This paper presents a non-preference-based approach to the analysis of negative freedom. It is argued that a proper understanding of (different conceptions of) negative freedom necessitates an examination of the consequences of changes in the set of feasible alternatives. For this reason the paper does not focus on freedom rankings of opportunity sets but on freedom rankings of opportunity situations, i.e., pairs consisting of a feasible set and an opportunity set. Three different freedom rankings of opportunity situations are axiomatically characterised. (...) Each of the three rankings forms a generalisation of the purely cardinality-based freedom ranking of opportunity sets presented by Pattanaik and Xu (1990). (shrink)

There is a long tradition in economics of evaluating social arrangements by the extent to which individuals' preferences are satisfied. This is the tradition of welfarism, which has developed from nineteenth-century utilitarianism. Increasingly, however, the presumption that preference-satisfaction is the appropriate standard for evaluating social arrangements is being challenged by an alternative view: that we should focus on the set of opportunities open to each individual.

We consider the role of preferences in the assessment of an agent's freedom, visualized as the opportunity for choice. After discussing several possible intuitive approaches to the problem, we explore an approach based on the notion of preference orderings that a reasonable person may possibly have. Using different sets of axioms, we characterize the rules for ranking opportunity sets in terms of freedom. We also show that certain axioms for ranking opportunity sets are incompatible.

This paper makes a contribution to the further development of the game-theoretic analysis of rights. The model presented here differs in several respects from the existing models. First of all, a distinction is made between outcome-oriented and action-oriented rights, a distinction which is closely related to the distinction between active and passive rights. Second, the legal-theoretic notions of negative and positive rights are formally defined. Third, we not only discuss the definition of rights, but also the way rights can be (...) violated. Using the distinction between negative and positive rights on the one hand, and between active and passive rights on the other, four different types of basic rights are distinguished. For each of these rights, the situations in which they can be said to be respected are examined. We thereby distinguish two possible sources of obstruction: by (groups of) individuals, and by law. Finally, the question of the possible realization of rights is examined. Depending on how the problem of the possible mutual incompatibility of rights is addressed, two distinct approaches are examined. It turns out that in both approaches the possible realization of rights crucially depends on characteristics of the 'state of nature'. (shrink)

Philip Pettit (2001) has suggested that there are parallels between his republican account of freedom and Amartya Sen's (1970) account of freedom as decisive preference. In this paper, I discuss these parallels from a social-choice-theoretic perspective. I sketch a formalization of republican freedom and argue that republican freedom is formally very similar to freedom as defined in Sen's “minimal liberalism” condition. In consequence, the republican account of freedom is vulnerable to a version of Sen's liberal paradox, an inconsistency between universal (...) domain, freedom, and the weak Pareto principle. I argue that some standard escape routes from the liberal paradox – those via domain restriction – are not easily available to the republican. I suggest that republicans need to take seriously the challenge of the impossibility of a Paretian republican. Footnotes1 I am grateful to Luc Bovens, Geoffrey Brennan, Keith Dowding, Philip Pettit, and Wlodek Rabinowicz for very helpful comments and discussion. (shrink)

Ever since its first publication in 1970, Amartya Sen's paper “The Impossibility of a Paretian Liberal” has served as the starting point for almost all discussions of liberty in social choice theory. However, a number of people, myself included, have argued that Sen's theorem rests on a misleading characterization of liberty . In a recent paper, addressed to a philosophical audience, Sen has provided a careful defence of his theorem against this charge. I shall argue that this defence does not (...) work. (shrink)

This paper examines the exercise of individual or group rights within the game form approach. It focuses in particular on what it means for a strategy or action to be feasible and admissible. Admissibility is best discussed in relation to two basic distinctions among rights, passive and active rights on the one hand and negative and positive rights on the other. It is argued that while there are quite a few cases in which the outcomes of mutual rights exercising are (...) to the fore, there are many situations where the uninhibited exercise of individual or group rights and not particular outcomes are what society is primarily interested in. (shrink)