The aim of this paper is to show that Shaftesbury’s thinking about liberty is best understood in terms of self-mastery. To examine his understanding of liberty, I turn to a painting that he commissioned on the ancient theme of the choice of Hercules and the notes that he prepared for the artist. Questions of human choice are also present in the so-called story of an amour, which addresses the difficulties of controlling human passions. Jaffro distinguishes three notions of (...) self-control that are present in the story of an amour. Although I agree with many aspects of Jaffro’s interpretation, I question his conclusion that self- control in the Stoic sense is best reserved for ‘moral heroes.’ I propose an alternative developmental interpretation, according to which all human beings are on an intellectual journey aimed at personal and moral improvement. My interpretation takes seriously that for Shaftesbury philosophy is meant to be practical and help improve our lives. I end by arguing that rather than trying to situate Shaftesbury’s concept of liberty within debates among compatibilists and incompatibilists it is more promising to understand it in terms of self- mastery and thus regard it as a version of positive liberty. (shrink)

This article sets forth Voltaire’s philosophy of liberty. Contrary to generally accepted readings, which take Voltaire at face value rather than considering the environment in which he wrote, Voltaire had a clear normative political thought. He was an early proponent of rule of law, ordered liberty, freedom of conscience and expression, and the right to prudent rebellion against tyranny. At the root of his political theory lay a rejection of slavery, and hence of all forms of subjugation.

This paper addresses the question of whether all that unites the main parts of John Stuart Mill’s On Liberty—the liberty principle, the defense of free discussion, the promotion of individuality, and the claims concerning individual competence about one’s own good—is a general concern with individual liberty, or whether we can say something more concrete about how they are related. I attempt to show that the arguments of On Liberty exemplify Mill’s institutional design approach set out in (...) Considerations of Representative Government and related works. Mill’s approach reflects both his debt to Bentham and his own progressive development of the utilitarian tradition. The paper proceeds by setting out the elements of Mill’s institutional designs and then showing that On Liberty neatly applies them, thereby clarifying the structure of the arguments of On Liberty. (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)

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)

I begin, haltingly, and the individual begins, for John Stuart Mill, with an impulse. My impulse, in terms of Mill, is to ask after power and energy in his On Liberty. There, impulses are desires and those of the “Strong” variety are synonymous with energy (Mill 2002, p. 62). An individual with their own impulses has character and one with strong impulses governed by a strong will has energetic character. One without them has no character. I begin haltingly, in (...) part, because, insofar as my impulse is directed toward power and energy, I am unsure as to the will that may or may not govern it, whether this question reveals or begins to reveal something of my character, its degree of energy, or the lack thereof. What does it mean, in other words, to ask about power and energy in this book? Call this question the opening of an experiment in thinking. (shrink)

This paper aims to reconstruct Francis Hutcheson's thinking about liberty. Since he does not offer a detailed treatment of philosophical questions concerning liberty in his mature philosophical writings I turn to a textbook on metaphysics. We can assume that he prepared the textbook during the 1720s in Dublin. This textbook deserves more attention. First, it sheds light on Hutcheson's role as a teacher in Ireland and Scotland. Second, Hutcheson's contributions to metaphysical disputes are more original than sometimes assumed. (...) To appreciate his independent thinking, I argue, it is helpful to take the intellectual debates in Ireland into consideration, including William King's defence of free will and discussions of Shaftesbury's views in Robert Molesworth's intellectual circle. Rather than taking a stance on the philosophical disputes about liberty, I argue that Hutcheson aims to shift the focus of the debates towards practical questions concerning control of desire, cultivation of habits, and character development. (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)

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 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)

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)

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)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological (...) a priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (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.

Spinoza's use of the phrase “sui iuris” in the Tractatus Politicus gives rise to the following paradox. On the one hand, one is said to be sui iuris to the extent that one is rational; and to the extent that one is rational, one will steadfastly obey the laws of the state. However, Spinoza also states that to the extent that one adheres to the laws of the state, one is not sui iuris, but rather stands under the power [sub (...) potestate] of the state (TP 3/5). It seems, then, that to the extent that one is sui iuris, one will not, in fact, be sui iuris. In this paper, I offer an interpretation of Spinoza's notion of being sui iuris that enables us to overcome this paradox and sheds light on Spinoza's relationship to the republican tradition. I work towards this goal by distinguishing between two ways in which Spinoza uses the locution, which correspond to two different conceptions of power: potentia and potestas. This distinction not only allows us to save Spinoza from internal inconsistency, it also enables us to see one important way in which Spinoza stands outside of the republican tradition, since he conceives of liberty not as constituted by independence, or citizenship in a res publica, but as being sui iuris in the first sense described above: being powerful. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which (...) employ the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

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)

In his correspondence, John Locke described his close friend Damaris Masham as ‘a determined foe to ecclesiastical tyranny’ and someone who had ‘the greatest aversion to all persecution on account of religious matters.’ In her short biography of Locke, Masham returned the compliment by commending Locke for convincing others that ‘Liberty of Conscience is the unquestionable Right of Mankind.’ These comments attest to Masham’s personal commitment to the cause of religious liberty. Thus far, however, there has been no (...) scholarly discussion of the tolerationist ethic underlying Masham’s 1705 publication, Occasional Thoughts. In this chapter, I argue that Masham’s work appeals to three common tolerationist principles of her time: the idea that the authorities should not use coercion and penalties as ways of imposing religious beliefs on others; the view that God requires human beings to attain salvation through their own efforts, and not by blindly following the dictates of the state-established religion; and the idea that the granting of liberty of conscience helps to ensure the peace and stability of political society. I show that Masham goes further than her tolerationist contemporaries by arguing that together these principles imply that a woman’s intellectual education—or the conscious cultivation of a woman’s ability to reflect critically on her religious beliefs—is vital for the good of the commonwealth. (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)

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)

The Zwolinski 2013 "libertarianism and liberty" essays on libertarianism_org are argued to have the following problems: taking libertarianism to be a "commitment" to the view that "liberty is the highest political value" ; examining and rejecting the maximization of liberty without a libertarian theory of liberty; accepting a persuasive sense of "coercion" ; misunderstandingliberty in the work place; conflating, to varying degrees, freedom of action and freedom from aggression and justice/rights/morals; focusing on logically possible clashes instead (...) of practically possible congruence among utility, liberty, and justice – in particular, that "rule (preference-)utilitarianism" fits "rule libertarianism" ; failing to distinguish liberty from license (and power) concerning slavery, and so-called "civil and democratic liberties" (and everything else); the idea that any coherent reference to a quantity of liberty requires precise cardinality; failing to see that the quantity of liberty has an inherently qualitative aspect; misunderstanding property as about limiting freedom; mistaking clashing Hobbesian freedom for non-clashing Lockean liberty; adopting G. A. Cohen's confusion about freedom as the libertarian conception of freedom; assuming the – illogical – epistemology of justification" ; not realizing that both allowing and prohibiting pollution "aggresses" and so "aggressions" need to be minimized; the failure of all six of its reasons for rejecting the non-aggression principle. (shrink)

The ‘Warsaw School of History of Ideas’ is the name given to a ‘revisionist think tank’ which was led by the historian Bronisław Baczko from 1956 to 1968 in Communist Poland. This group reunited scholars like Leszek Kołakowski or Krzysztof Pomian around questions related to political believes, theological conceptions or utopian thought. Expelled from the University, B. Baczko left Poland and seek shelter in Geneva where he became a Professor of history of Ideas and historiography. In his new home, he (...) developed an original vision on Enlightenment and the French Revolution. (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)

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)

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)

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)

This paper examines the link between political liberties and social equality, and contends that the former are constitutive of, i.e. necessary to secure, the latter. Although this constitutive link is often assumed in the literature on political liberties, the reasons why it holds true remain largely unexplored. Three such reasons are examined here. First, political liberties are constitutive of social equality because they bestow political power on their holders, leaving disenfranchised individuals excluded from decisions that are particularly pervasive, coercively enforced, (...) hard to avoid, monopolistic, and final. Second, they are constitutive of social equality due to their positional value, such that those who are denied such liberties are socially downgraded because and to the extent that others enjoy them. Third, they are constitutive of social equality due to their expressive value, in the sense that, by disenfranchising some individuals, the state publicly fails to recognize their equal moral agency. While unpacking these reasons, we address some criticisms of this constitutive link recently raised by Steven Wall and Jason Brennan. (shrink)

The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law (...) forbids and is otherwise left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a set of “necessary relations” that citizens must form. The result is that a life of liberty is defined in a significant way by the laws that bind a citizen because liberty is not the freedom to construct different ways of life, but the freedom to live securely within a particular way of life. I highlight this overlooked feature of The Spirit of the Laws by mobilizing Aron, Althusser and Durkheim’s work on the law in Montesquieu to draw out the implications of Montesquieu’s notion of law for liberty. (shrink)

Economic liberty is best understood in opposition to economic domination. This article develops a radical republican conception of such domination. In particular, I argue that radical republicanism provides a more satisfactory account of individual economic freedom than the market-friendly liberties of working, transacting, holding, and using championed by Nickel and Tomasi. So too, it avoids the pitfalls of other conceptions of economic liberty which emphasize real freedom, alternatives to immiserating work, or unalienated labor. The resulting theory holds that (...) economic domination occurs when someone’s access to civic capabilities is contingent on the arbitrary economic power of others. Socialist institutions—suitably configured—can deliver on this individual economic freedom, allowing the dominating power of proprietors, shareholders, landlords, and managers to be kept in check, and providing an unconditional minimum that allows individual citizens to be less beholden to others in meeting many of their most fundamental civic needs. Thus, I conclude that socialism can be championed as a politics of individual economic liberty. (shrink)

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live (...) in today? At the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

Adam Ferguson’s imperial thought casts new light on the age-old republican dilemma of the tension between empire and liberty. Generations of republican writers had been haunted by this issue as the decline of Rome proved that imperial expansion would eventually ruin the liberty of a state. Many eighteenth-century Scottish thinkers regarded this as an insoluble conundrum and thus became critics of empire. Ferguson shared their basic views but, paradoxically, was still able to defend the British Empire in the (...) debates over the American Revolution. His argument effectively offered a viable solution to the republican dilemma, which distinguished him from his contemporaries. In light of this, I argue that political representation was the pivotal conception for Ferguson to make empire and liberty compatible. It was on this ground that he could advocate the union with Ireland, which he believed would lead to a lasting balance of power in Europe. -/- ; British Empire; liberty; balance of power; political representation; American Revolution; Anglo-Irish Union. (shrink)

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' (...) War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

The idea that healthcare should become more person-centred is extremely influential. By using recent English policy developments as a case study, this article aims to critically analyse an important element of person-centred care, namely, the belief that to treat patients as persons is to think that care should be ‘co-produced’ by formal healthcare providers and patients together with unpaid carers and voluntary organizations. I draw on insights from political philosophy to highlight overlooked tensions between co-production and values like equality and (...) liberty. Regarding equality, I argue that co-production compounds both problems of gender inequality in the distribution of care labour and the challenges associated with securing equal access to care. Turning to liberty, I identify important commonalities between co-production and republicanism in political philosophy, given their shared insistence on common citizens’ civic virtue. Then, I use against co-production some liberal arguments against republicanism, to highlight a problem of over-demandingness. In bringing my argument to a close, however, I wish to caution against hastily rejecting co-production as a policy programme. (shrink)

The object of the study is to introduce an innovative approach to the long-lasting theoretical discussion about the meaning and extent of political liberty in a modern democratic society. The suggested way to explain why the democratic political order as such might give rise to considerable challenges for political liberty introduces the classical virtue of courage as a possible key explanatory factor underlying the major tensions that emerge between democracy and liberty. Such approach provides some new insights (...) into the debate about the origins, limits, and political perspectives of modern democracies. The analysis starts by conceptualizing modern democracy as a political form which expresses a specific ethical idea about the natural equality of people. Generally, it means that egalitarianism is the founding idea and moral purpose of a democratic political system, which tends to develop into a modern type of representative government and civil society. The second part of our analysis emphasizes the fact that liberty is by nature a political fact achieved only by practical participation of an individual in public life, and which cannot be reduced to formal, legal, economic or moral categories. Liberty, being a principle of public action, requires the capacity of a person to risk his personal wealth and safety for the sake of the common good. The third part of the analysis explains the crucial importance of the virtue of courage to the whole political life, as it is an ethical idea which aims at building such a character of a person that is capable and motivated to live an active public life. It is the virtue of courage that makes an individual morally fit and eager to practice liberty, as well as ready to defend it against any acts of despotism. Finally, the analysis assesses the diminishing role of courage due to the egalitarian public order of a democracy, resulting in adverse effects on liberty. The conclusions of the article highlight several points which are noted below. In a democratic society, courage loses its status as a virtue; thus, individuals become less capable and less motivated to live an active public life. Democracy rests on the principle that implies establishing and protecting the equality of its citizens, while the virtue of courage expresses an implicit distaste for egalitarianism and encourages people to strive for an ethically superior status than that of all the rest, i.e. it makes a clear hierarchical distinction between cowards, conformists, and heroes. That’s why democracy banishes courage from its equality favoring public life, depriving it of its ethical status. The decline of this virtue makes the practice of liberty more complicated as individuals lose interest in risking their private wealth and safety for the sake of the common good. The diminishing capacity and interest of citizens in democracy to live an active public life, while giving preference to social equality which requires no personal effort, is a major problem for political liberty. As people become indifferent to the pursuit of the common good, liberty becomes inactive, and the political community becomes less immune to various manifestations of despotism. (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)

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)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty (...) of conscience requires a secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting (...) corvid bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core (...) civil liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (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)

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)

The aim of this essay is to clarify the meaning and extent of Kant's liberalism by contrasting some of his key ideas to those of Burke, Hobbes, Machiavelli, Nozick, Rawls, and Schmitt. My claim is that Kant's political philosophy navigates the path between the extremes of liberalism and conservatism, just as his theoretical philosophy tries to navigate between dogmatism and skepticism, and that current liberal claim on Kant has important limitations in Kant's letter, as well as in spirit.

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also (...) as a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

In this note, written for a Book Symposium on Joseph Raz’ 'Morality of Freedom', I examine the extent to which the book succeeds in meeting what he calls the ‘‘revisionist challenge’’ to theories of liberty. Raz locates the revisionist challenge in the work of Ronald Dworkin and John Rawls. It has two separable aspects. The first is to deny that liberty is intrinsically valuable, and to claim rather that ‘‘those who wrote and talked of the value of (...) class='Hi'>liberty really cherished not liberty but something else,’’ such as justice or equality. The second is to claim that this ‘‘something else’’ need refers not to one particular value, but rather to a ‘‘complex of values’’, such as might be captured by Rawls’ list of the basic liberties. Raz’ ultimate goal is to defend a conception of personal liberty on which is not only intrinsically valuable, but has a unity provided by an underlying 'core' in the ideal of personal autonomy. I suggest that Raz' formulation of the ideal of personal freedom, while undoubtedly impressive, does not fully respond to the revisionist challenge. (shrink)

Economic disparities often translate into disparities in political influence, rendering political liberties less worthy to poor citizens than to wealthier ones. Concerned with this, Rawls advocated that a guarantee of the fair value of political liberties be included in the first principle of justice as fairness, with significant regulatory and distributive implications. He nonetheless supplied little examination of the content and grounding of such guarantee, which we here offer. After examining three uncompelling arguments in its favor, we complete a more (...) promising yet less explored argument that builds on the value of self-respect. We first inspect the conditions and duties that securing self-respect entails. We then look into how uneven allocations of the value of political liberties bear, expressively and due to the power imbalances they yield, on such conditions and duties. (shrink)

Justice is about political ideals on how to accommodate differences that are natural among basically heterogeneous human beings. In many ways, justice is remarkably complicated because of the alleged conflict between the demands of equality and the concern that people should have as much liberty available. The author argues in this essay that the ideal of equality and liberty can be reconciled into the liberal ideal of fairness. This compromise view accounts as a justification for coercive institutions and (...) obligations and a tenable basis for a practical definition of rights and justice in general. The author does this by going through the philosophical presuppositions of the different theories of justice. His examination focuses on rendering analytic clarity to the ideal of equality, liberty, and the value of community. (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)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension (...) between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)