Edwards’s views on the nature of the human will demonstrate his unique ability to unite philosophical rigor and theological fervor. Edwards was a staunch defender of the Reformed doctrines of absolute divine sovereignty and meticulous providence, but he was also a proponent of the intellectual tools and methods of early modern philosophy (and of John Locke in particular). His ultimate statement of his doctrinal position, Freedom of the Will, is the masterful result of these dual commitments.

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 (...) class='Hi'>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)

This chapter offers an account of Crusius’ conception of freedom. In the first part of the chapter I sketch Crusius’ understanding of ‘Thelematology’ or ‘science of the will’ and his conception of the will itself. In the second part of the paper I provide an account of Crusius’ conception of freedom of the will and I focus on two topics: his understanding of freedom as self-determination and his conception of free choice. Contrary to how (...) some of the secondary literature portrays his view, I argue that freedom of the will, for Crusius, is not best described as the freedom to choose otherwise or liberty of indifference. On the contrary, Crusius argues that free choice is rarely indifferent to its choices and is most often strongly inclined towards certain ends that free choice must overcome and choose against. (shrink)

Kant’s theory of freedom, in particular his claim that natural determinism is compatible with absolute freedom, is widely regarded as puzzling and incoherent. In this paper I argue that what Kant means by ‘freedom’ has been widely misunderstood. Kant uses the definition of freedom found in the republican tradition of political theory, according to which freedom is opposed to dependence, slavery, and related notions – not to determinism or to coercion. Discussing Kant’s accounts of (...) class='Hi'>freedom of the will and freedom of the agent in turn, I argue that this insight sheds new light on Kant’s transcendental compatibilism and suggests novel responses to age-old objections. (shrink)

Philosophical accounts of freedom typically fail to capture an important kind of freedom—freedom to change what one cares about—that is central to our understanding of what it is to be a person. This paper articulates this kind of freedom more clearly, distinguishing it from freedom of action and freedom of the will, and gives an account of how it is possible. Central to this account is an understanding of the role of emotions in (...) determining what we value, thus motivating a rethinking of the importance of emotions in the mental lives of persons. (shrink)

In this article, Grace Andrus de Laguna develops a view of human freedom, one according to which it is made possible by the uniqueness of human individuals and the cultural worlds in which they live.

Kant holds that the applicability of the moral ‘ought’ depends on a kind of agent-causal freedom that is incompatible with the deterministic structure of phenomenal nature. I argue that Kant understands this determinism to threaten not just morality but the very possibility of our status as rational beings. Rational beings exemplify “cognitive control” in all of their actions, including not just rational willing and the formation of doxastic attitudes, but also more basic cognitive acts such as judging, conceptualizing, and (...) synthesizing. (shrink)

Debates about the concept of Free Will date back to ancient times. About 40 years ago Benjamin Libet designed an experiment showing that the conscious intention to move is preceded by a specific pattern of brain activation. His finding suggested that unconscious processes determine our decisions. Libet-style experiments have continued to dominate the debate about Free-Will, pushing some authors to argue that the existence of Free Will is a mere illusion. We believe that this dispute is because (...) we often measure free will using arbitrary human decisions rather than deliberate actions. After reviewing the definition of free will and the related literature we conclude that the scientific evidence does not disprove the existence of Free Will. However, our will encounters several constraints and limitations that should be considered when evaluating our deeds’ personal responsibility. (shrink)

Stoic philosophers had to face the accusation of incoherence, self-contradiction and Paradoxes since ancient times. Plutarch in his Moralia writes against them; Cicero devotes a separate work on stoic paradoxes. Even in contemporary Literature there are still discussions on the possibility of such an incoherence and existence of paradoxes in the stoic theory. At first glance, stoic Cosmology gives the impression to both accept a kind of Determinism, and at the same time it undoubtedly argues for the moral agent’s (...) class='Hi'>freedom of the Will. In pre-stoic or even other contemporary to Stoicism Philosophical Traditions, the definitions that these two terms/concepts are given, fairly accuse as incoherent any Theory that does not set them as “contraries”. Under these types of accusations, the stoic Cosmology and Theory of the Freedom of the Will is often to be included. This phenomenal self-contradiction inside the Principles of Stoicism becomes even more obvious in Epictetus, a philosopher of the Late Stoa. He is interested in practical ethics, thus the phenomenal contradiction gets more lucid. This would have augmented the criticism of the Stoic philosophy for incoherence, if Epictetus had not made his main philosophical aim/target : the clarification of how an agent’s Will can be Free inside a Universe ruled by Fate/Destiny ; namely, a Universe merely Determined by Nature’s/God’s Will. Epictetus’ originality appears in the way he interrelates the concept of Freedom of the Will with the concept of Destiny and Determinism, in order to accomplish their simultaneous co-existence. This approach guards him against being easily accused for incoherence and self-contradiction. Through the unique way he understands and defines the Moral Agency, which is the agent’s internal state/condition/disposition, he steers towards an integrated, accomplished, strong and coherent line of argument. This sturdy declaration is able to support the weight of the Consent to a Free Will, and thus a certain kind Freedom of the moral agent. The excellence of this line of argument is that it can bear also the burden of the Consent to the phenomenally contrary concept of Determinism and Destiny. The elements used to the construction of this argument, which is stretched throughout the whole epictetean corpus can be summarised to a few key concepts, which are: the things which are in our power and the things which are not in our power, the concept of Freedom. These concepts work towards his philosophical targeting, because of the special definition he gives them. Axiomatically Epictetus states that in order for man to be free, it is necessary to be liberated from what the body forces him to do. Desires, passions and beliefs are considered as elements which are external to the moral agent. The moral agent “shrinks” into the Will. Thus man has the capability to free himself from anything external to his Will and therefore to harmonise his own Will to the Will of Nature/God; namely, to will what Nature/God wills and thus never conflict to the external facts. Consequently, Epictetus’ solution, is to include in the category of τά οὐκ ἐφ' ἡμῖν anything that he defines as external to the prohairesis: the desires, beliefs, passions and in general anything the body entails, the external facts. Thus the prohairesis, remains unhindered and it is completely depended on man’s power ; as characteristically Epictetus writes, “not even Zeus himself can overpower” the prohairesis. -/- Dissertation for the MSc Ancient Philosophy (2008-2009) at The University of Edinburgh, supervised by Inna Kupreeva. (shrink)

How should addictive behavior be explained? In terms of neurobiological illness and compulsion, or as a choice made freely, even rationally, in the face of harmful social or psychological circumstances? Some of the disagreement between proponents of the prevailing medical models and choice models in the science of addiction centres on the notion of “loss of control” as a normative characterization of addiction. In this article I examine two of the standard interpretations of loss of control in addiction, one according (...) to which addicts have lost free will, the other according to which their will is weak. I argue that both interpretations are mistaken and propose therefore an alternative based on a dual-process approach. This alternative neither rules out a capacity in addicts to rationally choose to engage in drug-oriented behavior, nor the possibility that addictive behavior can be compulsive and depend upon harmful changes in their brains caused by the regular use of drugs. (shrink)

In Freedom Regained, Julian Baggini draws on a broad spectrum of disciplines to defend the notion that, yes, we do have free will. Baggini targets recent claims from scientists who argue that (neuro)science has supposedly proven there is no such thing as free will. Such arguments depend on mistaken conflations of the self, which is taken as the nexus for free will, with, for example, the brain, the conscious mind, or the rational mind. Such amalgams are (...) then taken to clash with a physically determined world. This opposition of freedom with determinism is the wrong way of framing the debate, according to Baggini. Instead, free will has to be understood as a plural concept, arising from a self which can endorse its own actions and which extends beyond the brain, the rational, and the conscious. These are the main ideas of Freedom Regained, which advocates a compatibilist and pluralistic concept of free will. (shrink)

Vardoulakis examines the history of the free will, arguing that there is no necessary connection with the concept of freedom. To illustrate this point, Vardoulakis turns to the stories of Franz Kafka, an author obsessed with narratives that show characters in confinement. However, these situations of confinement are only produced by the comical attempts of the characters to assert their free will.

My paper provides a preliminary work towards a theory of freedom and agency which I name "Theory of Procedural Agency (TPA)". Since TPA relies on intuitions which can not be settled into the metaphysical framework of contemporary approaches to freedom and agency, I focus on some reasons which explain why these intuitions should be preferred to the competing ones. My strategy is to argue for my view defending an embryonal version of TPA, that is Berkeley's considerations on free (...) will, agency and determinism. In the first section I deal with Berkeley's treatment of free will. My idea is that his arguments offer clear and evident reasons in support of the first intuition grounding a TPA like approach to freedom. In the second section I move some criticisms to Berkeley's theory of will, claiming that, in order to overcome these, the assumption of the constitution view concerning self-knowledge would help. In the third section I set forth a logical formulation for TPA, showing how Berkeley's consideration on agency provide grounding reasons for that. Finally, in the last section, I plan the work to be done to achieve a consistent and complete version of TPA. (shrink)

Anselm is known for offering a distinctive definition of freedom of choice as “the ability of preserving uprightness of will for its own sake.” When we turn to Anselm’s account of the devil’s fall in De Casu Diaboli, however, this idiosyncratic understanding of freedom is not at the forefront. In that text, Anselm seemingly assumes a traditional understanding of free will defined in terms of alternative possibilities for the angels. These alternative possibilities must be present so (...) the angels can engage in ‘self-determination.’ God, however, does not face alternative possibilities to achieve His self-determination. Anselm thus explicates his notion of free will in terms of three different concepts: his distinctive definition of free choice, self-determination, and the principle of alternative possibilities. Despite attempts (by both scholars and Anselm) to explain how these three concepts are related, I argue that their relationship is problematic. In particular, I argue that Anselm is guilty of conflating and equivocating with regard to these concepts. I further importantly claim that the conflation obscures the fact that his understanding of self-determination calls into question God’s excellence over that of the good angels. (shrink)

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

The mind-body problem is analyzed in a physicalist perspective. By combining the concepts of emergence and algorithmic information theory in a thought experiment employing a basic nonlinear process, it is argued that epistemically strongly emergent properties may develop in a physical system. A comparison with the significantly more complex neural network of the brain shows that also consciousness is epistemically emergent in a strong sense. Thus reductionist understanding of consciousness appears not possible; the mind-body problem does not have a reductionist (...) solution. The ontologically emergent character of consciousness is then identified from a combinatorial analysis relating to system limits set by quantum mechanics, implying that consciousness is fundamentally irreducible to low-level phenomena. In the perspective of a modified definition of free will, the character of the physical interactions of the brain's neural system is subsequently studied. As an ontologically open system, it is asserted that its future states are undeterminable in principle. We argue that this leads to freedom of the will. (shrink)

Ricoeur’s application of phenomenology to the existential human condition brings us to an understanding of human freedom in the light of an embodied human existence that is acting or willing or choosing freely, voluntarily, and responsibly. Human will is not therefore a concept or an abstract manipulated by the powers of the intellectuals. Rather, it is about man’s action, his agency, his being a doer, the one willing, instead of being just the one thinking or loving. Likewise, Ricoeur’s (...) recourse to existentialism sheds light to our faulted condition. We could say of a negation of man as a willing being: while man is capable of willing, he wills with recognition of his limitations. He always wills within the bounds of his finitude. Indeed, there is always this tension yet there is also this fusion. Nonetheless, it is possible for man to live in this contradiction as contradictions. Man is harmonic in contradictions. His will is always his ability, not his in- or dis-ability. (shrink)

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in (...) particular conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

In this paper I try to show the relationship between the concept of freedom and the concept of technique as developed by Günther Anders. I will argue that in Anders’ writings there is a specific conception of freedom. The underlying idea is that freedom represents a sort of pathology. Humans live as strangers in the world, lacking in an a priori endowment that, for this very reason, they have to realize. Man acts as a producer of (...) useful objects for his own survival, and in this sense, there is a freedom to use technical capacity. Man is free to use technology to live in the world and without technology man couldn’t survive. Thus, with his own hands man manipulates the world, the production of which is led by a series of steps from a lack to technology, from abstraction to realization. The use of technology, however, according to Anders, is dramatic because there is no freedom, except to be free to use technology. (shrink)

K.L. Reinhold advocates a theory of free will as the capacity to choose for or against the moral law. Reinhold’s theory has often been accused of being psychologistic due to its alleged appeal to empirical facts of consciousness. This paper argues that instead of merely positing free will as a fact of consciousness, Reinhold provides an argument for free will as a necessary condition for moral responsibility. This sheds new light on the development of the concept of (...) will in the wake of Kant’s practical philosophy. (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)

Following an Open conception of Divine Foreknowledge, that holds that man is endowed with genuine freedom and so the future is not definitely determined, it will be claimed that human freedom does not limit the divine power, but rather enhances it and presents us with a barrier against arbitrary use of that power. This reading will be implemented to reconcile a well-known quarrel between two important interpreters of Duns Scotus, Allan B. Wolter and Thomas Williams, each (...) of whom supports a different interpretation of the way God acts according to right reason. (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 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)

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)

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)

This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations and (...) other key organisations have put in place to ensure religious and belief freedoms are protected for every human being around the world. Compiled by Cometan, this dictionary follows on from the Concise Dictionary of Astronism (First Edition; 2020) and The Institutional Dictionary of Astronism (First Edition; 2021). (shrink)

The problems with grace and free will have prompted long-standing theological conflicts, chiefly revolving around certain disagreements over the nature of divine causality in respect to the free will's of creatures and His foreknowledge of free acts. Eleonore Stump offers a new interpretation of divine action on the will that holds God only acts by way of formal causality and that human cooperation with grace is only by way of "quiescence." I argue that this account lacks coherence (...) in certain important respects, especially in how human beings freely decide upon conversion - a process impossible on this model. I also argue that any model of divine causality cannot escape the dichotomy of holding a Molinist or a Banezian model of efficacious grace. In response, I offer a new interpretation of classical Thomist models of grace that preserves human freedom and divine sovereignty in grace. (shrink)

Sennett (1999) and Pawl & Timpe (2009; 2013) attempt to show how we can praise heavenly agents for things they inevitably do in heaven by appealing to the notion of derivative freedom. Matheson (2017) has criticized this use of derivative freedom. In this essay I show why Matheson's argument is inconclusive but also how the basic point may be strengthened to undermine the use Sennett and Pawl & Timpe make of derivative freedom. I then show why Matheson (...) is mistaken to claim that the value of free choice depends on an agent retaining the ability to change their mind; in so doing I demonstrate that some choices which result in fixed outcomes - a feature of the choices leading to impeccability - can indeed be valuable even if they cannot be undone. (shrink)

The so-called theory of karma is one of the distinguishing aspects of Hinduism and other non-Hindu south-Asian traditions. At the same time that the theory can be seen as closely connected with the freedom of will and action that we humans supposedly have, it has many times been said to be determinist and fatalist. The purpose of this paper is to analyze in some deepness the relations that are between the theory of karma on one side and determinism, (...) fatalism and free-will on the other side. In order to do that, I shall use what has been described as the best formal approach we have to indeterminism: branching time theory. More specifically, I shall introduce a branching time semantic framework in which, among other things, statements such as “state of affairs e is a karmic effect of agent a”, “a wills it to be the case that e” and “e is inevitable” could be properly represented. (shrink)

Animals who live in cities must coexist with us. They are, as a result, entitled to the conditions of their flourishing. This article argues that, as the boundaries of cities and urban areas expand, the boundaries of our conception of captivity should expand too. Urbanization can undermine animals’ freedoms, hence their ability to live good lives. I draw the implications of an account of “pervasive captivity” against the background of the Capabilities Approach. I construe captivity, including that of urban animals, (...) as affecting a range of animal capabilities, understood as freedoms, and I address some tensions within Nussbaum’s treatment of human-animal conflicts. Using the Capabilities Approach as a guide, I will attempt to motivate a convergence between habitat preservation in urbanized environments, urban design guided by justice, and the individual freedoms of animals. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available (...) to pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

One of the main libertarian arguments in support of free will is the argument from introspection. This argument places a great deal of faith in our conscious feeling of freedom and our introspective abilities. People often infer their own freedom from their introspective phenomenology of freedom. It is here argued that from the fact that I feel myself free, it does not necessarily follow that I am free. I maintain that it is our mistaken belief in (...) the transparency and infallibility of consciousness that gives the introspective argument whatever power it possesses. Once we see that consciousness is neither transparent nor infallible, the argument from introspection loses all of its force. I argue that since we do not have direct, infallible access to our own minds, to rely on introspection to infer our own freedom would be a mistake. (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)

In this chapter we deal with the challenge to the existence of free will and moral responsibility that is raised by the threat of determinism from a Wittgensteinian perspective. Our argument starts by briefly recapitulating Wittgenstein’s analysis of the practice of doubt in On Certainty. We subsequently turn to the problem of free will. We argue that the existence of free will is a basic certainty and that the thesis of determinism fails to cast doubt on it. (...) We thereby make use of – but also try to go beyond – Wittgenstein’s own remarks in his “Lectures on Freedom of the Will”. In the final section we focus more explicitly on moral responsibility. Inspired by P.F. Strawson’s work on free will and moral responsibility, which we take to be deeply Wittgensteinian, we argue that our practices of holding each other responsible manifest basic human certainties which cannot be meaningfully challenged by invoking the thesis of determinism. (shrink)

Throughout Iran and various countries, the recent calls of the “Zan, Zendegi, Azadi” (in Persian), “Jin, Jiyan, Azadi” (in Kurdish), or “Woman, Life, Freedom” (in English) movement call for change to acknowledge the importance of women. While these feminist protests and demonstrations have been met with brutality, systematic oppression, and internet blackouts within Iran, they have captured significant social media attention and coverage outside the country, especially among the Iranian diaspora and various international organizations. This article, grounded in feminist (...) urban theories of the Global South, analyzes the digital feminist placemaking movement in Iran. As the first counter‐revolution led by women, the movement utilizes digital art, graffiti, and protest movements to embody women’s solidarity groups and sympathy rallies. Our analysis employs various digital research methods, including social media scrutiny and the study of protest illustrations. Analyzing the digital feminist placemaking in Iran will enable us to compare the commonalities, differences, challenges, and opportunities between the minorities and majorities in the world’s countries. The outcomes of this research can help international organizations such as Amnesty International and the United Nations Agency for Gender Equality and Women’s Empowerment (UN Women), as well as policymakers, institutions, academics, and NGOs, to highlight the various ways in which broader public participation could be encouraged in the process of digital feminist insurgent placemaking. (shrink)

This paper considers a problem that arises for free will defenses when considering the nature of God's own will. If God is perfectly good and performs praiseworthy actions, but is unable to do evil, then why must humans have the ability to do evil in order to perform such actions? This problem has been addressed by Theodore Guleserian, but at the expense of denying God's essential goodness. I examine and critique his argument and provide a solution to the (...) initial problem that does not require abandoning God's essential goodness. (shrink)

Determinism seems to rule out a robust sense of options but also prevent our choices from being a matter of luck. In this way, free will seems to require both the truth and falsity of determinism. If the concept of free will is coherent, something must have gone wrong. I offer a diagnosis on which this puzzle is due at least in part to a tension already present in the very idea of free will. I provide various (...) lines of support for this hypothesis, including some experimental data gathered by probing the judgments of non-specialists. (shrink)

The uniqueness of each standpoint, each point of effect, can only be "overcome" by the standpoint changing to other standpoints and returning. In such alternation, which can also appear as constant change, lies the unity of the world. The wholeness of an alternation, however, is a structure of consciousness due to the special relationship between the circumscribing periphery and the infinitesimal center. This process structure unites determinacy and indeterminacy also totally in every place. Therefore, everywhere we are dealing with forms (...) of consciousness with more or less freedom of choice and an increasingly unknown depth. We live in a world of choosing consciousness, or rather awareness. In this respect, our environment expresses a deep truth about ourselves. (shrink)

As we know, there is a difference between a simple wish and the will of an individual. Not only a concrete action is required in order to alleviate the impact of various factors that inhibit the former before it becomes ‘will’, but also a deep level of human consciousness. It implies conscientious motivation, clear goals, etc. My paper introduces some of the elements instrumental in the leap from the wish to the human will. As the issue of (...) Free Will is central to the paper because when I say ‘human will’ I refer to ‘free will’, I need to mention that my perspective on this notion is pragmatic. I. e. I understand that even though any decision we make is conditioned by various factors, we do not think of this state of affair when we carry out our activities – at least not always. Because of that we feel free – free enough to be able to function according to social norms. (shrink)

If you start taking courses in contemporary cognitive science, you will soon encounter a particular picture of the human mind. This picture says that the mind is a lot like a computer. Specifically, the mind is made up of certain states and certain processes. These states and processes interact, in accordance with certain general rules, to generate specific behaviors. If you want to know how those states and processes got there in the first place, the only answer is that (...) they arose through the interaction of other states and processes, which arose from others... until, ultimately, the chain goes back to factors in our genes and our environment. Hence, one can explain human behavior just by positing a collection of mental states and psychological processes and discussing the ways in which these states and processes interact. This picture of the mind sometimes leaves people feeling deeply uncomfortable. They find themselves thinking something like: 'If the mind actually does work like that, it seems like we could never truly be morally responsible for anything we did. After all, we would never be free to choose any behavior other than the one we actually performed. Our behaviors would just follow inevitably from certain facts about the configuration of the states and processes within us.' Many philosophers think that this sort of discomfort is fundamentally confused or wrongheaded. They think that the confusion here can be cleared up just by saying something like: 'Wait! It doesn't make any sense to say that the interaction of these states and processes is preventing you from controlling your own life. The thing you are forgetting is that the interaction of these states and processes – this whole complex system described by cognitive science – is simply you. So when you learn that these states and processes control your behavior, all you are learning is that you are controlling your behavior. There is no reason at all to see these discoveries as a threat to your freedom or responsibility.'2 Philosophers may regard this argument as a powerful one, perhaps even irrefutable.. (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)

There are few who would deny that P. F. Strawson’s “Freedom and Resentment” (1962) ranks among the most significant contributions to modern moral philosophy. Although any number of essays have been devoted to it, Pamela Hieronymi’s 'Freedom, Resentment, and the Metaphysics of Morals' is the first book-length study. The aim of Hieronymi’s study is to show that Strawson’s “central argument” has been “underestimated and misunderstood.” Hieronymi interprets this argument in terms of what she describes as Strawson’s “social naturalism”. (...) Understood this way, Hieronymi maintains, “the argument is powerful”. In what follows I argue that while Hieronymi’s discussion is stimulating and provides valuable insights into “Freedom and Resentment,” neither the interpretation advanced nor the social naturalist position that it describes is convincing. (shrink)

In this paper, I demonstrate that Kant's commitment to an asymmetry between the control conditions for praise and blame is explained by his endorsement of the principle Ought Implies Can (OIC). I argue that Kant accepts only a relatively weak version of OIC and that he is hence committed only to a relatively weak requirement of alternate possibilities for moral blame. This suggests that whether we are transcendentally free is irrelevant to questions about moral permissibility and moral blameworthiness.

I argue that the traditional free will debate has focused too much on whether free will is compatible with determinism and not enough on whether free will is compatible with specific causal explanations for our actions, including those offered by empirical psychology. If free will is understood as a set of cognitive and volitional capacities, possessed and exercised to varying degrees, then psychology can inform us about the extent to which humans (as a species and as (...) individuals) possess those capacities and manage to exercise them across various situations. While recent work on the role of consciousness in action has been misinterpreted to suggest its role is illusory, recent work in social psychology presents a more viable challenge to our free will. The extent to which we can act on reasons we would accept or can know why we are doing what we do appears to be much less than we presume. Further work is necessary, of course, and it will need to involve both philosophical analysis and psychological investigation. Questions regarding the nature of human freedom and responsibility clearly require the conceptual resources of philosophy and the empirical resources of psychology. (This chapter was written in 2008 for the never published Oxford Handbook on Philosophy of Psychology.). (shrink)

The paper is about Kant’s moral psychology, a complex analysis and philosophical reflection on the tension of human will as arbitrium sensitivum in acting consistently as ratio essendi. It explores the tension of fallibility of the human will. In Kant’s notion of practical freedom he points to the dynamics of the will—Wille and Willkur—and how it creates tension between choice and culpability. This occurs specifically in the Willkur’s function as the arbiter. I explore the impact of (...) Willkur’s arbitration in self-determination, especially the important call of obedience to the Wille. I conclude with an emphasis on the challenge for Kantian will to operate towards unity which enables the agent to be authentically autonomous. (shrink)

This paper argues that influential Mahāyāna ethicists, such as Śāntideva, who allow for moral rules to be proscribed under the expediency of a compassionate aim, seriously compromise the very notion of moral responsibility. The central thesis is that moral responsibility is intelligible only in relation to conceptions of freedom and human dignity that reflect a participation in, and sharing of, interpersonal relationships. The central thesis of the paper is that revisionary strategies, which seek to explain agency in event-causal terms, (...) set the stage for moral epiphenomenalism. On the view I defend here, an effective compatibilist solution to the problem of reconciling freedom of the will and determinism depends on expanding, rather than eliminating, the complex register of factors that underpin the experiential aspects of our moral life. (shrink)

From Groundwork for the metaphysics of morals and Critique of practical reason, we can deduce Kant's interpretation of the concept of freedom, which has undergone a change from practical freedom to transcendental freedom, and the deduction of freedom has been perfected, the rational facts have been put forward to provide the basis of free deduction. The reason for the change is that freedom as the basis of theoretical practice is assumed and predetermined, how the cause (...) and effect of freedom as will may not be explained, and the nature of freedom is not defined clearly, the legitimacy and authority of the moral law is not established. After the transformation, the problem was solved. Although rigour raises questions about the universality of Kant’s moral law, Onora Sylvia O’Neill and others argue that Kant’s moral law is a product of virtue ethics, not a normative ethic, Kant's moral law still can instruct us in ethical life. (shrink)

This paper investigates one of the central questions in the ethics of migration: is migration a matter of freedom or justice? The former claims that it is a human right, whereas the latter defends a remedial right to immigrate as a way to meet the requirements of global distributive justice. These arguments seem to enter into an intractable contradiction. On the one hand, if freedom of movement is a human right, it should not be subordinated to the maximization (...) of justice. On the other hand, in a non-ideal world an open-borders policy would be of little help in the assignment of priorities, and its redistributive effects would be suboptimal. The solution, I will argue, lies in a package of global redistributive measures. More open borders now can bring us closer to justice, and only then would immigration make sense as a human right. (shrink)