Public health policy often limits people’s liberty for their own good. The very point of many types of public health measures is to restrict people’s options in order to stop them from doing unhealthy things, for example use harmful recreational drugs or drive without a seatbelt. While such restrictive public health policies enjoy widespread support, so does the traditional liberal idea that liberty (or autonomy) is a higher value, to be given priority in most, if not all, circumstances. (...) In this text, I will defend the thesis that liberty is an important value, but with no claim to priority. (shrink)

This paper explores the relationship between federalism and individual liberty. It is shown that a complete treatment of the relationship between federalism and individual liberty should consider two countervailing effects. On the one hand, a federalist structure enhances individual liberty by enlarging the choice set of the citizens. On the other hand, however, a federalist system leads to institutional diversity, a fact that per se leads to higher exit costs, which a citizen must bear (...) if he or she decides to change jurisdictions. This effect on individual liberty is a negative one, since a consequence of every increase in the exit costs is a decrease of individual liberty. The optimum range of diversity of jurisdictions is shown to lie where the two effects counterbalance each other. (shrink)

Human life in contemporary society is extremely complex and there are various external factors that directly affect the realization in the individual ends. In this work I analyze the effects of the global market economy, manifested by a mode of production and distribution of goods and services in the form of a global network of economic relations, which involve people, transnational corporations and political and social institutions in moral sphere of people, affecting their choices and the realization of these (...) choices. Individual freedom can be understand as a freedom to realize our choices in the environment of a global economic market, but it is still problematic in the sense that the choices of goods and services available in this market do not reflect individual choices, but a set of preferences standardized according to the market itself. In this paper I will reflect about the individual freedom in economic globalization pointing from the debate between Pettit and Berlin that social freedom advocated by Republican Petit can be satisfactory for a start. (shrink)

Quentin Skinner’s dedication to investigating Hobbes’s concept of liberty in a number of essays and books has born some unusual fruit. Not only do we see the enormous problems that Hobbes set himself by proceeding as he did, but Skinner’s careful analysis allows us to chart Hobbes’ ingenuity as he tried to steer a path between the Charybdis of determinism and the Scylla of voluntarism – not very successfully, as we shall see. The upshot is a theory of (...) class='Hi'>individual freedom and civil liberty to challenge the classical republican traditionThis Article does not have an abstract. (shrink)

This paper examines the link between political liberties and social equality, and contends that the former are constitutive of, i.e. necessary to secure, the latter. Although this constitutive link is often assumed in the literature on political liberties, the reasons why it holds true remain largely unexplored. Three such reasons are examined here. First, political liberties are constitutive of social equality because they bestow political power on their holders, leaving disenfranchised individuals excluded from decisions that are particularly pervasive, coercively enforced, (...) hard to avoid, monopolistic, and final. Second, they are constitutive of social equality due to their positional value, such that those who are denied such liberties are socially downgraded because and to the extent that others enjoy them. Third, they are constitutive of social equality due to their expressive value, in the sense that, by disenfranchising some individuals, the state publicly fails to recognize their equal moral agency. While unpacking these reasons, we address some criticisms of this constitutive link recently raised by Steven Wall and Jason Brennan. (shrink)

This paper addresses the question of whether all that unites the main parts of John Stuart Mill’s On Liberty—the liberty principle, the defense of free discussion, the promotion of individuality, and the claims concerning individual competence about one’s own good—is a general concern with individual liberty, or whether we can say something more concrete about how they are related. I attempt to show that the arguments of On Liberty exemplify Mill’s institutional design approach set (...) out in Considerations of Representative Government and related works. Mill’s approach reflects both his debt to Bentham and his own progressive development of the utilitarian tradition. The paper proceeds by setting out the elements of Mill’s institutional designs and then showing that On Liberty neatly applies them, thereby clarifying the structure of the arguments of On Liberty. (shrink)

Economic liberty is best understood in opposition to economic domination. This article develops a radical republican conception of such domination. In particular, I argue that radical republicanism provides a more satisfactory account of individual economic freedom than the market-friendly liberties of working, transacting, holding, and using championed by Nickel and Tomasi. So too, it avoids the pitfalls of other conceptions of economic liberty which emphasize real freedom, alternatives to immiserating work, or unalienated labor. The resulting theory holds (...) that economic domination occurs when someone’s access to civic capabilities is contingent on the arbitrary economic power of others. Socialist institutions—suitably configured—can deliver on this individual economic freedom, allowing the dominating power of proprietors, shareholders, landlords, and managers to be kept in check, and providing an unconditional minimum that allows individual citizens to be less beholden to others in meeting many of their most fundamental civic needs. Thus, I conclude that socialism can be championed as a politics of individual economic liberty. (shrink)

Freedom can be seen as individual’s capacity to choose between alternatives. As such, it stands in a dialectical relationship to its environment that both imposes constraints on freedom and allows carrying it out. Yet if we see liberty as freedom’s social accommodation, how would freedom shape liberty, and how would liberty accommodate freedom? As a capacity for choice, freedom is formal. Negative liberty, or freedom from, protects this capacity yet does not give it content. To (...) make freedom meaningful, its societal accommodation has ensure that the choice can be carried out – in terms of accessing alternatives, understand them, and making informed choices. The paper, using the tools provided by the Hegelian philosophy and by information theory, explores the concept of liberty as an enabler of freedom and the role of knowledge in its enablement. This exploration leads us to specific positive rights that are necessary to make freedom meaningful. (shrink)

As the science and technology of the brain and mind develop, so do the ways in which brains and minds may be surveilled and manipulated. Some cognitive libertarians worry that these developments undermine cognitive liberty, or “freedom of thought.” I argue that protecting an individual’s cognitive liberty undermines others’ ability to use their own cognitive liberty. Given that the threatening devices and processes are not relevantly different from ordinary and frequent intrusions upon one’s brain and mind, (...) strong protections of cognitive liberty may proscribe neurotechnological intrusions, but also ordinary intrusions. Thus, the cognitive libertarian position “hog-ties” others’ use of their own liberties. This problem for the cognitive libertarian is the same problem that ordinary libertarianism faces in protecting individual rights to property and person. But the libertarian strategies for resolving the problem don’t work for the cognitive libertarian. I conclude that the right to mental privacy is weaker than what cognitive libertarians want it to be. (shrink)

The past four decades of research in the social sciences have shed light on two important phenomena. One is that human decision-making is full of predicable errors and biases that often lead individuals to make choices that defeat their own ends (i.e., the bad choice phenomenon), and the other is that individuals’ decisions and behaviors are powerfully shaped by their environment (i.e., the influence phenomenon). Some have argued that it is ethically defensible that the influence phenomenon be utilized to address (...) the bad choice phenomenon. They propose that “choice architects” learn about the various ways in which choices can be influenced and directed by the environment, and then work to design environments, broadly construed, that influence individuals towards choices that make them better off. Those who advocate intentionally creating choice environments that lead people to better choices believe that doing so is ethically permissible because (1) it makes people better off, and (2) it does so in a way that is entirely compatible with individual liberty. The evaluation of these two claims is the main focus of this paper. (shrink)

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously (...) form their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

The central task of this book is to map a subtle but significant addition to the political discourse on liberty since the early modern period; a gradual shift of focus form the individual secure in spheres of non-interference, or acting in accordance with authentic desires and beliefs, to the actions of a self at liberty. Being free stands opposed, classically, to being in someone else’s power, being subject to the will of another – in particular, to being (...) constrained by the intentional actions of others. “Constrained” usually means having choices or opportunities taken away or limited by the designs of others. But what if we press the connection between intentions and constraints a bit further, focusing less on negative constraints and more on enabling ones? Constrained or unfree, that is, not simply through a limitation of choices or options, but where free choices and intentions themselves become the object of theoretical and practical attention. What does it mean to be free or unfree in relation to these kinds of “constraints”? (shrink)

Honors Research: PPE @ UPenn | This thesis seeks to address some of the most central questions to the fields of political philosophy and political economy. How can social order and government develop from anarchy under standard economic assumptions of rationality, where all agents act strictly in their own interests? What are the deontological limits to the State’s use of force such that political legitimacy is maintained, and how do these ethical boundaries of government relate to moral obligations conferred upon (...) individuals? Finally, what sets of policies and social institutions ought the State implement to achieve the best welfare outcomes for a society, and is there a necessary conflict between policy consequentialism and deontological ethics? This thesis will first show that a laissez-faire capitalist social order spontaneously emerges from the State of Nature as a result of mutual self-interest between rational agents, with the institution of government being a mere product of market forces that is best modeled as a locally-monopolized, excludable, collective entity with global competition. Then, this thesis will defend a theory of natural rights on the basis that persons are normatively separate, before establishing that laissez-faire capitalism and its contractual form of government are uniquely in compliance with these universal moral standards of conduct that predate the institution of any state. Finally, it will be argued in this thesis that the key tenets of laissez-faire capitalism - strong individual rights to life, liberty, and property - produce maximal human welfare from both individualist and collectivist aggregations, before such conclusions are translated into a foundation for limited government. These arguments serve to solidify libertarianism as both the dominant political philosophy and the globally convergent equilibrium of political organization, while also demonstrating that laissez-faire capitalism is the optimal form of social order. (shrink)

Wesley Newcomb Hohfeld was an American jurist who published a series of articles between 1909 and 1917 that were very important for 20th century analytical philosophy of right. In these articles, Hohfeld analyzed how jurists and judges alike use the word ‘right’ to speak of the rights of groups and individuals. Since he presented his articles, it has been commonplace among ‘hohfeldian specialists’ to distinguish rights into four groups: privileges, or claims, powers and immunities. This paper has four sections. In (...) section I, I present Hohfeld’s notion of privilege and point to a difficulty that has long been known by specialists, namely, that there are actually two significantly different legal relations that this notion is supposed to cover. In section II, I analyze and criticize the way (Wenar 2005) proposes we should define these two legal relations. In section III, I do the same with suggestion proposed by (Moritz 1960, 1073). In section IV, I present my own suggestion about how we should understand them. (shrink)

The object of the study is to introduce an innovative approach to the long-lasting theoretical discussion about the meaning and extent of political liberty in a modern democratic society. The suggested way to explain why the democratic political order as such might give rise to considerable challenges for political liberty introduces the classical virtue of courage as a possible key explanatory factor underlying the major tensions that emerge between democracy and liberty. Such approach provides some new insights (...) into the debate about the origins, limits, and political perspectives of modern democracies. The analysis starts by conceptualizing modern democracy as a political form which expresses a specific ethical idea about the natural equality of people. Generally, it means that egalitarianism is the founding idea and moral purpose of a democratic political system, which tends to develop into a modern type of representative government and civil society. The second part of our analysis emphasizes the fact that liberty is by nature a political fact achieved only by practical participation of an individual in public life, and which cannot be reduced to formal, legal, economic or moral categories. Liberty, being a principle of public action, requires the capacity of a person to risk his personal wealth and safety for the sake of the common good. The third part of the analysis explains the crucial importance of the virtue of courage to the whole political life, as it is an ethical idea which aims at building such a character of a person that is capable and motivated to live an active public life. It is the virtue of courage that makes an individual morally fit and eager to practice liberty, as well as ready to defend it against any acts of despotism. Finally, the analysis assesses the diminishing role of courage due to the egalitarian public order of a democracy, resulting in adverse effects on liberty. The conclusions of the article highlight several points which are noted below. In a democratic society, courage loses its status as a virtue; thus, individuals become less capable and less motivated to live an active public life. Democracy rests on the principle that implies establishing and protecting the equality of its citizens, while the virtue of courage expresses an implicit distaste for egalitarianism and encourages people to strive for an ethically superior status than that of all the rest, i.e. it makes a clear hierarchical distinction between cowards, conformists, and heroes. That’s why democracy banishes courage from its equality favoring public life, depriving it of its ethical status. The decline of this virtue makes the practice of liberty more complicated as individuals lose interest in risking their private wealth and safety for the sake of the common good. The diminishing capacity and interest of citizens in democracy to live an active public life, while giving preference to social equality which requires no personal effort, is a major problem for political liberty. As people become indifferent to the pursuit of the common good, liberty becomes inactive, and the political community becomes less immune to various manifestations of despotism. (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological (...) a priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have mounted (...) legal challenges to the mandate on grounds of religious freedom. The paper proposes a number of interconnected principles toward a resolution of the problem: for the institutional realm, specific principles for church-state separation and a principle concerning the protection of citizens’sense of identity; and for the ethics of citizenship in the conduct individuals, principles that provide an adequate place for natural (thus secular) reason in lawmaking and political decisions. (shrink)

Proponents of human reproductive cloning do not dispute that cloning may lead to violations of clones' right to self-determination, or that these violations could cause psychological harms. But they proceed with their endorsement of human reproductive cloning by dismissing these psychological harms, mainly in two ways. The first tactic is to point out that to commit the genetic fallacy is indeed a mistake; the second is to invoke Parfit's non-identity problem. The argument of this paper is that neither approach succeeds (...) in removing our moral responsibility to consider and to prevent psychological harms to cloned individuals. In fact, the same commitment to personal liberty that generates the right to reproduce by means of cloning also creates the need to limit that right appropriately. Discussion of human reproductive cloning ought to involve a careful and balanced consideration of both the relevant aspects of personal liberty – the parents' right to reproductive freedom and the cloned child's right to self-determination. (shrink)

Catharine Macaulay was one of the most significant republican writers of her generation. Although there has been a revival of interest in Macaulay amongst feminists and intellectual historians, neo-republican writers have yet to examine the theoretical content of her work in any depth. Since she anticipates and addresses a number of themes that still preoccupy republicans, this neglect represents a serious loss to the discipline. I examine Macaulay’s conception of freedom, showing how she uses the often misunderstood notion of virtue (...) to reconcile the individual and collective elements inherent in the republican model. In her own analysis of the deep-rooted social obstacles that stand in the way of women becoming free, Macaulay identifies a serious problem that confronts all republicans, namely how to secure freedom in the face of entrenched structural imbalances that systematically disadvantage certain classes of person. In the end, I conclude that Macaulay herself cannot overcome the issues she raises. This in no way diminishes the importance of her work since her diagnosis is as relevant today as in her own time. (shrink)

In a world of partially overlapping and partially conflicting interests there is good reason to doubt that self-seeking behaviour at the micro-level will spontaneously lead to desirable social outcomes at the macro-level. Nevertheless, some sophisticated economic writers advocating a laissez-faire policy prescription have proposed various 'invisible hand' mechanisms which can supposedly be relied upon to 'educe good from ill'. Smith defended the 'simple system of natural liberty' as giving the greatest scope to the unfolding of God's will and the (...) working out of 'natural' providential processes free of interference by 'artificial' state intervention - the expression not of divine order but of fallible human reason. Hayek, adopting a similar policy stance, based it in an evolutionary process in which those institutional forms best adapted to reconciling individual interests would, he believed, spontaneously be selected for in the inter-group struggle for survival. Keynes shares the holistic approach of Smith and Hayek, but without their reliance on invisible hand mechanisms. If spontaneous processes cannot be relied upon to generate desirable social outcomes then we have to take responsibility for achieving this ourselves by establishing the appropriate institutional framework. Keynes takes a historical view of the role of capitalism and analyses its pathology as rooted in what we would now refer to as a multi-player prisoners' dilemma. The paper draws out the significance of his methodological standpoint here. Keynes's policy standpoint assigns a critical role to his own class, the 'educated bourgeoisie' in the reform process he maps out. A distinction, but also an intimate connection, is highlighted between, on the one hand, micro-level individualism (the 'Manchester System, and, on the other, the macro-level collective action ('planning') required to preserve it. Finally Keynes is considered in relation to the themes of laissez-faire, holism, reductionism, providentialism and the invisible hand. (shrink)

Citizens of liberal, affluent societies are regularly encouraged to support reforms meant to improve conditions for badly-off people in the developing world. Our economic and political support is solicited for causes such as: banning child labor, implementing universal primary education, closing down sweatshops and brothels, etc. But what if the relevant populations or individuals in the developing world do not support these particular reforms or aid programs? What if they would strongly prefer other reforms and programs, or would rank the (...) various benefits that might be offered differently than seems reasonable to the Western, liberal supporters of these campaigns and organizations? What is the proper liberal response here? I argue that the proper liberal response is to support those programs and reforms that the global poor most value. The bulk of the paper is devoted to arguing against the popular liberal argument which states that we can safely disregard the preferences of the oppressed when they seem very unreasonable because these individuals suffer from “adaptive preferences.” This typically is taken to mean that their preferences are “not their own” in an important sense. I put forward various different proposals for why adaptive preferences can be safely dismissed, but ultimately argue that they are not persuasive. And if it is no longer legitimate to appeal to adaptive preferences as a basis for disregarding what oppressed people want, then I argue that to do so is straightforward paternalism, and so is unjustifiable in all but the most extreme cases. Finally, I argue for the following concrete recommendations: Given that resources are not infinite, we should (1) Support programs that give oppressed people increased access to information, such as access to technology, (2) support those reforms and aid programs that the oppressed themselves regard as most important, with special emphasis on those opportunities for education that they deem valuable, and (3) refrain from supporting coercive policies intended to thwart adaptive preferences. (shrink)

In this essay, I argue that an immortal existence could be desirable. Taking the accounts of Williams and Smuts under careful consideration, I agree with Fischer that an immortal existence could be gratifying. When Fischer argues that it is unfair for Williams to posit that an immortal life must have self-exhausting pleasures and, overall, a better experience than mortal life, he gets to the crux of the argument for immortality: as long as there are positive categorical desires for the (...) class='Hi'>individual, then such life-affirming desires will provide an impetus to carry on. In moving past the Teiresias model of a phenomenon that retains memories while changing characters, I argue that a life of intellectual inquiry – which essentially alters the character of the individual while maintaining memories – offers an outward looking existence which provides internal pleasures. Accordingly, with the use of technology, computer simulations have the potential to provide pleasures and experiences that escape reality. In this sense, technology has the potential to supplement an immortal life. We cannot say whether there will be a pinnacle of such learning and pleasure which leads to decreasing returns, but it seems plausible that an immortal being who incorporates learning and pleasure that could potentially lead to innovation and discovery would seek to continue such intellectual inquiry and varied experiences until all learning potentials were exhausted. (shrink)

In her recent paper Virtuous Construal (2019) Vigani provides psychological support to McDowell’s silencing effect of virtue, arguing that it is through her moral outlook that the virtuous person represents the situation as an occasion for virtue only. The term “silencing” is still, however, a controversial matter, for it might lead to the conclusion that the virtuous person does not feel any sort of attachment to what is being silenced, thus suffers no genuine loss when it comes to forsaking something (...) valuable in the face of virtue (“no-genuine loss theory”: McDowell 1998; Baxley 2007). On the other hand, if we try to argue that what is silenced does not completely cease to exist in the eyes of the virtuous, then it is not clear what the difference between virtue and self-control (Aristotle’s enkrateia, continence; NE 1150a35) amounts to. The aim of this paper is to defend the difference between virtue and continence in terms of cognition ; that is to say, to provide further support to Vigani’s argument explaining how it is possible for something to be valuable yet be silenced (thus avoiding the no-genuine loss theory) and how this possibility is precisely what marks the difference between virtue and continence. I shall articulate my defence in the following steps: (A) arguing for the compatibility between a difference in cognition and Aristotle’s distinction between the virtuous and the enkrates (sections 1 and 2), (B) arguing that the silencing effect does not imply blindness to commonly shared human values (e.g. family, relationships, survival; section 3), and (C) making sense of the difference between virtue and continence in terms of deliberation (section 4). I shall be as loyal to Aristotle as possible, grounding my argument on the following premises: (i) virtuous actions issue from a virtuous conception of a life worth living (eupraxia: NE 1139a31-b5); (ii) there is some sort of context-dependency when it comes to deliberating virtuously (NE 1112b10-20); and (iii) virtuous deliberation does not allow for the inner struggle that is proper of continent deliberation (a “harmony” between appetites and reason: NE 1151b35-1152a5; while the continent is the one who has self-control: NE 1152a25-7). If I manage in the quest, then we will have found what the continent is missing in order to become virtuous, and it shall neither look in-humane nor undesirable; just hard. (shrink)

Paternalistic interventions restrict individuals’ liberty or autonomy so as to guide their decisions towards options that are more beneficial for them than the ones they would choose in the absence of such interventions. Although some philosophers have emphasised that there is a case for justifiable paternalism in certain circumstances, much of contemporary moral and political philosophy works from a strong presumption against paternalistic interventions. However, Richard Arneson has argued that there are egalitarian reasons that support the case for paternalism: (...) paternalistic interventions can protect poor decision-makers from making ‘bad’ choices, thus preventing inequalities between them and those with better decision-making skills. This paper seeks to clarify and advance our understanding of the egalitarian argument for paternalism. Arneson’s argument adds an important and often neglected dimension to the debate about paternalism but also raises a number of questions about equality, paternalism and the relationship between the two. (shrink)

This paper explores the connections between and synthesis of Anarchist political philosophy with the ethical systems of the late Roman Stoics. Utilizing a dialectic virtue model, reminisce of Hegelian development, the analysis centers around the ways in which stoic virtue theory can be applied within anarchist social structure and the consequences of such a combination. Anarchism provides a particularly flexible framework for implementation; such a system’s loose structure, with the primary thesis of anti-statism, varies greatly between individuals and groups. Stoic (...) ethics share in anarchism’s need to reconcile the individual moral agent with their role in the moral community, and this connection is one in which the individual sovereignty and the wider community may be brought into a greater degree of flourishing. Stoicism is oft perceived as mostly conservative, yet not out of necessity, while Anarchism’s progressive libertarian nature allows for wide interpretation. A Dialectic Virtue Theory can be utilized as a vehicle to connect these two traditions—Stoicism being it’s exemplar, and Anarchism's natural freedom of interpretation and practice. Virtue will then be explored as something which, when pursued in earnest, increases the flourishing of the individualist as well as the communitarian. Individual Liberty will take center stage, and as we will see this is echoed in the stoic conceptions of self-discipline; to discipline one’s own individual attainment of virtue will have ripple effects when given the space to do so, and since this discipline does not come from a higher authority (ie. the state), this maps particularly well to anarchist political thought. Hereby the individual is given the utmost freedom to develop their own ethics of virtue while contributing positively to the generalized virtue of the larger community, and both grow evermore sophisticated via this dialectical exploration. This thesis asserts that the system which can be constructed from these traditions is not only preferable, but logically sound, just, and attainable. This then ushers in the newest in a long line of anarchist variance which we shall now call Anarcho-Stoicism. (shrink)

For Alexis de Tocqueville, a faithful son of the Enlightenment, the priority given to the individual in the pursuit of truth represents the starting point of an inexorable march of equality towards individual autonomy. In other words, in agreement with the historicist movements of the 19th Century, Tocqueville interprets history as a dialectical progress: History understood as progress in the Hegelian sense, whose becoming unfolds in virtue of a steady and unalterable progress towards a better society-civilization as a (...) creation of the illustrated man. However, while for Hegel progress obeys a reason understood as self-knowledge, Tocqueville understands it as a balance between antagonisms: liberty-individual-democracy. In other words, the Tocquevillian dualism, expressed in the permanent tension between antagonisms equality vs. freedom, the individual vs the citizen–, leads towards a new class of dialectics of liberty. In this sense, the aforementioned triad represents, precisely, the tension that reveals itself as problematic, given that, ultimately, the elements that compose it arise antithetically. (shrink)

This article offers a libertarian re-examination of Brazilian political history focusing mainly on the first few decades of the 19th century. The article finds two main tendencies lurking behind the various political parties and labels of the time: one, associated mainly with the Conservative Party, leaned dangerously away from the individual liberties advocated by classical liberalism and instead more toward authoritarian forms of government. The other, associated mainly with the Liberal Party, was more libertarian in nature. This article also (...) concludes that other examinations of these budding political parties fall short by overlooking a potentially authoritarian state underlying the Conservative project that dominated politics in Brazil at the time. (shrink)

Dieser Aufsatz untersucht das Verhältnis zwischen Föderalismus und individueller Freiheit. Es wird gezeigt, dass eine vollständige Analyse des Verhältnisses zwischen Föderalismus und individueller Freiheit zwei entgegengesetzte Effekte mitberücksichtigen muss. Auf der einen Seite verstärken föderalistische Strukturen die individuelle Freiheit indem sie die Auswahlmöglichkeiten der Bürger erweitern. Auf der anderen Seite führt jedoch ein föderalistisches System zur institutionellen Vielfalt, ein Faktum, das per se zu höheren Abwanderungskosten führt, die ein Bürger tragen muss, wenn er oder sie entscheidet, die Jurisdiktion zu wechseln. (...) Dieser Effekt auf die individuelle Freiheit ist ein negativer, da jede Erhöhung der Abwanderungskosten die Minderung der individuellen Freiheit zur Konsequenz hat. Der optimale Grad der Vielfalt der Jurisdiktionen befindet sich dort, wo die beiden Effekte sich gegenseitig ausgleichen. (shrink)

Although Foucault’s 1979 lectures on The Birth of Biopolitics promised to treat the theme of biopolitics, the course deals at length with neoliberalism while mentioning biopolitics hardly at all. Some scholars account for this elision by claiming that Foucault sympathized with neoliberalism; I argue on the contrary that Foucault develops a penetrating critique of the neoliberal claim to preserve individual liberty. Following Foucault, I show that the Chicago economist Gary Becker exemplifies what Foucault describes elsewhere as biopolitics: a (...) form of power applied to the behavior of a population through the normalizing use of statistics. Although Becker’s preference for indirect intervention might seem to preserve the independence of individuals, under biopolitics individual liberty is itself the means by which populations are governed indirectly. In my view, by describing the history and ambivalence of neoliberal biopolitics, Foucault fosters a critical vigilance that is the precondition for creative political resistance. (shrink)

Character education in schools has been high on the UK political agenda for the last few years. The government has invested millions in grants to support character education projects and declared its intention to make Britain a global leader in teaching character and resilience. But the policy has many critics: some question whether schools should be involved in the formation of character at all; others worry that the traits schools are being asked to cultivate are excessively competitive or military. In (...) this pamphlet Randall Curren sets out a robust defence of character education. He welcomes the political support it presently enjoys, but contends that greater clarity about the nature, benefits and acquisition of good character is essential. In particular, he argues that too narrow a focus on traits like perseverance and resilience is a serious mistake: these traits are only virtues when they are part of a wider set of moral and intellectual qualities, and when their exercise is guided by good judgment. Curren offers us a compelling and coherent account of what good character is and how it might be cultivated in schools. He explains why schools must be needs-supporting environments that provide students with opportunities to engage in rewarding activity, and why cultivating good character implies promoting the ‘fundamental British values’ of democracy, the rule of law, individual liberty, and mutual respect and tolerance. His groundbreaking pamphlet promises to expand the scope and strengthen the foundations of character education in British schools, and should go a long way towards allaying the fears of its detractors. (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over (...) the incidents (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

The 2010 Patient Protection and Affordable Care Act was designed to increase health insurance coverage in the United States. Its most controversial feature is the requirement that US residents purchase health insurance. Opponents of the mandate argue that requiring people to contribute to the collective good is inconsistent with respect for individual liberty. Rather than appeal to the collective good, this Viewpoint argues for a duty to buy health insurance based on the moral duty individuals have to reduce (...) certain burdens they pose on others. When some people have a duty to rescue, others may have a duty to take rescue precautions, in this case, to purchase health insurance to cover acute and emergency care needs. Requiring that individuals meet this obligation is consistent with respect of individual liberty. (shrink)

Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable to (...) us to defend ourselves: we are bound to the law duly enacted according to the original Constitution to which we consented. For Locke, how best to avoid dissolution of government and preserve individual liberty is for the people to judge collectively, unconstrained by natural proscriptions on gun regulations, limited only by the demands that government not be arbitrary and that it serve the public good. (shrink)

This article challenges the view most recently expounded by Emily Jackson that ‘decisional privacy’ ought to be respected in the realm of artificial reproduction (AR). On this view, it is considered an unjust infringement of individual liberty for the state to interfere with individual or group freedom artificially to produce a child. It is our contention that a proper evaluation of AR and of the relevance of welfare will be sensitive not only to the rights of ‘commissioning (...) parties’ to AR but also to public policy considerations. We argue that AR has implications for the common good, by involving matters of human reproduction, kinship, race, parenthood and identity. In this paper we challenge presuppositions concerning decisional privacy. We examine the essential commodification of human life implicit in AR and the systematicity that makes this possible. We address the objection that it is an ethically neutral way of having children and consider the problem of ‘existential debt’. After examining objections to the thesis that AR is illegitimate for reasons of public policy and the common good, we return to the issue of decisional privacy in the light of considerations concerning the legitimate role of the state in matters affecting human reproduction. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law (...) and regularization policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

The purpose of this paper is an interpretation of the social and political thought of the Solidarity movement in the light of the political philosophy of communitarianism. In the first part of the paper, the controversies between liberalism and communitarianism are characterized in order to outline the communitarian response toward the authoritarian/totalitarian challenge. In the second part, the programme of a self-governing republic created by Solidarity is interpreted in the spirit of communitarianism. I reconstruct the ideal vision of human being (...) expressed in of ficial trade union’s documents and essays of Solidarity’s advisers e.g., Stefan Kurowski and Jozef Tischner, and the efforts of the movement for telling the truth about history and its vision of Polish history. Also, I interpret the programme of Self-Governing Republic adopted during the First National Convention of Delegates of Solidarity. In these programmatic documents of Solidarity, one may find ideas characteristic both of the communitarian and liberal political philosophy. However, the liberal ones—including, primarily, the guarantee of human and citizens’ rights, and of individual liberties—were subordinated to the postulate of reconstructing the national and social community. In the course of transformation after 1989, these communitarian elements of Solidarity programme, incompatible with liberal ideological agenda, have been erased. (shrink)

JOTIRAO GOVINDRAO PHULE occupies a unique position among the social reformers of Maharashtra in the nineteenth century. While other reformers concentrated more on reforming the social institutions of family and marriage with special emphasis on the status and right of women, Jotirao Phule revolted against the unjust caste system under which millions of people had suffered for centuries and developed a critique of Indian social order and Hinduism. During this period, number of social and political thinkers started movement against such (...) systems and methods. These thinkers aimed at upliftment of the status of women socially, economically, educationally and politically. Of these socio-political thinkers Mahatma Phule, Mahatma Gandhi, Dr. B.R. Ambedkar, Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, and such other have organized movement for striving equality for dalits, backward classes and women. As such, Mahatma Phule was an earliest leader, who strongly opposed gender inequality. He was in the real sense a great thinker finder of truth. He was of the view that every individual should search for the truth and mould accordingly, only then the human society can remain happy. He said that British rule provided an opportunity for the masses to get themselves liberated from the slavery of the Brahmins. But at the same time, he also criticized the British bureaucracy for its policy of supporting higher education and for its tendency to rely upon Brahmin subordinates. Interestingly, Mahatma Phule nurtured a favourable perspective of the British Rule in India because he thought it at least introduced the modern notions of justice and equality into the Indian society. He also criticized the economic policy of the British rule in many respects it was unfavorable to the poor peasants. He suggested a number of solutions to improve the conditions of the agriculture sector. In place of exploitative Indian social order, Phule wanted to establish a society founded on principles of individual liberty and equality and in place of Hinduism he would have liked to put universal religion. In this paper my attempt is to give an analysis of ideas of Mahatma Phule with his core philosophical outlook. (shrink)

Taking equality seriously means that we ought to consider the ways in which persons are not only unfairly advantaged or disadvantaged from the start – e.g., through genetic inheritance, wealth, or a parent’s educational background – but also how opportunities and rewards that result from these basic inequalities are later exacerbated in the distribution of goods and opportunities. The basic point of equality as a normative principle is not that everyone have similar things or achieve similar outcomes, that would be (...) undesirable both for reasons having to do with individual liberty as well as social need. (shrink)

This paper identifies a challenge for liberal relational egalitarians—namely, how to respond to the prospect of emergent inequalities of power, status, and influence arising unintentionally through the free exercise of fundamental individual liberties over time. I argue that these emergent social inequalities can be produced through patterns of nonmalicious choices, that they can in fact impede the full realization of relational equality, and that it is possible they cannot be eliminated entirely without abandoning fundamental liberal commitments to leave individuals (...) substantial discretion in their personal lives. In such cases, I argue that liberal egalitarians should accept fair relational equality—a demanding but nevertheless imperfect form of relational equality. (shrink)

What is my thesis? It is not that radical experimentation by the state, rather than liberal democracy, is more in accord with the spirit and logic of Popper’s ‘revolutionary’ epistemology. It is the opposite criticism, that full anarchic libertarianism (individual liberty and the free market without any state interference) better fits Popper’s epistemology and scientific method.

It is common to think that state enforcement is a restriction on freedom that is morally permitted or justified because of the unfortunate circumstances in which we find ourselves. Human frailty and material scarcity combine to make the compromise of freedom involved in exclusive state enforcement power necessary for other freedoms or other goods. In the words of James Madison, ‘if men were angels, no government would be necessary’ (1990: 267). But there is an opposing tradition, according to which the (...) very idea of freedom in society entails the necessity of state enforcement. However morally good human beings are, or whatever material conditions they find themselves in, on this view, the ideal of freedom we ought to be concerned to realise is such that it cannot be attained without state enforcement. It follows a priori from an important ideal of freedom that a state with exclusive enforcement power is necessary for individual liberty in society. In this paper, I argue against what I take to be the strongest argument of the a priori kind, which begins from the neo-republican ideal of freedom as non-domination, and thereby in (partial) defence of the alternative, Madisonian, view. Insofar as it is true that some sort of problematic domination will inevitably be present in a stateless society, I argue, the introduction of a state can do nothing to eliminate it. For the state to improve on even an ideal stateless society, it would need to give individuals control over the interference of potential dominators of a sort that could not be achieved in the ideal stateless society. -/- . (shrink)

This paper analyses the interpretation of the Marxist dialectic proposed by three important French philosophers of the twentieth century: Maurice Merleau-Ponty (1908-1961), Jean-Paul Sartre (1905-1980) and Raymond Aron (1905-1983). Starting from different theoretical and political points of view, they criticize the historical determinism of the Marxist dialectic and propose three different “philosophies of freedom.” In the Adventures of the Dialectic (1955), Merleau-Ponty criticizes a theory of human history based only on economic structure, and denounces the violence of the Soviet communism. (...) He also accuses his friend Sartre – who had a more favourable attitude towards Soviet communism – of “ultrabolshevism.” Merleau-Ponty was subsequently active in the French non-communist Left. The existentialist philosopher Sartre always sympathized with the Left, and supported the French Communist Party (PCF) until the 1956 Soviet invasion of Hungary. In his Critique of Dialectical Reason (1960), Sartre also underlined the failure of the Soviet revolution, and criticized the violence of Marxist revolutionary thought. The last part of this paper deals with the philosopher and political sociologist Raymond Aron, who had a lifelong, sometimes fractious, friendship with Sartre. He always defended a “skeptical and anti-ideological” liberal position. In his best known book The Opium of the Intellectuals (1955), Aron argues that in post-war France, Marxism was the opium of the intellectuals. In this book, Aron chastised French intellectuals for what he described as their harsh criticism of capitalism and democracy and their simultaneous defense of Marxist oppression, atrocities, and intolerance. In opposition to the dialectical ideology of Marxism, Aron proposes an antitotalitarian philosophical and political theory based on the development of individual liberties. (shrink)

The communal characteristic of African Societies has frequently been juxtaposed with the individualistic tenets of Western polities. However, the evolution of African societies into liberal democracies with the obligation to promote and protect constitutionalism and individual liberties calls for a philosophical niche to bridge between communality and individuality. This paper argues that Africa’s moral and political philosophy is in an urgent need of a Kantian Copernican revolution to ameliorate the conflictual interface between sociality and individualism. The paper opines that (...) the revolution will help to harmonize the dilemmatic relationship between communitarianism and individual rights. The paper also contends that the Kantian categorical imperatives are necessary in eliminating the unclear deontological/teleological situatedness of African ideological philosophies. (shrink)

We argue that while the new opposition in Azerbaijan between 2005 and 2013 did not realize all the goals set, it influenced a new generation of young activists who became the loudest supporters of democratic and secular values in Azerbaijan. This grassroots activation of the youth brought noticeable changes to some parts of Azerbaijani society by questioning the authority of traditional values. Many young people, especially students found a platform to discuss their problems concerning everyday basic issues such as intimate (...) relationships as well as their freedom to live in accordance with their personal choices and desires without the family interference in the light of theoretical questions such as the importance of liberal democratic values, individual liberties, and the rule of law. The successfully established connections between material problems and transcendental ideals encouraged some young people to participate in the open discussions and seminars organized by the new opposition. Because of the emergence of this new generation of active youth, the government was forced to incorporate some elements of this new discourse at least by making some cosmetic changes within its structures. The government became successful in its attempts of weakening the new opposition by hijacking its ideas and creating similar but pro-government organizations; neutralizing or buying some well-known opposition figures such as writers and journalists; and finally, persecuting the leading members of the youth organizations. (shrink)

This paper discusses some political implications of humor, using as a point of departure the mechanisms that explain the sources of the comical. First, I briefly present the main explanations offered for why we laugh. I then focus on the cognitive view proposed Hurley, Dennett and Adams, according to which humor carries out the epistemic function of eliminating the errors that covertly entered a mental space. In the second section of the paper, I present two accounts of how liberalism continues (...) to extend the scope of individual liberties. I use these views on liberalism as a background for my analysis of the political implications of humor, advancing the claim that, as a result of its epistemic function, humor has a strong conservative bias. (shrink)

The currently used humanity model is chaotic, devoid of logic or coherence. In Part 1 of this two-part paper, we examined human traits of a scientific model in absence of ‘born sinner’ starting point. We demonstrated that the so-called ‘viceroy model’ that is characterized as scientifically sustainable can replace the existing models that are based on fear and scarcity. Part Two of the paper deals with adequate definition of moral campus that conforms to the viceroy model. In this paper, it (...) is shown that the talk of morality or a moral compass is aphenomenal in absence of strict necessary and sufficient conditions. It also follows that natural justice can only be followed after defining the term ‘natural’ with the same scientific rigor as that of the viceroy model. Once these terms are consistently defined, one is well poised to talk about inalienable rights, moral compass, environmental sustainability, and humanity. The immediate consequence of this model is the demonstration that currently used governance models, such as democracy, is inherently implosive and must be replaced with a new model that is in conformance with the scientific definition of ‘natural’. This emerging model is free from inconsistencies and will remain effective as a governance tool that optimizes individual rights and balances with the right of the state as well as a Creator. It is concluded that this model offers the only hope of maximizing individual liberty without compromising universal peace and natural justice. At this point, morality and legality become equivalent to each. The implications of this paper are overwhelming, making all current judicial actions immoral, in essence repudiating the entire Establishment as little more than a mafia entity, bringing back ‘might is right’ mantra, packaged as ‘social progress’. The paper finally shows how a standard that is necessarily and sufficiently universal can become impetus for a true knowledge. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because (...) liberties cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

Libertarian Quandaries is a slim volume of tight reasoning that makes a resolute case for libertarianism. Libertarianism is “the social philosophy that identifies individual liberty as the most fundamental social value, and by extension treats moral cooperation as the only morally permissible form of social interaction.” More specifically, the book is a compendium of concise rebuttals to commonplace counterarguments advanced against libertarianism. It attempts to show that libertarianism withstands wide-ranging criticisms in principle, but also that it can be (...) implemented in practice. It does an admirable job in this regard. The book is not, however, aimed at lightweight lovers of liberty. The content—conveyed in carefully crafted phrases—makes non-trivial intellectual demands on the reader. (shrink)

The 19th-century philosopher John Stuart Mill is widely regarded as one of history’s leading proponents of inductive science and of political liberty. Yet, oddly, philosophers working in his train have been remarkably unsuccessful in saying exactly what is wrong with the scientific skepticism or the political tyrannies of the past one hundred and fifty years. Is it possible that Mr. Mill was not such a good guy after all? … I recommend the book to anyone interested in a scholarly (...) treatment of Victorian England, of 19th-century science, of the history of scientific method, of the philosophy of induction, or of the underappreciated historian and philosopher William Whewell. For anyone who thinks John Stuart Mill was a champion of commonsense realism, inductive science, or individual liberty, the book is a must-read. (shrink)