Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

This article studies a seeming paradox ? the adoption of multi-culturalist strategies and arguments by the neo-fascist European New Right. Why would neo-fascists adopt such a theoretical framework, and why has multiculturalism failed in Europe? In this article, I argue that the European New Right employs a multiculturalism framework, which I define as a recognition/exclusionist one, in order to create a new discourse of ?legitimate exclusionism? of non-authentic European immigrants. In short, multiculturalism, by celebrating differences between ethnic and cultural groups, (...) inherently admits that there exist such differences between individuals. This allows neo-fascists to distinguish between themselves and ?others?, immigrants not sharing their cultural heritage, and to claim the need for protecting such a cultural heritage through exclusion of others. As this article attempts to claim, immigrants will not benefit from multiculturalism, but the right of the radical integralist in its different versions. (shrink)

The idea of a Europe of its peoples, or a post-nation-state ‘regionalist Europe’, is largely applauded by radical democratic and post-colonial theorists who considered this development an antidote to nationalism. What is hardly heeded by liberal as well as left-wing intellectuals, however, is that several fascist and neo-fascist intellectuals during the inter-war and the post-war eras have also been attracted by the idea of a post-nation-state, ‘Europe des peoples’. By analyzing the complementary ideologies of two French intellectuals associated with fascism (...) and post-war neo-fascism – Pierre Drieu La Rochelle and Alain de Benoist – this article traces the attempts to shed new light onto some of the shortcomings embedded in the concept of the ‘Europe des peoples’. Building upon Drieu and de Benoist’s ideas on the future of Europe as a post-national exclusionist ‘Europe of the peoples’, this article sets an alert that a new type of ethnic exclusionism may be strengthened precisely with the end of old states nationalism. (shrink)

This essay is about the relationship between the moral and political thought of Jean-Jacques Rousseau and the related concepts of autonomy, social science and industrialism. Its aim is to show why these three concepts throw more light both on Rousseau's theory of the relationship between democratic sovereignty and representative government, and on his explanation of the sharply counterintuitive historical trajectory followed by democracy in its passage from ancient to modern times.

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the relative strength of each claimant's claim. (...) In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

This brief comment responds to some of the issues raised by Daniel Weinstock’s paper on the application of the republican ideal to public health. It considers the application outside of that specific context of both the problem Weinstock identifies and the solution he proposes. It queries, with reference to the different sorts of relationships of domination which exist, whether a republican approach to public health might not be better to seek to begin from private relationships of domination and to define (...) its scope with reference to such relationships. (shrink)

International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...

Is equality a distributive value or does it rather point to the quality of social relationships? This article criticizes the distributive character of luck egalitarian theories of justice and fleshes out the central characteristics of an alternative, relational approach to equality. It examines a central objection to distributive theories: that such theories cannot account for the significance of how institutions treat people (as opposed to the outcomes they bring about). I discuss two variants of this objection: first, that distributive theories (...) fail to account for the importance of how institutions cause good shortfalls and, second, that they fail to account for the normative attitude of social and political institutions expressed in different ways of treating people. The article argues that the causal variant of the objection has only very limited reach, and endorses the expressive variant: the attitudes expressed by institutions in their treatment of persons, such as contempt or neglect, generate potentially unjust social relationships and hierarchies. This should be the focus of a relational egalitarian approach to social justice. The article proceeds to explain how it is possible that artificial agents such as institutions have attitudes and how these attitudes are not reducible to those of the individuals that sustain them, and argues that distributive theories cannot be so modified as to account for such attitudes. It concludes by indicating several directions for the development of more worked-out conceptions of relational equality on this basis. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (shrink)

Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...) a right. The right against compulsion is most easily defended within a liberal framework, hence its critics often appeal instead to a republican conception of freedom. In the latter part of the paper, I argue that even these republican arguments are inconclusive. Even non-dominating interference still conditions freedom, which may require justification. Further, citizens can live up to republican ideals, so long as they are vigilant; they need not actually vote. Thus, republican arguments fail to refute a right not to vote. (shrink)

This paper critically examines Alan Patten’s theory of neutrality of treatment. It argues that the theory assumes an inadequate conception of personal autonomy that undermines its plausibility. Because of this assumption the theory is unable to account for various configurations of power that work against personal autonomy. However, I suggest that the theory can resolve the problem by developing and reinterpreting its conception of autonomy and introducing an additional strategy for addressing the power misbalances that result from the market-based interactions (...) between individuals and their conceptions of the good. (shrink)

We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.

Should the EU be a federal union or an intergovernmental forum? Recently, demoicrats have been arguing that there exists a third alternative. The EU should be conceived as a demoicracy, namely a ‘Union of peoples who govern together, but not as one’. The demoi of Europe recognise that they affect one another’s democratic health, and hence establish a union to guarantee their freedom qua demoi – which most demoicrats cash out as non-domination. This is more than intergovernmentalism, because the demoi (...) govern together on these matters. However, if the union aims at protecting the freedom of the different European demoi, it cannot do so by replacing them with a ‘superdemos’, as federalists want. This paper argues that demoicracy does possess distinctive normative features; it claims, however, that an institutional choice between intergovernmentalism and federalism is necessary. Depending on how we interpret what the non-domination of demoi requires, demoicracy will either ground a specific way of practicing intergovernmentalism or a specific form of federalism. It cannot, however, ground an institutional model which is genuinely alternative to both. (shrink)

This essay demonstrates that the management and contestability of power is central to Dewey's understanding of democracy and provides a middle ground between two opposite poles within democratic theory: Either the masses become the genuine danger to democratic governance (à la Lippmann) or elites are described as bent on controlling the masses (à la Wolin). Yet, the answer to managing the relationship between them and the demos is never forthcoming. I argue that Dewey's response to Lippmann for how we ought (...) to conceive of the relationship between citizens and elites if power is not to become arbitrary is located within a larger framework that avoids the problematic distinction Wolin draws between the demos and representative government. For Dewey, the legitimacy of decision-making, and, indeed, the security of freedom, is determined not merely by our actual involvement, but the extent to which non-participation does not preclude the future contestability of power. (shrink)

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to heart that (...) the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

This article argues that current economic upheaval should be understood as a problem of domination, in two respects: the ‘dyadic’ domination of one actor by another, and the ‘structural’ domination of individuals by a diffuse, decentralized, but nevertheless human-made system. Such domination should be contested through specifically democratic political mobilization, through institutions and practices that expand the political agency of citizens themselves. The article advances this argument by synthesizing two traditions of political thought. It reconstructs radical democratic theory from the (...) Progressive Era. These thinkers in turn help to reinforce contemporary debates in neorepublican thought, resolving disputes over the scope of domination and the relationship between domination and democracy. This synthesis offers a novel normative framework for diagnosing and responding to the current combination of economic upheaval and political dysfunction. (shrink)

A prominent objection to non-cognitive moral bio-enhancements is that they would compromise the recipient’s ‘freedom to fall’. I begin by discussing some ambiguities in this objection, before outlining an Aristotelian reading of it. I suggest that this reading may help to forestall Persson and Savulescu’s ‘God-Machine’ criticism; however, I suggest that the objection still faces the problem of explaining why the value of moral conformity is insufficient to outweigh the value of the freedom to fall itself. I also question whether (...) the objection is compatible with Neil Levy’s parity principle. Accordingly, I go on to consider an alternative relational freedom-based objection to NCMBEs that aims to explain the fundamental moral importance of the freedom that NCMBEs would violate. I argue that although this strategy might allow the critic of NCMBEs to bypass a powerful criticism of Harris’ objection, it also weakens the freedom-based objection’s compatibility with the parity principle. (shrink)

'Brainjacking’ refers to the exercise of unauthorized control of another’s electronic brain implant. Whilst the possibility of hacking a Brain–Computer Interface (BCI) has already been proven in both experimental and real-life settings, there is reason to believe that it will soon be possible to interfere with the software settings of the Implanted Pulse Generators (IPGs) that play a central role in Deep Brain Stimulation (DBS) systems. Whilst brainjacking raises ethical concerns pertaining to privacy and physical or psychological harm, we claim (...) that the possibility of brainjacking DBS raises particularly profound concerns about individual autonomy, since the possibility of hacking such devices raises the prospect of third parties exerting influence over the neural circuits underpinning the subject’s cognitive, emotional and motivational states. However, although it seems natural to assume that brainjacking represents a profound threat to individual autonomy, we suggest that the implications of brainjacking for individual autonomy are complicated by the fact that technologies targeted by brainjacking often serve to enhance certain aspects of the user’s autonomy. The difficulty of ascertaining the implications of brainjacking DBS for individual autonomy is exacerbated by the varied understandings of autonomy in the neuroethical and philosophical literature. In this paper, we seek to bring some conceptual clarity to this area by mapping out some of the prominent views concerning the different dimension of autonomous agency, and the implications of brainjacking DBS for each dimension. Drawing on three hypothetical case studies, we show that there could plausibly be some circumstances in which brainjacking could potentially be carried out in ways that could serve to enhance certain dimensions of the target’s autonomy. Our analysis raises further questions about the power, scope, and necessity of obtaining prior consent in seeking to protect patient autonomy when directly interfering with their neural states, in particular in the context of self-regulating closed-loop stimulation devices. (shrink)

ABSTRACT:This article considers the economic case for so-called sweatshop wages and working conditions. My goal is not to defend or reject the economic case for sweatshops. Instead, proceeding from a broadly pluralist understanding of value, I make and defend a number of claims concerning the ethical relevance of economic analysis for values that different agents utilize to evaluate sweatshops. My arguments give special attention to a series of recent articles by Benjamin Powell and Matt Zwolinski, which represent the latest and (...) best defense of the economic case for sweatshops. In the process, I challenge Zwolinski’s “non-worseness claim” (NWC), and the idea that opposition to sweatshop wages and working conditions fails to respect that the autonomy of would-be sweatshop workers. Ultimately, I conclude that even if the economic case for sweatshops rests on a solid empirical foundation, agents possess good reason to advocate for better wages and working conditions for sweatshop workers, and to prefer less exploitative or coercive relationships. Sweatshop labor undermines a compelling vision of free markets, according to both Kantian and republican conceptions of freedom, and the relationships formed by those who participate in such markets. (shrink)

Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...) obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches. (shrink)

In a recent discussion of Amartya Sen's concept of the capabilities of people for functioning in their society – and the idea of targeting people's functioning capabilities in evaluating the society – G. A. Cohen accuses Sen of espousing an inappropriate, ‘athletic’ image of the person (Cohen, 1993, pp. 24–5). The idea is that if Sen's formulations are to be taken at face value, then life is valuable only so far as people actively choose most facets of their existence: if (...) they fare well in the material stakes, for example, they must fare well as a result of active choice and effort, not because anyone else looks after them. ‘That’, says Cohen, ‘overestimates the place of freedom and activity in well-being’ (p. 25). (shrink)

A republican theory of social justice specifies how republican freedom should be distributed. The goal of this paper is to assess the plausibility of two recently proposed principles of republican social justice: an aggregative maximizing principle defended by Philip Pettit in Republicanism and a sufficiency principle of republican social justice offered by Pettit in On the People’s Terms. The maximizing principle must be rejected because it permits under-protecting vulnerable members of society in favor of increasing the freedom of the powerful. (...) The sufficiency principle avoids the most basic objection to the maximizing principle, but it is at best an incomplete theory of social justice. Social justice requires principle(s) for determining the justice of distributions above the sufficiency threshold and republican theory does not determine which principle(s) should govern distributions above the threshold. Republicans must decide whether they will incorporate an independent commitment to equality within their theory of social justice. (shrink)

Despite the variety of competing interpretations of domination, a common feature of the most influential analyses of the concept is their reliance on a normative criterion: the detrimental effect of domination on those subject to it. This article offers a non-evaluative, non-consequence-based definition of domination, in line with the perspective on power developed by the theory of the social exchange. Domination, it is argued, should be seen as a structural property of a power relation, and consists in an extreme inequality (...) in the social distribution of power. It is contended, accordingly, that the postulation of a society in which domination is avoided (or minimized) should rely on the ideal of the minimization of inequality, and, more specifically, that it should be based on a distributional pattern of maximally equal social resources. (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)

If someone brings about an outcome without intending to, is she causally and morally responsible for it? What if she acts intentionally, but as the result of manipulation by another agent? Previous research has shown that an agent's mental states can affect attributions of causal and moral responsibility to that agent, but little is known about what effect one agent's mental states can have on attributions to another agent. In Experiment 1, we replicate findings that manipulation lowers attributions of responsibility (...) to manipulated agents. Experiments 2–7 isolate which features of manipulation drive this effect, a crucial issue for both philosophical debates about free will and attributions of responsibility in situations involving social influence more generally. Our results suggest that “bypassing” a manipulated agent's mental states generates the greatest reduction in responsibility, and we explain our results in terms of the effects that one agent's mental states can have on the counterfactual relations between another agent and an outcome. (shrink)

European Journal of Political Theory, Volume 21, Issue 1, Page 47-67, January 2022. In response to the republican revival of the ideal of freedom as non-domination, a number of ‘radical’, ‘labour’ and ‘workplace’ republicans have criticised the limitations of Philip Pettit’s account of freedom and government. This article proposes that the missing link in these debates is the relationship between republicanism and socialism. Seeking to bring this connection back into view in historical and theoretical terms, the article draws from contemporary (...) radical republicans and the writings of Karl Kautsky and Rosa Luxemburg to propose a socialist republican theory of freedom and government. This consists of a conception of freedom as collective autonomy and a participatory democratic vision of a decentralised state with parliamentary institutions, the rule of law, worker-controlled workplaces, community-directed investment and a political culture of solidarity and public-spiritedness. This theory of socialist republicanism seeks to overcome the weaknesses and limitations of each respective independent theory and should appeal to republicans and socialists alike. (shrink)

Isaiah Berlin distinguished between negative liberty, which is freedom from external coercion, and positive liberty, the freedom to master oneself. But the schema is too simple. Adam Smith thought that God had harmoniously arranged the world in such a way that the freedom provided by our negative liberty tended to redound to the public good. Mill, worried about the deleterious effects of public ignorance, accorded elites a prominent role in ensuring that negative liberty would lead to positive results. More recently, (...) libertarian paternalists, such as Richard Thaler and Cass Sunstein, have argued that research on biases and heuristics demonstrates the need for psychologically informed elites to direct negative liberty toward positive ends by crafting better ?choice contexts.? In these thinkers one can discern a third version of liberty, where negative liberty is not an end in itself but a means, however insufficient, to positive outcomes. (shrink)

Are the rights, duties, and virtues of citizenship grounded exclusively in considerations of justice, or do some or all of them have other sources? This question is addressed by distinguishing three different accounts of the justification of these rights, duties, and virtues, namely, the justice account, the common-good account, and the equal-membership account. The common-good account is rejected on the grounds that it provides an implausible way of understanding what it is to act as a citizen. It is then argued (...) that the justice account and the equal-membership account provide complementary perspectives that differ in terms of the scope of the duties they ground: the latter offers an analysis of the duties that citizens proper (those with an unconditional right of residence and full political rights) owe to each other, whereas the former provides an analysis of the duties that those who are under the jurisdiction of the same state, whether fellow citizens or not, owe to each other. The article concludes by arguing that the distinction between the justice account and the equal-membership account cuts across the traditional one that is drawn between liberal and republican theories of citizenship. (shrink)

To judge from the rash of recent law review articles, it is a miracle that research with human subjects in the U.S. continues to draw breath under the asphyxiating heel of the rent-seeking, creativity-stifling, jack-booted bureaucrethics that is the current system of research ethics oversight and review. Institutional Review Boards, sometimes called Research Ethics Committees, have been accused of perpetrating “probably the most widespread violation of the First Amendment in our nation's history,” resulting in a “disaster, not only for academics, (...) but for the whole nation.” One member of the President's Council on Bioethics went so far as to assert, “There has been no greater damage to academic freedom in the United States in my lifetime. And my lifetime encompasses McCarthy and it encompasses political correctness, both.” Locked in the bureaucratic “iron cage” of IRB oversight, critics charge that researchers have been transformed into a vulnerable, exposed population, subject to domination, that has been likened in one case to a kind of “Tuskegee in reverse.”. (shrink)

There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) us all poorer and less free. Like Rawls, Hayek held that we should assess social institutions from behind a veil of ignorance, and he thought that doing so pushed us toward egalitarianism. Most of the distance between Hayek and Rawls at the level of policy stems from Hayek's optimism about the operation of markets, his equivocation about the meaning of central concepts, and his appeal to under-argued slippery slopes. Hayek wavered, however, between claiming that private property and markets benefit everyone, compared to the feasible alternatives, and the principle that they maximize the opportunities of a randomly selected member of society, i.e., aggregate opportunity. Contemporary Hayekians claim that capitalism raises the position of the worst off in the long run, in future generations, whereas Rawlsians insist that inequalities between social positions should benefit the worst off now. (shrink)

Philip Pettit (2001) has suggested that there are parallels between his republican account of freedom and Amartya Sen's (1970) account of freedom as decisive preference. In this paper, I discuss these parallels from a social-choice-theoretic perspective. I sketch a formalization of republican freedom and argue that republican freedom is formally very similar to freedom as defined in Sen's “minimal liberalism” condition. In consequence, the republican account of freedom is vulnerable to a version of Sen's liberal paradox, an inconsistency between universal (...) domain, freedom, and the weak Pareto principle. I argue that some standard escape routes from the liberal paradox – those via domain restriction – are not easily available to the republican. I suggest that republicans need to take seriously the challenge of the impossibility of a Paretian republican. Footnotes1 I am grateful to Luc Bovens, Geoffrey Brennan, Keith Dowding, Philip Pettit, and Wlodek Rabinowicz for very helpful comments and discussion. (shrink)

ABSTRACT:This article provides a normative justification for unions. It discusses three arguments. The argument from consent justifies unions in some circumstances, but if the employer prefers to not bargain with unions, it may provide very little justification. The argument from contestability takes as its starting point the fact that employment contracts are incomplete contracts, where authority takes the place of complete contractual terms. This theory of contracts implies that consent to authority has been given under ignorance, and, therefore, that authority (...) cannot be justified by consent. Contestability is a mechanism that can handle this problem for consent theory. It demands transparency, channels for voice, and a forum where contestations can be evaluated. This idea can be implemented in firms in different ways, but the argument from the separation of powers implies that unions are uniquely suited to implement contestability, since they are organized outside of the employer’s domain of authority. (shrink)

This article considers two questions: Do democratic states have the right to deport non-citizens present or residing on their territory? And, if so, what principles should guide deportation in democratic states? The overall objective is to offer an account of what deportation should look like in a liberal democratic state. I begin by situating the practice of deportation in larger discussions of the extent of state discretion in controlling both borders and membership; here, I will argue that potential deportees occupy (...) an awkward middle space, i.e. it is not clear whether they should be treated according to the principles that regulate discretion at the border or discretion in admitting migrants to membership. I then consider more deeply whether deportation can be rendered non-arbitrary, or whether it is bound to remain unjustly applied; where it cannot be rendered non-arbitrary, it must be rejected, or so I shall argue. To be non-arbitrary, the practice of deportation must meet three criteria: a publicity criterion, a justification criterion, and a collective interest criterion. In the final section of the article, I disentangle deportation into its component parts – I distinguish just cause for deportation from just action in deportation – and consider how the criteria that stem from a commitment to non-arbitrariness constrain its application to non-citizen residents. The consequence of requiring deportation to be applied, if at all, in a non-arbitrary way is that there will certainly be cases where liberal democracies find themselves unable to deport those who might otherwise be thought eligible for deportation. Ultimately, I conclude that deportation from liberal democratic states can be fair only in a small number of cases. (shrink)

Many political philosophers argue that interference (or vulnerability to interference) threatens a person’s agency. And they cast political freedom in opposition to interpersonal threats to agency, as non-interference (or non-subjection). I argue that this approach relies on an inapt model of agency, crucial aspects of which emerge from our relationships with other people. Such relationships involve complex patterns of vulnerability and subjection, essential to our constitution as particular kinds of agents: as owners of property, as members of families, and as (...) participants in a market for labor. We should construct a conception of freedom that targets the structures of our interpersonal relations, and the kinds of agents these relations make us. Such a conception respects the interpersonal foundations of human agency. It also allows us to draw morally significant connections between diverse species of unfreedom—between, for instance, localized domination and structural oppression. (shrink)

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...) a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (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)

The negative impacts of social media have given rise to philosophical questions around whether social media companies have the authority to regulate user-generated content on their platforms. The most popular justification for that authority is to appeal to private ownership rights. Social media companies own their platforms, and their ownership comes with various rights that ground their authority to moderate user-generated content on their platforms. However, we argue that ownership rights can be limited when their exercise results in significant harms (...) to others or the perpetration of injustices. We outline some of the substantive harms that social media platforms inflict through their practices of content moderation and some of the procedural injustices that arise through their arbitrary application of community guidelines. This provides a normative basis for calls to better regulate user-generated content on social media platforms. We conclude by considering some of the political and legal implications of our argument. (shrink)

It seems obvious that informational privacy has an epistemological component; privacy or lack of privacy concerns certain kinds of epistemic relations between a cogniser and sensitive pieces of information. One striking feature of the fairly substantial philosophical literature on informational privacy is that the nature of this epistemological component of privacy is only sparsely discussed. The main aim of this paper is to shed some light on the epistemological component of informational privacy.

The further development of public health ethics will be assisted by a more direct engagement with political theory. In this way, the moral vocabulary of the liberal tradition should be supplemented—but not supplanted—by different conceptual and normative resources available from other traditions of political and social thought. This article discusses four lines of further development that the normative conceptual discourse of public health ethics might take. The relational turn. The implications for public health ethics of the new ‘ecological’ or ‘relational’ (...) interpretation that is emerging for concepts such as agency, self-identity, autonomy, liberty and justice. Governing the health commons. The framework of collective action problems is giving way to notions of democratic governance and management of common resources. The concept of membership. Membership is specified by the notions of equal respect and parity of voice and agency. The concept of mutuality. Mutuality is specified by the notions of interdependent concern and care. (shrink)

This article argues that Hayek employed a neo-Roman concept of liberty. It will show that Hayek’s definition of liberty conforms to that provided by Philip Pettit and Quentin Skinner, respectively...

John Harris recently argues that the moral bioenhancement proposed by Persson and Savulescu can damage moral agency by depriving the recipients of their freedom to fall (freedom to make wrongful choices) and therefore should not be pursued. The link Harris makes between moral agency and the freedom to fall, however, implies that all forms of moral enhancement, including moral education, that aim to make the enhancement recipients less likely to “fall” are detrimental to moral agency. In this paper, I present (...) a new moral agency-based critique against the moral bioenhancement program envisaged by Persson and Savulescu. I argue that the irresistible influences exerted by the bioenhancement program harms our capabilities for conducting accurate self-reflection and forming decisions that truly express our will, which subsequently undermine our moral agency. (shrink)