In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually (...) compatible and that Narveson is right that right to negative liberty does not conceptually require a right to welfare. (shrink)

This paper argues that there are two irreducibly distinct negative concepts of liberty: freedom as non-prevention, and freedom as non-coercion. Contemporary proponents of the negative view, such as Matthew Kramer and Ian Carter, have sought to develop the Hobbesian idea that freedom is essentially a matter of physical non-prevention. Accordingly, they have sought to reduce the freedom-diminishing effect of coercion to that of prevention by arguing that coercive threats function to diminish freedom by preventing people from performing (...) certain combinations of actions. Against this, this paper argues that coercion diminishes people’s freedom in ways that cannot be fully captured in terms of prevention. Focusing on two types of case, those involving coercive threats and those involving coercive preference manipulation, it argues that non-coercion and physical non-prevention are importantly different goods. It concludes that a complete negative account of liberty must draw not only on the (Hobbesian) ‘non-prevention’ strand of the negative tradition but also on its (Hayekian) ‘non-coercion’ strand. (shrink)

Isaiah Berlin made the distinction between negative liberty and positive liberty. Since then, prominent contemporary philosophers including Charles Taylor and Martha Nussbaum have declared negative liberty insufficient or incoherent. This is a critique of those declarations, which have been unduly accepted to a large extent. The critique primarily focuses on Taylor, who made the most direct and complete argument against negative liberty. His argument is shown to be ineffective. And further, his conception of (...) positive liberty is shown to be incoherent. (shrink)

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

ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern (...) class='Hi'>liberty. Boxed into their irreconcilably opposed alternatives, both binary perspectives fail to appreciate that Constant's conception of modern liberty is a complex achievement irreducible without loss to either liberal negative liberty as non-interference or republican freedom as non-domination. Nor does combining liberal negative freedom and positive freedom (in the sense of ancient liberty), as Holmes well establishes, adequately tells the whole story of Constant's modern liberty. As a complex achievement, Constant's conception of modern liberty, I shall argue, blends negative freedom as associated with neo-Roman republican freedom as non-subjection to arbitrary power, negative freedom as non-interference, associated with the liberal tradition, positive freedom in the sense of inner self-development, and positive freedom as collective self-government or civic republican freedom. (shrink)

Our modern ideals about liberty were forged in the great political and philosophical debates of the 17th and 18th centuries, but we seldom hear about women's contributions to those debates. This paper examines the ideas of early modern English women – namely Margaret Cavendish, Mary Astell, Mary Overton, ‘Eugenia’, Sarah Chapone and the civil war women petitioners – with respect to the classic political concepts of negative, positive and republican liberty. The author suggests that these writers' woman-centred (...) concerns provide a unique historical perspective on these much-discussed ideals of freedom from external interference, freedom as self-determination and freedom from domination. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing (...) class='Hi'>liberty does not contribute towards their subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

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

What is liberty, and can it be measured? In this paper I argue that the only way to have a liberty metric is to adopt an account of liberty with specific and controversial features. In particular, I argue that we can make sense of the idea of a quantity of liberty only if we are willing to count certain purely agential constraints, such as ignorance and physical incompetence, as obstacles to liberty in general. This spells (...) trouble for traditional ‘negative’ accounts, against which I argue directly. My aim is to establish the following somewhat surprising claim: that if a political theory is to contain a principle regarding the protection, maximisation, or equalisation of some liberty, it must concern itself--on pain of conceptual incoherence--with the positive preconditions (in addition to the negative preconditions) of that liberty’s effective exercise. (shrink)

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

This paper examines the concept of liberty at the heart of Sarah Chapone’s 1735 work, The Hardships of the English Laws in Relation to Wives. In this work, Chapone (1699-1764) advocates an ideal of freedom from domination that closely resembles the republican ideal in seventeenth and eighteenth- century England. This is the idea that an agent is free provided that no-one else has the power to dispose of that agent’s property—her “life, liberty, and limb” and her material possessions—according (...) to his arbitrary will and pleasure, without being accountable to the law. This paper shows how Chapone uses this ideal to ground her arguments against those laws that put married women in a worse condition than slavery, and to call for the establishment of reasonable and just safeguards for a woman’s personal property and property in her children. More than this, it is argued, in this text Chapone articulates a feminist ideal that is both negative freedom from domination and positive freedom to be one’s own master or arbiter. Her work thus occupies a unique—and hitherto unrecognized—place in the history of feminist philosophy. (shrink)

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

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can (...) only provide substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...) theory of entitlement must be false, and that entitlement must instead be rooted in people’s needs. I say Okin misreads Nozick’s Libertarianism. In fact, its fundamental principle is that, simply by being persons, people are entitled to the maximum negative liberty compatible with a like liberty for all persons. Further, Nozick, and Jan Narveson, who has taken on the advocacy of Libertarian ideas, analyze liberty as freedom to interact with things, and analyze being entitled to or having property in something, as freedom to interact with it, to determine what may be done with it. People therefore have such freedom to do what they want with themselves, and such freedom to do what they want with other things, as is compatible with all persons having similar freedom. The former is what self-ownership amounts to, the latter, ownership of other things. Libertarianism’s fundamental principle therefore both grounds and delimits entitlements in ways entailing that mothers don’t own persons by dint of making them. Otherwise, since it would then be the prerogative of mothers to determine what shall be done with the persons they made, the persons made would lack equal liberty, this violating the fundamental principle. (shrink)

Abstract. Drawing on Black radical thought, some political theorists have elaborated a notion of ‘fugitive freedom’ that challenges us to understand freedom beyond the canonical concepts of ‘positive’ and ‘negative’ liberty. The idea of fugitive freedom concerns the vast liminal space between being enslaved and enjoying complete political (or ethical) liberty. Whereas for traditional political theory, there are two ‘conditions’ or ‘statuses’ assigned to subjects (‘free’ or ‘slave’), reflection on slave narratives and the history of maroon communities (...) points to freedom expressed in escape, flight, and movement away from domination. Fugitive freedom is enabled and sustained through quotidian, clandestine practices of communication, concealment, care, and refuge. Inspired by these exhortations to reimagine the forms that freedom can take, this paper finds in Spinoza a notion of fugitivity, understood as a counter-power, animated by the desire to escape domination, generate solidarity, and forge mental community. (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)

The global spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or coronavirus disease 19 (COVID-19) has led to the imposition of severely restrictive measures by governments in the Western hemisphere. We feel a contrast between these measures and our freedom. This contrast, we argue, is a false perception. It only appears to us because we look at the issue through our contemporary moral philosophy of utilitarianism and an understanding of freedom as absence of constraints. Both these views can be (...) substituted with more sophisticated alternatives, namely an ethics of virtue and a notion of freedom of the will. These offer a fuller picture of morality and enable us to cooperate with the current restrictions by consciously choosing to adhere to them instead of perceiving them as draconian and immoral. We ask whether we should collaborate with the restrictions and argue that considerations of virtue will lead to an affirmative answer. More broadly, virtue ethics permits to deal with the practical concerns about how an individual should behave during this pandemic, given the current lockdown measures or lack thereof. -/- In section 1, we present how utilitarianism and a notion of freedom as negative liberty support the opposition to restrictive measures. In section 2, we outline an alternative based on an ethics of virtue and a more elaborated notion of free will. In the concluding section 3, we argue that considerations of virtue should guide the individual and public response to the emergency. (shrink)

This paper is an attempt to identify certain consonances between contemporary liberalism and classical pragmatism. I identify four of the most trenchant criticisms of classical liberalism presented by pragmatist figures such as James, Peirce, Dewey, Addams, and Hocking: that liberalism overemphasizes negative liberty, that it is overly individualistic, that its pluralism is suspect, that it is overly abstract. I then argue that these deficits of liberalism in its historical incarnations are being addressed by contemporary liberals. Contemporary liberals, I (...) show, have taken on board a surprising number of classical pragmatist insights and have responded to a surprising number of classical pragmatist criticisms. I thus argue that both contemporary pragmatism and contemporary liberalism have much to gain by joining forces. (shrink)

This essay considers the theoretical disagreement between Isaiah Berlin and Hannah Arendt on the meaning and value of freedom. Berlin thinks that negative liberty as non-interference is commendable because it is attuned to the implication of value pluralism that man is a choice-making creature and cannot be otherwise. By contrast, the political freedom to act is in Arendt’s view a more fulfilling ideal because it is only in political action that man’s potentiality is actualised, his unique identity manifested (...) and his being-in-the-world-with-others reaffirmed. What lies beneath the two thinkers’ dispute over the most satisfactory meaning of freedom, I argue, is a deeper disagreement over human nature itself. The implication of this analysis for the contemporary debate between pluralist liberals and their agonistic critics is briefly discussed in conclusion. (shrink)

The legacy of George W. Bush will probably be associated with the President’s infallibly certain style of visionary leadership and his specific vision of a ‘Freedom Agenda’. According to this vision, the United States must spread democracy to all people who desire liberty and vanquish those tyrants and terrorists who despise it. Freedom is universally valued, and the United States is everywhere perceived as freedom’s protector and purveyor. So, the mission of the Freedom Agenda is to guard existing freedoms (...) as well as spread the democratic political system to those countries lacking comparable freedoms. Recent analyses of the Bush Freedom Agenda examine its roots in realist foreign policy and neoconservative political thought. In this paper, I take a different approach, connecting the Freedom Agenda to the ideas of two philosophers: (i) Isaiah Berlin’s notion of positive-negative liberty and (ii) John Dewey’s concept of freedom as a function of culture. My central claim is that when compared with the ideas of Berlin and Dewey, the Freedom Agenda is a faulty construct, both conceptually and practically, for understanding America’s role in global affairs. The Freedom Agenda proves to be neither conservative nor universal. Nevertheless, it constitutes an essential element of George W. Bush’s legacy, a vision of American purpose in a threatening and divisive world. (shrink)

Many political philosophers argue that interference (or vulnerability to interference) threatens a person’s agency. And they cast political freedom in opposition to interpersonal threats to agency, as non-interference (or non-subjection). I argue that this approach relies on an inapt model of agency, crucial aspects of which emerge from our relationships with other people. Such relationships involve complex patterns of vulnerability and subjection, essential to our constitution as particular kinds of agents: as owners of property, as members of families, and as (...) participants in a market for labor. We should construct a conception of freedom that targets the structures of our interpersonal relations, and the kinds of agents these relations make us. Such a conception respects the interpersonal foundations of human agency. It also allows us to draw morally significant connections between diverse species of unfreedom—between, for instance, localized domination and structural oppression. (shrink)

This paper explores the level of obligation called for by Milton Friedman’s classic essay “The Social Responsibility of Business is to Increase Profits.” Several scholars have argued that Friedman asserts that businesses have no or minimal social duties beyond compliance with the law. This paper argues that this reading of Friedman does not give adequate weight to some claims that he makes and to their logical extensions. Throughout his article, Friedman emphasizes the values of freedom, respect for law, and duty. (...) The principle that a business professional should not infringe upon the liberty of other members of society can be used by business ethicists to ground a vigorous line of ethical analysis. Any practice, which has a negative externality that requires another party to take a significant loss without consent or compensation, can be seen as unethical. With Friedman’s framework, we can see how ethics can be seen as arising from the nature of business practice itself. Business involves an ethics in which we consider, work with, and respect strangers who are outside of traditional in-groups. (shrink)

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

Arthur Ripstein’s conception of Kantian freedom has exerted an enormous recent influence on scholars of Kant’s political philosophy; however, the conception seems to me flawed. In this paper, I argue that Ripstein’s conception of Kantian freedom as “your capacity to choose the ends you will use your means to pursue” – your “purposiveness” – is both too narrow and too broad: (1) Wrongful acts such as coercive threats cannot choose my ends for me; instead, such acts wrongfully restrict my perceived (...) options. And (2) rightful changes to the context in which I choose that render my means insufficient for my ends restrict my capacity to choose them. Alternatively, my purposiveness reduces to my entitlements; but then freedom as purposiveness is viciously circular or fails as a new approach to the “devastating” objection that motivates it. (shrink)

The notion of 'freedom' has gained an emblematic character in contemporary political discourse. It is, commonly, viewed as the central value and political goal of modern societies. Similarly, human rights documents conceive of freedom as their founding principle with universal validity. In contradistinction to this prevalent approach to freedom, this paper aims to demonstrate that freedom is, primarily, a political signifier with social-historical variability. One cannot, therefore, simply and uncritically assume that freedom has (or should have) universal validity or transhistorical (...) significance. In the first section of this paper, the structure of the contemporary liberal discourse on freedom is discussed and called into question. In light of Arendt's interpretation of freedom and through her analysis of the public domain, I reflect on the social-historical variability of the meaning of freedom and its inextricable nexus with a particular form of society. In the second section and drawing on Castoriadis, the notion of 'freedom' is approached in view of human signifying practices and imaginary dimension of society. This examination reveals in what way freedom––in the sense of a central social imaginary signification––contributes to the institution of an autonomous mode of society and determines the affective disposition and intentional vector of its inhabitants. (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)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be the scientists (...) in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...) because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose rights are violated. Hence the “liberal” view of abortion: women (especially) may decide whether to bear the children they have conceived. Birth is a (...) good dividing line between the freedom to abort and the point at which society is permitted to take an interest. Once born, children detach from their mothers; no invasion of their bodies is necessary to separate them. Yet some ways of bringing them up can have a negative impact on society. There is a thus legitimate interest in protecting ourselves from the results of truly bad parenting. (shrink)

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states' positive duties to (...) prevent harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor countries acquire special duties to their compatriots that render them liable to coercive interference. (shrink)

The essay analyses the originality of Machiavelli's reflection about the conflict under the Prince's government, in order to point out concordances and differences with the role - more extensively studied - of conflict within a republic. The questions analysed are, first of ali, the Prince's necessity of foreseeing the institutional structures for the regulation of conflict; then, the issue of alliances for the Prince who, having taken the power with the support of the great or of the people, needs popular (...) support to maintain it; finally, the nature of the popular desire of not being oppressed, and particularly the fact that it is not only a negative desire, but rather contains an active tension to defend liberty. -/- . (shrink)

exam of the issue of conflict since the “History of Florence” provides us with elements capable to show the Machiavellian reflection does not evolve according to such a simple and linear way as it is shown in the “Discourses”. In fact, investigation will reveal that the opposition between the two types of conflict – positive conflict and negative conflict –, described in the “Discourses”, is progressively defined, from the analysis of Florentian history, as being just one type – the (...) tragic and violent type –, based on contrapositions that cannot be solved in terms of a classical virtú, characteristic of the first period of Roman history. Such transformations arise a set of questions to which, in some way, the present paper intends to offer some answers: Would Machiavelli have renounced to the idea of conflict as foundation of republican liberty and surrended himself to the utopia of a homogeneous and stable order? Which element should be to blame due to the fact that disagreements did not produce, in Florence, the same effects which were seen in Rome? Would all disagreements be natural and, for that reason, inevitable, or could there be “artificial” divisions and, by that reason,avoidable ones? -/- O estudo da questão do conflito a partir da “História de Florença” nos fornece elementos capazes de mostrar que a reflexão maquiaveliana não se desenvolve de modo tão simples e linear quanto parece nos “Discursos”. Com efeito, revelará que a oposição entre dois tipos de conflito – positivo e negativo – descrita nos “Discursos” se define progressivamente, a partir da análise da história florentina, como de um só tipo – trágico e violento – baseado sobre contraposições que não são possíveis de serem resolvidas em termos de uma virtù clássica, característica do primeiro período da história de Roma. Esta transformação levanta um conjunto de interrogações para as quais, de algum modo, o presente estudo pretende oferecer respostas: teria Maquiavel renunciado à ideia de conflito como fundamento da liberdade republicana e se entregado à utopia de uma ordem homogênea e estável? A que se deve atribuir o fato de as discórdias não haverem produzido em Florença os mesmos efeitos que em Roma? Seriam todas as discórdias naturais e, portanto, inevitáveis, ou poderia haver divisões “artificiais” e, portanto, evitáveis? (shrink)

This article was motivated by the avalanche of finance spent annually on addressing the harm caused by corrosion on household wares and buildings, industrial machines and facilities, hospital equipment and many other establishment of man in the universe. Corrosion is a universal phenomenon referred to as the deterioration of metallic material. Metal alloys like stainless steel and aluminium are extensively used in household utensils for their durability, affordability and corrosion resistance. However, these materials can leach heavy metals such as chromium, (...) nickel, iron, and aluminium into food, posing serious health challenges. Stainless steel, despite its corrosion resistance, releases harmful metals when exposed to acidic foods, while aluminium utensils corrode and release harmful elements under certain conditions too. Hence, this article was aimed at examining the historical background of corrosion, the causes of corrosion in household wares and utensils, its impact especially on human health and economy, and the potential remedies. The findings indicated that acidic foods and prolonged storage increase metal leaching. Health concerns included increased risks of anemia, dementia, and osteomalacia due to excessive metal accumulation in the body. Mitigation strategies included using anodized aluminium, minimizing storage time of acidic foods in metal containers, and increasing public awareness about the potential health risks. Proper maintenance and selection of utensils could significantly reduce the hazards associated with metal leaching. (shrink)

Cases of akratic behavior are generally seen as paradigmatic depictions of the knowledge-action gap (Darnell et al 2019): we know what we should do, we judge that we should do it, yet we often fail to act according to our knowledge. In recent decades attention has been given to a particular instance of akratic behavior, which is that of “inverse akrasia”, where the agent possesses faulty moral knowledge but fails to act accordingly, thus ending up doing the right thing. In (...) particular, two literary examples are considered as exemplifying this kind of akratic situation: Huckleberry Finn (Arpaly & Schroeder 1999, Arpaly 2000, Hursthouse 1999, Kleist 2009, Holton manuscript) and Neoptolemus as understood by Aristotle (NE; Arpaly & Schroeder 1999). In this paper I will argue that those of Neoptolemus and Huck Finn are not cases of inverse akrasia (Holton manuscript) but are much better explained as instances of what Williams (1993) called “moral incapacity”. In particular, the reason why they fail to act according to their original judgments is due to a lack of motivation to act accordingly, which is grounded in their moral self-identities (Blasi 1984; Vigani 2016). The paper will unfold as follows: I will, first, argue that neither Neoptolemus nor Huck Finn show akratic behavior; thus, they cannot be legitimately labeled as “inverse akratics” (par 1.); then, I will argue that they act the way they do notwithstanding their faulty judgments because they are effectively motivated to do so. Such motivation originates in their moral self-identities and is experienced through the threat of self-betrayal (par 2); finally, I will argue that when an agent is motivated to act in a way that is integral with her moral self-identity, acting otherwise is experienced as something one cannot ultimately do; that is, as a moral incapacity (par 3). This “cannot” is neither a metaphor for an “I shouldn’t”, nor an instance of what has been recently labeled a “moral impossibility” (Caprioglio Panizza 2020, 2021), since it does not arise from the normative force of deontic judgments, and it is neither physically nor psychologically impossible for the agent to act otherwise. (shrink)

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

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a (...) presumption in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

‘Liberty’, as a word, is thrown about contemporary society as casually as a ball is on a summer’s day, and yet, does anyone have a grasp on what it is? If it is freedom from limitation, then liberty must represent nothing less than consciousness without restraint. But though this straightforward definition implies its acquisition to be equally straightforward, the full spectrum of liberty would certainly prove to be one of the most elusive concepts imaginable. As a result, (...) what we have, and what we throw about so indifferently, is a Substitute - a poor kind of replica of the real thing. True liberty - Omniversal liberty - is much less tangible however, and represents the equilibrium that occurs when anything is possible, but where the capacity to ever allow one possibility to dominate over another becomes impossible to maintain. (shrink)

In this paper we carefully study the problem of liberty as it applies to school choice, and whether there ought to be restricted liberty in the case of homeschooling. We examine three prominent concerns that might be brought against homeschooling, viz., that it aggravates social inequality, worsens societal conflict and works against the best interests of children. To examine the tensions that occur between parental liberty, children's interests, and state oversight, we consider the case of homeschooling in (...) the Dutch context. (shrink)

Bernard Williams articulated his later political philosophy notably in response to Ronald Dworkin, who, striving for coherence or integrity among our political concepts, sought to immunize the concepts of liberty and equality against conflict. Williams, doubtful that we either could or should eliminate the conflict, resisted the pursuit of conceptual integrity. Here, I reconstruct this Dworkin–Williams debate with an eye to drawing out ideas of ongoing philosophical and political importance. The debate not only exemplifies Williams's political realism and its (...) connection to his critique of the morality system. It also illustrates the virtues and hazards of contemporary efforts to ameliorate or engineer our concepts; it indicates what political philosophy might look to in appraising political concepts; it adverts to the different needs these concepts have to meet if they are to sustain a politics of pluralism, deal with polarization, and secure the consent of those who end up on the losing side of political decisions; and it presents us with two starkly contrasting conceptions of politics itself, of the place of political values within it, and of our prospects of reducing the uncomfortably conflictual character of those values through philosophy. (shrink)

The priority of liberty has always played a central role in John Rawls's political theory. This chapter reviews Rawls's three arguments for the priority of liberty in Theory and argues that two of them do indeed fail (either in whole or in part) because of two types of error. It presents a partial reconstruction of the hierarchy argument, and demonstrates that our highest‐order interest in the development and exercise of rationality follows naturally from the Kantian commitment to autonomy (...) that Rawls expresses in Theory. The chapter discusses an apparent problem with the scope of the hierarchy argument: it does not offer a particularly compelling defense of the priority of the basic political liberties, including the rights to vote and hold public office. The chapter also discusses the implications of the priority of liberty for the American practice of civil libertarianism. (shrink)

The paper attempts to answer the questions of what learning from negativity of experience perspective is and if it could become the right way of teaching and learning morality at school. It consists of three sections. The first one explains the fundamental distinction between negative moral experiences and negativity of moral experience. In the second section, the author’s attention focuses on the possibility of didactic application of teaching and learning from negativity of experience. The last section contains J. F. (...) Herbart’s concept of educative guidance as a permanently valid theoretical framework for contemporary moral education at school. -/- . (shrink)

In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...) justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

This paper proves normalisation theorems for intuitionist and classical negative free logic, without and with the $\invertediota$ operator for definite descriptions. Rules specific to free logic give rise to new kinds of maximal formulas additional to those familiar from standard intuitionist and classical logic. When $\invertediota$ is added it must be ensured that reduction procedures involving replacements of parameters by terms do not introduce new maximal formulas of higher degree than the ones removed. The problem is solved by a (...) rule that permits restricting these terms in the rules for $\forall$, $\exists$ and $\invertediota$ to parameters or constants. A restricted subformula property for deductions in systems without $\invertediota$ is considered. It is improved upon by an alternative formalisation of free logic building on an idea of Ja\'skowski's. In the classical system the rules for $\invertediota$ require treatment known from normalisation for classical logic with $\lor$ or $\exists$. The philosophical significance of the results is also indicated. (shrink)

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

In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do not (...) allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility. (shrink)

Can one’s genetic profile be owned? How about techniques to improve genetic profi les? A brave new world of genetic enhancement is upon us and we’d better be ready to answer such questions. Adam Moore is ready. He thinks the answers to these questions are resoundingly “yes.” He defends this on the ground of individual liberty in the face of potential government control of such technology. He argues that genetic property is to be assimilated to rights of privacy and (...) property in general and can be owned. He defends this against several important objections on the basis of societal overriding needs or goods. (shrink)

In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar reasons.

I argue for two controversial claims about Locke’s account of liberty in Essay 2.21. The first claim is that Locke does not identify liberty with freedom of action. Instead, Locke places further conditions on liberty beyond to the power to perform or forbear an action at will. The second (and closely related) claim is that Locke takes the power to suspend and examine desire to be necessary for liberty—in other words, that possession of the power to (...) suspend and examine desire is one such further condition upon liberty. (shrink)

Cantor argued that absolute infinity is beyond mathematical comprehension. His arguments imply that the domain of mathematics cannot be grasped by mathematical means. We argue that this inability constitutes a foundational problem. For Cantor, however, the domain of mathematics does not belong to mathematics, but to theology. We thus discuss the theological significance of Cantor’s treatment of absolute infinity and show that it can be interpreted in terms of negative theology. Proceeding from this interpretation, we refer to the recent (...) debate on absolute generality and argue that the method of diagonalization constitutes a modern version of the vianegativa. On our reading, negative theology can evoke an attitude of humility with respect to the boundedness of the human condition. Along these lines, we think that the foundational problem of mathematics concerning its domain can be addressed through a methodological attitude of humility. (shrink)

One core question in contemporary political economy is whether economic liberties should be constitutionally protected as basic rights. In this article I do not provide a positive argument for the view that economic liberties are basic rights. Rather, I seek to provide a reason for not embracing the opposing view, i.e. that economic liberties should not be constitutionally protected as basic rights. Based on Hayek’s theory of price as signal, I argue that price control, a view usually associated with high (...) liberals, and sometimes endorsed by moderate welfarists, is environmentally sub-optimal. (shrink)