This paper analyses the republican notion of non-domination from the viewpoint of individual dignity. It determines the aspect of individual dignity that republicans are concerned with and scrutinises how it is safeguarded by non-domination. I argue that the notion of non-domination as it is formulated by Pettit contains a number of ambiguities that need to be addressed. I discuss these ambiguities and argue for specific solutions that place great importance on a person’s moral beliefs and his status as a moral (...) being amongst others. Furthermore, I argue that the impunity interpretation is to be favoured over the immunity interpretation of non-domination. I show that whilst these solutions accord well with many important republican tenets, they have other implications that contradict known republican positions. In particular, I show there is both room and a need for retributivism within republicanism. (shrink)

Amartya Sen and Martha Nussbaum have argued that justice is concerned, at least in part, with the distribution of capabilities (opportunities to function). Richard Arneson, G.A. Cohen, and John Roemer have argued that justice is concerned with something like the distribution of opportunities for well-being. I argue that, although some versions of the capability view are incompatible with some versions of the opportunity for well-being view, the most plausible version of the capability view is identical to a slight generalization of (...) the opportunity for well-being view. (shrink)

This paper analyses the republican notion of non-domination from the viewpoint of individual dignity. It determines the aspect of individual dignity that republicans are concerned with and scrutinises how it is safeguarded by non-domination. I argue that the notion of non-domination as it is formulated by Pettit contains a number of ambiguities that need to be addressed. I discuss these ambiguities and argue for specific solutions that place great importance on a person’s moral beliefs and his status as a moral (...) being amongst others. Furthermore, I argue that the impunity interpretation is to be favoured over the immunity interpretation of non-domination. I show that whilst these solutions accord well with many important republican tenets, they have other implications that contradict known republican positions. In particular, I show there is both room and a need for retributivism within republicanism. (shrink)

Should democracts value the freedom to choose? Do people value facing distinct choices when they make collective decisions? ‘Autonomy’ – the ability to participate in the making of collective decisions – is a paltry notion of freedom. True, democrats must be prepared that their preferences may not be realized as the outcome of the collective choice. Yet democracy is impoverished when many people cannot even vote for what they most want. ‘The point is not to be free, but to act (...) freely.’ Rosa Luxemburg Footnotes I am grateful to Jess Benhabib and Bernard Manin for several heated discussions and to Joanne Fox-Przeworski, Dimitri Landa, Avishai Margalit, and Ignacio Sanchez-Cuenca for comments. Special thanks are due to the editor of this journal, Geoffrey Brennan, for pushing me further than I was prepared to go. (shrink)

A teoria republicana da justiça representa a compreensão que os indivíduos, para não serem dominados na vida social e pública, necessitam da estrutura organizacional do Estado democrático de direito para realizarem os seus projetos de vida. A questão da justiça está centrada na implementação social do ideal de liberdade como não-dominação. Ela se refere às relações sociais fundadas sob o princípio da igualdade de tratamento e oportunidades. A teoria política de Philip Pettit propõe a aplicação do teste do globo ocular (...) como sendo a ferramenta de reconhecimento das formas de subjugação e submissão nas sociedades contemporâneas. Essa regra de teste conscientizará os indivíduos sobre as injustiças sociais e os marginalizados pela extrema pobreza e ausentes de oportunidades. Pettit estabelece dois critérios para a dedução das liberdades básicas que devem ser asseguradas pelo Estado republicano. Os critérios são a co-exercibilidade e a co-satisfação das escolhas dos indivíduos. O Estado estaria obrigado somente a garantir as liberdades básicas que passassem sob esse crivo. Os cidadãos republicanos desfrutam da condição de independentes socialmente e atuam com o objetivo de construir a sociedade democrática e inclusiva. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...) clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom as (...) independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

The republican tradition seems to have a blind spot about global justice. It has had little to say about pressing international issues such as world poverty or global inequalities. According to the old, if apocryphal, adage: extra rempublicam nulla justitia. Some may doubt that distributive justice is the primary virtue of republican institutions; and at any rate most would agree that republican values have traditionally been realized in the polis not in the cosmopolis. The article sketches a republican account of (...) global non-domination which suggests that duties of distributive justice are not bounded to the institutions of a single society. In particular, it argues that republicans have good reasons to seek to curb those global inequalities which underpin what I call capability-denying domination. (shrink)

Benjamin’s Critique of Violence (1921) has been a relevant source of legal and political philosophy about the nature of law, from Derrida to Menke. In this article, we rebuild the reading of Benjamin’s Critique proposed by Menke and consider the appropriateness of violence in the law not as a tragic tension, but as a condition for its reproduction. Finally, we will consider its paradoxical nature as a confirmation of the difference between the force of law and social-normative elements such as (...) recognition [ Anerkennung]. (shrink)

Development ethicists see reducing intrahousehold gender inequality as an important policy aim. However, it is unclear that a minimalist cross-cultural consensus can be formed around this goal. Inequality on its own may not bring women beneath a minimal welfare threshold. Further, adherents of complementarian metaphysical doctrines may view attempts to reduce intrahousehold inequality as attacks on their worldviews. Complicating the justificatory task is the fact that familiar arguments against intrahousehold inequality, including those from agency and self-esteem, depart from premises that (...) complementarians reject—premises about the value of independence or the moral irrelevance of gender. I propose that development ethicists should offer complementarianism-compatible arguments against the norms and practices constitutive of intrahousehold inequality. I develop arguments against two intrahousehold inequality-supportive practices that depart from complementarian premises. Specifically, I argue that patriarchal risk and gender schemas that devalue women's labor prevent men from discharging complementarian duties to promote women's welfare. (shrink)

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

This paper explores the role of deliberation in the context of the capability approach to human well-being from the standpoint of the individual doing the reflecting. The concept of a ‘strong evaluator’ is used develop a concept of the agent of capability. The role of values is discussed in the process of deliberating, particularly the nature of and difference between prudential values and intrinsic values. Some consideration is given to the limits and constraints on deliberation and finally a brief example (...) of deliberation is considered—that of occupational choice. (shrink)

In the health care professions, the meaning of—and implications for—‘dignity’ and ‘value’ are progressively more important, as scholars and practitioners increasingly have to make value judgments when making care decisions. This paper looks at the various arguments for competing sources of human value that medical professionals can consider—human rights, autonomy, and a higher-order moral value—and settles upon a foundational model that is related to the Kantian model that is popular within the medical community: human value is foundational; human dignity, autonomy, (...) and rights derive from the relational quality of human dignity. Moral dignity is expressed though the relationships we cultivate, the communal ends we pursue, and the rights we enjoy. Correlatively, human dignity is inseparable from its ground, and the relationship between these two is best represented for Kant in the humanities formulation. The foundational model of dignity ensures that human value is non-circularly derived, but is ultimately tied to expressions of individual human dignity that comes from the dignity of morality. Linking Kant’s dignity of humanity to the dignity of morality affords a unique and efficacious response to the discussion of human value. In one sense, dignity is amplificatory, since its worth is inextricable with that of autonomy and the rights afforded to the autonomous. But that isn’t to say that the worth of dignity is merely amplificatory. Rather, human dignity indicates the absolute inner value found in each individual in virtue of being human. That inner worth engenders certain universal rights—derivable from the dignity and fundamental rational appeal of morality—just as it provides for the possibility for a community of beings to seek to live the moral life. (shrink)

According to some collectivists, purposive groups that lack decision-making procedures such as riot mobs, friends walking together, or the pro-life lobby can be morally responsible and have moral duties. I focus on plural subject- and we-mode-collectivism. I argue that purposive groups do not qualify as duty-bearers even if they qualify as agents on either view. To qualify as a duty-bearer, an agent must be morally competent. I develop the Update Argument. An agent is morally competent only if the agent has (...) sufficient positive and negative control over updating their goal-seeking states. Positive control involves the general ability to update one’s goal-seeking states, whereas negative control involves the absence of other agents with the capacity to arbitrarily interfere with updating one’s goal-seeking states. I argue that even if purposive groups qualify as plural subjects or we-mode group agents, these groups necessarily lack negative control over updating their goal-seeking states. This creates a cut-off point for groups as duty-bearers: Organized groups may qualify as duty-bearers, whereas purposive groups cannot qualify as duty-bearers. (shrink)

While being generally appreciative of Sen's theory of capabilities, the point of this paper is to raise some conceptual challenges that arise in addressing entrenched conditions of power and domination from the capability paradigm. The enhancement of people's capability prospects with regard to education, employment, decent living standards and political participation can empower them to challenge various dominating conditions in society. It can also bestow a sense of self-confidence in people to stand up against discriminating practices. Yet, the objectives of (...) the capability theory remain less secure as long as citizens’ capability prospects are dependent on and subjected to arbitrary power and domination. I argue that Sen's theory of capabilities can be strengthened and developed as an effective antidote to the liberal hegemony in political theory by drawing on resources from Pettit's republicanism particularly by accommodating the robustness condition of freedom and by envisioning individual freedom as intimately tied to the common good of the polity. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum-approach is too perfectionist and the Sen-approach is too proceduralist. This paper presents a third alternative: a substantive but non-perfectionist capability theory of justice. It (...) presents a two-level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum‐approach is too perfectionist and the Sen‐approach is too proceduralist. This paper presents a third alternative: a substantive but non‐perfectionist capability theory of justice. It (...) presents a two‐level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

The capability approach was developed as a response to the ‘equality of what?’ question, which asks what the metric of equality should be. The alternative answers are, broadly, welfare, resources or capabilities. G.A. Cohen has raised influential criticisms of this last response. He suggests that the capability approach’s focus on individuals’ freedom – their capability to control their own lives – renders its view of well-being excessively ‘athletic’, ignoring benefits achieved passively, without the active involvement of the benefitted individual. However, (...) positing ‘capabilities’ as the appropriate metric of distributive justice need not commit capability theorists to a comprehensive account of well-being, and so not to the athletic conception Cohen ascribes to them. Their aim can, instead, be to delineate legitimate government action and guide egalitarian public policy. Capabilities, in this context, are not just components of individual well-being; they must also be the appropriate goal of just distributive policies. When understood in this way, as a guide to policy, I will argue that the capability approach’s focus on ‘athletic’ individual freedom and control is justified: in the public domain, it is important not just that individuals receive ‘benefits’, but that they participate in their achievement. (shrink)

This article explores Amartya Sen’s understanding of freedom, and performs two central functions, one classificatory and the other substantive in nature. First, I situate his reflections within canonical understandings of liberty, finding an irreducible pluralism incorporating positive liberty in ‘capability’ alongside negative and republican liberty in ‘process’, which is subsequently unified in the notion of ‘comprehensive outcomes’. Secondly, I attempt to find a normative referent for the intrinsic value of choice, and thereby indirectly that of freedom, in his account. In (...) contrast to the liberal subjectivity one might – I believe, mistakenly – attribute to Sen’s deployment of neoclassical economic frameworks, I instead argue for a re-interpretation of his account, inspired by the sociological literature on embodiment. Here, an ‘encumbered’ subject must inherit and transcend a normative totality to become an agent in the fullest sense. (shrink)

While being generally appreciative of Sen's theory of capabilities, the point of this paper is to raise some conceptual challenges that arise in addressing entrenched conditions of power and domination from the capability paradigm. The enhancement of people's capability prospects with regard to education, employment, decent living standards and political participation can empower them to challenge various dominating conditions in society. It can also bestow a sense of self-confidence in people to stand up against discriminating practices. Yet, the objectives of (...) the capability theory remain less secure as long as citizens’ capability prospects are dependent on and subjected to arbitrary power and domination. I argue that Sen's theory of capabilities can be strengthened and developed as an effective antidote to the liberal hegemony in political theory by drawing on resources from Pettit's republicanism particularly by accommodating the robustness condition of freedom and by envisioning individual freedom as intimately tied to the common good of the polity. (shrink)

The books’ goal is to answer the question: Do the weaknesses of value-free economics imply the need for a paradigm shift? The author synthesizes criticisms from different perspectives (descriptive and methodological). Special attention is paid to choices over time, because in this area value-free economics has the most problems. In that context, the enriched concept of multiple self is proposed and investigated. However, it is not enough to present the criticisms towards value-free economics. For scientists, a bad paradigm is better (...) than no paradigm. Therefore, the author considers whether value-based economics with normative approaches such as economics of happiness, capability approach, libertarian paternalism, and the concept of multiple self can be the alternative paradigm for value-free economics. This book is essential reading to everyone interested in the current state of economics as a discipline. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)