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  1. (1 other version)A fault line in ethical theory.Shyam Nair - 2014 - Philosophical Perspectives 28 (1):173-200.
    A traditional picture is that cases of deontic constraints--- cases where an act is wrong (or one that there is most reason to not do) even though performing that act will prevent more acts of the same morally (or practically) relevant type from being performed---form a kind of fault line in ethical theory separating (agent-neutral) consequentialist theories from other ethical theories. But certain results in the recent literature, such as those due to Graham Oddie and Peter Milne in "Act and (...)
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  • A Republican Theory of Adjudication.Frank Lovett - 2015 - Res Publica 21 (1):1-18.
    In recent years there has been a revival of interest in civic republicanism. In light of this revival, it is interesting to consider what sort of theory of legal or judicial adjudication such a doctrine—centered on the value of promoting freedom from domination—would recommend. After discussing the importance of such a theory and clarifying its relationship to broader questions of institutional design, it is argued that theories of adjudication should be assessed according to three criteria: first, their contribution to the (...)
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  • The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  • Kant, Ripstein and the Circle of Freedom: A Critical Note.Laura Valentini - 2012 - European Journal of Philosophy 20 (3):450-459.
    Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...)
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  • (3 other versions)The problem of constrained judgment aggregation.Franz Dietrich & Christian List - 2010 - In Thomas Uebel, Stephan Hartmann, Wenceslao Gonzalez, Marcel Weber, Dennis Dieks & Friedrich Stadler (eds.), The Present Situation in the Philosophy of Science. Springer. pp. 125-139.
    Group decisions must often obey exogenous constraints. While in a preference aggregation problem constraints are modelled by restricting the set of feasible alternatives, this paper discusses the modelling of constraints when aggregating individual yes/no judgments on interconnected propositions. For example, court judgments in breach-of-contract cases should respect the constraint that action and obligation are necessary and sufficient for liability, and judgments on budget items should respect budgetary constraints. In this paper, we make constraints in judgment aggregation explicit by relativizing the (...)
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  • Freedom as Critique. Foucault Beyond Anarchism.Karsten Schubert - 2020 - Philosophy and Social Criticism 46.
    Foucault's theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of 'freedom as critique': Freedom can be defined as the capability to critically reflect one's own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault's thinking obscures freedom. The standard response interprets (...)
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  • When to defer to supermajority testimony — and when not.Christian List - 2014 - In Jennifer Lackey (ed.), Essays in Collective Epistemology. Oxford: Oxford University Press. pp. 240-249.
    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” (...)
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  • Republican Freedom and Liberal Neutrality.Lars Moen - 2023 - Journal of Ethics and Social Philosophy 26 (2):325–348.
    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 (...)
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  • (3 other versions)The problem of constrained judgment aggregation.Franz Dietrich & Christian List - 2010 - In Thomas Uebel, Stephan Hartmann, Wenceslao Gonzalez, Marcel Weber, Dennis Dieks & Friedrich Stadler (eds.), The Present Situation in the Philosophy of Science. Springer. pp. 125-139.
    Group decisions must often obey exogenous constraints. While in a preference aggregation problem constraints are modelled by restricting the set of feasible alternatives, this paper discusses the modelling of constraints when aggregating individual yes/no judgments on interconnected propositions. For example, court judgments in breach-of-contract cases should respect the constraint that action and obligation are necessary and sufficient for liability, and judgments on budget items should respect budgetary constraints. In this paper, we make constraints in judgment aggregation explicit by relativizing the (...)
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  • Freedom and its unavoidable trade‐off.Lars J. K. Moen - 2024 - Analytic Philosophy 65 (1):22–36.
    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 (...)
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  • Freedom and Viruses.Kieran Oberman - 2022 - Ethics 132 (4):817-850.
    A common argument against lockdowns is that they restrict freedom. On this view, lockdowns might be effective in protecting public health, but their impact on freedom is purely negative. This article challenges that view. It argues that while lockdowns restrict freedom, so too do viruses. Since viruses restrict freedom and lockdowns protect us from viruses, lockdowns can protect us from the harmful effects that viruses have on freedom. The problem we face is not necessarily freedom versus public health. Sometimes it (...)
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  • (3 other versions)The problem of constrained judgment aggregation.Franz Dietrich & Christian List - 2010 - In Thomas Uebel, Stephan Hartmann, Wenceslao Gonzalez, Marcel Weber, Dennis Dieks & Friedrich Stadler (eds.), The Present Situation in the Philosophy of Science. Springer. pp. 125-139.
    Group decisions must often obey exogenous constraints. While in a preference aggregation problem constraints are modelled by restricting the set of feasible alternatives, this paper discusses the modelling of constraints when aggregating individual yes/no judgments on interconnected propositions. For example, court judgments in breach-of-contract cases should respect the constraint that action and obligation are necessary and sufficient for liability, and judgments on budget items should respect budgetary constraints. In this paper, we make constraints in judgment aggregation explicit by relativizing the (...)
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  • Freedom as Non-domination, Robustness, and Distant Threats.Alexander Bryan - 2021 - Ethical Theory and Moral Practice 24 (4):889-900.
    It is a core feature of the conception of freedom as non-domination that freedom requires the absence of exposure to arbitrary power across a range of relevant possible worlds. While this modal robustness is critical to the analysis of paradigm cases of unfreedom such as slavery, critics such as Gerald Gaus have argued that it leads to absurd conclusions, with barely-felt constraints appearing as sources of unfreedom. I aim to clarify the demands of the modal robustness requirement, and offer a (...)
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  • Eliminating Terms of Confusion: Resolving the Liberal–Republican Dispute.Lars J. K. Moen - 2022 - The Journal of Ethics 26 (2):247–271.
    John Rawls thinks republicanism is compatible with his political liberalism. Philip Pettit insists that the two conflict in important ways. In this paper, I make sense of this dispute by employing David Chalmers’s method of elimination to reveal the meaning underlying key terms in Rawls’s political liberalism and Pettit’s republicanism. This procedure of disambiguating terms will show how the two theories defend the same institutional arrangement on the same grounds. The procedure thus vindicates Rawls’s view of the two theories being (...)
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  • On the Value of Constitutions and Judicial Review.Laura Valentini - 2017 - Criminal Law and Philosophy 11 (4):817-832.
    In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...)
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  • Human Rights, Freedom, and Political Authority.Laura Valentini - 2012 - Political Theory 40 (5):573-601.
    In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect human rights, (...)
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  • Freedom as Independence.Christian List & Laura Valentini - 2016 - Ethics 126 (4):1043–1074.
    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 (...)
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  • Disability and Domination: Lessons from Republican Political Philosophy.Tom O'Shea - 2018 - Journal of Applied Philosophy 35 (1):133-148.
    The republican ideal of non-domination identifies the capacity for arbitrary interference as a fundamental threat to liberty that can generate fearful uncertainty and servility in those dominated. I argue that republican accounts of domination can provide a powerful analysis of the nature of legal and institutional power that is encountered by people with mental disorders or cognitive disabilities. In doing so, I demonstrate that non-domination is an ideal which is pertinent, distinctive, and desirable in thinking through psychological disability. Finally, I (...)
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  • The Constitution of Nondomination.Guido Pincione - 2011 - Social Philosophy and Policy 28 (1):261-289.
    Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...)
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  • Systemic domination, social institutions and the coalition problem.Hallvard Sandven - 2020 - Politics, Philosophy and Economics 19 (4):382-402.
    This article argues for a systemic conception of freedom as non-domination. It does so by engaging with the debate on the so-called coalition problem. The coalition problem arises because non-domination holds that groups can be agents of (dominating) power, while also insisting that freedom be robust. Consequently, it seems to entail that everyone is in a constant state of domination at the hands of potential groups. However, the problem can be dissolved by rejecting a ‘strict possibility’ standard for interpreting non-domination’s (...)
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  • The social bases of freedom.Harrison Frye - 2022 - Critical Review of International Social and Political Philosophy 25 (7):963-979.
    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 (...)
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  • The Contribution of Security to Well-being.Jonathan Herington - 2019 - Journal of Ethics and Social Philosophy 14 (3).
    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 (...)
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  • Republican autonomy : extending freedom as non-domination.Ezechiel Thibaud - 2021 - Dissertation, Lingnan University
    In political philosophy, the concept of autonomy is often associated with liberalism: it serves as a justification for the liberal values of state neutrality and value pluralism, and seems coherent with the liberal definition of freedom as the absence of interference. Neo-republicans have pointed out that freedom as non-interference fails to acknowledge the fact that one may be unfree while non-interfered with, while on the other hand, not all forms of interference are freedom-limiting. They have proposed to replace the concept (...)
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  • Slaves, Prisoners, and Republican Freedom.Fabian Wendt - 2011 - Res Publica 17 (2):175-192.
    Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...)
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  • Why is law necessary for human dignity?Stephen Riley - 2020 - Jurisprudence 11 (2):248-258.
    The modern state produces distinctive possibilities and pathologies for human value and autonomy. The modern state is the iron cage making novel crimes against humanity possible. The state also reg...
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  • Sisäisyys ja suunnistautuminen. Inwardness and orientation. A Festchrift to Jussi Kotkavirta.Arto Laitinen, Jussi Saarinen, Heikki Ikäheimo, Pessi Lyyra & Petteri Niemi (eds.) - 2014 - SoPhi.
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  • A Note on List's Modal Logic of Republican Freedom.Boudewijn de Bruin - 2008 - Politics, Philosophy and Economics 7 (3):341-349.
    In this note, I show how Christian List's modal logic of republican freedom (as published in this journal in 2006) can be extended (1) to grasp the differences between liberal freedom (noninterference) and republican freedom (non-domination) in terms of two purely logical axioms and (2) to cover a more recent definition of republican freedom in terms of `arbitrary interference' that gains popularity in the literature.
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  • Freedom as critique: Foucault beyond anarchism.Karsten Schubert - 2021 - Philosophy and Social Criticism 47 (5):634-660.
    Foucault’s theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of ‘freedom as critique’: Freedom can be defined as the capability to critically reflect upon one’s own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault’s thinking obscures freedom. The standard response (...)
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  • A fault line in ethical theory.Gopal Shyam Nair - unknown
    A venerable idea in the history of moral philosophy is that central among the normative notions is the notion of goodness or value. This idea, which can be found at least as early as 1903 in G.E. Moore’s Principia Ethica, claims that goodness is central in that all other normative notions can be explained in terms of it. Moore’s approach and the dominant approach to the project of explaining the normative notions of rightness and what we have reason to do (...)
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  • (1 other version)Republicanism.Frank Lovett - 2008 - Stanford Encyclopedia of Philosophy.
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