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 (...) Fou-cault's later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault's work. By differentiating these concepts, this paper proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for 'modal robustness' and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault's thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion on freedom. (shrink)

On dit souvent que l’affaire Dreyfus a été un moment clé dans l’histoire du républicanisme français. Mais le sens philosophique de ce tournant reste à élucider. Il n’est pas sûr, en effet, que le discours républicain se réduise alors à une apologie de l’individu et de la justice contre la raison d’État. L’objectif de cet article est d’analyser les arguments mobilisés dans le camp dreyfusard par certaines figures du socialisme républicain, comme Jean Jaurès, ou du républicanisme comme Alfred Fouillée et (...) Émile Durkheim notamment. L’examen des positions de Célestin Bouglé, jeune sociologue proche de Durkheim, est ici privilégié: il se situe, par sa biographie et son oeuvre, au carrefour des diverses tendances, du positivisme au néo-criticisme. (shrink)

Are there any advantages to thinking and speaking about ethical business in the language of citizenship? We will address this question in part by looking at the possible relevance of a vast literature on individual citizenship that has been produced by political philosophers over the last fifteen years. Some of the central elements of citizenship do not seem to apply straightforwardly to corporations. E.g., “citizenship” typically implies membership in a state and an identity akin to national identity; but this connotation (...) of citizenship is obviously problematic for multinational corporations. However, the language of citizenship does help to focus our attention on various legal and political virtues (or vices) for corporations—topics that have been largely neglected by discussions under other rubrics, such as CSR or sustainability. We finish with an evaluation of the potential benefits and costs of conceptualizing and talking about ethical business practices in the language of citizenship. (shrink)

If militarism violates the ideals of liberty and justice in one way, and rapidly increasing social stratification violates them in another, then American democracy is in crisis. A culture of democratic accountability will survive only if citizens revive the concerns that animated the great reform movements of the past, from abolitionism to civil rights. It is crucial, when reasoning about practical matters, not only to admit how grave one's situation is, but also to resist despair. Therefore, the fate of democracy (...) depends, to some significant degree, on how we choose to describe the crisis. Saying that we have already entered the new dark ages or a post-democratic era may prove to be a self-fulfilling prophecy, because anyone who accepts this message is apt to give up on the hard work of organizing and contestation that is needed to hold political representatives accountable to the people. This paper asks how one might strike the right balance between accuracy and hope in describing the democracy's current troubles. After saying what I mean by democracy and what I think the current threats to it are, I respond to Romand Coles's criticisms of reservations I have expressed before about rhetorical excess in the works of Stanley Hauerwas, Alasdair MacIntyre, and Richard Rorty. This leads to a discussion of several points raised against me by Hauerwas. A digression offers some of my reasons for doubting that John Howard Yoder's biblical scholarship vindicates Hauerwas's version of pacifism. The paper concludes by arguing that Sheldon Wolin's work on the evisceration of democracy, though admirably accurate in its treatment of the dangers posed by empire and capital, abandons the project of democratic accountability too quickly in favor of the romance of the fugitive. (shrink)

By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...

Various Scottish Enlightenment thinkers raised substantial challenges to the British imperial policy over the course of the eighteenth century. They were largely concerned about the global competit...

Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists (...) more than first time offenders or why “hate crimes” are of special concern. A republican view of criminal law brings our most natural intuitions back into focus by insisting that the core of criminal responsibility lies in the offender’s attack on the civic bonds that make living in a society as equals possible. By grounding our punishment practices in an Aristotelian republicanism that for so long was the unquestioned basis of mutual responsibility, we understand that hostility, as expressed in the offender’s “civic character,” matters to us all while still seeing our obligations to reintegrate both victim and offender into our shared civic project. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and (...) coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)

The Anthropocene, understood from the perspective of the creators of Earth System Science and IPCC, calls for global governance, which tends to be understood as an epistocratic, technocratic affair leaving little room for reflective rationality and politics in the agonistic sense. Using the republican repertoire, I argue that global governance thus understood is actually the last thing we need. I suggest that global environmental institutions ought to be based on ‘constitutional republicanism’. Key elements of this approach are a Machiavellian appreciation (...) of discord, agonism and ‘the political’, combined with a realistic assessment of the very diverse interests at stake in global climate politics, hence very diverse ideas about the benefits and burdens of specific global environmental strategies; and institutions based on ideas uniquely developed by republicans from Machiavelli to Mouffe allowing for human and science’s fallibility on the one hand, irreducible moral and political diversity on the other. (shrink)

The Anthropocene, understood from the perspective of the creators of Earth System Science and IPCC, calls for global governance, which tends to be understood as an epistocratic, technocratic affair leaving little room for reflective rationality and politics in the agonistic sense. Using the republican repertoire, I argue that global governance thus understood is actually the last thing we need. I suggest that global environmental institutions ought to be based on ‘constitutional republicanism’. Key elements of this approach are a Machiavellian appreciation (...) of discord, agonism and ‘the political’, combined with a realistic assessment of the very diverse interests at stake in global climate politics, hence very diverse ideas about the benefits and burdens of specific global environmental strategies; and institutions based on ideas uniquely developed by republicans from Machiavelli to Mouffe allowing for human and science’s fallibility on the one hand, irreducible moral and political diversity on the other. (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)

From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...) what they achieve or do: they can be ‘intrinsically unjust’. Institutions, I argue, are intrinsically unjust when they have legal liberties and powers without having the corresponding moral liberties and powers. States without political authority are intrinsically unjust in that sense. Hence the issues of a state’s justness and a state’s political authority cannot be dealt with separately. This is a problem not only for left-libertarians but for ‘philosophical anarchism’ more generally. (shrink)

Within the small literature on homelessness in political philosophy, freedom-based accounts loom large. Such accounts, however, give rise to minimalism concerns: concerns that these accounts are too modest in what they demand for those who are homeless, particularly when homelessness is considered in the context of wealthier countries. In this paper, I consider the success of minimalism charges against freedom-based accounts of homelessness. I argue that whilst such charges are aptly levelled against two major freedom-based accounts, from Jeremy Waldron and (...) Christopher Essert, a third account can evade or respond to such charges. This is the autonomy-based account of homelessness. Although the autonomy-based account has come in for significant recent criticism on grounds of minimalism, I argue that properly understood and developed, it has the resources to ground a plausible account of homelessness. (shrink)

A central project of Enlightenment thought is to ground claims to natural freedom and equality. This project is the foundation of Suchon’s view of freedom. But it is not the whole story. For, Suchon’s focus is not just natural freedom, but also the necessary and sufficient conditions for oppressed members of society, women, to avail themselves of this freedom. In this paper I, first, treat Suchon’s normative argument for women’s right to develop their rational minds. In Section 2, I consider (...) Suchon’s three necessary and sufficient conditions for freedom, and the manners in which women are blocked from meeting them. The normative argument together with the obstacles to women meeting the conditions for freedom raises the question of how to get women into a position where they can enjoy the freedom to which they are entitled. In Section 3, I outline Suchon’s answer: women must live a life without attachment. I argue this answer situates Suchon both chronologically and theoretically between the Béguines, a medieval women’s spiritual movement, and 20th century feminist separatism. I conclude that Suchon’s view of freedom is radical, both for its time and ours, and deserves greater attention from historians of philosophy and of feminist thought. (shrink)

There seem to be good reasons that democratic institutions must be reformed in order to minimize the danger of unsustainable policy decisions infringing upon duties of intergenerational justice. This is why there exist a number of different proposals of how to reform democratic states in order to foster their duties towards the future. However, the debate lacks a systematic assessment of these suggested reforms within a coherent theoretical and norma-tive framework. This paper aims at developing such a framework. We suggest (...) two conceptual dimensions defining the spectrum of different justi-fiable institutional reforms: the relation between democracy and justice as one dimension and the conditions considered relevant for viewing democracies as responsible collective agents as the other. Depending on how we understand this relation and these conditions, it is possible to substantiate a set of types of institutional reforms that will promote democracies’ capacities to comply with their responsibilities towards the future. (shrink)

Journal of Social Philosophy, EarlyView.

The meaning of privacy has been frequently disputed in the philosophical and -/- legal literature since Warren and Brandeis first argued for it as a distinct and -/- important personal and social value. Nevertheless, while the meaning of privacy -/- is held to be vague, there is general agreement that Warren and Brandeis were -/- correct in their assessment of its value. Theorists of democracy, on the other hand, -/- have been ambivalent towards the realm of the private. This paper (...) interrogates the -/- intersection between privacy and democracy, questioning the place of privacy as a -/- distinctly democratic value. (shrink)

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing (...) their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal. (shrink)

By offering an analysis of different conceptions of corruption connected to the political regime and contingency in which they developed, the article retrieves a systemic meaning of political corruption. Through the works of Plato, Aristotle, Polybius and Machiavelli, it reconstructs a dimension of political corruption particular to popular governments and also engages with recent neo-republican and institutionalist attempts at redefining political corruption. The article concludes that we still lack a proper conception of systemic corruption comparable to the one of the (...) Ancients because we are yet unable to account for the role procedures and institutions play in fostering corruption through their normal functioning and what this means for liberal democratic regimes. (shrink)

By offering an analysis of different conceptions of corruption connected to the political regime and contingency in which they developed, the article retrieves a systemic meaning of political corruption. Through the works of Plato, Aristotle, Polybius and Machiavelli, it reconstructs a dimension of political corruption particular to popular governments and also engages with recent neo-republican and institutionalist attempts at redefining political corruption. The article concludes that we still lack a proper conception of systemic corruption comparable to the one of the (...) Ancients because we are yet unable to account for the role procedures and institutions play in fostering corruption through their normal functioning and what this means for liberal democratic regimes. (shrink)

The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

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 (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

This paper analyzes critically the appeal the unpolitical is enjoying among contemporary political philosophers who are democracy's friends. Unlike a radical critique of democracy, what I propose to call "criticism from within," takes the form of dissatisfaction with the erosion of an independent mind and impartial judgment per effect of the partisan character of democratic politics. This paper proposes three main criticisms of the actual trend toward unpolitical views of democracy: the first points to the strategic use of deliberation as (...) an antidote against democratic procedures themselves ; the second to the negative conception of democracy that the unpolitical aspiration makes visible; and the third to the dissolution of political judgment within a model of judgment that is tailored around justice. (shrink)

Reseña del libro de Rinesi, Eduardo. ¡Qué cosa, la cosa pública! Apuntes shakespereanos para una república popular, Buenos Aires, UBU Ediciones, 2021, 278 páginas.

As a starting point this paper takes Dewey's nowadays oftenstressed modernity and examines his social philosophy againstthe background of the current debates on republicanism andcommunitarianism. Particularly, the anaysis of Dewey's The Public and its Problem (1927) concludesthat the attention being paid to Dewey is problematic asspecific religious assumptions – explicitly developedin A Common Faith (1934) – lie in the backgroundof his social philosophy, and are hardly being recognized.However, as it shall be shown, without considering thereligious basis, neither Dewey's social philosophy (...) norhis educational theory can be properly understood. (shrink)

As a starting point this paper takes Dewey’s nowadays often stressed modernity and examines his social philosophy against the background of the current debates on republicanism and communitarianism. Particularly, the anaysis of Dewey’sThe Public and its Problem concludes that the attention being paid to Dewey is problematic as specific religious assumptions — explicitly developed inA Common Faith -lie in the background of his social philosophy, and are hardly being recognized. However, as it shall be shown, without considering the religious basis, (...) neither Dewey’s social philosophy nor his educational theory can be properly understood. (shrink)

This article discusses Rousseau’s theory of the genesis and development of a “post-liberal self” and its political implications. In his Emile, or Education, Rousseau explores the distinctive features of the post-liberal self through Emile’s growing capacity to think in terms of his social interdependence with others and yet to maintain his critical autonomy. For Rousseau it is only such individuals with a highly developed moral and civic consciousness who are capable of articulating the general will and of properly participating in (...) a modern republic. I argue that the general will for Rousseau is therefore not a property of the community but of the post-liberal self, for whom the common good is a larger dimension of the individual good. I then discuss the political implications of this theory by relating it to The Social Contract where Rousseau urges us to examine the legitimacy of existing social norms, laws and practices. Rousseau, I conclude, is one of the great radical thinkers of self-transformation as the prerequisite for overcoming the pathologies and limitations of liberal society. (shrink)

Rawls ‘s political liberalism abandons the traditional political‐theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a “modus vivendi” compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and “freestanding” liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among (...) competing comprehensive doctrines. A liberalism that is supported “for its own sake” rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews. (shrink)

Despite the increasing amount of literature on the legal and political questions triggered by a commitment to liberty of conscience, an explanation of the normative significance of conscience remains elusive. We argue that the few attempts to address this fail to capture the reasons people have to respect the consciences of others. We offer an alternative account that utilizes the resources of the contractualist tradition in moral philosophy to explain why conscience matters.

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications of big data (...) exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

Using automated systems to avoid the need for human discretion in government contexts – a scenario we call ‘rule by automation’ – can help us achieve the ideal of a free and equal society. Drawing on relational theories of freedom and equality, we explain how rule by automation is a more complete realization of the rule of law and why thinkers in these traditions have strong reasons to support it. Relational theories are based on the absence of human domination and (...) hierarchy, which automation helps us achieve. Nevertheless, there is another understanding of relational theories where what matters is the presence of valuable relationships with those in power. Exploring this further might help us see when and why we should accept human discretion. (shrink)

The republican political tradition, which originated in Ancient Rome and picked up by several early-modern thinkers, has been revived in the last couple of decades following the seminal works of historian Quentin Skinner and political theorist Philip Pettit. Although educational questions do not normally occupy the center stage in republican theory, various theorists working within this framework have already highlighted the significance of education for any functioning republic. Looking at educational questions through the lens of freedom as non-domination has already (...) yielded important insights to discussions of political education. However, consideration of the existing republican educational discourse in light of the wide range of issues discussed in Pettit’s recent works reveals that it suffers from two major lacunae. First, it does not take into consideration the distinction between democracy and social justice that has become central to Pettit’s republicanism. Thus, the current discussion focuses almost exclusively on education for democratic citizenship and hardly touches upon social justice. Second, the current literature thinks mainly in terms of educating future citizens, rather than conceiving of students also as political agents in the present, and of school itself as a site of non-domination. This paper aims at filling these voids, and it will therefore be oriented along two intersecting axes: the one between democracy and justice, and the other between future citizenship in the state and present citizenship at school. The resulting four categories will organize the discussion: future citizens and democracy; future citizens and social justice; present citizens and democracy; present citizens and social justice. This will not only enable us to draw a clearer line between the civic republican and liberal educational theories, but also make civic republican education a viable alternative to current educational approaches. (shrink)

The environmental impacts of anthropogenic climate change, from an increase in global temperatures melting polar ice caps to the generation of extreme weather events, appear to be happening even mo...

There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...) how the notion of levels could be relevant to the free will debate. Invariably, however, the focus is on the significance of facts at lower levels. The threats come from below, from fundamental physics or neuroscience. Here, I aim to show how we can frame many interesting concerns about free will in terms of threats from above. After arguing that determination from above is no less threatening, I catalogue such concerns that might constitute threats to our freedom. Doing this not only allows us to show how these concerns relate to those standardly discussed, but it pushes us to expand our conception of freedom. (shrink)

This essay discusses a heretofore neglected dimension of one of the most important questions in the realm of political theory: which obstacles that stand in the way of our performing a certain action render us unfree to perform that action? This dimension is concerned with the issue of the causal test that a certain central kind of obstacle—i.e., subjunctive interference—has to pass in order to render us unfree. The aim of this essay is, first, to introduce this issue; and, second, (...) to offer a first analysis of the two possible positions that can be taken with respect to it. (shrink)

Although philosophers tend to differ in terms of the criteria that they offer for determining when market transactions should be morally prohibited, they tend to converge with respect to a certain methodological bias: they fail to reflexively consider how the existing politico-economic context bears on the way in which they formulate these criteria. After discussing the nature of actually existing, rather than idealized, markets, I consider four such offerings, which are either liberal egalitarian or communitarian, and I articulate how this (...) failure is manifested in their respective positions. I conclude by pointing toward an alternative approach to the question of marketization, one that is both methodologically and substantively more faithful to the scope of the underlying problems that this question raises. (shrink)

This article aims to draw attention to the way in which a subset of reactive attitudes make us less free. Vasubandhu’s explanation of reactive attitudes shows us how they make us less free...

Why Does Inequality Matter?is the long-awaited book-length development of T. M. Scanlon's views on objectionable inequality, and our obligations to eliminate or reduce it. The book presents an impressively nuanced and thoughtful analysis as well as succinct explanations of different objections to various forms of inequality. It is not only set to further cement Scanlon's influence on philosophical debates about equality but also makes a good guide to the problems of inequality for the nonspecialist reader. The book is not without (...) faults, however. Even within a pluralist approach to inequality such as Scanlon's, it is not sufficiently clear what, if anything, his specific objections to status inequality, and to control over other people's lives, have in common with his other egalitarian objections to inequality of political influence, opportunity, and income and wealth—or whether, in the case of control, the objection is egalitarian at all. (shrink)

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 (...) interprets Foucault’s later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault’s work. By differentiating these concepts, this article proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for ‘modal robustness’ and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault’s thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion about freedom. (shrink)

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to (...) be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (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)