoscience of physiognomy, the author of this manuscript develops and defends the ‘Liberal Argument Against Facial Discrimination’ (LAAFD), which concludes that government use of FPT poses a significant risk of violating the classical liberal value of equality before the law by committing unjust discrimination against groups of people whose faces happen to match FPT classifiers. A key move in the argument suggests how a future scenario that results in widespread discrimination based solely on facial structure could be as unjustified and harmful, mutatis mutandis, as similar discrimination based solely on racial background. In the final section, the author of this paper develops prima facie policy proposals designed to protect classical liberal values if FPT is to be utilized by governments in liberal democratic societies. (shrink)

One of the main problems of Albania since the overthrow of the communist dictatorship and the beginning of the transition in 1991 has been the consolidation of a functional constitutional democracy. Having a functional and applicable constitutional order by all institutions and mechanisms has been a significant challenge for Albania. Political parties are one of these mechanisms or vital elements in maintaining and improving the constitutional order in Albania. In democratic regimes, political parties continue to be the most important bridge (...) between the state and the mass of society. Political parties are the institutions that hold the position of a political leader in society, and democratic states cannot survive if they do not have political parties that fulfill their functions in consolidating, preserving, and improving democracy. The object of this study will be political parties in Albania and their role in the consolidation or not of the constitutional order during the period of democratic transition. In this study, the three main parties in Albania are taken as case studies, namely the Socialist Party of Albania, the Democratic Party of Albania, and the Socialist Movement for Integration. (shrink)

This paper delves into the work of Clive L. Spash, a British radical ecological economist well-known in his field who currently holds a professorship at the Vienna University of Economics and Business. We start with an examination of the principles of his “social ecological economics.” We then critically evaluate his attack on economic growth and his perspective on the standard economic models of climate change. Lastly, we explore his approach to science as a theoretical pursuit and his policy recommendations. The (...) first version of this paper was given as a keynote lecture at the 7th Austrian Economics Meeting Europe, May 12-13, 2023, Université Catholique de l’Ouest, Angers, France, and a second version at the Summer University in Political Economy, July 20-22, 2023, Aix-Marseille University, France. I wish to thank the organizers of these conferences, and also the anonymous referees whose remarks have been taken into account to improve the paper. (shrink)

Today’s views and analyses about taxation are dominated by the social-welfare approach based on various categories of utilitarianism, most notably those developed by the optimal-tax literature. By contrast, this paper focuses on the ethical foundations of taxation and analyses a tradition that harks back to the 17th century. In particular, we emphasise the notion of legitimate taxation in the history of economic thought from the libertarian, the classical-liberal and socialist perspectives. By means of this very notion, we define the essence (...) of a desirable tax structure and draw conclusions in regard to today’s tax policies. (shrink)

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 (...) and collective action. Good public health policy, for example, promotes people’s freedom. Of course, different arguments often draw on different theories of freedom. So, to evaluate such arguments, we need to analyze these different theories and their implications and assess their plausibility. -/- The broadly liberal tradition views freedom as being about external options. Such theories typically start with an account of when someone has a specific freedom or unfreedom to do something. For example, some argue that only a narrow set of interpersonal interferences count as constraints on freedom. Others argue that a far broader set of factors, including ill health and natural constraints, can reduce one’s freedom. -/- Since the 1980s and 1990s, scholarship has increasingly recognized that to use liberal freedom in normative arguments, one must move beyond specific freedom and unfreedom. Most laws and policies both subtract and add specific freedoms. What matters is how a person’s freedom is affected overall. Philosophers and economists have thus engaged in intricate debates about how to measure overall freedom. Moreover, policies and law affect not only one person at one point in time but also multiple persons across time. So, liberal freedom-based arguments also require distributive criteria for intertemporal and interpersonal distributions of freedom. -/- In the early 21st century, republicanism has developed into a prominent alternative to liberal theories. Republicans argue that being a free person is not just, or not even primarily, about liberal option-freedom. Freedom requires being free from dominating power. Republicans and liberals have engaged in a lively debate on who offers the better theory. In developing the republican ideal, republicans also engage in intramural debates. For example, is domination primarily an interpersonal or structural phenomenon? And what economic institutions does republicanism imply? -/- Theorizing around freedom has become richer and moved from narrower questions regarding specific freedom and unfreedom to overall freedom and to republican theories of nondomination. But recent theorizing also seeks to extend its focus and scope. Historically, theorizing started with the freedom of able-bodied male citizens within nation states. Recent theorizing shifts the focus to include issues around gender, disability, freedom at the international level, and the freedom of nonhuman animals and future generations. Beyond fascinating implications of existing theories, a more inclusive focus is likely to also yield important lessons on how current theories can be improved. (shrink)

The idea of merit is at the core of intense contemporary debate related to social justice in general and meritocracy in particular. In this paper, I aim to differentiate the notion of merit from two other notions with which it is often mistakenly identified, namely the concepts of talent and achievement. Here, I define “merit” as the value of an action that 1) is imputable to a subject‘s free conduct, 2) implies some sort of effort, and 3) is oriented towards (...) a good. Merit so understood is a valuable phenomenon considered from various perspectives, and therefore the subject who has it deserves to be properly recognized. But, more importantly, this merit is valuable in a sense that is different from the value attached to talent and achievement. We should therefore try to recognize the three of them according to their specificity. I conclude by signaling some problems and limitations associated with the idea of merit that, on the one hand, contribute to the aforementioned confusion and, on the other hand, show that the principle of merit must not be absolutized to the detriment of other forms of value (including talent and achievement). (shrink)

The eighteenth-century Physiocrats are widely considered to be precursors to classical economics, the French ninteenth-centuryEconomistes, and contemporary free-market economics. They advocated free trade against mercantilism, and natural law against despotism. Although the Physiocrats also contributed to Walras and modern economic engineering, they fit squarely within the French (and world) liberal tradition.

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

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

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 122-164, May 2022. I argue that the consensus view that one must never level down to equality gives rise to a dilemma. This dilemma is best understood by examining two parallel cases of leveling down: one drawn from the economic domain, the other from the political. In the economic case, both egalitarians and non-egalitarians have resisted the idea of leveling down wages to equality. With no incentives for some people to work (...) hard social productivity will likely decline, further lowering people's wages and thus leaving everybody all-things-considered worse off as a result—hence “never level down.” On the other hand, however, the argument against leveling down does not appear to pass muster in the political sphere: denying political equality in the form of “one person, one vote”, for example, by giving a higher share of voting power to people with, say, more education seems straightforwardly objectionable, even if such a voting scheme would improve the outcomes of all people, including those who are ultimately left with fewer votes. Thus, a fundamental tension arises: we can either endorse the widely-affirmed “never-level-down” thesis, which says that sacrificing people's well-being exclusively for the sake of promoting equality can never be the right thing to do, or we can endorse the principle of “one person, one vote.” But we cannot do both. I defend this dilemma against a view I call the compatibility view: roughly, that because OPOV is strictly necessary to advance some weighty, non-egalitarian interest people have, accepting OPOV as a principle of justice is compatible with one's rejection of leveling down. (shrink)

One of the ways by which Gerald Postema’s Bentham and the Common Law Tradition revolutionized the study of Bentham’s jurisprudence was by challenging the idea, made popular by Hart (both in his jurisprudential work and his interpretation of Bentham), that the study of law in general is normatively neutral. Against this view, Postema argued that one must understand Bentham’s views on law and jurisprudence in relation to his utilitarianism. At the time of publishing the book, Bentham went very much against (...) the grain, but this view has since gained considerable support. In my paper I seek to refine it. As I see it, Bentham did not think of utilitarianism as a moral theory. Rather, he is best understood as advancing utilitarianism as a public philosophy—an end for the legislator, and only indirectly applicable for individuals in their everyday lives. This makes Bentham’s utilitarianism tied to his legal philosophy in an even deeper sense than Postema suggested. Law is not there to imitate and help enforce an already existing utilitarian morality that tells people (independently of the law) what they should do. Instead, we should think of law as a mechanism (or a technology) for generating normative guidelines (where those do not otherwise exist). The effect of this is to reverse the familiar way of understanding the relationship between law and morality. (shrink)

Constellations, Volume 29, Issue 3, Page 359-374, September 2022.

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, (...) and defending an account of how to measure the diagnostic value of opportunities and sets of opportunities. (shrink)

The main goal of this thesis is to provide a clear basis for the analysis of alternative currencies, such as Bitcoin, LETS, Local currencies, the WIR or Carbon currencies. It attempts to determine whether alternative currencies might constitute just and workable alternatives, either in the form of small-scale experiments or in the form of more radical reforms. The first chapter proposes a new way to classify currencies. The second examines the case in favour of monetary plurality. The third analyses the (...) claims in favour of restricting the use of money locally, within a community, or to certain goods. The fourth studies the link between money and the market. Finally, a post-scriptum focuses on Bitcoin and cryptocurrencies. This thesis highlights that these currencies are drivers of several potential conflicts. Their widespread use might conflict with the adequate management of monetary policy, with social justice, and with liberal values. These conflicts are potential, for they would come into existence only if alternative currencies increased in scope. However, there is no reason to disregard potential conflicts when the case in their favour relies mostly on their potential benefits. (shrink)

The books’ goal is to answer the question: Do the weaknesses of value-free economics imply the need for a paradigm shift? The author synthesizes criticisms from different perspectives (descriptive and methodological). Special attention is paid to choices over time, because in this area value-free economics has the most problems. In that context, the enriched concept of multiple self is proposed and investigated. However, it is not enough to present the criticisms towards value-free economics. For scientists, a bad paradigm is better (...) than no paradigm. Therefore, the author considers whether value-based economics with normative approaches such as economics of happiness, capability approach, libertarian paternalism, and the concept of multiple self can be the alternative paradigm for value-free economics. This book is essential reading to everyone interested in the current state of economics as a discipline. (shrink)

The “return of the state” as an economic actor has left scholars at a lack of theoretical tools to capture the characteristics of state-dominated business systems. This is reflected in the fact that any type of state intervention in the economy is too easily qualified as a sign of “authoritarian capitalism,” which has led scholars to lump together countries as diverse as China, Singapore, and Norway under that heading. Rather than considering any type of state intervention in the economy as (...) authoritarian, we propose a more sophisticated conceptualization, which distinguishes two boundaries between the public and the private domains and conceives of the “return of the state” as the erosion of one or both of them. This conceptualization allows us to clearly distinguish a shift from an ideal-typical market-based “regulatory capitalism” to “state capitalism” or “authoritarian capitalism,” respectively. We use interview data with business leaders in an extreme case of the return of the state to identify the nature of the mechanisms by which an authoritarian government erodes these private-public divides. We argue that a focus on these constitutive mechanisms of the erosion of private-public divides allows us to define “authoritarian capitalism” in a way that makes it a useful tool to understand contexts beyond the Chinese case in which it first emerged. (shrink)

This paper examines the ethics of the Australian business community’s responses to the phenomenon of modern slavery. Engaging a critical discourse approach, we draw upon a data set of submissions by businesses and business representatives to the Australian government’s Joint Standing Committee on Foreign Affairs, Defence and Trade ‘Parliamentary Inquiry into Establishing a Modern Slavery Act in Australia’—which preceded the signing into law of Australia’s Modern Slavery Act 2018—to examine the business community’s discursive construction in their submissions of the ethical–political (...) concept of freedom. The paper shows how the concept of freedom was employed by Australian business in a manner that privileged their own subject status and advocated for legislation with minimal burden. Relating this contemporary case to a longer historical context, we show how Australian business responses towards modern slavery map onto liberal and neoliberal ethics in which the freedom of the propertied takes precedent over that of the property-less. Further, we show discursive similarities in the arguments presented by modern Australian businesses and certain historical efforts by members of the business community to privilege commercial freedoms in responses to 18th and 19th Century abolitionist movements. Overall, our research makes two important contributions: first, it highlights the value of a critical discourse lens in business ethics research to show how business and other stakeholders in the field construct and shape their own and other’s ethically-laden understanding of reality; and second, it presents a case for considerable scepticism about the motivation of business to employ the freedoms made available to it under neo/liberal discourse to confront a key human rights challenge. (shrink)

Workers who go on strike are sometimes accused of holding their employer “to ransom”, the implication being that strike action is a kind of extortion. The paper provides an analytical reconstruction of this objection, before presenting and interrogating different strategies for countering it. The first says that work-stoppages can only be extortionate if they infringe an employer’s rightful claim to productive labour, but that no employer has any such claim under capitalism. The second says that work-stoppages cannot be extortionate because, (...) by themselves, they cannot put an employer under duress. The third and most promising strategy says that an employer’s claim to the productive labour of workers is conditional upon his/her not exploiting them. This approach does not produce a blanket exoneration; it tells us that the aptness of describing a strike as extortionate depends on a prior appraisal of the conditions that the strikers work under, and the fairness with which they are treated. (shrink)

The article is devoted to the re-problematisation of F.A. Hayek's legacy in philosophy of law and social theory. Taking as an example the works of SPSU professor I.Y. Kozlikhin, and some other works about Hayek's theory of law, the author demonstrates several inadequacies of the current literature on Hayek's legal philosophy. In criticizing these highly debatable approaches, the author describes multiple but rarely considered nuances of Hayek's conception of law, which seem to be necessary for adequate understanding of his works. (...) In the author's view, only these details allow to cast some doubt on stereotypes about Hayek as a sort of “liberal ideologist” and unfold the true original potential of his philosophy. The main hypothesis of the article is that the key to this original potential lies not in Hayek's theory of freedom and market, but in his fundamental epistemological views. The ideal of freedom is not enough to discriminate between what is “just law” and what is not in hayekian theory. Only by the means of Hayek's epistemology we can separate law as “rules of just conduct” from other types of social institutions in his theory. This separation is based on broader epistemological separation of “simple” and “complex” phenomena in Hayek's theory of knowledge, which is reflected in his distinction between “organization” and “spontaneous order”. Since only the last of them represents a «complex phenomenon», it means that only a system of special meta-rational rules of conduct can provide an epistemically restricted social actor with an ability to act effectively in such a complex and rationally unknowable social structure. It is argued that only this “technical” capacity of meta-rational just law can be seen as the true basis of Hayek's theory of law. Neither hayekian theory of freedom, nor his theory of market can shed light on the Hayek’s most important and original contribution in the domain of legal theory. It is Hayek's epistemology that can be seen as the ultimate foundation of his conception of lawn. (shrink)

Constellations, Volume 28, Issue 4, Page 555-569, December 2021.

The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. In (...) this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions. (shrink)

This paper reconsiders the relationship between the personal and the common good within an Aristotelian conception of the virtuous and happy life. Thinking about that relationship requires that we face up to a central tension in the Aristotelian ethical outlook. That approach is rooted in the value of eudaimonia — of living well, of happiness. That is something like the personal good. At the same time, on the Aristotelian picture no form of human life can be good if it is (...) not one we can live with others of our kind; that requires something like a common good. It is difficult to spell out both those ideas fully in such a way that they fit together well. Nonetheless, I believe that Aristotle’s framework (although not the specifics of his own theory) offers us the best prospects of doing so, and sketch a way of connecting the personal and common goods within that framework. (shrink)

Person‐centred care is a relatively new orthodoxy being implemented by modern hospitals across developed nations. Research demonstrating the merits of this style of care for improving patient outcomes, staff morale and organizational efficiency is only just beginning to emerge. In contrast, a significant body of literature exists showing that attainment of person‐centred care in the acute care sector particularly, remains largely aspirational, especially for older people with cognitive impairment. In previous articles, we argued that nurses work constantly to reconcile prevailing (...) constructions of time, space, relationships, the body and ethics, to meet expectations that the care they provide is person‐centred. In this article, we explore key concepts of neo‐liberal thought which forms an important back‐story to the articles. Economic concepts, “efficiency” and “freedom” are examined to illustrate how nurses work to reconcile both the repressive and productive effects of economic power. We conclude the article by proposing a new research agenda aimed at building a more nuanced understanding of the messy actualities of nursing practice under the influences of neo‐liberalism, that illuminates the compromises and adaptations nurses have had to make in response to economic power. (shrink)

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

The purpose of this paper is to criticize the New Public Management (NPM) in the higher education of Iran with a moral lens. Qualitative content analysis was used for this purpose and the fourth to sixth National Development Plans as well as the Comprehensive Scientific Map of Iran were investigated. The model of NPM that is promoted in the Iranian higher education mostly emphasizes corporatization and the diversification of financial resources, while less attention has been paid to the other dimensions, (...) such as customer-orientation and accountability. The findings revealed that the NPM in Iranian higher education (a kind of pseudo-neoliberalism) is not only incompatible with the Islamic moral goals, but there are also significant contradictions. NPM is based on the commodification of knowledge and the homo economicus, while in Islam, emphasis is on the value of knowledge too, and the truth-seeking is the important mission of knowledge. (shrink)

Democratic systems ought to have certain central tenets that act as ethical boundaries. The violation of these ethical boundaries relegates democratic systems to mere mirages, perversions and phantoms. The market fundamentalistic stance of neo-liberalism leads to the abuse of virtually all the central tenets of democracy. Neo-liberalism advocates for a weak interventionist state in terms of fostering human rights and social justice and a strong regulatory state in terms of protecting and promoting markets and private property. Democracy on the other (...) hand calls for a strong interventionist state to implement the human rights and social justice mandate on behalf of the people and a strong regulatory state to curtail the abuse of human rights and social justice. This paper argues that in neo-liberal states like Uganda, markets and the accumulations of private property in most cases through primitive accumulation take precedence over democracy. This has culminated into privations of democracy such as; autocratic majoritarianism, mobocracy, kleptocracy, prebendalism and neo-patrimonialism. (shrink)

This paper considers possible future legislation that requires the exclusive use of autonomous cars. The author develops and defends a ‘Liberal Argument Against Mandated Autonomous Cars’, which argues that such a law would be incompatible with classical liberalism, provided that the following condition holds: In the event where the car must ‘choose’ between running over a young person or an old person, or both, autonomous cars are programmed to respond by running over old people in order to save young people. (...) Such a law requiring the use of these cars, provided that these assumptions hold, would violate the important value in classical liberalism that all individuals ought to be treated equally before the law. The paper concludes by arguing that alternative ways of dealing with this problem come with their own set of unpalatable problems. (shrink)

Neorepublicans like Philip Pettit and Frank Lovett claim that neorepublicanism provides a superior normative research program compared to egalitarian-liberalism. Particularly, they argue that neorepublicanism offers a better justification of redistributive policies, which are normally associated with egalitarian-liberalism. According to Lovett and Pettit, the neorepublican justification is superior because it rests on parsimonious theoretical assumptions and is more suitable to persuade people of redistributive institutions. We contest these claims on the grounds of methodological and substantive moral reasons. We argue that the (...) neorepublican arguments claiming rhetorical effectiveness and parsimony rest on methodological presuppositions that reflect an unattractive understanding of political philosophy. Additionally, since neorepublicanism lacks a (thin) theory of the good, it does not provide a sufficient basis for justifying redistributive policies. (shrink)