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)

I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...) as original appropriation against the background of a general justification for a practice of property rights. On this view, what I will call ‘natural’ acts of original appropriation are acts by which a person begins to satisfy the general conditions for justified ownership. Finally, I offer an interpretation of John Locke's theory of appropriation along these lines and argue that it provides an attractive reading of his view. (shrink)

In a recent review essay of a two volume anthology on left-libertarianism (edited by two of us), Barbara Fried has insightfully laid out most of the core issues that confront left-libertarianism. We are each left-libertarians, and we would like to take this opportunity to address some of the general issues that she raises. We shall focus, as Fried does much of the time, on the question of whether left-libertarianism is a well-defined and distinct alternative to existing forms of liberal egalitarianism. (...) More specifically, we shall address the following fundamental issues raised by Fried (and others): (1) Does the notion self-ownership have any determinate content? (2) What is the relation between self-ownership and world ownership? (3) How is left-libertarianism different from other forms of liberal egalitarianism (e.g., those of Rawls and Dworkin)? (shrink)

This chapter contains sections titled: Justice Libertarianism Full Self‐Ownership Freedom: Liberty and Security Natural Resources: Liberty Rights to Use and Moral Powers to Appropriate Notes References.

Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. Footnotesa (...) For very helpful comments, I am indebted to Dani Attas, Ellen Frankel Paul, Robert Johnson, Brian Kierland, Mike Otsuka, Eric Roark, and the other contributors to this volume. (shrink)

This book addresses the perennial question: What is justice?

Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian self-ownership framework. (...) I argue that all of these responses are significantly flawed. (shrink)

John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.

When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim in asserting their legitimacy (...) go far beyond this minimum. But whether a state's claims are modest or extravagant, the rights claimed invariably fall into three categories. The first category is a set of rights held over or against those persons who fall within the state's claimed legal jurisdiction - what I will call rights over subjects. The second is a set of rights claimed against those persons without the state's jurisdiction - what we can call rights against aliens. And the third category is a set of rights held over a particular geographical territory (whose extent largely determines the scope of the state's jurisdiction) - call these rights over territory. The rights states claim in these three categories jointly define their conception of the sovereignty that they (or their governments or institutions) enjoy, sovereignty that is more extensive (strong, absolute) as the rights asserted in these categories are more numerous and wide-ranging. It is principally on the third of these categories - on the nature and possible moral bases for the claims states make over geographical territories - that I will focus in this essay. The modern state is a territorial entity, and it claims to be legitimately so. Sidgwick was surely correct when he wrote that "it seems essential to the modern conception of a State that its government should exercise supreme dominion over a particular portion of the earth's surface ... Indeed, in modern political thought the connection between a political society and its territory is so close that the two notions almost blend." Common sense seems to view the territoriality of the modern state as natural and unquestionable. That, perhaps, explains why so little has been written, either by contemporary theorists or by the authors of the classics of modern political philosophy, on the moral bases of the modern state's claimed rights over territory. States typically claim not only legal authority over their territories (i.e., that their rights over those territories should be affirmed by international law), but moral authority as well - at the very least insofar as the relevant principles of international law are thought themselves to have moral weight. My concern here, then, will be with the possible moral bases for the kinds of claims made over geographical territories by typical modern states. (shrink)

Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons, he asks, are we morally bound to obey the law and support the political institutions of our countries?

In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

This paper argues that libertarian political philosophers, including Robert Nozick, have erred in neglecting the problem of political obligation and that they ought to embrace an actual consent theory of political obligation and state legitimacy. It argues as well that if they followed this recommendation, their position on the subject would be correct. I identify the tension in libertarian (and especially Nozick's) thought between its minimalist and its consensualist strains and argue that, on libertarianism's own terms, the consensualist strain ought (...) to prevail. I then describe the form of the consent theory that I recommend to libertarians. The paper concludes with an extended defense of this form of consent theory against contemporary liberal-egalitarian criticisms of it (both explicit and implicit), including those of Dworkin, Rawls, and their followers. Footnotesa Earlier versions of this essay were presented at the University of Michigan, Virginia Commonwealth University, and Brown University. For their lively discussions and helpful suggestions for the improvement of this essay, I am grateful to those audiences and to my fellow contributors to this volume. And for their careful reading and comments, I thank the editors of Social Philosophy and Policy. (shrink)

Hillel Steiner’s left-libertarian theory of justice is the most serious recent attempt to reconcile the ideals of (luck-egalitarian) equality and freedom. This attempt consists in an argument that a universal right to equal freedom, which in Steiner’s view means also a universal right to maximal freedom, implies a universal right to self-ownership and to an egalitarian share of the world’s natural resources. In this article, I argue that this argument fails on Steiner’s own terms. I argue that, on Steiner’s conceptions (...) of freedom, self-ownership, and an egalitarian share of the world’s natural resources, insofar as the right to equal freedom implies the right to self-ownership and to an egalitarian share of the world’s natural resources, it is incompatible with (luck-egalitarian) equality. (shrink)

The institution of slavery is an unjust institution. The aim of this paper is to provide an explanation of why it is unjust. I argue that slavery is unjust because it makes it impossible for slaves to realise both their interest in self-respect and their interest in being at home in the world. Furthermore, I argue that this explanation of the injustice of slavery also provides us with an argument for political equality.

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

The long republican tradition is characterized by a conception of freedom as non‐domination, which offers an alternative, both to the negative view of freedom as non‐interference and to the positive view of freedom as self‐mastery. The first part of the book traces the rise and decline of the conception, displays its many attractions and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at the sorts of political (...) and civil institutions that would be required in a society in which freedom as non‐domination is systematically fostered. It outlines the causes and policies, the constitutional and democratic forms, and the regulatory controls that a republican state ought to endorse. And it argues for a vision of the state's relation to civil society in which there is no pretence of doing without widespread civility and trust; the argument is that the state ought, at once, to foster and build on such extra‐political foundations. (shrink)

Research Articles Christopher W. Morris, Social Philosophy and Policy, FirstView Article.

If we have a natural right to liberty, it is hard to see how a state could be legitimate without first obtaining the (genuine) consent of the governed. I consider the threat natural rights pose to state legitimacy. I distinguish minimal from full legitimacy and explore different understandings of the nature of our natural rights. Even though I conclude that natural rights do threaten the full legitimacy of states, I suggest that understanding our natural right to liberty to be grounded (...) in our interests in a certain way might not commit us to requiring consent for minimal legitimacy. Thus, even if natural rights effectively block the full legitimacy of states - on the assumption that rarely, if ever, the requisite consent will be forthcoming - they may allow minimal state legitimacy. Footnotesa I am grateful to my fellow contributors to this volume and to other readers for helpful questions and comments on an earlier version of this essay and in particular to Fred Miller, David Schmidtz, and John Simmons for written comments. Ellen Paul's detailed comments have helped me, as always, to correct many confusions and errors, and Harry Dolan's excellent editing has discovered others that I have endeavored to address. (shrink)

In this essay I propose to explicate and defend a new and improved version of a Lockean proviso—the self-ownership proviso . I shall presume here that individuals possess robust rights of self-ownership. I shall take it that each individual has strong moral claims over the elements which constitute her person, e.g., her body parts, her talents, and her energies. However, in the course of the essay, I shall be challenging what I take to be the standard conception of self-ownership and (...) proposing an enrichment of that conception. The SOP is presented and in part justified as an implication of the right of self-ownership as it is more richly conceived—hence its designation as the self-ownership proviso. As an implication of the right of self-ownership which is also compatible, in theory and practice, with extensive and robust private property rights, the SOP is offered as an integral element of classical-liberal political theory. (shrink)

The two main theses of are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). (...) I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an conception of the actions through which (initial) rights over extra-personal objects arise with a conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights. (shrink)

This chapter contains sections titled: Introduction Prerogatives, Rationales, and Restrictions The Individualist Prerogative and Self‐Ownership The Individualist Prerogative and the Right to the Practice of Private Property A Self‐Ownership Proviso Conclusion Notes.

This book presents the foundations of a liberal individualistic theory of rights, and explains what rights we have and do not have, why we have them, who is and who is not a holder of rights, and the place of rights within the overall structure of morality. The author argues for the moral importance of individual commitments to 'projects', and demonstrates the implications of this for a variety of problems and issues.

A. Two conceptions of moral legitimacy Socialism, understood as the rejection of markets based on private property in favor of comprehensive centralized economic planning, is no longer a serious political option. If the core of capitalism is the organization of the economy primarily through market competition based on private property, then capitalism has certainly defeated socialism. Markets have been accepted—and central planning abandoned—throughout most of the “third world” and the formerly Communist states. In the advanced industrial states of the West, (...) Labor and “democratic socialist” parties have rejected socialism, having deregulated markets and privatized industries, utilities, and transport. The United Kingdom Labour Party’s 1945 manifesto declared it to be a “Socialist Party, and proud of it. Its ultimate aim is the establishment of the Socialist Commonwealth of Great Britain.”1 Today it insists that markets are a given. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Critics of Robert Nozick's libertarian political theory often allege that the theory in general and its account of property rights in particular lack sufficient foundations. A key difficulty is thought to lie in his account of how portions of the world which no one yet owns can justly come to be initially acquired. But the difficulty is illusory, because the concept of justice does not meaningfully apply to initial acquisition in the first place. Moreover, the principle of self-ownership provides a (...) solid foundation for Nozick's libertarianism, and when seen in the light of that principle and its full implications, the standard purported examples of injustices in acquisition are revealed to be nothing of the kind. Footnotesa The original draft of this paper was written in the summer of 2002 while I was a Visiting Scholar at the Social Philosophy and Policy Center, Bowling Green State University. I thank the directors of the Center, Fred D. Miller, Jr., Ellen Frankel Paul, and Jeffrey Paul, for hosting me. I also thank colloquium audience members at Bowling Green State University for comments on that draft. (shrink)

In Anarchy, State, and Utopia, Robert Nozick seeks to demonstrate that principles of justice in acquisition and transfer can be applied to justify the minimal state, and no state greater than the minimal state. That approach fails to acknowledge the critical role that forced exchanges play in overcoming a range of public goods and coordination problems. These ends are accomplished by taking property for which the owner is compensated in cash or in kind in an amount that leaves him better (...) off (by his own lights) than before the transaction. Forced exchanges use coercion to form the state, but the just compensation requirement guards against redistribution state imposed redistribution for collateral purposes. Once these forced exchanges are allowed to form a state, then they may be used thereafter to justify the powers of taxation and eminent domain used to support infrastructure (roads, sewers, public utilities) that neither the minimal state nor private markets can supply. Footnotesa I have benefited from comments at the workshop at the Social Sciences Division of the California Institute of Technology. My thanks to Justin Herring and Eric Murphy, The University of Chicago Law School, for their usual capable research assistance. (shrink)

A legitimate state would have a right to rule. The problem is to understand, first, precisely what this right amounts to, and second, under what conditions a state would have it. According to the traditional account, the legitimacy of a state is to be explained in terms of its subjects’ obligation to obey the law. I argue that this account is inadequate. I propose that the legitimacy of a state would consist in its having a bundle of rights of various (...) kinds, which I specify. Among other things, a legitimate state would have the moral authority to impose and to enforce its law throughout its territory and to enforce its borders. I discuss familiar accounts of the circumstances under which a state would be legitimate, and I argue that none is satisfactory, given my proposal as to what the legitimacy of a state would consist in. Finally, I propose an argument which, I claim, supports a presumption that states are legitimate. (shrink)

Steiner’s book is an engaging and challenging romp through important issues in rights theory, moral and economic reasoning, theories of freedom, and questions of justice. An Essay on Rights develops and connects themes pursued by Steiner in a series of articles written over the past two decades.

In chapter four of Anarchy, State, and Utopia, Robert Nozick raised interesting questions about whether or not it is ever morally acceptable to act against what are agreed to be an individual's natural moral rights. The pursuit of these questions opens up issues concerning the specific content of these individual rights. This essay explores Nozick's questions by posing examples and using our considered responses to them to specify the shape of individual rights. The exploration provisionally concludes that a conception of (...) individual moral rights quite different from Nozick's looks attractive and merits further development. Footnotesa I thank Ellen Frankel Paul for helpful, constructive, and substantive comments on a prior draft of this essay. It goes without saying that her comments outstripped my ability to respond. (shrink)

Left-libertarianism is a version of Lockean libertarianism that combines the idea that each person is the full rightful owner of herself and the idea that each person should have the right to own a roughly equal amount of the world's resources. This essay argues against left-libertarianism. The specific target is an interesting form of left-libertarianism proposed by Michael Otsuka that is especially stringent in its equal world ownership claim. One criticism advanced is that there is more tension than Otsuka acknowledges (...) between private ownership of self and equal ownership of the world. This emerges once one notices that self-ownership should not be conceived merely in a thin, formal way but also as a thicker substantive insistence on wide individual freedom. A second criticism is that in other respects the formal idea of self-ownership that Otsuka and other left-libertarians embrace is an extreme doctrine that merits rejection. (shrink)