In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions (...) of the two accounts on a test case, to see which account best explains the violation that occurs in the case. The test turns out in favor of the control account. (shrink)

In this paper, I offer an indirect argument for the Access Theory of privacy. First, I develop a new version of the rival Control Theory that is immune to all the classic objections against it. Second, I show that this new version of the Control Theory collapses into the Access Theory. I call the new version the ‘Negative Control Account’. Roughly speaking, the classic Control Theory holds that you have privacy if, and only if, you can control whether other people (...) know personal information about you. Critics of the Control Theory often give counterexamples, where privacy is either not diminished even though the claimant has lost control, or where privacy is diminished even though the claimant is in control. I argue that none of these alleged counterexamples work against the Negative Control Account. However, this is not a victory for the control theorist, because the Negative Control Account collapses into the Access Theory. The paper thus adds to the recent trend in the literature of favoring the Access Theory over the Control Theory. (shrink)

A number of scholars have argued that we should pay closer attention to the role that philanthropy plays in shaping our societies. Philanthropic foundations are inherently political. They use private money for public purposes, and they receive tax advantages for the donations they make, but they typically lack transparency and public accountability. In this article, I argue that elite philanthropy may also violate three other democratic principles: the all-affected principle; the principle of non-arbitrary power; and the provisionality principle. In response, (...) I argue that we should consider using innovative democratic institutions — such as participatory budgeting processes — to decide how philanthropic funds should be used and distributed. Taking measures to democratize philanthropy would help mitigate some of the democratic concerns with elite philanthropy while acknowledging the important role that philanthropy plays in shaping our present, unequal societies. (shrink)

Demands for improved access to innovative therapies have prompted a discourse that claims patients have rights to access treatments that may be of benefit, even if evidence that demonstrates safety and efficacy is lacking. This rights-based discourse is grounded in accounts of autonomy and assertions claiming that the state ought to not interfere with the free choices of patients and clinical decision-making. In this essay, we scrutinise these arguments to defend the ethical and legal permissibility of interference in contexts where (...) the uncertainty of benefit and potential for harm creates vulnerabilities that undermine patient capacity for self-determination. In support of this argument, we draw on two theoretical approaches to explore the limits of autonomy in innovative contexts and analyse the legal bases of the rights-based discourse. We then apply this analysis to the case example of stem cell transplantation as an innovative treatment for multiple sclerosis. (shrink)

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

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 (...) republican cause of promoting freedom from domination; second, their suitability to the characteristic features of legal systems; and third, their impact on long-run institutional stability. According to these criteria, a republican theory of adjudication would hold that judges and other legal officials should strive in their decisions and interpretations to maintain and enhance the distinctive value of the rule of law. (shrink)

Volume 19, Issue 9, September 2019, Page 32-34.

Democratic legitimacy is often grounded in proceduralist terms, referring to the ideal of political equality that should be mirrored by fair procedures of decision-making. The paper argues (§1) that the normative commitments embedded in a non-minimalist account of procedural legitimacy are well expressed by the ideal of co-authorship. Against this background, the main goal of the paper is to argue that structural forms of epistemic injustice are detrimental to the overall legitimacy of democratic systems. In §2 I analyse Young’s notion (...) of political powerlessness and claim that in structurally unjust social contexts members of powerless groups often are not properly acknowledged as functioning members of the polity, hence being jeopardized in their ability to develop part of their personal identity. In §III, I define gerrymandering as an example of political disempowerment that involves an epistemic harm for oppressed citizens, namely, to be prejudicially excluded from the community of epistemic trust. My thesis is that being epistemically disempowered has a negative impact on the way in which citizens understand themselves as political actors, since they suffer a lack of social recognition that may impede a proper development of their reflexive agency. In §IV, I discuss the proposal of granting epistemic privilege to members of oppressed groups, given their specific experience of social injustices. I introduce two concerns about this proposal, one morally grounded and one pragmatically oriented. Finally, in §V, I briefly sketch some institutional remedies that can be employed in order to politically fight systemic forms of epistemic injustice. (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)

This paper provides a new argument for the relevance of empirical research to moral and political philosophy and a novel defense of the positive program in experimental philosophy. The argument centers on the idea that normative concepts used in moral and political philosophy can be evaluated in terms of their fruitfulness in solving practical problems. Empirical research conducted with an eye to the practical problems that are relevant to particular concepts can provide evidence of their fruitfulness along a number of (...) dimensions. An upshot of the argument is that philosophers should not only engage with but must also be involved in conducting experimental studies that examine the practical roles that normative concepts can play. Rather than just clearing the way for philosophical work to be done, the argument has the further implication that empirical research will be required to advance at least some important debates in moral and political philosophy. (shrink)

Journal of Social Philosophy, EarlyView.

This article summarizes the theory of federalism as non-domination Iris Marion Young began to develop in her final years, a theory of self-government that tried to recognize interconnectedness. Levy also poses an objection to that theory: non-domination cannot do the work Young needed of it, because it is a theory about the merits of decisions not about jurisdiction over them. The article concludes with an attempt to give Young the last word.

One of the simplest methods used by Cicero for depicting a personality or characteristic of an individual within his correspondence was to use a nickname. When describing groups, the natural progression was to use collective nouns that helped to define some essential quality of this collective. The enormity of Caesar's assassination provided an opportunity to use a plethora of terms for the conspirators, most conspicuously seen in Cicero's treatment of Cassius and Brutus following the death of Caesar. The act itself (...) had a polarizing effect. On one side were the invective terms for assassins, murderers and parricides. On the other side were the favourable terms, such as liberators, heroes and tyrannicides. Cicero also included in his correspondence Greek words, as well as their transliterations into Latin. Each word would seem to have its own subtle characteristics, focussing on different aspects and interpretations of the conspirators and their act of tyrannicide or political murder. The collective nouns themselves and the context in which they are used not only will provide the first indication of how Cicero felt about the conspirators but may also give an insight into Cicero's perception of the general feeling about the political situation in Rome at this time. (shrink)

Universal basic income is increasingly proposed as a simple answer to the problem of domination at work—one policy whose knock-on effects will transform the balance of power between workers and employers. I argue against such ‘UBI-first’ approaches. Compared to UBI proposals for other purposes, a UBI sufficient or near-sufficient for minimising domination at work would be especially demanding in two ways. First, the level of the grant would be more demanding compared to UBIs suitable for other purposes, in order for (...) workers to be able to credibly threaten to leave their jobs. Secondly, the maintenance of the grant must also meet strict criteria. The demanding level of the grant must be effectively secured against reduction, allowing workers to plan on its long-term acceptability; and in order to avoid increased state domination it must assume the status of an entitlement rather than a gift that may be withdrawn, through stabilisation against political change or some other means. These difficulties render UBI-first approaches doubtful at best, and an unhelpful distraction from other, more fruitful strategies at worst. (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)

The paper defends the thesis that institutional virtue is properly modeled as a ‘‘consensual’’ property, along the lines of the Lehrer–Wagner model of consensus (LWC). In a first step, I argue that institutional virtue is not exhausted by duty-fulfilling, since institutions, contrary to natural individuals, are designed to fulfill duties. To avoid the charge of vacuity, virtue, if attributed to institutions, must be able to motivate supererogatory action. In a second step, I argue against dis- continuity of institutional virtue with (...) individual virtue. Two main arguments for discontinuity of collective properties display serious shortcomings when applied to virtues of institutions. Given that motivation for supererogatory action is neither inferred from statutory duties nor accommodates a right of reprobation, modeling institutional virtue on collective rationality or explaining it in terms of joint com-mitment both prove problematic. In a third step, I argue that LWC has the explanatory potential to account for institutional virtue. Due to its main features,iteration and evaluation, it provides a non-trivial analysis of continuity and thereby satisfies basic constraints on the notion of genuine institutional virtue. (shrink)

European Journal of Political Theory, Volume 21, Issue 1, Page 25-46, January 2022. This article explains how 19th-century radical republicans answered the following question: how is it possible to be free in a social order that fosters economic dependence on others? I focus on the writings of a group of French thinkers called the solidarists who advocated “liberty organized for everyone.” Mutualism and social right were two components of the solidarist strategy for limiting domination in commercial/industrial society. While the doctrine (...) of mutualism was rooted in pre-industrial artisan culture, social right was a novel idea that built on Durkheim’s analysis of the division of labour. In this article, I describe the main features of the solidarist account: solidarity, social property, quasi-contractual debt, and restorative justice. Classical republicanism was deeply concerned with citizen participation and the balance between popular and elite power, but 19th-century radical republicans thought that these goals must be approached differently in market societies in which enormous power is exercised outside the state. The solidarists cautiously embraced the state as a mechanism for regulating the market in order to ensure equal liberty. Social right and mutualism were also conceived as ways of limiting the centralization of state power. (shrink)

Advances in information and communication technologies enable more decentralized and individualized mechanisms for coordination and for managing societal complexity. This has important consequences for the role of conditionality and the idea of individual responsibility in two seemingly unrelated policy areas. First, the changing information infrastructure enables an extension of conditionality in the area of welfare through greater activation, enhanced self-management, and a personalization of risks. Second, conditionality and personal responsibility also form an important ideational template and a legitimatory basis for (...) facilitating value creation that is based on data as a raw material. This argument is illustrated looking at the trajectories of the digital strategies in the United Kingdom and Germany. In both cases, data protection is depicted as a question of individual responsibility and tied to certain forms of individual conduct. (shrink)

Elizabeth Anderson and Debra Satz continue in the tradition of Plato with their work on the role of education in a just society. Both argue that a just society depends on education enabling citizens to realize democratic or civic equality and that this equality depends on sufficiency in the distribution of educational goods. I agree that education is important to preparing democratic citizens, but I disagree about the plausibility of sufficiency here, especially in the educational context. My argument is two‐fold: (...) I first reconsider a generic positional goods objection to educational inequality, I then argue that plausible sufficientarian replies to this objection fail insofar as they are premised on an impoverished conception of class and power that treats all statuses more like socio‐cultural traits when they should instead be referencing the material conditions someone has inside a social structure. One cannot bring an individual X into the halls of power and simultaneously have X represent or compensate those who are presently disadvantaged in the way that X had formerly been disadvantaged. In short, we should worry about the realistic possibility of securing and sustaining a civic‐minded elite because elites have the power and motivation to enrich themselves at the expense of the rest of us. For the sufficientarian story to work, we need more that explains the realistic possibility of a benevolent ruling elite, until then, democratic equality seems to be better realized by aiming for equal educations, adequacy isn't enough. (shrink)

This paper assesses the most well thought out contemporary conception of republican liberty put forward by Philip Pettit and Quentin Skinner. I demonstrate that it is incoherent: at least insofar as it seeks to pick out a form of unfreedom not captured by the negative conception of liberty. This incoherence arises because Pettit and Skinner cannot both hold that republican unfreedom is defined by one agent’s mere capacity to interfere arbitrarily with another agent and, at the same time, claim that (...) republican freedom can be promoted by deterrence mechanisms. My contribution to contemporary republican theory is to suggest that a coherent republican conception can be achieved, however, through an important revision. This is to replace Pettit and Skinner’s antonym of republican liberty—the power to interfere arbitrarily—with a higher order power—the power to determine arbitrarily rules with respect to interference. This revised conception does pick out a genuinely distinct extension of unfreedom from the negative liberty conception. I believe it also reflects an important intuitive sense in which we may understand ourselves to be unfree, that is, to live under the rule of another. (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)

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)

In this paper, I examine whether the concept of domination can be used to provide a coherent normative justification for policies or institutional changes regarding individuals who are members of f...

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)

In political philosophy, citizenship is a key concept. Citizenship is tied to rights and duties, as well as to concepts of social justice. Recently, the debate on citizenship has developed a new direction in focusing on qualified notions of citizenship. In this contribution, I shall defend three claims. Firstly, consumer citizenship fits into the discussion of qualified notions of citizenship. Secondly, the debate on qualified notions of citizenship cannot be detached from the normative claims in the philosophy of citizenship more (...) generally. In particular, duties and rights receive a distinct shape when debated in terms of “consumer citizenship”. Thirdly, I shall argue that further normative limits can be established by discussing qualified notions of citizenship as items of a list that need to cohere in normative terms. I shall pay particular attention to environmental citizenship. (shrink)

Abstract I re-present my account of how a liberal democratic society can be tolerant and do so in a way designed to meet Peter Balint’s objections. In particular, I explain how toleration can be approached from a third-party perspective, which is that of neither tolerator nor tolerated but of rule-makers providing for the toleration that the citizens of a society are to extend to one another. Constructing a regime of toleration should not be confused with engaging in toleration. Negative appraisal (...) and power remain ‘possibility conditions’ of toleration but they are not necessary features of either a regime of toleration or the sponsors of such a regime. Content Type Journal Article Pages 1-6 DOI 10.1007/s11158-012-9178-2 Authors Peter Jones, Emeritus Professor of Political Philosophy, School of Geography, Politics and Sociology, Newcastle University, Newcastle upon Tyne, NE1 7RU UK Journal Res Publica Online ISSN 1572-8692 Print ISSN 1356-4765. (shrink)

In this article, I respond to ‘Fighting Status Inequalities’. I first note a niggle about the paper’s assumption that lowering socio-economic inequalities will lower the social gradient in health. I then suggest two further ways in which neorepublicanism may relate to social epidemiology: in terms of ‘moral physiology’ and through analysing which inequalities are unjust.

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)

In this paper I make the following claims. In order to see anthropogenic climate change as clearly involving moral wrongs and global injustices, we will have to revise some central concepts in these domains. Moreover, climate change threatens another value that cannot easily be taken up by concerns of global justice or moral responsibility.

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 97-121, May 2022. Republicans hold that people are unfree if they are dominated, that is, if others have an insufficiently constrained ability to frustrate their choices. Since legislation can frustrate individuals’ choices, republicans believe that the design of legislative institutions has consequences for individual freedom. Some have argued that if legislative institutions are democratic, then they need not be sources of domination at all. We argue this view is incorrect: the introduction (...) of legislative authority, even if democratically organized, always creates a new site of domination. However, republicans can defend democratic procedures as the best means of minimizing the degree to which citizens are dominated, subject to the constraint of equalizing everyone’s freedom. We formulate and prove this claim within a simple model of legislative authority and domination. (shrink)

Recently, dramatic price increases by several pharmaceutical companies have provoked public outrage. These scandals raise questions both about how pharmaceutical firms should be regulated and about how pharmaceutical executives ethically ought to make pricing decisions when drug prices are largely unregulated. Though there is an extensive literature on the regulatory question, the ethical question has been largely unexplored. This article defends a Kantian approach to the ethics of pharmaceutical pricing in an unregulated market. To the extent possible, pharmaceutical companies must (...) price drugs so that those who genuinely need them can get them without financial ruin. This requirement is an ethical side constraint, like the moral prohibitions on deception and theft, that takes precedence over a business’s interest in maximizing profit. That said, the requirement’s application is sensitive to the need to recoup the costs of research and to produce a return that financially justifies the original investment. It may not be either feasible or desirable for government to attempt to enforce the ethical requirements concerning just pharmaceutical pricing. Either price regulation or subsidy could fulfill government’s obligation to protect patients from being objectionably vulnerable to pricing decisions by private companies. (shrink)

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)

Recently, bioethicists and the UNCRPD have advocated for supported medical decision-making on behalf of patients with intellectual disabilities. But what does supported decision-making really entail? One compelling framework is Anita Silvers and Leslie Francis’ mental prosthesis account, which envisions supported decision-making as a process in which trustees act as mere appendages for the patient’s will; the trustee provides the cognitive tools the patient requires to realize her conception of her own good. We argue that supported decision-making would be better understood (...) as a collaborative process, giving patients with intellectual disabilities the opportunity to make decisions in a respectful relationship with trusted others. We offer an alternative account of supported decision-making where the primary constraint is to protect the patient from domination by the trustee. This is advantageous in its preservation of the prospects for genuine collaboration, for the mental prosthesis approach ultimately reinforces a problematic ideal of isolated patient self-determination. (shrink)

Nudging is a tool of libertarian paternalism. It involves making use of certain psychological tendencies in order to help people make better decisions without restricting their freedom. However, some have argued that nudging is objectionable because it interferes with, or undermines, the rational decision-making of the nudged agents. Opinions differ on why this is objectionable, but the underlying concerns appear to begin with nudging’s threat to rational decision-making. Those who discuss this issue do not make it clear to what this (...) threat to rationality amounts. In this paper I evaluate what effect nudging has on our decision-making and I argue that it does not typically interfere with our rationality in a problematic way. Perhaps nudging is objectionable for other reasons, but we should not argue that nudging is objectionable based on concerns about rational decision-making. (shrink)

This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...) Austin’s terminology. According to Derrida, ‘the people’ do not pre-exist the Declaration, but are constituted in the act of declaration itself. In response, I argue that while Derrida’s insight regarding the constitution of ‘the people’ is sound, his analysis misses two key aspects of the Declaration. These two lacunae point the way to an understanding of the constitutive force of the Declaration in terms of Austin’s ‘perlocutionary’ speech act. (shrink)

In the second half of 1944, Jean-Paul Sartre wrote an essay entitled ‘Anti-Semite and Jew’. He analyses what might be termed the moral pathology of the anti-Semite. Such a person, Sartre suggests, has chosen to enact a passion, a passion of hatred. The motive is the desire for ‘impenetrability’ – a disavowal of reasoned argument – and a pleasure taken in the assertion and re-assertion of what is known to be false. Sartre’s essay was written hurriedly and looking back over (...) 70 years, we can see its flaws. But I suggest that the kernel of his analysis of the anti-Semite is compelling, especially in the context of the growth of anti-immigrant prejudice in the UK and elsewhere. Using Sartre as a starting point, I discuss the nature of prejudice and suggest that to counter prejudices, a civic education is needed that emphasises a narrative of liberty. (shrink)

First of all, I define the concept of epistemic freedom in the light of the changing nature of educational practice that prioritise over-prescriptive conceptions of learning. I defend the ‘reality’ of this freedom against possible determinist-related criticisms. I do this by stressing the concept of agency as characterised by ‘becoming’. I also discuss briefly some of the technical literature on the subject. I then move on to discuss Gramsci’s concept of hegemony and Foucault’s idea of ‘productive power’: I argue for (...) the need of a counter-narrative of freedom that takes the form of a genealogy. Finally I discuss in more detail the nature of epistemic freedom and briefly discuss the ethical implications of the concept. (shrink)

The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by (...) the legislator in a wide range of policy areas which give rise to a number of constitutional challenges. The paper sketches out the main characteristics of non-domination and republication theory and addresses the question of how and why the notion of non-domination may be useful for understanding the EU constitutionalism venture in the framework of risk and emergency laws. (shrink)

Moral agential neuroenhancement can transform us into better people. However, critics of MB raise four central objections to MANEs use: It destroys moral freedom; it kills one moral agent and replaces them with another, better agent; it carries significant risk of infection and illness; it benefits society but not the enhanced person; and it’s wrong to experiment on nonconsenting persons. Herein, I defend MANE’s use for prisoners of war fighting unjustly. First, the permissibility of killing unjust combatants entails that, in (...) cases where MANE is equally or more likely as termination to reduce moral recidivism in unjust combatants, then MANE is morally justified. Second, the relevant infections and illnesses caused by MANE are less bad than death, so MANE leaves unjust POWs better off than the alternative. Third, just as incarceration is often permissible despite benefitting society but not the incarcerated, the same holds for unjust POWs. Fourth, we should accept a broader construal of “benefit” that includes moral benefits. Thus, 3 and 4 are false when applied to unjust POWs. Fifth, medical experimentation likely to help nonconsenting persons is sometimes permissible. Because MANE is likely to help unjust POWs irrespective of their consent or lack thereof, its use is permissible. Sixth, basic principles of proper medical care support the use of MANE on unjust POWs as pro tanto morally obligatory. I conclude that militaries should therefore begin to employ MANE for unjust POWs. (shrink)

This article brings into conversation two important literatures in contemporary political theory that have, for the most part, failed to engage one another: work spanning more than two decades on multiculturalism and identity politics, and neo-republican work on nondomination. The authors take as their starting-point two widely endorsed claims: that identities are constructs and that state actors play a crucial role in their construction. Their question is how democratic states should shape identity, and their central claim is that states should (...) do so in ways that promote what they call democratic nondomination. This ideal, they stress, is multifaceted. It has both an action-level and a system-level component. In addition, it has both an inter-agentive and an impersonal dimension. Attending to democratic nondomination in its complexity is crucial to the project of evaluating alternative possible forms of state identity construction. (shrink)

I elicit some of Foucault’s insights to provide a more realistic picture than is the norm in social and political theory of how best to identify and overcome domination. Foucault’s vision is realized best, I argue, by combining his account with two related conceptions of domination based on human needs and realistic accounts of politics that focus on agency, power and interests. I defend a genealogical, inter-subjective account of how the determination of needs and interests forms the basis of ascertaining, (...) on a continuum, the extent to which relations of power generate states of domination. To that end I propose institutional changes that would empower citizens in positive and negative ways: power over legislation in district assemblies and via veto and repeal; real control over representatives through various means; and decennial constitutional plebiscites. (shrink)

I argue that it is impermissible to use nudges as a tool to influence patients in the context of informed consent. The motivation for such nudges is that their use can help reconcile potential conflicts between a physician’s duty of beneficence and duty to respect patient autonomy. I argue that their use places physicians in a position of domination over patients. That is, it violates the republican freedom of patients because it grants physicians the power to arbitrarily interfere. I also (...) argue that if one tries to adjust the duty of beneficence to avoid this conclusion, then the republican freedom of patients is still threatened under conditions of clinical equipoise. As ways to avoid the inevitability of nudging, I suggest the alternative of boosting or the pairing of patients with physicians who share their deep values. This latter option achieves the benefits nudging patients is supposed to provide without violating the republican freedom of those patients. (shrink)

ABSTRACTThis article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice – historical injustice, economic exploitation, (...) and political domination – and argue that a normative theory of political reconciliation provides better proposals for feasible global governance reforms than do theories of corrective, retributive, or distributive justice. Finally, I will make a few comments on the role of political philosophy as a medium of ‘narrative reconciliation’. (shrink)

Algorithmic systems are increasingly used by state agencies to inform decisions about humans. They produce scores on risks of recidivism in criminal justice, indicate the probability for a job seeker to find a job in the labor market, or calculate whether an applicant should get access to a certain university program. In this contribution, we take an interdisciplinary perspective, provide a bird’s eye view of the different key decisions that are to be taken when state actors decide to use an (...) algorithmic system, and illustrate these decisions with empirical examples from case studies. Building on these insights, we discuss the main pitfalls and promises of the use of algorithmic system by the state and focus on four levels: The most basic question whether an algorithmic system should be used at all, the regulation and governance of the system, issues of algorithm design, and, finally, questions related to the implementation of the system on the ground and the human–machine-interaction that comes with it. Based on our assessment of the advantages and challenges that arise at each of these levels, we propose a set of crucial questions to be asked when such intricate matters are addressed. (shrink)