Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

Robert Nozick's Anarchy, State and Utopia is in large measure an ingenious elaboration of an argument for capitalism adumbrated by Plekhanov. The capitalism Nozick advocates is more pure than the one we know today. It lacks taxation for social welfare, and it permits degrees of inequality far greater than most apologists for contemporary bourgeois society would countenance. The present paper paper is only indirectly a critique of Nozick's defense of capitalism. Its immediate aim is to refute Nozick's major argument against (...) a rival of capitalism, socialism. The refutation vindicates socialism against that argument, but no one opposed to socialism on other grounds should expect to be converted by this paper. (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)

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

This paper responds briefly to four reviews of Force and Freedom. Valentini and Sangiovanni criticize what they see as the excessive formalism of the Kantian enterprise, contending that the Kantian project is circular, because it defines rights and freedom together, and that this circularity renders it unable to say anything determinate about appropriate restrictions and permissions. I show that the appearance of circularity arises from a misconstrual of the Kantian idea of a right. Properly understood, Kantian rights are partially indeterminate, (...) but not in a way that causes problems for the account. Ronzoni and Williams seek to broaden the reach of public right, arguing that Kant's abstract approach overlooks pressing questions of social and political life, (Ronzoni) and that public right should allow for democratic deliberation about purposes that go beyond the requirement that a state provide a rightful condition for its members (Williams). I argue that the Kantian view makes room for these factors, but that each must be understood in relation to the formal constraints of right. (shrink)

In Hobbes, freedom of choice requires nonfrustration: the option you prefer must be accessible. In Berlin, it requires noninterference: every option, preferred or unpreferred, must be accessible—every door must be open. But Berlin’s argument against Hobbes suggests a parallel argument that freedom requires something stronger still: that each option be accessible and that no one have the power to block access; the doors should be open, and there should be no powerful doorkeepers. This is freedom as nondomination. The claim is (...) that freedom as noninterference is an unstable alternative between freedom as nonfrustration and freedom as nondomination. (shrink)

In a recent discussion of Amartya Sen's concept of the capabilities of people for functioning in their society – and the idea of targeting people's functioning capabilities in evaluating the society – G. A. Cohen accuses Sen of espousing an inappropriate, ‘athletic’ image of the person (Cohen, 1993, pp. 24–5). The idea is that if Sen's formulations are to be taken at face value, then life is valuable only so far as people actively choose most facets of their existence: if (...) they fare well in the material stakes, for example, they must fare well as a result of active choice and effort, not because anyone else looks after them. ‘That’, says Cohen, ‘overestimates the place of freedom and activity in well-being’ (p. 25). (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)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...) republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

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 (...) positioned members? I assume in this short essay, however, that none of these problems is insurmountable. I concentrate on the question of how far republicanism makes room for justifying something like a right to basic income, assuming that there are no problems of this kind with introducing and establishing such a right. Any satisfactory argument for a basic income should satisfy two desiderata. First is that of adequacy: the argument should establish a right to an intuitively.. (shrink)