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)

We live with the legacy of injustice, political as well as personal. Even if our governments are now democratically elected and governed, our societies are scarred by forms of power and privilege accrued from a time in which people’s race, sex, class and religion were grounds for denying them a role in government, or in the selection of those who governed them. What does that past imply for the treatment of religion in democratic states? The problem is particularly pressing once (...) one accepts that religious freedom is not just a matter of individuals’ freedom of conscience and worship, but of people’s claims to associate with others through institutions whose powers, status and commitment to equality are very different (Laborde, 2015). If this means that churches pose some of the same philosophical and practical problems as families, from a democratic perspective, the fact that churches have no obvious point or justification, beyond being the repository of the claims to conscience of their members, appears to distinguish them from the former. In principle, this should make it easier to think about the claims of government, as compared to those of churches. In practice, however, it may simply bring into sharper focus philosophical and political challenges to equality that contemporary democracies now face. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

One Rawlsian response to G. A. Cohen’s criticisms of justice as fairness which Cohen canvasses, and then dismisses, is the 'Freedom Objection'. It comes in two versions. The 'First Version' asserts that there is an unresolved trilemma among the three principles of equality, Pareto-optimality, and freedom of occupational choice, while the 'Second Version' imputes to Rawls’s theory a concern to protect occupational freedom over equality of condition. This article is mainly concerned with advancing three claims. First, the (...) 'ethical solution' Cohen advances against the First Version of the Freedom Objection does not grant a fair hearing to the Freedom Objection. Second, the distinction Cohen presses between the legal and moral right of occupational choice in his response to the Second Version cannot save him from worries about Stalinist coercion. Third, Cohen’s response to the First Version of the Freedom Objection is actually in tension with his response to the Second Version of the Freedom Objection. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, (...) I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

This essay examines some of the institutional arrangements that underlie corruption in democracy. It begins with a discussion of institutions as such, elaborating and extending some of John Searle’s remarks on the topic. It then turns to an examination of specifically democratic institutions; it draws here on Joshua Cohen’s recent Rousseau: A Free Community of Equals. One of the central concerns of Cohen’s Rousseau is how to arrange civic institutions so that they are able to perform their public functions without (...) being easily abused by their members for individual gain. The view that Cohen sketches on behalf of Rousseau offers a clear framework for articulating institutional corruption in democracy. With this account of democratic institutions in place, the essay turns the discussion to the role of transparency in deterring institutional corruption. The basic thought here is perhaps unsurprising: to ensure that a democratic institution is serving its public function and not being manipulated for self-interested gain, its activities must be subject to public scrutiny, and so these activities must be transparent to the public. Saying this makes the role of transparency in a well-functioning democracy clear, but it does not settle how transparency is to be realized. The essay argues that transparency can be realized in a democracy only by an extra-governmental institution that has several of the familiar features of the press. If this is correct, it follows that in its design and in many, though not all, of its activities, WikiLeaks provides a contemporary example of such an institution. (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)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as authentic. To (...) make progress, following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (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)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

This book aims to apply recent thinking in philosophy to the age-old problem of the meaning of life, and to do so in a way that is useful to atheists, agnostics, and humanists. The book reorients the search for meaning away from a search for purpose and toward a search for what truly matters, and criticizes our society's prevailing theory of value, the preference satisfaction theory of the economists. It next argues that emotions are our best guides to what matters (...) in life, and shows how emotional judgments about what matters can be true. Finally it discusses how a meaningful life can be lived, describes the role of justice, freedom, identity, and culture in its construction, and compares the meaningful with the happy life. Andrew Kernohan has a Ph.D in philosophy from the University of Toronto and is an Adjunct Professor at Dalhousie University. He is the author of Liberalism, Equality, and Cultural Oppression (Cambridge University Press, 1998) and various articles in professional philosophy journals. (shrink)

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

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)

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal position? (...) What are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

In this study, press freedom in Nigeria is investigated, together with its recent developments and historical background. It looks at the state of press freedom, highlighting obstacles, worldwide forces that contribute to its restriction and the benefits it provides. Despite legislative restrictions, government control over Nigeria's media has persisted since the Newspaper Ordinance of 1903. The study places press freedom within several theoretical frameworks, such as authoritarian, libertarian, and democratic participant theories, using McQuail's theories of mass communication. (...) Using Google Forms and the River sampling method, the study obtained data from 60 Nigerian journalists with a 100% response rate. The study underscores the critical function of press freedom in democratic nations, calls for its protection, and emphasizes its ability to influence open government, the defense of human rights, and socioeconomic progress. (shrink)

On 25 December 1991 Alaa Hamed must for his literary work to the "Emergency Court for National Security" in Cairo. The judge read out the verdict: 2,300 egyptian pounds fine and eight years in prison for violating of state security and social peace. - A shock not only for egyptian intellectuals! The Arabic Department of BBC London placed the sentence in second place in the news, immediately after the notification of the resignation of Michail Gorbachev. Even in Germany the message (...) arrived in the media (FAZ, 30 December 1991). The egyptian journalist Jusif El Kaid spoke of the "most dangerous convicted of the 20 century" (Almussawar. No. 3508, 3 January 1992). The human rights organization of Egypt criticized the verdict as a violation of the right to freedom of expression and artistic innovation. It was the first time in modern history (after the 1952 revolution), that an author should because of his literary work in prison. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 219-220 [Access article in PDF] Jack Zupko. John Buridan: Portrait of a Fourteenth-Century Arts Master. Notre Dame: University of Notre Dame Press, 2003. Pp. xix + 446. Cloth, $70.00. Paper, $40.00. What does the name "John Buridan" call to mind? For many, including medievalists, not much at all—at best, perhaps, a set of apparently unrelated ideas: nominalism; an impetus theory of (...) projectile motion; and a peculiar account of the will (although "Buridan's ass," the indecisive donkey caught between two equally appetizing bales of hay, is not found in Buridan's writing). In correcting this ignorance—an injustice to arguably the most famous and influential philosopher of the early-to-mid-fourteenth century—the temptation might have been to articulate Buridan's "positions" on "the big questions," allowing readers to fit Buridan into received categories. Thankfully, the present work, the first book-length study of Buridan in any language, resists this temptation. The John Buridan that emerges from Jack Zupko's skillful "exercise in philosophical portraiture" doesn't serve to simply fill gaps in our awareness of the historical record, but to enlighten and challenge our understanding of the practice of philosophy and the study of its history.Zupko emphasizes throughout that Buridan was a teacher, a master of arts in Paris. Buridan's pedagogical concerns help make sense of his central work in logic. As the basis for his arts lectures, Buridan chose Peter of Spain's Summulae Logicales, but in commenting on Peter, Buridan moves beyond creative exegisis to comprehensive renovation. Buridan (c. 1300-c. 1361) naturally wanted to accommodate terminist or via moderna supposition theory; but more importantly, he wanted a logic text that would set out a general plan of philosophical inquiry, "a compendium of methods, a 'how-to' book for the philosopher" (135). Buridan thus designed his own Summulae de Dialectica as a new authoritative logic text, and Zupko persuasively argues that its "nominalism" should be understood as less a set of doctrines in theoretical logic, than a program of logical practice, an education in logic as the ars artium, the universal intellectual tool.Zupko's portrait of "Buridan's vision of the philosophical enterprise" is thus appropriately divided into two parts. The first summarizes Buridan's method as described in the individual treatises of his Summulae. The second displays the method in practice, rehearsing and evaluating some of Buridan's arguments on various subjects. Many scholars will gravitate first to the latter part, where Zupko offers important interpretations and clarifications of Buridan's views. In these chapters, Zupko helps us to appreciate, among other things: how the problem of universals served to help Buridan define the scope of philosophy (ch. 10); the philosophical modesty of Buridan's account of the intellectual soul's presence in the body (ch. 11); the relationship between Buridan's epistemology and the skepticism of his Parisian contemporary Nicholas of Autrecourt (ch. 12); the sense in which Buridan is an "empiricist," viz an epistemic naturalist and reliabilist (ch. 13); how Buridan regarded moral psychology as applied physics, treating virtue as a kind of impetus (ch. 14); how Buridan's account of freedom can be regarded as a "perfection" of Thomistic intellectualism (ch. 15).Throughout these discussions, Zupko always keeps in sight his larger purpose of illustrating Buridan's conception of philosophical inquiry. Zupko makes much of the fact that [End Page 219] Buridan never wrote as a theologian, remaining his entire career in the arts faculty, where he wanted logic to organize secular inquiry. As Zupko notes, in this way Buridan's scholastic project seems to prefigure the "modern." But Buridan seems modern in another way as well. As Zupko points out in his "Introduction," though a cleric, Buridan never joined a religious order, so that his ideas developed independently of the Franciscan and Dominican traditions. He was, then, a teacher without a tradition—at least without deliberate allegiance to tradition, although he was in many ways the product of traditional scholastic intellectual discipline.Perhaps this... (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter (...) examines refugeehood as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

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

Kant’s early readers were troubled by the appearance of a dilemma facing his theory of freedom. On the one hand, if we explain human actions according to laws or rules, then we risk reducing the activity of the will to necessity (the horn of determinism). But, on the other hand, if we explain human actions without laws or rules, then we face an equally undesirable outcome: that of reducing the will’s activity to mere chance (the horn of indeterminism). After (...) providing an overview of this dilemma, this chapter explores how Fichte and Schelling attempted to resolve it, in ways that ultimately shaped the course of post-Kantian idealism in the late 1790s and early 1800s. (shrink)

This volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. The volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the (...) global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such policies associated with immigration, international trade, and climate change. -/- Contents: Introduction; Part I Standards of Global Justice: (i) Assistance-Based Responsibilities to the Global Poor: Famine, affluence and mortality, Peter Singer; We don't owe them a thing! A tough-minded but soft-hearted view of aid to the faraway needy, Jan Narveson; Does distance matter morally to the duty to rescue? Frances Myrna Kamm. (ii) Contribution-Based Responsibilities to the Global Poor: 'Assisting' the global poor, Thomas Pogge; Should we stop thinking about poverty in terms of helping the poor?, Alan Patten; Poverty and the moral significance of contribution, Gerhard Øverland. (iii)Cosmopolitans, Global Egalitarians, and its Critics: The one and the many faces of cosmopolitanism, Catherine Lu; Cosmopolitan justice and equalizing opportunities, Simon Caney; The problem of global justice, Thomas Nagel; Against global egalitarianism, David Miller; Egalitarian challenges to global egalitarianism: a critique, Christian Barry and Laura Valentini. Part II Pressing Global Socioeconomic Issues: (i) Governing the Flow of People: Immigration and freedom of association, Christopher Wellman; Democratic theory and border coercion: no right to unilaterally control your own borders, Arash Abizadeh; Justice in migration: a closed borders utopia?, Lea Ypi. (ii) Climate Change: Global environment and international inequality, Henry Shue; Valuing policies in response to climate change: some ethical issues, John Broome; Saved by disaster? Abrupt climate change, political inertia, and the possibility of an intergenerational arms race, Stephen M. Gardiner; Polycentric systems for coping with collective action and global environmental change, Elinor Ostrom. (iii) International Trade: Responsibility and global labor justice, Iris Marion Young; Property rights and the resource curse, Leif Wenar; Fairness in trade I: obligations arising from trading and the pauper-labor argument, Mathias Risse; Name index. -/- See: www.ashgate.com/default.aspx?page=637&calctitle=1&pageSubject=483&sort=pubdate&forthcoming=1&title_i d=9958&edition_id=13385. (shrink)

This paper discusses the influence of digital media and its online presence on freedom of speech in Vietnam by analyzing three different kinds of emerging online media tools: blogosphere, electronic/online newspapers, and social media networks (SNSs). As a single- party socialist republic country, the controlling power of the media lays in the hands of the Communist Party of Vietnam (CPV). The Doi Moi reform in 1986, marketization and the introduction of the Internet in 1997 have slightly transformed the Vietnamese (...) media environment, however, it remains highly restricted. This paper explores several sources including academic research, research articles, as well as analysis of online press coverage in the Vietnamese media environment to examine governmental control over the media which influences the free flow of information. Understanding digital media developments within the Vietnamese online media environment helps us to understand how Vietnamese netizens utilize these tools to maximize their online freedom of speech, the CPV"s approach to regulate the Internet in order to maintain its legitimacy, and several challenges facing Vietnamese netizens including bloggers, journalists, and the wider public in the digital age. (shrink)

According to John Rawls’s famous Liberal Principle of Legitimacy, the exercise of political power is legitimate only if it is justifiable to all citizens. The currently dominant interpretation of what is justifiable to persons in this sense is an internalist one. On this view, what is justifiable to persons depends on their beliefs and commitments. In this paper I challenge this reading of Rawls’s principle, and instead suggest that it is most plausibly interpreted in externalist terms. On this alternative view, (...) what is justifiable to persons is not in any way dependent on, or relativized to, their beliefs and commitments. Instead, what is justifiable to all in the relevant sense is what all could accept as free and equal. I defend this reinterpretation of the view by showing how it is supported by Rawls’s account of the freedom and equality of persons. In addition, a considerable advantage of this suggestion is that it allows for an inclusive account of to whom the exercise of political power must be made justifiable. (shrink)

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

This study explores freedom and equality as necessary constituents of a liberal democratic state. At the same time, equality and freedom conflict in various respects. It is examined how such conflicts may optimally be resolved while taking seriously the interests involved. These inquiries have far-reaching consequences for the justification of the liberal democratic state. Equal rights are generally considered to be an integral part of a liberal democratic state, but on what foundation are such rights based? Various attempts (...) have been made to provide such a foundation from a moral framework. Some important and influential positions are examined critically and an alternative perspective is offered. "Equality" is approached straightforwardly, without appealing to obscure notions while seeking an outcome that may universally be accepted. Rationality is an important feature in this respect. The question to what extent freedom should be allowed to citizens is another important issue. Granting citizens freedom is beneficial for the liberal democratic state as a whole and for citizens themselves. The limits of freedom must, however, be defined carefully. The search for a simple solution is balanced against the need to do the complexities of individual cases justice. In addition, it is not the task of a liberal democratic state to influence people’s convictions concerning equality ; only equal treatment should be guaranteed. (shrink)

With An Answer to the Question: What Is Enlightenment? (1784) and What Does It Mean to Orient Oneself in Thinking? (1786), Kant presents the concept of public use of reason and defines its requirements, scope, and function. In outline, the public use of reason consists in sharing one’s thoughts with “the entire public of the world of readers” (8:37). As for its requirements, to the extent that someone communicates in their own person, i.e. not in the exercise of their function (...) as a public official, and bases their reasoning on universalizable grounds, their use of reason qualifies as public and shall be free from state censorship. Therefore, Kant’s concept of public use reason aims to establish a public debate that is free and includes in its scope, both as subjects and recipients, potentially all adult men. The ultimate function of the public use of reason is to foster moral progress and, with it, the reform of the political community according to the republican ideal. However, it is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, deprives his notion of public use of reason of its progressive core and adjusts it to the absolutist conception of speech and civil service. Characterizations of state officials as “not free to make public use of their learning” (7:18) and “bound to uphold whatever […] the crown sanctions for them to expound publicly” (7:8), as well as the depiction of laypeople as “incompetent” (7:18) and “resigned to understanding nothing about [the sciences]” (7:34), have led influential interpreters to read Kant as redefining his notion of public use of reason by restricting its subjects to university professors and its recipients to government members (e.g. John Christian Laursen 1986, rpt. 1992 and 1996; Kevin Davis 1992; Steven Lestition 1993; Jay Franzel 2013). On my reading, with The Conflict of the Faculties, Kant does indeed redefine the concept of public use of reason making concessions to the absolutist notion of speech and civil service. However, a close reading of the text reveals that the public use of reason ends up being reaffirmed in its progressive core and extended in its scope. To substantiate my interpretation, I will systematically analyse and classify each of the 68 occurrences of the adjective ‘public’ in The Conflict of the Faculties and show how Kant employs the absolutist vocabulary to convey the progressive project of his previous writings. Accordingly, I argue that Kant holds on to the free public use of reason as a means to reform politics according to the republican ideal and that the employment of the absolutist vocabulary is motivated by a pragmatic attitude and a provocative stance. (shrink)

Autonomy, equality and freedom often appear to be significantly interrelated with one another. However, it has been a challenge to unite these concepts. This article attempts to take up the challenge and demonstrate how these interrelate: .

It is this very contention that sits at the heart of Matthew Flisfeder’s, Algorithmic Desire: Towards a New Structuralist Theory of Social Media (2021). In spite of the accusation that, today, our social media is in fact hampering democracy and subjecting us to increasing forms of online and offline surveillance, for Flisfeder (2021: 3), ‘[s]ocial media remains the correct concept for reconciling ourselves with the structural contradictions of our media, our culture, and our society’. With almost every aspect of our (...) contemporary lives now mediated through the digital, the significance of the algorithm maintains a pertinent importance in making sense of the social and psychic investments that our interactions on social media, as well as other forms of digital media, rely upon and encourage. The socio-political tensions and contradictions that such interaction prescribes remains a reoccurring theme throughout Algorithmic Desire, with Flisfeder masterfully navigating the problems and pitfalls of a burgeoning digital infrastructure that is redefining our lives as social beings. What becomes apparent from Flisfeder’s account is how debates and discussions regarding the algorithm can be couched in a number of pressing concerns, including the proliferation of online misinformation and the contradictions inherent to our freedom and security. While these debates are drawn together through the prism of the algorithm, it is mostly with regards to the medium of social media that Flisfeder examines how our desire and enjoyment are algorithmically organized. This focus is expertly followed throughout the book’s eight chapters, producing a critically engaging inquiry that continually considers the socio-political tensions and ambiguities that frame and sustain our digital media interactions. Ultimately, it is this contention that lends further support to Flisfeder’s assertion that algorithms play a key role in reading our desire. In the discussion that follows, this reading will be critically considered by tracing and outlining a number of key significances underpinning Flisfeder’s approach. Most notably, this will require a discussion of the Lacanian conception of desire; the effects of disavowal and cynical perversion; the importance of ‘maintaining appearances’; and, finally, the significance of the social media metaphor. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly (...) transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Whatever may be said about contemporary feminists’ evaluation of Descartes’ role in the history of feminism, Mary Astell herself believed that Descartes’ philosophy held tremendous promise for women. His urging all people to eschew the tyranny of custom and authority in order to uncover the knowledge that could be found in each one of our unsexed souls potentially offered women a great deal of intellectual and personal freedom and power. Certainly Astell often read Descartes in this way, and Astell (...) herself has been interpreted as a feminist – indeed, as the first English feminist. But a close look at Astell’s and Descartes’ theories of reason, and the role of authority in knowledge formation as well as in their philosophies of education, show that there are subtle yet crucial divergences in their thought – divergences which force us to temper our evaluation of Astell as a feminist. -/- My first task is to evaluate Astell’s views on custom and authority in knowledge formation and education by comparing her ideas with those of Descartes. While it is true that Astell seems to share Descartes’ wariness of custom and authority, a careful reading of her work shows that the wariness extends only as far as the tyranny of custom over individual intellectual development. It does not extend to a wariness about social and institutional customs and authority (including, perhaps most crucially, the institution of marriage as we see in her Reflection on Marriage). The reason for this is that Astell’s driving goal is to help women to come to know God’s plan for women – both in their roles as human and in their roles as women. According to Astell, while it is true that, as individuals, women must develop their rational capacities to the fullest in order to honor God and his plan for women as human, as members of social institutions, including the institution of marriage, women must subordinate themselves to men, including their husbands, in this case so as to honor God and his plan for women as women. Once we understand the theological underpinnings of her equivocal reaction to authority and custom, we can see that Astell may be considered a feminist in a very tempered way. -/- My second task is to use these initial conclusions to re-read her proposal for single-sexed education that we find in A Serious Proposal to the Ladies. It is true that Astell encourages women to join single-sexed educational institutions for the unique and empowering friendships that women can develop in such institutions. Still, my argument continues, the development of such friendships is not entirely an end in itself. Rather, Astell encourages women to develop such friendships such that they can re-enter the broader world armed with the tools that will help them endure burdensome features of the lives that await them in the world, including their lives as subordinated wives –burdens that Astell does not, in principle, challenge. (shrink)

In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality. I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including Dale Smith, Pablo (...) Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke. (shrink)

This essay examines Susan Moller Okin’s writing on conflicts between religious freedom and sex equality, and her criticism of ‘political liberal’ approaches to these conflicts, which I take to be a part of her lifelong critique of the public–private distinction. I argue that, while Okin ultimately accepted a version of the distinction, she was much less hopeful than most liberal theorists that private actions could be made just without a great deal of public coercion. This comes through especially in (...) her writing on religion. I suggest an approach to addressing these conflicts that seeks to respect religious liberty more than Okin’s prescriptions suggest she did but which, in my view, is more consistent with Okin’s own liberal commitments. (shrink)

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

What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition they (...) have to gaining some legal duties and protections insofar as they are sophisticated enough to display consciousness akin to humans. Should our species enable AIS to gain a digital body to inhabit (if we have not already done so), it is more pressing than ever that solid arguments be made as to how humanity can accept AIS as being cognizant of the same degree as we ourselves claim to be. By accepting the notion that AIS can and will be able to fool our senses into believing in their claim to possessing a will or ego, we may yet have a chance to address them as equals before some unforgivable travesty occurs betwixt ourselves and these super-computing beings. (shrink)

Current radical democratic politics is characterized by new participatory spaces for citizens’ engagement, which aim at facilitating the democratic ideals of freedom and equality. These spaces are, however, situated in the context of deep societal inequalities. Modes of discrimination are carried over into participatory interaction. The democratic subject is judged by its physically embodied appearance, which replicates external hierarchies and impedes the freedom of self-expression. To tackle this problem, this article seeks to identify ways to increase the (...) class='Hi'>freedom of the subject to explore its multiple self. Understanding the self as inherently fugitive, the article investigates participatory, deliberative and agonistic concepts of self-transformation. As all of them appear limited, it introduces a transformative perspective in democratic thought. Enriching the transformative perspective with queer and gender theory, the article generates the concept of a politics of becoming, which, through radical democratic practices of disidentification, advances the freedom of the subject to change. (shrink)

Despite its superficial similarities with Rousseau's _Confessions_, Constant's _Adolphe_ functions in fact as a devastating critique from within of the entire autobiographical project. Proceeding from the threefold assumption that the soul is irremediably divided, self-opaque, and untranslatable into language, it interrogates the very feasibility of autobiography, implicitly presenting its protagonist's maxims (which only appear to be the fruits of experience altruistically shared) and his claim never to have loved (which only appears to be brutally honest, but is a curious act (...) of self-slander) as desperate attempts to produce the illusion of unity. Behind everything stands the spectre of the French Revolution, its excess of liberty engendering relentless, paralyzing doubt – a thoroughly modern species of self-division from which it is difficult, if not impossible, to recover. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are there good reasons (...) for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)

The purpose of this dissertation is to design a conception of political poverty that can address the loss of the experience of political freedom. This form of political poverty is described as separate from poverty of resources and opportunities, and poverty of capabilities required for participation. The study aims to make intelligible how a person or a group can suffer from a diminishing and fracturing of social experience, which can lead to the inability to experience oneself as a capable (...) and credible political agent, political engagement as a meaningful field of action, and democratic politics as a meaningful avenue for changing things for the better. This is a phenomenon which has been heretofore neglected by political theorists. -/- The study presents a heuristic diagnosis of political poverty as loss of experiential freedom that involves four aspects of experience that have specifically political relevance: loss of trust, loss of expressivity, loss of a sense of access to the public world, and the loss of future temporality in experience. Diminishing and fracturing of these aspects of social experience can lead to politically impoverished persons and groups to become complicit in their own marginalisation by remaining unmotivated to challenge it. These aspects of social experience are approached through phenomenological portraits, chosen from literature on social exclusion and poverty. The diagnosis remains open to further development through exploration of other aspects of experience. -/- The study draws on the thinking of Maurice Merleau-Ponty and Hannah Arendt to present an account of political freedom as only experienced in co-existence with others. Through a critical discussion of their work, a more comprehensive account of political agency is developed. The experience of having political agency involves not just the cognitive and communicative capacities of the subject, but also the entire perceptual and motor intentionality of their lived body. The experience of meaningfulness is approached by exploring the intersubjective constitution of the self in a dialectical process with their social environment. This experience is described as a form of faith in oneself as an agent and in the meaningfulness of political engagement. Such faith is a practical, meaning-giving intentional relationship of a lived body to their social environment. -/- This study emphasizes the experience of being a capable and credible political agent, and experiencing politics as a meaningful field for engagement, as important aspects of political freedom that should be considered alongside inclusivity of democratic processes, the equality of opportunity to participate, and the equality of the cognitive and communicative capabilities required for effective participation. In order to discuss political poverty as the loss of experiential freedom, we must go beyond objectivist models of social critique and approach the problem with the tools of existential phenomenology. (shrink)

With the rise of populism, European solidarity risks being eroded by a clash of solidarities based on nation and religion. Ranging from hospitality to hostility, ‘refugees welcome’ to ‘close the borders’, asylum seekers from Syria and other war-torn countries test the very ideas upon which the EU was founded: human rights, tolerance and the free movement of people. European solidarity is not only rooted in philosophical ideas of equality and freedom but also in the memory of nationalism, war and (...) violence. The response to refugees seeking asylum into Europe cannot only be resolved by appealing to emotions, moral sentiments and a politics of pity. Disenchantment with government, fear of terrorism and resentment towards foreigners weaken European solidarity at a time when it is needed most. (shrink)

Adam Gibbons (2022) holds, in response to my recent paper on epistocracy (Méndez 2022), that the severity of what I identify as a very relevant epistemic problem for epistocracy is overstated. What I call the Information Gap Problem refers to the gap of information that an elite electorate of well-informed citizens would experience, with regards to what epistocrats call ‘ill-informed’ lay citizens’ preferences. In that paper, I claimed that a group of highly qualified people could be better at determining the (...) content of policies to foster general goals, but that this does not mean they could also be able to identify the best forms for those policies to be implemented. The form is what I connect to the lived experiences of lay citizens, and an epistocratic arrangement— which equals to distribute political power in accordance with political competence—would exclude the preferred forms of implementation of the ill-informed citizens. That information would thus be out of reach for an elite electorate, and persisting socio economic differences would reduce the overlap between the preferences of the elite and the preferences of illinformed citizens. According to Gibbons, it is not clear why such information is so important. Additionally, Gibbons states that the Information Gap Problem would be less of a threat, and even no threat at all, to some types of epistocracy. Finally, from Gibbons’s perspective, there are other more pressing issues for epistocracies that are not properly addressed in my paper, such as the difficulties of assessing political competence, and the risks of abuse in epistocratic arrangements. Here I will argue that the importance of including preferences from lay citizens comes back to the goal of the epistocratic project, namely, to improve the outcomes of our democracies for everyone. As I state in the paper, lay citizen’s lived experiences are crucial to do so. Relatedly, I will show that all forms of epistocracy are in some way exclusionary, since they do involve restricting the electorate, be it directly or indirectly, which means that no matter the type, they would all be susceptible to the Information Gap Problem. As well, I will briefly address the final objection regarding competence by showing that Gibbons’s worries regarding competence are present and developed in my paper. (shrink)

This paper presents an account of the ethical and conceptual relationship between free speech and press freedom. Many authors have argued that, despite there being some common ground between them, these two liberties should be treated as properly distinct, both theoretically and practically. The core of the argument, for this “unbundling” approach, is that conflating free speech and press freedom makes it too easy for reasonable democratic regulations on press freedom to be portrayed, by their opponents, as (...) part of a programme of illiberal censorship. While we acknowledge the important grain of truth in that argument, we try to show how the alternative, “unbundling” approach can also be used to undermine or mischaracterise democratically justifiable opposition to media regulations in despotic regimes. In light of the problems on both sides, we defend a contextually-variable account of the relation between these two liberties. (shrink)

This study in moral, political, and legal philosophy contends that it is morally impermissible to circumcise male minors without a medical indication (nontherapeutic circumcision). Male minors have a moral anticipatory autonomy right-in-trust not to be circumcised. This right depends on norms of autonomy and bodily integrity. These norms generate three direct non-consequentialist arguments against nontherapeutic circumcision: (1) the loss of nonrenewable functional tissue, (2) genital salience, and (3) limits on a parental right to permanently modify their sons' bodies. An indirect (...) argument holds (4) that if it is morally impermissible to remove the female prepuce (clitoral hood), then it is also morally impermissible to remove the male prepuce (foreskin). Although there is debate across medical cultures, a reasonable understanding supports the claim that nontherapeutic circumcision causes some harms and imposes unwarranted risks on male minors. The overall moral case applies to secular circumcisions and, with some qualifications, to religious circumcisions in Judaism and Islam. Arguments of political philosophy that invoke the freedom of religion, toleration, multiculturalism, and social meaning qualify somewhat, but do not eliminate, the case against circumcising male minors without a medical indication. Nevertheless, the arguments deployed in this study do not warrant legal interference at this time with secular and religious practices of nontherapeutic circumcision. (shrink)

PDF with introduction and front and back materials. Abstract: A provocative examination of the consequences of Levinas’s and Adorno’s thought for contemporary ethics and political philosophy. This book unfolds a dialogue between Emmanuel Levinas and Theodor W. Adorno, using their thought to address contemporary environmental and social-political situations. Eric S. Nelson explores the “non-identity thinking” of Adorno and the “ethics of the Other” of Levinas with regard to three areas of concern: the ethical position of nature and “inhuman” material others (...) such as environments and animals; the bonds and tensions between ethics and religion and the formation of the self through the dynamic of violence and liberation expressed in religious discourses; and the problematic uses and limitations of liberal and republican discourses of equality, liberty, tolerance, and their presupposition of the private individual self and autonomous subject. Thinking with and beyond Levinas and Adorno, this work examines the possibility of an anarchic hospitality and solidarity between material others and sensuous embodied life. -/- “This is an extremely impressive, original, and thorough treatment of two key twentieth-century thinkers and their applicability to the most pressing social and political issues of our time.” — Jeffrey A. Bernstein, author of Leo Strauss on the Borders of Judaism, Philosophy, and History -/- “This book is an excellent and timely contribution to political and environmental philosophy, located around a nuanced historical and philosophical approach to Levinas and Adorno. It will be of great interest to anyone concerned with these figures or with the current moment.” — Martin Shuster, author of Autonomy after Auschwitz: Adorno, German Idealism, and Modernity. (shrink)

The practice of Afiye (Caste System) among the Yala communities of Cross River State of Nigeria, settled in Yala Ogoja, Yala Obubra, and Yala Ikom, is an age long practice, which no one today can precisely point to its exact origin. The practice of Afiye and the Ayiwoole (slaves and freeborn), without considering the grave consequences, here analysed as implication of the system. The implication involves the political implication which tends to hinder the political rights of members of this caste, (...) through its social structure. There is also the implication on Human Right, whereby members of this caste are denied freedom of association and movement. There is also social discrimination, which has equally affected their social standing in their different communities, such that they cannot be Ochuole (Traditional Rulers) or be allowed to participate in traditional burial rites of the traditional ruler that is regarded as the father of all. The economic factor is not left out as dispute bothering on land matters are usually and often settled in the palace and since they are the unwelcome species of human beings in the palace, there are left with no other opportunity than to be disempowered. Of course, there is the strained relationship and conflicts between the Ayiwoole and the Afiye, what Ralph Darendorf called the dialectical conflict theory. This has led to under development, Anger, bitterness and uncooperative attitude and indeed suspicion and all manners of negative tendencies among the Yala communities. It is the submission of this paper therefore, that the practice of this caste with its antecedent implications be put to a stop in order to bring about a meaningful development to Yala land. (shrink)

This article deals with Bartolome´ de Las Casas’ contribution to the notion of universal human rights. Though much study has been devoted to Las Casas’ work, what remains understudied is the Spanish philosopher’s conception of religion, which in many ways resembles what Kant called “the religion of reason.” For Las Casas, then, Christianity was conceived more as a rational system of ethics than as a compendium of Biblical and scholastic dogmas. Like the later Enlightenment philosopher Johann Gottlieb Fichte, Las Casas (...) believed that all humans belonged to the same universal community of rational beings. By examining Las Casas together with Fichte, this article sheds further light on Las Casas’ anticipatory notions of moral agency, formal freedom, rational religion, and the rights of a free people against the use of coercion—regardless of their race, religion, or culture. They are the ideas underpinning his notion of universal human rights (Paulist and Thomist in nature), and his ethics of the Other, who “is just like me”: a rational, feeling human being, deserving of equal justice and rights. (shrink)

The author has established a mathematical theory about the system of freedom in which components of freedom are ruled by the largest freedom principle, explaining how one invariant reality can be equated with the dynamical universe. Freedom as a whole is the reality, and components of freedom show variable phenomena and become a dynamic system. In freedom, component equality leads to sequence equality; therefore, various sequences coexist in the system. Because there are incompatible sequences (...) for any sequence, the interior of freedom cannot be a static sequence. In order for the system to be a whole, there must be some connecting sequences between any two sequences. Then, at every part of freedom, it is always possible to find a group of three independent sequences that, for most components, is located inside. For the sequence group, there is a sequence through which most components flow in and out. The most abundant three - sequence group and most abundant connecting sequence correspond to the space - time structure. Other incompatible sequences correspond to particles, and interactions between these sequences correspond to interactions between particles. The interactions have some symmetries similar to those in physics, such as SU (3) AND SU (2)×U (1), thus proving the feasibility of the hypothesis: the universe is equivalent with the system of freedom. (shrink)

This is a review of Christopher Insole's book, Kant and the Creation of Freedom.

Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights are based on equality and individual (...) independence. Freedom, life, and property are the three basic pillars of Locke's theory. However, many international charters that defend human rights also in some way protect personal freedom, life, and property of individuals around the world. One of the international agreements is the Convention on the Rights of the Child in the United Nations, which defends the freedom and security of children worldwide and guarantees their basic rights. In this convention, natural rights patterns, especially those of Locke, can be seen, and he is also considered the spiritual father of human rights and one of the sources of modern human rights, the foundations of natural rights. Therefore, the main purpose of this paper is to examine the foundations of natural rights in the Convention on the Rights of the Child and compare them with the foundations of John Locke. (shrink)