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The basic liberties

In Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy. New York: Oxford University Press (2008)

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  1. The Basic Liberties: An Essay on Analytical Specification.Stephen K. McLeod & Attila Tanyi - 2023 - European Journal of Political Theory 22 (3):465-486.
    We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...)
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  • Fighting Status Inequalities: Non-domination vs Non-interference.Morten Ebbe Juul Nielsen & Xavier Landes - 2016 - Public Health Ethics 9 (2):155-163.
    Status inequalities seem to play a fairly big role in creating inequalities in health. This article assumes that there can be good reasons to fight status inequalities in order to reduce inequalities in health. It examines whether the neorepublican ideal of non-dominance does a better job as a theoretical foil for this as compared to a liberal notion of non-interference. The article concludes that there is a prima facie case for incorporating non-dominance into our thinking about public health, but that (...)
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  • A republican right to basic income?Philip Pettit - 2007 - Basic Income Studies 2 (2).
    The basic income proposal provides everyone in a society, as an unconditional right, with access to a certain level of income. Introducing such a right is bound to raise questions of institutional feasibility. Would it lead too many people to opt out of the workforce, for example? And even if it did not, could a constitution that allowed some members of the society to do this – at whatever relative cost – prove acceptable in a society of mutually reciprocal, equally (...)
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  • Chemical Restraints and the Basic Liberties.David Birks - 2024 - American Journal of Bioethics Neuroscience 15 (1):22-24.
    Crutchfield and Redinger (2024) argue that, ceteris paribus, it is morally worse to deploy a restraint that undermines a basic liberty than one that does not.1 This is a plausible view, and is like...
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  • Republican Freedom and Liberal Neutrality.Lars Moen - 2023 - Journal of Ethics and Social Philosophy 26 (2):325–348.
    Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom by reducing overall (...)
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  • Republicanism and moralised freedom.Lars J. K. Moen - 2023 - Politics, Philosophy and Economics 22 (4):423-440.
    A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...)
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  • Freedom and its unavoidable trade‐off.Lars J. K. Moen - 2024 - Analytic Philosophy 65 (1):22–36.
    In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...)
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  • The Conditions for Ethical Chemical Restraints.Parker Crutchfield & Michael Redinger - 2024 - American Journal of Bioethics Neuroscience 15 (1):3-16.
    The practice of medicine frequently involves the unconsented restriction of liberty. The reasons for unilateral liberty restrictions are typically that being confined, strapped down, or sedated are necessary to prevent the person from harming themselves or others. In this paper, we target the ethics of chemical restraints, which are medications that are used to intentionally restrict the mental states associated with the unwanted behaviors, and are typically not specifically indicated for the condition for which the patient is being treated. Specifically, (...)
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  • Republicanism as Critique of Liberalism.Lars J. K. Moen - 2023 - Southern Journal of Philosophy 61 (2):308–324.
    The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...)
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  • Eliminating Terms of Confusion: Resolving the Liberal–Republican Dispute.Lars J. K. Moen - 2022 - The Journal of Ethics 26 (2):247–271.
    John Rawls thinks republicanism is compatible with his political liberalism. Philip Pettit insists that the two conflict in important ways. In this paper, I make sense of this dispute by employing David Chalmers’s method of elimination to reveal the meaning underlying key terms in Rawls’s political liberalism and Pettit’s republicanism. This procedure of disambiguating terms will show how the two theories defend the same institutional arrangement on the same grounds. The procedure thus vindicates Rawls’s view of the two theories being (...)
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  • Care and its constraints: Will care work pass through Pettit’s gate?Simon Laumann Jørgensen - 2017 - Philosophy and Social Criticism 44 (3):278-301.
    Welfare states are in a care crisis both in the sense of a practical care gap and in the new movement to limit care to mere rehabilitation. Few political theorists pay attention to these developments, and those who do say little about the potential limits to care. This article discusses Philip Pettit’s theory of social justice in relation to questions of public care provisions. Pettit’s theory has been praised by feminists for its attention to social injustices and because it highlights (...)
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  • Ageing as Equals: Distributive Justice in Retirement Pensions.Manuel Sá Valente - 2022 - Dissertation, Université Catholique de Louvain
    Despite being increasingly available to us all, retirement pensions remain unequally distributed: between rich and poor, young and old, men and women, and possibly different generations. As this topic receives little attention in moral and political philosophy, the articles in this thesis aim to deliver an original account of justice in retirement pensions along liberal egalitarian lines. The first part defends retirement pensions as a distribution of free time. It shows that including free time in the list of goods that (...)
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  • Rawls on Liberty and Domination.M. Victoria Costa - 2009 - Res Publica 15 (4):397-413.
    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 (...)
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  • On Being Conscious as a Basic Liberty.Peter Shiu-Hwa Tsu & Shunsuke Sugimoto - 2024 - American Journal of Bioethics Neuroscience 15 (1):24-26.
    Crutchfield and Redinger (2024) maintain that “being conscious is a basic liberty,” and infer from this that without informed consent, deep sedation, by intruding upon one’s consciousness, is an in...
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  • (1 other version)Neorepublicanism and the Domination of Posterity.Corey Katz - 2019 - Ethics, Policy and Environment 22 (2):151-171.
    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 (...)
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  • Are rights less important for republicans than for liberals? Pettit versus Pettit.Christopher Hamel - 2017 - Contemporary Political Theory 16 (4):478-500.
    It has become a commonplace in neo-republican thinking to claim that if the notion of rights can be allowed a place in republican political theory, it can never achieve the prominence that liberalism allegedly grants it. Philip Pettit’s book, Republicanism, provides several arguments to buttress this thesis. This article aims at examining these arguments in order to show that once properly stated, they must on the contrary be considered as powerful arguments to the effect that republicans take rights very seriously.
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  • The problem of denizenship: a non-domination framework.Meghan Benton - 2014 - Critical Review of International Social and Political Philosophy 17 (1):49-69.
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