This paper offers an answer to an objection to Phillip Pettit’s neo‐republican account of freedom as non‐domination raised by Sharon Krause. The objection is that widespread prejudice, such as systemic racism or sexism, generates significant obstacles to individuals’ free agency but that neo‐republicanism fails to explain why these obstacles reduce freedom. This is because neo‐republicanism defines domination in terms of the capacity for arbitrary interference, but many prejudiced actions do not involve physical coercion, threats, or any other behavior typically described (...) as types of interference. The paper discusses three strategies to account for the impact of widespread prejudice on the domination of groups. It argues that the most plausible strategy redefines domination in terms of behavior that is prima facie wrong and lacks appropriate checks. Such behavior includes interference but also includes prejudiced actions, such as failing to select the most qualified candidate for a job. (shrink)

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

_ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply a (...) right to legal self-ownership. Nonetheless, a concern for animal option-freedom means that humans do have a _pro tanto_ duty of non-interference. Arguments familiar from the liberal tradition moreover imply that such a duty speaks for drastic reforms of existing animal law. But it does not imply wholesale abolitionism: it neither rules out positive duties towards animals nor means that we should abandon all interactions with animals. (shrink)

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 (...) unfree person, the case of a slave with a non-interfering master is often cited as providing a good argument for the first republican claim and against a negative conception of freedom. One aim of this article is to raise doubts about whether this is true. The other aim of the article is to show that the prisoner—also a paradigm of the unfree person—presents a good argument against the second republican claim and in favour of a negative conception of freedom. This is called the ‘prisoner-argument’. It will be argued that neither Pettit’s distinction between free persons and free choices nor his distinction between compromising and conditioning factors of freedom can help to rebut the charge of the prisoner-argument. (shrink)

When assessing institutions and social outcomes, it matters how free society is within them (‘societal freedom’). For example, does capitalism come with greater societal freedom than socialism? For such judgements, freedom theorists typically assume Individualism: societal freedom is simply the aggregate of individual freedom. However, G.A. Cohen’s well-known case provides a challenge: imagine ten prisoners are individually free to leave their prison but doing so would incarcerate the remaining nine. Assume further that no one actually leaves. If we adopt Individualism (...) plus the standard liberal view of freedom, such incarceration seems to leave societal freedom unaffected. This is an important theoretical challenge: it seems we must either reject Individualism or reject, or at least amend, the liberal view. Cohen also suggests his case, and the collective unfreedom therein, helps us capture how proletarians are unfree under capitalism. In this article, I argue that we can solve Cohen’s puzzle, if we focus on how power can reduce freedom. If we adopt the republican view of freedom, we can say that prisoners are unfree in Cohen’s case because they are dominated by the other prisoners. This solution keeps Individualism but moves beyond liberal freedom. I then also show how this individualistic framework captures proletarian unfreedom. (shrink)

Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time but have failed to (...) give proper attention to freedom across time. Given that we care about personal freedom now, we have reason to care about future freedom too. But what kind of distribution of freedom across a person’s lifetime should we promote as a matter of legislation and public policy? I argue that none of the candidate principles for the distribution of freedom across time is plausible. Neither a starting gate view, nor a maximisation nor a sufficientarian view is satisfactory, because none adequately reflects our various reasons to value freedom. I show that this result presents a tough challenge for theories of distributive justice and paternalism that set great store by personal freedom. (shrink)

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 (...) is freedom itself—or its value or distribution—that provides reason for lockdowns. (shrink)

ABSTRACTThis paper explores and reevaluates the place of Plato in the history of liberty. In the first half, reevaluating the view that he invents a concept of ‘positive liberty’ in the Republic, I argue for two claims: that he does not do so, insofar as this is not the way that virtuous psychological self-mastery in the Republic is understood, and that the Republic works primarily with the inverse concept of slavery, relying on entrenched Greek ideas about the badness of the (...) status of being a slave and the actions and dispositions associated with it. Turning in the second half to seek Platonic innovation not in the domain of ‘positive liberty’ but in reflection on liberty as a political value, understood as the liberty of action of citizens within the laws, I argue for two further claims: that as such a political value, liberty is limited and reshaped in both the Republic and the Laws to be compatible with obedience to rule / willingness to be ruled, ideally willing obedience; and that for this limited and reshaped value to be secured, such obedience must be manifested not only in regard to a constitution’s laws, but also to the magistrates who hold office within it. (shrink)

What is domination? According to a leading strand of republican political philosophy, a person is dominated when under the unconstrained power of another. Call this the dyadic conception of domination, because it involves a two‐person relation. I argue that domination is better understood structurally. Structural domination is domination by institutions. Rather than a master dominating a slave and a boss dominating a worker (as in dyadic domination), structural domination holds that the institution of slavery dominates the slave and labor law (...) dominates the worker. Without the structural conception, I contend, one misdescribes the power dynamics of paradigm cases of domination. (shrink)

Who is responsible for fighting domination? Answering this question, I argue, requires taking the structural dimension of domination seriously to avoid unwillingly reproducing domination in the nam...

Imagine you are walking through a park. Suddenly, a mugger points a gun at you, threatening to shoot you if you do not hand over your valuables. Is this an instance of domination? Many authors working within the neo-republican framework - including Philip Pettit himself - are inclined to say 'yes'. After all, the mugger case seems to be a paradigmatic example of what it means to be at someone's mercy. However, I argue that this conclusion is based on a (...) misleading, interactional account of domination that misconceives its structural character. Domination, I maintain, is a structurally constituted form of power. Whether the mugger in the park dominates you or not can only be established by analysing the wider power structures in which your interaction is embedded. (shrink)

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

O conceito de liberdade negativa se tornou corriqueiro na filosofia política, ao menos desde os trabalhos de Constant e Berlin. Igualmente, é quase um lugar comum referir o mesmo a Hobbes, como sendo quem por primeiro o formulou. O texto apresenta o referido conceito em Hobbes, a partir de duas críticas ao mesmo, quais sejam, aquela segundo a qual o seu conceito definir-se-ia em função da satisfação de desejos, de tal forma que não haveria impedimento se os desejos fossem adaptados (...) às necessidades, e aquela segundo a qual haveria uma inconsistência na sustentação de que o medo da sanção das leis jurídicas seria um impedimento da liberdade. A resposta à primeira objeção se dará pela afirmação de que a liberdade negativamente definida como não-interferência é imune à tese do controle dos desejos, pois a vontade não é livre. Por seu turno, a resposta à segunda objeção se dará pela distinção entre a coação física da lei e o efeito oblíquo desta sobre as paixões. (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)

Pettit endorses a ‘republican’ conception of social freedom of the person as consisting of a state of non-domination, and takes this to refute Mill’s ‘liberal’ claim that non-domineering but coercive interference can compromise social freedom of choice. This paper argues that Pettit’s interpretation is true to the extent that Mill believes that the legitimate, non-arbitrary and just coercion of would-be dominators, for the sake of preventing them from dominating others, can render them unfree to choose to do so without rendering (...) them socially unfree (qua dominated) persons in their own right. However, contra Pettit, Mill is correct to reject the ‘republican’ view for at least two reasons. Firstly, it enables him to avoid commitment to the implausible implication that would-be dominators who sincerely deny any interest in a shared system of basic liberties are automatically rendered unfree persons by the coercion necessary to uphold such a system. Secondly, it enables him to avoid begging the question against ‘immoralists’ like Nietzsche, whose opposition to systems of reciprocal non-domination is at least partly motivated by the losses of social freedom of choice they entail for those they deem to be worthy of dominating others. (shrink)

Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...) work on the value of freedom, it will be argued that freedom is non-specifically instrumentally valuable. Accordingly, freedom is a means to other goods, but often it is not possible to identify those goods in advance or aim for them directly. Some of the reasons that make freedom non-specifically valuable for human relationships, it will be argued, also apply to relationships between humans and animals. Amongst other implications, it will be shown how this argument provides a response to those who fear that stricter animal protection policies might undermine people’s freedom: A concern for freedom actually requires stricter protection policies rather than speak against them. (shrink)