Resumen. -/- Premio de artículos jurídicos «GARCÍA GOYENA» (Curso 2013-2014). Tercer accésit El proceso de integración europea, en el que vivimos inmersos, reviste caracteres económicos, sociales, políticos y jurídicos; que dotan de características peculiares a un proyecto de integración cuya naturaleza está en constante discusión, casi tanto como su futuro. Sin duda, uno de los grandes protagonistas del proceso de integración ha sido y es el Tribunal de Justicia de la Unión Europea, sobre todo con la proclamación y consagración de (...) los principios definitorios de la relación entre el ordenamiento comunitario, hoy de la Unión Europea con los ordenamientos nacionales: los principios de eficacia directa y de primacía del Derecho comunitario. Esto lo ha hecho a la vez que desarrollaba su jurisprudencia sobre las libertades económicas fundamentales consagradas en el Tratado de la Comunidad Económica Europea (libre circulación de mercancías, libre prestación de servicios, libre circulación de trabajadores y libre circulación de capitales). Este trabajo tiene por objeto estudiar dicha jurisprudencia, analizando el papel preponderante de la libre circulación de mercancías, así como las perspectivas de futuro tras la entrada en vigor del Tratado de Lisboa. -/- Abstract. -/- The process of European integration, in which we are immersed, has economic, social, political and legal characters giving special characteristics to an integration project whose nature is in constant discussion as its future. Certainly one of the great protagonists of the integration process has been and is the European Court of Justice, especially with the proclamation and consecration of the defining principles of the relationship between Community law, now European Union law, and national law: principles of direct effect and supremacy of EU law. ECJ recognised this principles while it developed its jurisprudence on fundamental economic freedoms recognised in the Treaty establishing the European Economic Community (free movement of goods, freedom to provide services, free movement of workers and free movement of capitals). This work aims to study this case law, analyzing the dominant role of the free movement of goods as well as the future trends after the entry into force of Lisbon Treaty. (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)

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...) such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

Freedom, liberty and rights are terms that long have suffered from vagueness that allows a host of differing interpretations, most of them ideological and overly simplistic. Good, serious modeling descriptions of those terms would not overlook the necessary complexity involved in these social interactions. MacCallum’s idea of (political and social) triadic freedom is here extended to include resources, ability, externalities, benefits to the exerciser, and reasons for non-interference. Interference is described as a subset of freedoms with significant externalities. A (...) right is then described as a compound of a freedom protected by interferences. This provides a basis for the analysis of the game-theoretic economics of rights and when they will be produced. (shrink)

This article argues that economic crises are incompatible with the realisation of non-domination in capitalist societies. The ineradicable risk that an economic crisis will occur undermines the robust security of the conditions of non-domination for all citizens, not only those who are harmed by a crisis. I begin by demonstrating that the unemployment caused by economic crises violates the egalitarian dimensions of freedom as non-domination. The lack of employment constitutes an exclusion from the social bases of self-respect, (...) and from a practice of mutual social contribution crucial to the intersubjective affirmation of one’s status. While this argument shows that republicans must be concerned about economic crises, I suggest a more powerful argument can be grounded in the republican requirement that freedom must be robust. The systemic risk of economic crisis constitutes a threat to the conditions of free citizenship that cannot be nullified using policy mechanisms. As a result, republicans appear to be faced with the choice of revising their commitments or rejecting the possibility that republican freedom can be robustly secured in capitalist societies. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...) protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (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)

It is a core feature of the conception of freedom as non-domination that freedom requires the absence of exposure to arbitrary power across a range of relevant possible worlds. While this modal robustness is critical to the analysis of paradigm cases of unfreedom such as slavery, critics such as Gerald Gaus have argued that it leads to absurd conclusions, with barely-felt constraints appearing as sources of unfreedom. I aim to clarify the demands of the modal robustness requirement, and offer a (...) reinterpretation of its place in the conceptual framework of freedom as non-domination. I illustrate this point through a discussion of low-probability threats of interference which are central to Gaus’s critique, which I term ‘distant threats’. I argue that those committed to robust conceptions of freedom should still be concerned by these kinds of threats, which will sometimes constitute genuine sources of unfreedom. But rather than leading to absurd conclusions, we should instead view them as diagnostic of deficiencies within existing regimes of non-domination. The challenge posed by distant threats of domination to the republican conception of freedom does not prove it implausible, but illustrates some of its most important insights about the social and economic conditions of free status, and the fragility of that freedom. (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)

Economics claims to be an independent empirical social science but empirical evidence of the last century challenges this claim. By contrast Caritas in Veritate contains a set of linkages that demonstrate that economics is related to morals, anthropology and theology. Economics is practiced in a cultural setting with a moral dimension related to the human person, which is ultimately grounded in the nature of God. Pope Benedict has focused on love and gift as human qualities reflecting the Divine nature. The (...) anthropology that proceeds from this is a development of Pope John Paul II’s emphasis on human dignity and freedom. It suggests moral principles that can guide culture, social institutions and hence economic action. Pope Benedict uses his reflections on the social order to comment on the problems of development for less developed peoples, but his analysis also completes one theme of the social encyclicals. Whereas Pope Leo XIII concentrated on economic and political fundamentals such as property and political organization, subsequent contributions turned attention more towards the human actor in relationship to God. Pope John Paul II made this explicit by turning attention to anthropology. Pope Benedict has connected these and completed the vision initiated by his immediate predecessor. He has described more completely the grounding of anthropology on the family, culture and ultimately the Most Blessed Trinity. The encyclical can be read as an invitation to a broader methodology for economics, one that is better conformed to actual market actors and that has the capacity to overcome some of the contentious aspects of the current discipline. The groundwork has been established by thinkers including Aristotle and St. Thomas Aquinas and some of its elements are evident in the economic organisation of many non-modern cultures. (shrink)

This is an interview by the Erasmus Journal for Philosophy and Economics with Ian Carter. The interview covers Carter's intellectual biography; his extensive writings on the measurement and value of freedom; his reflections on the use of formal methods in philosophical work on freedom and in political philosophy more broadly; his more recent work on basic equality and respect for persons; and, finally, his advice to young scholars.

This paper critically evaluates institution reconstructing critique—the central methodological strategy employed by Axel Honneth in his latest book Freedom’s Right designed to articulate and justify the normative standards employed by a critical theory of the present. It begins by considering, at a general level, the promises and limits of three ideal-typical normative methodologies of social critique: first principles critique, intuition refining critique, and institution reconstructing critique. It then turns to the details of Honneth’s history and diagnosis of market spheres of (...) society as one key example of institution reconstruction critique. This leads to a consideration of some challenges facing this kind of critique, paying particular attention to problems posed by alternative reconstructions of the same data. It argues, in particular, that there is a troubling indeterminacy in this reconstruction, since alternative teleologies yield substantively different normative analyses of capitalism, and hence substantively different social critiques. In conclusion, the paper suggests some methodological remedies which might need to be adopted in order to make good on the promise of institution reconstructing critique while avoiding some of its most challenging problems. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...) concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common to these (...) discussions, as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

We live in times of an increasing polarization in which the margins of the political spectrum begin to dominate our social imagination again. While the neoliberal iteration of the capitalist project suggests an extreme individualism as the normative default position, the devastating impact of the globalized economy on many has reignited the pursuit of socialist alternatives. In this constellation, Simmel’s social theory of modernity can be a useful resource to undercut the return of the old battle between opposite economic (...) systems. This paper argues that two kinds of pluralism can be derived from his conceptualization of the social effects of the money economy. In contrast to one-size-fits-all concepts of freedom, Simmel embraces a social pluralism which acknowledges a plurality of cultural spheres as relevant for the self-actualization of modern individuals, attributing different combinations of independence and embeddedness to them. Moreover, he rejects the social extremes of socialism and individualism, since they fail to properly integrate individual freedom into the social whole without undermining it. Instead Simmel gives us the vision of a pluralist economy in which democratic worker’s cooperatives are combined with an overall liberal market to satisfy both the longing for community and the strive for individual distinction. (shrink)

This chapter considers possible moral grounds for recognizing and realizing economic and social rights (ESRs) as human rights. It begins by suggesting that ESRs fall into three families: (1) welfareoriented ESRs, which protect adequate income, education, health, and safe and healthful working conditions; (2) freedom-oriented ESRs, which prohibit slavery, ensure free choice of employment, and protect workers’ freedoms to organize and strike: and (3) fairness-oriented ESRs, which require nondiscrimination and equal opportunity in the workplace along with fair remuneration (...) for one’s work. To accommodate the normative diversity found in these three families, the chapter suggests a pluralistic justicatory framework that appeals to three kinds of moral reasons: human welfare, freedom, and fairness. A final section considers the possibility of subsuming all three of these approaches to justication under the idea of human dignity or the associated idea of equal respect for persons. (shrink)

In mainstream political discourse, refugeehood is increasingly being associated with victimhood, powerlessness, abnormality, and political crises. On the one hand, refugees are, often, viewed as voiceless victims who should be offered protection and assistance on humanitarian grounds under exceptional circumstances. On the other hand, they are, increasingly, being portrayed as enemy-like strangers who pose a threat to the borders, stability of receiving states, and the well-being of their citizens. This prevailing framework fundamentally disregards refugees’ political subjectivity and ignores emancipatory phenomena (...) and practices of freedom, which are embedded and expressed in refugees’ migratory movements. This philosophical investigation aims to contribute to our understanding of the dynamic relationship of freedom and unfreedom from the perspective of refugees. To examine this dynamic relationship, this study situates itself in the autonomy of migration approach and draws on narratives and lived experiences of refugees, which were collected during in-depth interviews with refugees (Greece). These experiential accounts have been analysed and theoretically discussed in accordance with the guidelines of Interpretative Phenomenological Analysis (IPA). Through an interpretative process, this study critically contextualizes refugees’ perceptions and understandings of freedom in ongoing theoretical discussions concerning refugeehood and freedom. Based on these critical discussions, this study develops a theoretical examination of the dynamics of freedom and unfreedom in different spatio-temporal phases of refugeehood. In doing so, it explores the multifaceted act of flight, lived experiences of (un)freedom, socio-political structures of abandonment, and autonomous relations and arrangements by which refugees enact freedom in receiving states. Moreover, it challenges the prevalent conceptual distinctions between citizens versus non-citizens, hosts (nationals) versus guests (migrants), genuine refugees versus economic migrants, and the included (right-holders) versus the excluded (the rightless). (shrink)

This work aims to understand the affective dimension that permeates human relationships and the variation that characterizes their forms. The concepts presented here aim to situate man in relation to these two poles of his existence, servitude and freedom, which are urgent for us to reflect on the subject of ethics today. Considering instability as a constitutive mark of the affective field through which man relates, we will resort to concepts which will support and illustrate the idea which we intend (...) to present, namely the economic nature of the bodily forces which motivate and intervene in such relations which pass, as they are established, to a configuration of power. From the philosophical concepts of affection, servitude and freedom, according to Spinoza, it is possible to understand the existential and ethical dimension that runs through human life. The Freudian concepts of herd instinct, identification and love can be understood as affections belonging to the soul of the herd which, in its psychic process, leads man to his state of servitude. From these foundations, one can think about human freedom and how man can, through sublimatory processes, become the cause of himself, and thus show new possibilities, outlets that man has under his own power to make his life more joyful and, in this way, not to live at the mercy of external causes that result in shocks, condemning him to the bondage of his own passions. This research brings these questions to reflection to show how the traditional way of thinking directly impacts man in his way of relating, freely or not, to the world and, finally, how another perspective of understanding this which constitutes its nature allows a new posture in the face of desire itself. -/- . (shrink)

Big data and predictive analytics applied to economic life is forcing individuals to choose between authenticity and freedom. The fact of the choice cuts philosophy away from the traditional understanding of the two values as entwined. This essay describes why the split is happening, how new conceptions of authenticity and freedom are rising, and the human experience of the dilemma between them. Also, this essay participates in recent philosophical intersections with Shoshana Zuboff’s work on surveillance capitalism, but the investigation (...) connects on the individual, ethical level as opposed to the more prevalent social and political interaction. (shrink)

This open access book presents a comparative study of two classics of world literature, offering the first sustained study of what unites and divides the Nicomachean Ethics and the Bhagavad Gita. -/- Asking what the texts think is the nature of moral action and how it relates to the highest good, Roopen Majithia shows how the Gita stresses the objectivity of knowledge and freedom from being a subject, while the Ethics emphasizes the knower, working out Aristotle’s central commitment to the (...) idea of substance as the primary building block of the world. Yet both the Gita and the Ethics explain variety in human behaviour in terms of three driving forces. Both agree moral agency is a construct that is a function of background, education and habit, presupposing a cultural, political and economic infrastructure. -/- What distinguishes the texts is how the content of right action is generated. Reading them together, alert to their individual accounts of how the practical relates to the reflective dimensions of life, Majithaia enriches our understanding of two cornerstone texts in the Greek and Indian philosophical traditions. -/- The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollectionsdotcom. Open access was funded by The Marjorie Young Bell Faculty Fund and The Hart Almerrin Massey Endowment. (shrink)

Adorno and Levinas argue from distinct yet intersecting perspectives that there are pathological forms of freedom, formed by systems of power and economic exchange, which legitimate the neglect, exploitation and domination of others. In this paper, I examine how the works of Adorno and Levinas assist in diagnosing the aporias of liberty in contemporary capitalist societies by providing critical models and strategies for confronting present discourses and systems of freedom that perpetuate unfreedom such as those ideologically expressed in possessive (...) individualist and libertarian conceptions of freedom. (shrink)

I will argue here that Einaudi's thought reveals an awareness that the question of freedom has to do with two inter-related problems: the relation of individuals or communities with their respective limits and the question of going beyond these limits. Limits are to be understood here in the meaning of the foundation or conditions of possibility both of institutions (economic, political and juridical) and of thought and human action.

As we enter the 21st century, we do well to consider the values implicit in science fiction, the principal arena of future speculation in popular culture. This study explored whether consumption of science fiction (SF) is correlated with distinctive socio-ethical views. SF tends to advocate the extension of value and rights to all forms of intelligence, regardless of physical form; enthusiasm for technology; and social and economic libertarianism. This suggests that consumers with these socio-ethical views would be attracted to (...) the SF genre, and that amount of SF consumption would be correlated with adoption of these views. -/- Groups of respondents involved in medical ethical and environmental issues were surveyed in 1992 (N=278). SF consumption was found, at first-order correlation and controlling for covariates, to be associated with: greater support for extending rights to animal and machine intelligence; greater enthusiasm for technology, and rejection of limits to human endeavors; and greater social libertarianism. SF consumption was not associated with specific views on the cognitively and physically disabled; support for abortion rights; or economic libertarianism. (shrink)

Amartya Sen has recently told us how he feels he has not yet made his mark as an economist. I notice that he is strangely not named in the background information to an essay competition. It concerns why some nations are wealthy and others poor, names other economists, and even discusses freedom and capabilities. Here I address the question of why Sen is absent and, more generally, at risk of devaluation.

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)

Background: Adequate immunity to COVID-19 apparently cannot be attained in Germany by voluntary vaccination alone, and therefore the introduction of mandatory COVID-19 vaccination is still under consideration. We present findings on the potential acceptance of such a requirement by the German population, and we report on the reasons given for accepting or rejecting it and how these reasons vary according to population subgroup. -/- Methods: We used representative data from the Socio-Economic Panel for the period January to December 2021. (...) We linked the respondents’ answers concerning mandatory COVID-19 vaccination to information about their sociodemographic characteristics, state of health, political attitudes, and degree of confidence in the judicial and political systems. We analyzed these data using univariate, bivariate, and multivariate statistical methods. -/- Results: Just over half of the respondents (50.44% [49.08%; 51.79%]) favored mandatory COVID-19 vaccination. Among the supporters, the reason most frequently given (95.22% [94.45; 96.00]) was that, without such a requirement, not enough people would be vaccinated. Among the opponents of mandatory COVID-19 vaccination (49.56% [48.21%; 50.92%]), by far the most common reason given for opposing it was a desire to uphold individual freedom (91.36% [90.31%; 92.40%]). Persons supporting mandatory COVID-19 vaccination, on average, older than those who opposed it; they less commonly had an education beyond secondary school, were less healthy, tended to have no children, had centrist political views, and expressed more confidence in the political system. The largest difference between the two groups was that about 90% of supporters of mandatory COVID-19 vaccination were themselves vaccinated, compared to only about 62% of opponents. -/- Conclusion: The lack of consensus on this issue among politicians and physicians in Germany is reflected in a similar lack of consensus in the German population as a whole. A discussion of the appropriate understanding of individual freedom would be the most promising way to widen the acceptance of mandatory COVID-19 vaccination. A commonly expressed conception of freedom that permits the deliberate endangerment of other people’s health seems morally questionable. -/- DOI: 10.3238/arztebl.m2022.0174. (shrink)

When it comes to social criticism of the economy, Critical Theory has thus far failed to discover specific immanent norms in that sphere of activity. In response, we propose that what is needed is to double down on the idealism of Critical Theory by taking seriously the sophisticated structure of agency developed in Hegel’s own account of freedom as self-determination. When we do so, we will see that the anti-metaphysical gestures of recent Critical Theory work in opposition to its attempts (...) to develop immanent critique. In this paper we first briefly reconsider Axel Honneth’s project as it concerns economic institutions and then respond by returning to the problem of freedom and articulating a view according to which the problem of individual self-determination and the problem of social production are the same problem seen from different angles. Then we present briefly Hegel’s own social theory from this perspective before moving on to trace the outlines of such a critical theory of contemporary capitalism. (shrink)

Global capitalism is the politico-economic structure that subjects everything to its interests. It creates unimaginable poverty, ecological crisis, the ongoing pandemic, wars without end, and other horrors that humans can inflict against each other. Within this capitalist configuration, an idea and a political movement emerged that seeks to destroy the foundation of this system. Communism is this idea and political movement. The foundation of capitalism that they wanted to dismantle is private bourgeois property. In general, the Bolshevik revolution did (...) destroy that foundation, but this was not enough. It only resulted in the eventual transformation of the party as the collectivized bourgeoisie with its authoritarian state apparatus. It transformed this bourgeois-liberal capitalism into state-run capitalism. The revolutionary class that was supposed to be emancipated, remained as they were in capitalism, producer of the means of subsistence and surplus value. The eventual dissolution of the Soviet Union did not mean that the idea of communism is already dead. It should have been the perfect time to reassess the theoretical foundations of communism and test the ideas of Marx and others in their practical-idealistic form. The production and reproduction of capitalist social relations create everyday consciousness for all capitalist subjects, even to passionate communist revolutionaries. This is how ideology works. But the continuing havoc of global capitalism continues. The Left goes on with their same old traditions. They do not see that precisely ii their unceasing failure is one of the conditions for capitalism and its state apparatus to have the capacity to reinvent itself. In Pandemic 2: Chronicles of a Time Lost, Slovenian-born philosopher and global thinker Slavoj Zizek said that capitalism is incapable of solving the Covid-19 crisis. In his more than a thousand-page book paradoxically called Less Than Nothing, he said that ‘really existing’ socialism failed because it was ultimately a subspecies of capitalism. Can we utilize this Zizekian idea of communism, an idea that generates criticism both to capitalism and 20th-century communism to reinvent communism for it to revitalize its struggle against global capitalism? To answer this question, I employed Critical Theory through the ideas of communism of Zizek. I started with capitalism’s totality. It manifests itself in the world of commodities. Commodities are everywhere and almost in everything. Commodification not only involves things that man uses but humanity herself is commodified. Then I elaborated on the notion of the proletariat because she is the “commodified man” personified. The identification of the proletariat almost exclusively with factory workers is the prevailing idea in the Left movement. I tried to show that the proletariat is the overwhelming majority in every industry. Capitalism, I claim is both producing employment and unemployment. And the unemployed, not only are included as members of the proletarian class, but looking at it objectively, they may play a significant role in the political struggle of the proletariat against the bourgeoisie. Therefore, as I tried to describe in quite a detailed fashion the various industries of capitalism and the sub-groups of the unemployed, it becomes evident that even without mentioning it, the proletariat is the class that almost everyone belongs to, except, as might be expected, the bourgeoisie. -/- Then I mustered the audacity to question Marx and Engels’ Communist Manifesto. I also tried to imagine what will happen to the economic categories in Marx’s Capital in communism. My objective was to identify what is lacking in Marx that may explain the Left’s unending failure. I think I succeeded, although in a very superficial manner, in trying to locate what was missing in Marx’s theory. It was not enough to transform the bourgeois property into public property, but this transformation must stop commodity production itself. Commodity production is this self-perpetuating character of capitalist production. Then it led to further elucidation of the metamorphosis of commodity production to the production of human needs. Another idea is the double negation of the communist revolution. Communism must not only negate the bourgeois class but the proletariat herself. Marx only emphasized the dissolution of the bourgeoisie but failed to relate this dissolution to the proletariat’s self-negation. Absolutely, the significant reduction of working hours is fundamental for communism. This reduction must result from the conscious expansion of the workers' free time. Expanding free time is at the same time reducing time for production. Essentially, this is the process of the self-negation of the proletariat. I also tried to put forward an idea that directly links reform and revolution. They are directly linked with each other because both are communistic. A communist campaign for higher wages is directly involved with the communist expansion of political power. Communist reform becomes revolutionary. Concomitantly, the notion of revolution also changes. The communist revolution, instead of it being a sudden, external, and most often violent event, becomes an internal transformative process and possibly less violent. I concluded by transforming the concepts I think Marx missed into political possibilities. That is why I expounded on the immediate aims Marx and Engels enumerated in the Communist Manifesto and tried to claim the probability of the impossible in the communist struggle for political power and Man’s eventual freedom. -/- Marx's description of factory work creates no illusion about the status of freedom in capitalism. In Capital, he said that “factory work... confiscates every atom of freedom, both bodily and in intellectual activity.” And I think Marx made clear that the only way to freedom is ultimately to destroy capitalism. These words of his in Capital will cast no doubt, “the knell of capitalist private property sounds. The expropriators are expropriated.” And to signify who are those experiencing this unfreedom, Marx and Engels summon the subject of the revolution in their famous lines in the Communist Manifesto and urge them to fight, “the proletarians have nothing to lose but their chains. They have a world to win.” Today is the time for philosophy because it is the age of declining freedom. But the prevailing capitalist structure is necessitating this unfreedom. And for philosophy to become what it is, communism should become philosophy. (shrink)

The illiberals uphold democracy as a political form devoid of liberal values. The “illiberal democracy” repositions liberalism in the past, and by doing so it also frequently uses a language indistinguishable from that of the left critique of “global neoliberalism.” European leaders of this stripe were staunch supporters of Donald Trump. One of their intellectual figureheads is the French philosopher and journalist, often identified as fascist, Alain de Benoist, who, in his latest book, _Contre le libéralisme_, mobilizes Marx next to (...) the likes of Julius Evola and Alexandr Dugin in virtue of a takedown of global (neo)liberalism. It is never an easy task to paint this entire picture, in its rich complexity, to my leftwing North American friends and colleagues because they too have long despised “liberalism,” a supposed ethos rather than a political doctrine itself. Certainly, liberal political theories have been subject to their critique as well; however, in such discussions too, I have noticed, the target is essentially the presumed ethos rather than the argument of liberalism. The ethos is habitually identified in rhetorical tropes that betray a bourgeois reason – spontaneously equated with liberal – whereas the “academic discussion” comes down to some references to the famous critiques from the 1990s of Kant’s autonomous reason and also to economic reductionism. I am speaking of personal exchanges here and cannot quote, but I mention them to illustrate conversations that might be familiar to the reader as well. (shrink)

This essay is my extended review of Eamonn Butler’s outstanding primer, Classical Liberalism. In his book, Butler notes that the phrase “classical liberal” encompasses a wide spectrum of views, from conservatism to libertarianism. Butler lays out 10 principles that characterize classical liberalism, sketches its history, and discusses the value classical liberals place on freedom and toleration. He also examines the classical liberal views of politics, government, and society, and some useful compendia for the reader.

Capitalism: The Birth of an Idea. Amongst the Enlightenment’s emancipatory slogans was a call for the liberation of economic energy, a call that was most fully expressed by Adam Smith in Inquiry into the Nature and Causes of the Wealth of Nations. Smith provided a final analysis of the mercantilist system that had been prevailing from the beginning of the sixteenth century. By justifying the superiority of the free market economy models, Smith created the intellectual foundations for the capitalist (...) order. He proposed a model for the production and distribution of goods that was based on two pillars: the right to private property and free market institutions. The vision of capitalism created by Smith was a system of power and freedom: a system of individual sovereignty over the world of objects and a system of the free circulation of goods. The combination of these two principles resulted in a coherent system which, when used in practice, has shown remarkable efficiency. Smith’s work proved to be a reliable way to achieve worldly success, one that has worked wherever it was tried out. Capitalism, and the accompanying moral philosophy, was the most commonly pursued idea of the eighteenth century. (shrink)

I develop a socialist republican conception of economic liberty and show how it can be used to understand the domination of workers. It holds that both paid and unpaid workers can be deprived of economic freedom when they are exposed to an arbitrary power to undermine their access to the economic capabilities needed for civic equality. Measures intended to reduce domination are recommended, including public ownership of productive property, workplace democracy, and robust unconditional basic income and services. (...) Finally, I discuss the implications of this approach for platform capitalism, digital surveillance, the rise of automation, and post-work politics. (shrink)

Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s (...) will by threatening to inflict harm, in the absence of general rules of conduct. According to the logic of the argument, welfare-state provisions are not coercive insofar as they do not allow the identification and discriminatory treatment of individuals. By contrast, we claim that a structure of coercion is likely to emerge from the command-and-control nature of protectionist institutions and immigration restrictions currently advocated by the radical right. (shrink)

Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way (...) to render absolute power illegitimate and to create an order that breeds citizens, not subject. In this, the article claims, Locke is a Whig rather than a continental liberal. He worries about state omnipotence and the threat it poses for citizens. Though resorting to an abstract construct—state of nature—he still is a common sense, English thinker, far from a continental reformer who would thoroughly redesign the existing order. (shrink)

If pursued with serious intent, Pre-distribution has the capacity to create an exciting and radical new agenda for social democracy. But the politics of Pre-distribution cannot be innocuous or uncontroversial. -/- In its more radical forms, predistribution is a potentially radical and inspiring project for social democrats who have come to see the limitations of the old ways of doing things. It’s a project that promises a strategy to deliver abundantly on values of social justice, economic freedom, and equality (...) of opportunity. But it’s a project that involves going head-to-head with entrenched interests, breaking up existing concentrations of wealth and economic power. The politics of Pre-distribution, if taken seriously, simply cannot be a politics without enemies. Labour must decide whether its engagement with pre-distribution is to be limited to tinkering at the edges of neoliberalism, or whether it will instead fully embrace the opportunities of the present moment, decide to be radical, and realise the full promise of the politics of predistribution. -/- . (shrink)

This essay is my review of Colleen Dyble’s book, Taming Leviathan: Waging a War of Ideas around the World. Dyble is affiliated with the legendary classical liberal British think tank, the Institute of Economic Affairs. Her anthology is a collection of essays by people around the world who have been involved with similar free-market think tanks in countries with historically statist economic systems. These writers include Greg Lindsay, founder of the Center for Independent Studies in Australia; Margaret Tse, (...) of the Instituto Liberdade in Brazil; Michael Walker, co-founder of the Fraser Institute in Canada; Cristian Larroulet, of Libertad y Desarrollo in Chile; Giancarlo Ibarguen, of the Center for Economic and Social Studies in Guatemala (which actually founded a free-market-oriented university); Parth Shah, founder of the Center for Civil Society in India; Daniel Doron, co-founder of the Israeli Center for Social and Economic Progress; Alberto Mingardi, of the Instituto Bruno Leoni in Italy; Masaru Uchigama, founder of the Japanese for Tax Reform; Elena Leontjeva, co-founder of the Lithuanian Free Market Institute; Alexander Magno, co-founder of the Foundation for Economic Freedom in the Philippines; and last, Leon Louw, of the Free Market Foundation of South Africa. I then discuss seven important reasons why classical liberal think tanks are so important in modern societies. (shrink)

"Happiness research" studies the correlates of subjective well-being, generally through survey methods. A number of psychologists and social scientists have drawn upon this work recently to argue that the American model of relatively limited government and a dynamic market economy corrodes happiness, whereas Western European and Scandinavian-style social democracies promote it. This paper argues that happiness research in fact poses no threat to the relatively libertarian ideals embodied in the U.S. socioeconomic system. Happiness research is seriously hampered by confusion and (...) disagreement about the definition of its subject as well as the limitations inherent in current measurement techniques. In its present state happiness research cannot be relied on as an authoritative source for empirical information about happiness, which, in any case, is not a simple empirical phenomenon but a cultural and historical moving target. Yet, even if we accept the data of happiness research at face value, few of the alleged redistributive policy implications actually follow from the evidence. The data show that neither higher rates of government redistribution nor lower levels of income inequality make us happier, whereas high levels of economic freedom and high average incomes are among the strongest correlates of subjective well-being. Even if we table the damning charges of questionable science and bad moral philosophy, the American model still comes off a glowing success in terms of happiness. (shrink)

A discussion of the economic work of Genovesi, the first professor of political economy in Europe. Genovesi supports a physiocratic theory of value as the net produce of agricultural work; a theory of interest as the motive of human action, intermediate between the extreme poles of excessive self-love and benevolence; a doctrine of innate rights as a limit to the sovereign's action; a commercial policy that limits dependence on foreign countries. He also took a position in the eighteenth-century debate (...) on "luxury", taking a firm stance in favour of moderate luxury, considered not vice but virtue as the right means between excessive parsimony and prodigality. He also discusses the function of the classes not dedicated to "mechanical arts" and not producing "rents" but nevertheless useful to society (Adam Smith's "unproductive" workers) in which he includes the proprietary classes which he defends against Rousseau's radical criticism, limiting himself to advocating the abolition of inalienable properties. Finally, he advocates population growth as a way to increase public happiness, the development of agriculture, the freedom of grain trade and the interest rate. (shrink)

Amartya Sen’s remarkable endeavour to realize the normative capability of welfare economics goes beyond the impecunious resultants of the neoclassical welfare economy. The neoclassical welfare economy decoratively bracketed values to speculate about factual observations. This was due to the influence of logical positivists and their convictions about experimental scientific statements (primarily mathematical) and their vicinity to empirical truths and analytic statements. Sen adequately inquires “whether morality can be expressed in the form of choice between preference patterns rather than between actions” (...) (Sen, 1997a, 78). “A new phase classical theory” in economics from the hands of Sen and some others put forth two pivotal issues in a unified manner: a. Mathematical models of an economy. b. Ethical reflection on the subject of welfare economy–a value-laden enterprise in Sen’s literature. -/- In general, welfarists and utilitarians affirm that moral values are anchored in individual agency and involve mental metric utilities (pleasure, happiness, pain etc.). This focus, first of all, results in a disadvantage, as it undermines freedom in terms of achievement. Secondly, it pays no heed to achievement reasonably giving more importance to those who are incapable of reflecting on any one of those mental metrics. Besides, Sen argues that equality of opportunity does not accord with the equality of freedom, and its reason is rooted in the scope of the incongruity of human beings and the diversified meanings of efficiency. Developing a general methodological approach to revisit the notion of inequality concerned by exploring a particular substantive stand that Sen aims to underscore involves examining how social arrangements work to define freedom, capabilities, and welfare to ensure comparisons and assessments of quality of life. (shrink)

Population obesity and associated morbidities pose significant public health and economic burdens in the United Kingdom, United States, and globally. As a response, public health initiatives often seek to change individuals’ unhealthy behavior, with the dual aims of improving their health and conserving health care resources. One such initiative—taxes on sugar‐sweetened beverages (SSB)—has sparked considerable ethical debate. Prominent in the debate are arguments seeking to demonstrate the supposed impermissibility of SSB taxes and similar policies on the grounds that they (...) interfere with individuals’ freedom and autonomy. Commentators have often assumed that a policy intended to restrict or change private individuals’ consumption behavior will necessarily curtail freedom and, as a corollary, will undermine individuals’ autonomy with respect to their consumption choices. Yet this assumption involves a conceptual mistake. To address the misunderstanding, it’s necessary to attend to the differences between negative liberty, freedom of options, and autonomy. Ultimately, concerns about negative liberty, freedom, and autonomy do not provide strong grounds for opposing SSB taxes. (shrink)

I reconstruct a few themes of the early twentieth-century discussion that headed to the claim of a value-free character of economic theory and of the subsequent discussion that headed to a resumption of a rich discussion of economic ethics and of applied ethics with regard to economic practices. I examine the discussion on value-freedom from classical political economy to Robbins, the role played by utilitarianism in economic theory and the puzzles connected to the idea of utility (...) and several recent discussions on social choice, welfare, and collective choice. I end by discussing a few good reasons for the revival of business ethics. (shrink)

This article presents an axiological reading of Simone de Beauvoir’s The Second Sex, reframing its most famous sentence ‘one is not born, but becomes, a woman’ as a claim about femininity, love, and alienation under particular conditions of sexual hierarchy. Because this sentence is often taken to express the thesis of The Second Sex on social constructionist readings, Section 1 rejects the aptness of this approach on three grounds. Section 2 outlines an alternative, axiological reading, which better attends to all (...) of the work’s parts, and to Beauvoir’s emphasis on the concrete inseparability of the physiological, sexual, economic, legal, religious, moral, and aesthetic dimensions of women’s situations. Section 3 turns to the sister ‘one is not born’ clause, in Volume I—‘one is not born, but becomes, a genius’—to show that Beauvoir’s account of frustrated freedom in The Second Sex concerns not only alienated labour, sex, and love, but also aesthetic creativity and moral invention. (shrink)

This article critiques the account of the invisible hand theory that individual actions bring about macro-level social benefits. The standard account of the invisible hand theory asserts that individual actions, motivated mostly by self-interest, advance the common good inadvertently and unknowingly. The invisible hand theory provides explanation how social reality, such as emergence of language, social morality and culture, evolve through individual actions. The account of the invisible hand embedded in self-interest is generally attributed to Adam Smith. Adam Smith’s account (...) of the invisible hand is centred on self-interest and freedom. In the invisible hand theory, freedom unfetters individual actions based on self-interests and promotes a kind of competition in an economic sense, which is known as capitalism. Certainly, the account of the invisible hand theory, which is based on only self-interest is un-Smithian. I argue that although the invisible hand theory provides an adequate explanation for the evolution of language, morality, culture, and market, it promotes an unbridled capitalism, which, in an economic sense, may cause malign consequences. In qualitative research methodology, I adopt the empirically informed philosophical analysis method to documentary resources, including journal papers, academic books, and proceedings of conferences and congresses. (shrink)

This essay from 1999, republished in Notre Dame Magazine online in July 2023, explores how the 1950s were a time of fundamental transformations in American society, a time when the United States went fully megatechnic. The hugely increased power of military, corporate-industrial and “big science” institutions developed during the 1950s signaled the transformation to megatechnic America, with atomic bombs and nuclear testing, automobiles and televisions as key symbols of that transformation. Figures such as J. Robert Oppenheimer and Edward Teller illustrated (...) the battle between national security dictates controlling nuclear bomb testing and responsible science. -/- Since the Second World War the United States has been problematically guided by a power-oriented culture, which, in the names of national security and convenience, has tended to reshape America toward an increasingly hierarchical model of society based on the system requirements of a machine. This same era gave birth to a generalized economic prosperity in the United States, to the civil rights movement, to feminism, literary and artistic innovations, and to other openings of public equality and freedom. Yet the magnification of bureaucratic-corporate structures in that postwar, cold war prosperity has ultimately tended to restructure America against the basic requirements of democratic community. (shrink)

Jon Stewart’s revisitation of Bakunin in Hegel’s Century offers an opportunity to reflect on contemporary libertarian expressions of individual freedom. The most alarming support of such freedom found its expression in revolts against COVID-19 public health measures. The goal of this paper is to reflect on Bakunin’s concept of freedom and revolt, in order to answer the question whether this form of rebellion is a rational expression of human freedom. I proceed by explaining Bakunin’s theory of freedom in community and (...) the concept of revolt. Then I move on to the critique of authority and science. In the concluding section, I present his critique of the State and point at the economic inequalities to show how they exacerbate the effects of COVID-19 pandemic. Lastly, I answer the question if revolt against pandemic measures can find justification in Bakunin’s premises. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)

The sixteenth century witnessed a major intellectual event: the birth of modernity. This book presents the School of Salamanca as the "first version of modernity", a modernity developed with a peculiarly Hispanic stamp. The Salamancans confronted the problems of a singular historical moment, in which Spain was playing a leading role in the encounter between Europe and America. The thinkers of Salamanca tackled crucial issues such as the right to property, economic ethics, freedom and slavery, the justice of war... (...) In the matrix of the Salamanca university, international law and the elements of reflection that would provide arguments for the abolition of slavery were born. This book brings together scholars from different geographical areas: several authors from Latin America, as well as from different European countries, sign their contributions. These diverse origins reflect the rich universality of the Hispanic project that had its heart in the reflections of the School of Salamanca. The diversity of topics addressed, ranging from the more practical questions of trade and the freedom of the American Indians to the subtleties of metaphysics or theology, is a good example of the richness of the issues addressed by those intellectuals who initiated modernity. (shrink)

This article challenges the prevailing notion of feminist freedom rooted in individual choice, influenced by neoliberal ideology. While choice is integral, it argues for a broader perspective acknowledging systemic inequalities shaping women's options. Highlighting the flawed promises of neoliberalism, it discusses how economic disparities and workplace discrimination hinder genuine choice. It advocates for policies promoting economic justice, workplace equality, and reproductive rights as essential for feminist freedom. Ultimately, it calls for collective action to dismantle barriers and create a (...) society where all women have the genuine power to shape their lives. (shrink)

This paper addresses the recent rise of the use of alternative medicine in Western countries. It offers a novel explanation of that phenomenon in terms of cognitive and economic factors related to the free-market and patient-centric approach to medicine that is currently in place in those countries, in contrast to some alternative explanations of this phenomenon. Moreover, the paper addresses this troubling trend in terms of the serious harms associated with the use of alternative medical modalities. The explanatory theory (...) defended here is then predicated on the idea that an extreme patient-centric model of medical practice that treats largely ignorant patients as consumers of medical products and services endowed with an essentially unrestricted power of freedom to choose treatments predictably leads serious and avoidable harms. Some important moral and epistemological consequences of this model are then articulated and corrective measures are suggested. (shrink)

The book presents an interdisciplinary exploration aimed at renewing interest in Luigi Einaudi’s search for “good government”, broadly understood as “good society”. Prompted by the Einaudian quest, the essays - exploring philosophy of law, economics, politics and epistemology - develop the issue of good government in several forms, including the relationship between public and private, public governance, the question of freedom and the complexity of the human in contemporary societies.