According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the issue of conscientious objection implies that the conscientious objector should have an independent choice among alternative beliefs, positions or values. In this paper it is argued that: (a) it is not true that the typical conscientious objector has such a choice (...) when they decide to act upon their conscience and (b) it is not true that the typical conscientious objector exercises autonomy when developing or acquiring their conscience. Therefore, with regard to tolerating conscientious objection, we should apply the concept of autonomy with caution, as tolerating conscientious objection does not reflect respect for the conscientious objector’s right to choose but rather acknowledges their lack of real ability to choose their conscience and to refrain from acting upon their conscience. This has both normative and analytical implications for the treatment of conscientious objectors. (shrink)

Asymmetry theories about free will and moral responsibility are a recent development in the long history of the free will debate. To my knowledge, Kant commentators have not yet explored the possibility of an asymmetrical reconstruction of Kant's theory of freedom, and that will be my goal here. By "free will", I mean the sort of control we would need to be morally responsible for our actions. Kant's term for it is "transcendental freedom", and he refers to the (...) attribution of moral responsibility as "imputation". By "Kant's theory of freedom", I mean not only his theory of transcendental freedom and imputation, but also the various ways in which he draws on these ideas in his moral theory. (shrink)

This paper concerns the relationship between two questions. The first is a question about inner freedom: What is it to be rendered unfree, not by external obstacles, but by aspects of oneself? The second is a question about agency: What is it to fail at being a thing that genuinely acts, and instead to be a thing that is merely acted upon, passive in relation to its own behaviour? It is widely believed that answers to the first question must (...) rest on or be partly explained by answers to the second. Here I argue that this is a mistake: losses of inner freedom are not, after all, explicable in terms of failures of agency. To establish this conclusion, I consider three familiar lines of thought that appear to tie ideas about inner freedom to ideas about agency, each relating to a different conception of inner freedom: absence of inner constraint, self-government, and absence of determination by external forces. I argue that, in each case, any apparent conceptual reliance on a special conception of agency is merely illusory, the result being that we must allow clear water between our theories of inner freedom and our theories of agency. This conclusion is of significance for contemporary theories of agency and personal autonomy, as well as for ‘positive’ conceptions of political liberty. (shrink)

A common objection to moral enhancement is that it would undermine our moral freedom and that this is a bad thing because moral freedom is a great good. Michael Hauskeller has defended this view on a couple of occasions using an arresting thought experiment called the 'Little Alex' problem. In this paper, I reconstruct the argument Hauskeller derives from this thought experiment and subject it to critical scrutiny. I claim that the argument ultimately fails because (a) it assumes (...) that moral freedom is an intrinsic good when, in fact, it is more likely to be an axiological catalyst; and (b) there are reasons to think that moral enhancement does not undermine moral freedom. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that (...) justify the basic rights of citizens. (shrink)

The Buddha, unlike the Upaniṣadic or Brahmanical way, has avoided the concept of the self, and it seems to be left with limited conceptual possibilities for free will and moral responsibility. Now, the question is, if the self is crucial for free will, then how can free will be conceptualized in the Buddhist ‘no-self’ (anattā) doctrine. Nevertheless, the Buddha accepts a dynamic notion of cetanā (intention/volition), and it explicitly implies that he rejects the ultimate or absolute freedom of the (...) will, but not the minimal power of free will. It seems that the Buddha’s view shifts from agent causation (independent ownership) to a causal sequence of impersonal processes (psychophysical factors). This paper claims to shed clarity on ‘whether free will is viable in the context of the anattāvāda in Buddhism.’ It mainly studies the secondary sources (even though it has also discussed the primary sources) and their interpretations of freedom of the will and how it further does argue for a compatibility approach of free will in Buddhist thought. (shrink)

In this paper, I argue that Margaret Cavendish’s account of freedom, and the role of education in freedom, is better able to account for the specifics of women’s lives than are Thomas Hobbes’ accounts of these topics. The differences between the two is grounded in their differing conceptions of the metaphysics of human nature, though the full richness of Cavendish’s approach to women, their minds and their freedom can be appreciated only if we take account of her (...) plays, accepting them as philosophical texts alongside her more standard philosophical treatises. (shrink)

Medieval authors generally agreed that we have the freedom to choose among alternative possibilities. But most medieval authors also thought that there are situations in which one cannot do otherwise, not even will otherwise. They also thought when willing necessarily, the will remains free. The questions, then, are what grounds the necessity or contingency of the will’s acts, and – since freedom is not defined by the ability to choose – what belongs to the essential character of (...) class='Hi'>freedom, the ratio libertatis. This article studies medieval theories of freedom without choice from William of Auxerre to William of Ockham and their background in Augustine, Anselm of Canterbury, and Bernard of Clairvaux. (shrink)

According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to this a (...) number of phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (shrink)

It is commonly held that Kant ventured to derive morality from freedom in Groundwork III. It is also believed that he reversed this strategy in the second Critique, attempting to derive freedom from morality instead. In this paper, I set out to challenge these familiar assumptions: Kant’s argument in Groundwork III rests on a moral conception of the intelligible world, one that plays a similar role as the ‘fact of reason’ in the second Critique. Accordingly, I argue, there (...) is no reversal in the proof-structure of Kant’s two works. (shrink)

Kant’s account of the freedom gained through virtue builds on the Socratic tradition. On the Socratic view, when morality is our end, nothing can hinder us from attaining satisfaction: we are self-sufficient and free since moral goodness is (as Kant says) “created by us, hence is in our power.” But when our end is the fulfillment of sensible desires, our satisfaction requires luck as well as the cooperation of others. For Kant, this means that happiness requires that we get (...) other people to work for our ends; and this requires, in turn, that we gain control over the things other people value so as to have influence over them. If this plan for happiness is not subordinated to morality, then what is most valuable to us will be precisely what others value. This is the root of the “passions” that make us evil and make us slaves whose satisfaction depends on others. But, significantly, this dependence is a moral slavery and hence does not signal a loss, or even diminishment of the kind of freedom required for moral responsibility. (shrink)

In this paper I examine Axel Honneth’s normative reconstruction of the market as a sphere of social freedom in his 2014 book, Freedom’s Right. Honneth’s position is complex: on the one hand, he acknowledges that modern capitalist societies do not realise social freedom; on the other hand, he insists that the promise of social freedom is implicit in the market sphere. In fact, the latter explains why modern subjects have seen capitalism as legitimate. I will reconstruct (...) Honneth’s conception of social freedom and investigate how it is realised in the sphere in which Honneth sees it most successfully at work, the sphere of interpersonal relations. I then move on to the sphere of the market economy and discuss two related problems of this view that stem from his interpretation of Hegel. Next, I consider Honneth’s method of “normative reconstruction” and his reconstructions of the sphere of consumption and, finally, the labour market. My conclusion will be that market institutions cannot realise social freedom, and that this insight should orient the philosophical direction of critical social theory. (shrink)

A fundamental entity is an entity that is ‘ontologically independent’; it does not depend on anything else for its existence or essence. It seems to follow that a fundamental entity is ‘modally free’ in some sense. This assumption, that fundamentality entails modal freedom (or ‘FEMF’ as I shall label the thesis), is used in the service of other arguments in metaphysics. But as I will argue, the road from fundamentality to modal freedom is not so straightforward. The defender (...) of FEMF should provide positive reasons for believing it, especially in light of recent views that are incompatible with it. I examine both direct and indirect routes to FEMF. (shrink)

In this article I present an original interpretation of Roy Bhaskar’s project in Dialectic: The Pulse of Freedom. His major move is to separate an ontological dialectic from a critical dialectic, which in Hegel are laminated together. The ontological dialectic, which in Hegel is the self-unfolding of spirit, becomes a realist and relational philosophical anthropology. The critical dialectic, which in Hegel is confined to retracing the steps of spirit, now becomes an active force, dialectical critique, which interposes into the (...) ontological dialectic at the ‘fourth dimension’ of a naturalistically reconfigured account of relational human nature, agency. This account allows Bhaskar to explain and vindicate the crucial role social criticism must play in any realistic project of self-emancipation, and to create a space that didn’t exist in Hegel for an open-ended concrete utopianism. Freedom is thus the actualization of human nature, but is not automatic: the relation of human nature to freedom is mediated historically through dialectical critique, which, informed by concrete utopianism, can have emancipatory power. Content Type Journal Article Category Article Pages 13-44 Authors Craig Reeves, Brunel University Journal Journal of Critical Realism Online ISSN 1572-5138 Print ISSN 1476-7430 Journal Volume Volume 12 Journal Issue Volume 12, Number 1 / 2013. (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)

By far the most respected response by theists to the problem of evil is some version of the free will defense, which rests on the twin ideas that God could not create humans with free will without them committing evil acts, and that freedom is of such value that it is better that we have it than that we be perfect yet unfree. If we assume that the redeemed in heaven are impeccable, then the free will defense faces what (...) I call the Heaven Dilemma: either the redeemed in heaven are free, in which case it is false that you cannot be free without doing evil, or they are not, in which case (heaven being better than earth) it is false that we are better off with freedom and evil than without either. James Sennett has tried to defend a view of freedom that effectively allows us to be impeccable in heaven so long as we are not on earth, while claiming that we are free in both. I argue that this view leads to a new dilemma: either there is no point to earth at all, and given its miseries, it is wrong for God to make us pass through it to get to heaven (especially if we face the risk of ending up in hell), or Sennett’s view consigns millions who die tragically young to an eternity of unfreedom. (shrink)

In this paper I propose a framework to understand the transition in Foucault’s work from the disciplinary model to the governmentality model. Foucault’s work on power emerges within the general context of an expression of capitalist rationality and the nature of freedom and power within it. I argue that, thus understood, Foucault’s transition to the governmentality model can be seen simultaneously as a deepening recognition of what capitalism is and how it works, but also as a recognition of the (...) changing historical nature of the actually existing capitalisms and their specifically situated historical needs. I then argue that the disciplinary model should be understood as a contingent response to the demands of early capitalism, and argue that with the maturation of the capitalist enterprise many of those responses are no longer necessary. New realities require new responses; although this does not necessarily result in the abandonment of the earlier disciplinary model, it does require their reconfiguration according to the changed situation and the new imperatives following from it. (shrink)

Philip Kitcher argued that the freedom to pursue one's version of the good life is the main aim of Mill's argument for freedom of expression. According to Kitcher, in certain scientific fields, political and epistemological asymmetries bias research toward conclusions that threaten this most important freedom of underprivileged groups. Accordingly, Kitcher claimed that there are Millian grounds for limiting freedom of inquiry in these fields to protect the freedom of the underprivileged. -/- I explore Kitcher's (...) argument in light of the interpretation Helen Longino gave to Mill's argument. She argued that free critical dialogue in the community allows bias to be overcome, through intersubjective criticism of hypotheses and the background assumptions that frame them. I suggest that Longino's approach allows for the identification of the fundamental problems of the research programs Kitcher targeted, and for the rejection of their claims to knowledge. Thus it is possible to address Kitcher's problem without limiting freedom of speech. (shrink)

Argues that standard interpretations of Merleau-Ponty's criticisms of Sartrean freedom fail and presents an alternative interpretation that argues that the fundamental issue concerns their different theories of time.

Peter van Inwagen famously offers a version of the luck objection to libertarianism called the ‘Rollback Argument.’ It involves a thought experiment in which God repeatedly rolls time backward to provide an agent with many opportunities to act in the same circumstance. Because the agent has the kind of freedom that affords her alternative possibilities at the moment of choice, she performs different actions in some of these opportunities. The upshot is that whichever action she performs in the actual-sequence (...) is intuitively a matter of mere chance. I explore a new response to the Rollback Argument. If there are true counterfactuals of libertarian freedom, then the agent performs the same action each time she is placed in the same circumstance, because that is what she would freely do in that circumstance. This response appears to negate the chancy intuition. Ultimately, however, I argue that this new response is unsuccessful, because there is a variant of the Rollback Argument that presents the same basic challenge to the libertarian on the assumption that there are true counterfactuals of libertarian freedom. Thus, true counterfactuals of libertarian freedom do not provide the libertarian with a solution to the Rollback Argument. (shrink)

In this paper I argue that Adorno's metacritique of freedom in Negative Dialectics and related texts remains fruitful today. I begin with some background on Adorno's conception of ‘metacritique’ and on Kant's conception of freedom, as I understand it. Next, I discuss Adorno's analysis of the experiential content of Kantian freedom, according to which Kant has reified the particular social experience of the early modern bourgeoisie in his conception of unconditioned freedom. Adorno argues against this conception (...) of freedom and suggests that freedom is always conditioned by our embodiment and by our social and historical situation. Finally, I turn to Adorno's criticism of Kant's discussion of freedom and determinism in the Critique of Pure Reason and argue that while his philosophical argument against Kant fails, his metacritical argument remains suggestive. Scepticism about freedom arises when the standpoint of theoretical reason encroaches upon the standpoint of practical reason and assimilates persons to things. (shrink)

This article makes a case for the capacity of "social practice" accounts of agency and freedom to criticize, resist, and transform systemic forms of power and domination from within the context of religious and political practices and institutions. I first examine criticisms that Michel Foucault's analysis of systemic power results in normative aimlessness, and then I contrast that account with the description of agency and innovative practice that pragmatist philosopher Robert Brandom identifies as "expressive freedom." I argue that (...) Brandom can provide a normative trajectory for Foucault's diagnoses of power and domination, helping to resolve its apparent lack of ethical direction. I demonstrate that Foucault, in turn, presents Brandom with insights that might overcome the charges of abstraction and conservatism that his pragmatic inferentialism frequently encounters. The result is a vindication of social practice as an analytical lens for social criticism that is at once both immanent and radical. (shrink)

An existential interpretation of student angst in Chinese universities raises issues of autonomy and freedom. The governance arrangements in China create a conflict for Chinese students who in their coursework are urged to become critical-minded and open-minded. In this essay, Kant’s moral theory provides access to this phenomenon. His theory of duty–rationality–autonomy–freedom relates the liberty of thought to principled action. Kantian ideals still influence western business and university practice and they become relevant in China as that country modernises. (...) The abilities of graduates which officials say the country needs—insightfulness, creativity, innovation, progressiveness and commitment—are only achievable by professionals who are independent minded, rational and who commit to act on their own conclusions. Such people are Kant’s autonomous persons. Chinese students increasingly confront a conflicted educational environment. Universities require students to think, analyse and argue. An outcome of this deliberation is freedom, as construed by Kant as an ‘inner’construct. When students are unable to exercise Kantian freedom in matters which concern them they experience the angst of freedom. Students may carry a burden derived from bridles on information and authoritarian restrictions on dialogue. (shrink)

ABSTRACT: In contemporary discussions of freedom in Stoic philosophy we often encounter the following assumptions: (i) the Stoics discussed the problem of free will and determinis; (ii) since in Stoic philosophy freedom of the will is in the end just an illusion, the Stoics took the freedom of the sage as a substitute for it and as the only true freedom; (iii) in the c. 500 years of live Stoic philosophical debate, the Stoics were largely concerned (...) with the same philosophical problems of freedom. In this paper I argue that (i) can be upheld only in a very restricted way; (ii) is altogether untenable; and regarding (iii), that, although there may have occurred little change in the Stoic philosophical position on freedom over the centuries, we can detect more than one transformation of the philosophical problems that were at the forefront of the discussion. Moreover, that all the conceptions and problems of freedom were linked to Stoic ethics, and that the differences between them become transparent when one considers their various roles in this context. (shrink)

In "Existential Humanism and Moral Freedom in Simone de Beauvoir's Ethics" Tove Pettersen elucidates the close connection between Beauvoir’s ethics and humanism, and argues that her humanism is an existential humanism. Beauvoir’s concept of freedom is inspected, followed by a discussion of her reasons for making moral freedom the leading normative value, and her claim that we must act for humanity. In Beauvoir’s ethics, freedom is not reserved for the elite, but understood as everyone being “able (...) to surpass the given toward an open future.” By addressing the continuing friction between individual freedom and public interests, Beauvoir’s normative thinking remains highly relevant today. It also exemplifies the enduring importance of humanistic reflections and demonstrates how, through critical and creative thinking, the humanities can contribute to a free, well-functioning democratic society. (shrink)

Kant’s views on the relation between freedom and moral law seem to undergo a major, unannounced shift. In the third section of the Groundwork, Kant seems to be using the fact that we must act under the idea of freedom as a foundation for the moral law. However, in the Critique of Practical Reason, Kant claims that our awareness of our freedom depends on our awareness of the moral law. I argue that the apparent conflict between the (...) two texts depends on a reading of the opening paragraphs of Groundwork III, and on an interpretation of Kant’s claim that we “act under the idea of freedom”, that is implausible on textual and on philosophical grounds. I then present an alternative interpretation of what Kant means by “acting under the idea of freedom” and of the opening paragraphs of Groundwork III. I argue that the only substantive conclusion of these paragraphs is that no theoretical proof of freedom is necessary. Moreover I argue that although these paragraphs raise concerns about the validity of the moral law, these concerns and Kant’s answers to them, do not give rise to any significant conflict with his views in the Critique of Practical Reason. (shrink)

Public and research libraries have long provided resources in electronic formats, and the tension between providing electronic resources and patron privacy is widely recognized. But assessing trade-offs between privacy and access to electronic resources remains difficult. One reason is a conceptual problem regarding intellectual freedom. Traditionally, the LIS literature has plausibly understood privacy as a facet of intellectual freedom. However, while certain types of electronic resource use may diminish patron privacy, thereby diminishing intellectual freedom, the opportunities created (...) by such resources also appear liberty-enhancing. Adjudicating between privacy loss and enhanced opportunities on intellectual freedom grounds must therefore provide an account of intellectual freedom capable of addressing both privacy and opportunity. I will argue that intellectual freedom is a form of positive freedom, where a person’s freedom is a function of the quality of her agency. Using this view as the lodestar, I articulate several principles for assessing adoption of electronic resources and privacy protections. (shrink)

This is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on licenses, (...) and to our account of the four facets of intellectual freedom. We find important conflicts with each. (shrink)

Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships (...) with animals. Drawing on recent work on the value of freedom, it will be argued that freedom is non-specifically instrumentally valuable. Accordingly, freedom is a means to other goods, but often it is not possible to identify those goods in advance or aim for them directly. Some of the reasons that make freedom non-specifically valuable for human relationships, it will be argued, also apply to relationships between humans and animals. Amongst other implications, it will be shown how this argument provides a response to those who fear that stricter animal protection policies might undermine people’s freedom: A concern for freedom actually requires stricter protection policies rather than speak against them. (shrink)

I argue for a possible Buddhist theory of free will that combines Frankfurt's hierarchical analysis of meta-volitional/volitional accord with elements of the Buddhist eightfold path that prescribe that Buddhist aspirants cultivate meta-volitional wills that promote the mental freedom that culminates in enlightenment, as well as a causal/functional analysis of how Buddhist meditative methodology not only plausibly makes that possible, but in ways that may be applied to undermine Galen Strawson's impossibility argument, along with most of the other major arguments (...) for free will skepticism. (shrink)

ABSTRACT: A general interpretation and close textual analysis of Kant’s theory of the categories of freedom (or categories of practical reason) in his Critique of Practical Reason. My main concerns in the paper are the following: (1) I show that Kant’s categories of freedom have primarily three functions: as conditions of the possibility for actions (i) to be free, (ii) to be comprehensible as free and (iii) to be morally evaluated. (2) I show that for Kant actions, although (...) qua theoretical objects they are always already constituted by means of the theoretical categories, qua practical objects (objects of reason in its practical use, i.e. objects qua possibly good or bad) they are constituted by means of the categories of freedom; and that it is only in this way that actions, qua phenomena, can be a consequence of freedom, and can be understood and evaluated as such. (3) Since Kant's presentation of his theory of the Categories of Freedom is extremely brief, Kant's parallel theory of the theoretical categories in his Critique of Pure Reason is used as a guide for the interpretation of the practical categories and their systematic relevance. (Translation by Alex Worsnip, reviewed and approved by the author.). (shrink)

In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...) of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (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)

Nietzsche writes a great deal about freedom throughout his work, but never more explicitly than in Twiling of the Idols, a book he described as 'my philosophy in a nutshell'. This paper offers an analysis of Nietzsche's conception freedom and the role it plays within Twilight.

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought (...) to be undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...) also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

This paper provides an account of Kant's categories of freedom, explaining how they fit together and what role they are supposed to play. My interpretation places particular emphasis on the structural features that the table of the categories of freedom shares with the table of judgements and the table of categories laid out by Kant in the Critique of Pure Reason. In this way we can identify two interpretative constraints, namely (i) that the categories falling under each heading (...) must form a synthetic unity whereby the third one derives from the combination of the other two. and (ii) that the first two categories falling under each heading must be morally undetermined and sensibly conditioned, while the third category is sensibly unconditioned and determined only by the moral law. (shrink)

This essay explores the features in virtue of which games are valuable or worthwhile to play. The difficulty view of games holds that the goodness of games lies in their difficulty: by making activities more complex or making them require greater effort, they structure easier activities into more difficult, therefore more worthwhile, activities. I argue that a further source of the value of games is that they provide players with an experience of freedom, which they provide both as paradigmatically (...) unnecessary activities and by offering opportunities for relatively unconstrained choice inside the ‘lusory’ world that players inhabit. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of (...) the discrepancies that arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

Two competing models of metaaxiological justification of politics are analyzed. Politics is understood broadly, as actions which aim at organizing social life. I will be, first of all, interested in law making activities. When I talk about metaaxiological justification I think not so much about determinations of what is good, but about determinations refering to the way the good is founded, in short: determinations which answer the question why something is good. In the first model, which is described here as (...) objectivistic, it is assumed that determining that which is good is a matter of cognition; in the second model, which could be described here as voluntaristic or excedingly liberal, it is assumed that determining good is not a matter of cognition but of will – something is good because it is wanted. In the latter model, the cognoscibility of good is rejected and therefore the objective criteria for evaluation of which ‘will’ is better and which is worse are rejected. As a consequence, negative freedom becomes the fundamental value of social order and the basic requirement is that of maximizing the sphere of individual’s free actions, the sphere which is free from interference of other individuals or institutions. I am going to argue that none of these models is acceptable as a basis of oragnizing social life, and at least because of one reason. Each of them leads to a certain version of totalitarianism. In the conclusion I am going to present a mixed model, which, in my opinion, reflexes well the practice of democratic states. Analysis of these three models allows, first of all, to identify more clearly some of the problems appearing in making law, including procedural questions. By pointing at the interdependence of the foundations of good and law making procedures it is argued that the choice of the concept of good (a metaaxiological choice) is primary to the choice of law making procedures. (shrink)

This study compares Philip Pettit’s account of freedom to Hegelian accounts. Both share the key insight that characterizes the tradition of republicanism from the Ancients to Rousseau: to be subordinated to the will of particular others is to be unfree. They both also hold that relations to others, relations of recognition, are in various ways directly constitutive of freedom, and in different ways enabling conditions of freedom. The republican ideal of non-domination can thus be fruitfully understood in (...) light of the Hegelian structure of ‘being at one with oneself (Beisichsein) in another’. However, while the Hegelian view converges with Pettit on non-domination and recognition, their comprehensive theories of freedom are based on radically different metaphysics. One key difference concerns the relationship between freedom and nature, and there is a further difference between Pettit’s (ahistorical) idea of the concept dependence of freedom, and the Hegelian (historical) idea of the conception dependence of freedom. -/- Keywords: Pettit; Hegel; freedom; non-domination; mutual recognition; republicanism; ‘being at one with oneself’; social freedom. (shrink)

Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as (...) non-interference unifies these concerns in a way that does justice to neither. In particular, it focuses our attention on phenomena that are at best tangential, and at worst hostile, to our interest in respect. If we wish to preserve the distinctive significance of the interpersonal, we would be better served by a conception of freedom that focuses immediately on what I call "the social conditions of respect.". (shrink)

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to (...) heart that the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

This paper proposes a new reading of the interaction between subjectivity, reflection and freedom within Foucault’s later work. I begin by introducing three approaches to subjectivity, locating these in relation both to Foucault’s texts and to the recent literature. I suggest that Foucault himself operates within what I call the ‘entanglement approach’, and, as such, he faces a potentially serious challenge, a challenge forcefully articulated by Han. Using Kant’s treatment of reflection as a point of comparison, I argue that (...) Foucault possesses the resources to meet this challenge. The key, I contend, is to distinguish two related theses about reflection and freedom: Foucault’s position is distinctive precisely because he accepts one of these theses whilst rejecting the other. I conclude by indicating how this reading might connect to the longstanding question of Foucault’s own right to appeal to normative standards. (shrink)

What does truth have to do with freedom? That is, what is the relationship between our political and epistemic principles? In this paper, I grapple and reject Rorty's reasons for thinking that the former can't be based on the latter, but offer an alternative argument that supports his over-all conclusion that our epistemic and political values are ultimately intertwined.

Four different notions of freedom can be distinguished in Kant's philosophy: logical freedom, practical freedom, transcendental freedom and freedom of choice ("Willkür"). The most important of these is transcendental freedom. Kant's argument for its existence depend on the claim that, necessarily, the categorical imperative is the highest principle of reason. My paper examines how this claim can be made plausible.

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.

After being largely unknown to non-siniphone philosophers, Li Zehou's ideas are gradually being translated into English, but very little has been done on his aesthetics, which he says is the key to his oeuvre. In the first of three sections of this paper, I briefly introduce the reader to Kant's aesthetics through Li's eyes, in which he develops an implicit notion of aesthetic freedom as political vehicle through the notions of subjectivity, universalization, and the unity of the cognitive faculties. (...) In the second section, I introduce Marx's notions of 'human nature as practice' and 'freedom as practice', as outlined in his early manuscripts. I conclude that Marx's politics take free practice as the highest expression of humanity, which is finally, ideally, self-legislating. In the final section, I present Li's interpretation of Marx as a remedy for Kant, introducing some of Li's specialized vocabulary and demonstrating his final synthesis of Kant and Marx in a notion of aesthetic freedom that presupposes political freedom. (shrink)

This article explores the later Schleiermacher’s metaphysics of substance and what it entails concerning the question of transcendental freedom. I show that in espousing a metaphysics of substance, Schleiermacher also abandoned an understanding of nature as a mere mechanism, a view implying what I call a “state-state view of causation” (“SSV” for short). Adoption of the view of the self as substance was motivated by the primacy of practical and religious concerns in Schleiermacher’s later work: in Christian Faith, an (...) analysis of self-consciousness from a first person point of view grounds this understanding of the self. In fact, in Christian Faith, ontology, and thereby theology, is only possible through such a first person analysis. The development of Schleiermacher’s views over time, and the reasons accompanying this development, can be fully understood only the in the context of his engagement with the work of Spinoza, Leibniz, and Kant. In what follows I trace this development through an analysis of the philosophical problems and influences shaping Schleiermacher’s mature view, and shed light on his understanding of self-consciousness and its relation to God. My own account should also serve to correct some recent misunderstandings that have made their way into the secondary literature. (shrink)

NOTE: The English translation is listed separately. ABSTRACT: A general interpretation and close textual analysis of Kant’s theory of the categories of freedom (or categories of practical reason) in his Critique of Practical Reason. My main concerns in the paper are the following: (1) I show that Kant’s categories of freedom have primarily three functions: as conditions of the possibility for actions (i) to be free, (ii) to be comprehensible as free and (iii) to be morally evaluated. (2) (...) I show that for Kant actions, although qua theoretical objects they are always already constituted by means of the theoretical categories, qua practical objects (objects of reason in its practical use, i.e. objects qua possibly good or bad) they are constituted by means of the categories of freedom; and that it is only in this way that actions, qua phenomena, can be a consequence of freedom, and can be understood and evaluated as such. (3) Since Kant's presentation of his theory of the Categories of Freedom is extremely brief, Kant's parallel theory of the theoretical categories in his Critique of Pure Reason is used as a guide for the interpretation of the practical categories and their systematic relevance. (shrink)