Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also (...) promote negative freedom by reducing overall interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal (...) analysis of this rule-of-law requirement and compare liberal and republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Republicans hold that people are dominated merely in virtue of others' having unconstrained abilities to frustrate their choices. They argue further that public officials may dominate citizens unless subject to popular control. Critics identify a dilemma. To maintain the possibility of popular control, republicans must attribute to the people an ability to control public officials merely in virtue of the possibility that they might coordinate their actions. But if the possibility of coordination suffices for attributing abilities to groups, then, even (...) in the best case, countless groups will be dominating because it will be possible for their members to coordinate their actions with the aim of frustrating others' choices. We argue the dilemma is apparent only. To make our argument, we present a novel interpretation of the republican concept of domination with the help of a game-theoretic model that clarifies the significance of collective action problems for republican theory. (shrink)

Some argue that republican freedom is impossible because since it is always possible that a person or a group of persons possesses arbitrary power to interfere with individuals, no one is free to do anything. To avoid this challenge, in their recent article, Sean Ingham and Frank Lovett invoke the notion of ignorability in terms of which they offer a moderate interpretation of republican freedom. On their view, B is free from A to φ if A’s (...) possible types who prefer to intervene with B’s φ-ing are ignorable. They also try to show that freedom is not determined by the probability of an intervention. However, we argue that they fail to do this and that freedom as non-domination is not entailed by ignorability. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

While the image of the slave as the antithesis of the freeman is central to republican freedom, it is striking to note that slaves themselves have not contributed to how this condition is understood. The result is a one-sided conception of both freedom and slavery, which leaves republicanism unable to provide an equal and robust protection for historically outcast people. I draw on the work of Frederick Douglass – long overlooked as a significant contributor to republican (...) theory – to show one way why this is so. Focusing the American Revolution, the subsequent republican government established new political institutions to maintain the collective interests of the whole population. The political revolution was held in place by processes of public reason that reflected the values and ideas of the people that had rebelled. The black population, however, had not been part of this revolution. After emancipation, black Americans were required to accept terms of citizenship that had already been defined, leaving them socially dominated, subject to the prejudices and biases within the prevailing ideas of public discourse. Douglass argued that republican freedom under law is always dependent on a more fundamental revolution, that he calls a ‘radical revolution in thought’, in which the entire system of social norms and practices are reworked together by members of all constituent social groups – women and men, black and white, rich and poor – so that it reflects a genuinely collaborative achievement. Only then can we begin the republican project of contestatory freedom as independence or non-domination that today’s republicans take for granted. (shrink)

Recently, professors Christian List and Laura Valentini attempt to develop a new concept of freedom, criticizing the ones under the liberal and republican traditions. Their strategy is to find a concept of freedom satisfying the robust and nonmoralized conditions and to argue that the liberal and republican conceptions are not plausible. However, my view is that List and Valentini do not reasonably criticize the republican conception led by Philip Pettit. In other words, they do not (...) see the real problem of republican freedom so that the straw man fallacy would arise. The real issue for the republican freedom is the problem of political legitimacy, not the nonmoralized one. In this paper, I would like to examine the arguments from List and Valentini to explain why the real problem of republican freedom is the problem of political legitimacy. I would also explain that if we can take the issue seriously, then we know the relationship between the political freedom and the institution in a further step. (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)

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

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and (...) is superior to, this more basic concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

The republican case for workplace democracy is presented and defended from two alternative means of ensuring freedom from arbitrary interference in the firm—namely, the right to freely exit the firm and workplace regulation. This paper shows, respectively, that costless exit is neither possible nor desirable in either perfect or imperfect labor markets, and that managerial discretion is both desirable and inevitable due to the incompleteness of employment contracts and labor legislation. The paper then shows that WD is necessary, (...) from a republican standpoint, if workers’ interests are to be adequately tracked in the exercise of managerial authority. Three important objections are finally addressed— that WD is redundant, that it is unnecessary provided that litigation and unionism can produce similar outcomes, and that it falls short of ensuring republican freedom compared to self-employment. (shrink)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, (...) it is not moralized. We show that freedom as independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure (...) negative freedom is clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

My paper is on the republican version of patriotism and its justification, as developed most systematically by Philip Pettit and Maurizio Viroli. The essence of the justification is as follows: patriotism is to be viewed as valuable insofar as it is an indispensable instrument for the upholding of the central republican ideal, namely freedom understood as non-domination. My primary aim is to evaluate the normative force of this justification. In the first section, I introduce minimal descriptive definitions (...) of the concepts of patriotism and the patria. Second, I reconstruct the republican patria-ideal to which patriotism is linked to. In the third section, I reconstruct the republican justification of patriotism. Finally, I ask what we justify when we justify republican patriotism. Two views are prevalent in this regard. According to the first, republican patriotic motivation, similarly to its justification, ought to be instrumental itself too. I argue that this view is untenable, since it is in tension with the minimal definition of patriotism. The conclusion is that the other view – according to which the patriotic motivation ought to be of intrinsic character – possesses greater normative force. (shrink)

This paper presents a critique of left republican writings from a non-republican socialist standpoint. It examines three claims that have been advanced by left republican authors: that workers are dominated 1) by their lack of access to the means of production; 2) by the market; and 3) by their employer. With regard to 1) and 2), it argues that alternative conceptions of freedom can identify the unfreedom in question, and that there are good reasons for pressing (...) these complaints on the basis of these alternative conceptions. With regard to 3), it argues that, while alternative conceptions of freedom may be able to identify the unfreedom in question, republican freedom provides a more suitable basis for pressing this claim. It concludes that while left republicans have shown that socialists have reason to care about republican freedom, they have not shown that socialists should adopt republican freedom at the expense of other conceptions of freedom. (shrink)

Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so (...) it appears, the obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches. (shrink)

The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any (...) international agency or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies. (shrink)

Contemporary proponents of republican political theory often focus on the concept of freedom as non-domination, and how best to promote it within a state. However, there is little attention paid to what the republican conception of freedom demands in the international realm. In this essay I examine what is required for an agent to enjoy freedom as non-domination, and argue that this might only be achieved for individuals if one of two possibilities is pursued internationally: (...) either (1) all nations are made equally powerful, such that none may arbitrarily impose its will on another without penalty, or (2) all nations are joined under a global sovereign which guarantees that the weaker states are not subject to the whims of the stronger. I further argue that the first condition cannot suffice for achieving true non-domination, and as a result, republicanism must prescribe working toward the establishment of a global state. This paper provides an important contribution to the literature by addressing the international implications of the republican conception of freedom. (shrink)

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that (...) republicanism demands such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

Catharine Macaulay was one of the most significant republican writers of her generation. Although there has been a revival of interest in Macaulay amongst feminists and intellectual historians, neo-republican writers have yet to examine the theoretical content of her work in any depth. Since she anticipates and addresses a number of themes that still preoccupy republicans, this neglect represents a serious loss to the discipline. I examine Macaulay’s conception of freedom, showing how she uses the often misunderstood (...) notion of virtue to reconcile the individual and collective elements inherent in the republican model. In her own analysis of the deep-rooted social obstacles that stand in the way of women becoming free, Macaulay identifies a serious problem that confronts all republicans, namely how to secure freedom in the face of entrenched structural imbalances that systematically disadvantage certain classes of person. In the end, I conclude that Macaulay herself cannot overcome the issues she raises. This in no way diminishes the importance of her work since her diagnosis is as relevant today as in her own time. (shrink)

Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying the concern (...) lies with arguing that state coercion need not be dominating; and that this is possible only within the republican theory that identifies freedom with the absence of domination, not interference. (shrink)

This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are (...) recommended for securing freedom in the context of the legal regulation of psychological disability: self-authorisation techniques and participatory shaping of power. The result is a series of proposals for the reform of decisional capacity law, including a transition towards purely functional assessment of decisional capacity, surer legal footing for advanced care planning, and greater control over the design and administration of decision-making capacity laws by those with psychological disabilities. (shrink)

It is a core feature of the conception of freedom as non-domination that freedom requires the absence of exposure to arbitrary power across a range of relevant possible worlds. While this modal robustness is critical to the analysis of paradigm cases of unfreedom such as slavery, critics such as Gerald Gaus have argued that it leads to absurd conclusions, with barely-felt constraints appearing as sources of unfreedom. I aim to clarify the demands of the modal robustness requirement, and (...) offer a reinterpretation of its place in the conceptual framework of freedom as non-domination. I illustrate this point through a discussion of low-probability threats of interference which are central to Gaus’s critique, which I term ‘distant threats’. I argue that those committed to robust conceptions of freedom should still be concerned by these kinds of threats, which will sometimes constitute genuine sources of unfreedom. But rather than leading to absurd conclusions, we should instead view them as diagnostic of deficiencies within existing regimes of non-domination. The challenge posed by distant threats of domination to the republican conception of freedom does not prove it implausible, but illustrates some of its most important insights about the social and economic conditions of free status, and the fragility of that freedom. (shrink)

The republican ideal of non-domination identifies the capacity for arbitrary interference as a fundamental threat to liberty that can generate fearful uncertainty and servility in those dominated. I argue that republican accounts of domination can provide a powerful analysis of the nature of legal and institutional power that is encountered by people with mental disorders or cognitive disabilities. In doing so, I demonstrate that non-domination is an ideal which is pertinent, distinctive, and desirable in thinking through psychological disability. (...) Finally, I evaluate republican strategies for contesting domination, focusing on the limits of contestatory democracy, and proposing a participatory alternative which better addresses problems of political agency in the mentally disordered and cognitively disabled. (shrink)

Human life in contemporary society is extremely complex and there are various external factors that directly affect the realization in the individual ends. In this work I analyze the effects of the global market economy, manifested by a mode of production and distribution of goods and services in the form of a global network of economic relations, which involve people, transnational corporations and political and social institutions in moral sphere of people, affecting their choices and the realization of these choices. (...) Individual freedom can be understand as a freedom to realize our choices in the environment of a global economic market, but it is still problematic in the sense that the choices of goods and services available in this market do not reflect individual choices, but a set of preferences standardized according to the market itself. In this paper I will reflect about the individual freedom in economic globalization pointing from the debate between Pettit and Berlin that social freedom advocated by Republican Petit can be satisfactory for a start. (shrink)

There are two rival images often offered of the state. In one the state serves like a nanny to provide for the welfare of its members; in the other it requires people to look after themselves, providing only the service of a night-watchman. But this dichotomy, which is routinely invoked in debates about public health and welfare provision in general, is misleading. What the rival images turn on is not competing pictures of how the state should function in people's lives (...) but competing pictures of what it is to guard the freedom of its people. On the neo-liberal theory, which has been dominant over the last century or so, providing for people's freedom means leaving them to their own devices and fortunes. On the neo-republican theory, which answers to a much longer tradition, it means democratically identifying a common set of basic liberties in the exercise of which everyone should be protected by law and, if necessary, resourced. This older way of thinking about freedom has important merits missing in the newer and argues strongly against the nightwatchman state. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

Pettit endorses a ‘republican’ conception of social freedom of the person as consisting of a state of non-domination, and takes this to refute Mill’s ‘liberal’ claim that non-domineering but coercive interference can compromise social freedom of choice. This paper argues that Pettit’s interpretation is true to the extent that Mill believes that the legitimate, non-arbitrary and just coercion of would-be dominators, for the sake of preventing them from dominating others, can render them unfree to choose to do (...) so without rendering them socially unfree (qua dominated) persons in their own right. However, contra Pettit, Mill is correct to reject the ‘republican’ view for at least two reasons. Firstly, it enables him to avoid commitment to the implausible implication that would-be dominators who sincerely deny any interest in a shared system of basic liberties are automatically rendered unfree persons by the coercion necessary to uphold such a system. Secondly, it enables him to avoid begging the question against ‘immoralists’ like Nietzsche, whose opposition to systems of reciprocal non-domination is at least partly motivated by the losses of social freedom of choice they entail for those they deem to be worthy of dominating others. (shrink)

In spite of its everyday connotations, the term independence as republicans understand it is not a celebration of individualism or self-reliance but embodies an acknowledgement of the importance of personal and social relationships in people’s lives. It reflects our connectedness rather than separateness and is in this regard a relational ideal. Properly understood, independence is a useful concept in addressing a fundamental problem in social philosophy that has preoccupied theorists of relational autonomy, namely how to reconcile the idea of individual (...) human agency with the inevitable and necessary influence of other people, both directly and indirectly. I derive my account from the work of Mary Wollstonecraft and Catharine Macaulay, whose contributions have remained largely overlooked by current republican theorists. I have three purposes in this chapter. First, I set out the relational character of independence. Secondly, I outline a republican approach to the problem of structural social threats to agency. Finally, I hope to establish the basis for a fruitful dialogue between republicans and relational autonomy theorists on the requirements and dynamics of individual agency and freedom in oppressive social situations. I identify three distinctive features of the internal logic of freedom as independence that give it a relational character: it always locates the person within a community; there is a mediating role played by the notion of arbitrariness in connecting individual and collective perspectives; a causal relationship exists linking each person’s freedom as independence such that that the dependence of one class of persons jeopardizes the independence of the whole community. (shrink)

While the challenges workers face in the gig economy are now well-known, reflections on emancipatory solutions in political philosophy are still underdeveloped. Some have pleaded for enhancing workers' bargaining power through unionisation; others for enhancing exit options in the labour market. Both strategies, however, come with unin-tended side-effects and do not exhaust the full potential for worker self-government present in the digital gig economy. Using the republican theory of freedom as non-domination , I argue that G.D.H. Cole's 20th-century (...) defence of guild socialism offers a promising avenue for enhancing worker autonomy in the gig economy. Platform companies rely on relational and structural domination to undermine worker autonomy, but Cole's guild socialism was specifically designed to enhance autonomy in the workplace. Following Cole's advice today would amount to a defence of worker-owned cooperative platforms. By putting workers in control of platform design and governance, cooperative platforms create new opportunities for worker autonomy. However, platform coopera-tivism faces serious challenges if it plans on becoming a realistic alternative to the traditional gig economy. (shrink)

Quentin Skinner’s dedication to investigating Hobbes’s concept of liberty in a number of essays and books has born some unusual fruit. Not only do we see the enormous problems that Hobbes set himself by proceeding as he did, but Skinner’s careful analysis allows us to chart Hobbes’ ingenuity as he tried to steer a path between the Charybdis of determinism and the Scylla of voluntarism – not very successfully, as we shall see. The upshot is a theory of individual (...) class='Hi'>freedom and civil liberty to challenge the classical republican traditionThis Article does not have an abstract. (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 is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on licenses, (...) and to our account of the four facets of intellectual freedom. We find important conflicts with each. (shrink)

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of (...) law, as Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of (...) his time, Hegel was committed to expand the scope of a free economy and concurrently to ensure that the social practice of subjective freedom did not endanger political stability and order. Aware that a system of mutual advantage failed to integrate the members of civil society and that profound social disharmonies were ineradicable, Hegel adopted the views of the French liberal _doctrinaires_, who sought to realize the principles of the French Revolution by supporting Louis XVIII’s sovereign assertion of the monarchical principle. Not surprisingly, Hegel hailed the French _Charte_ of June 1814 as a beacon of freedom. Endorsement of the monarchical principle was meant to prevent the atomized individuals of civil society from gaining control of the state through appeals to popular sovereignty. This challenges most conventional interpretations of Hegel’s theory of the state and draws it closer to the conservative-authoritarian end of the political spectrum than is usual. (shrink)

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

It is common to think that state enforcement is a restriction on freedom that is morally permitted or justified because of the unfortunate circumstances in which we find ourselves. Human frailty and material scarcity combine to make the compromise of freedom involved in exclusive state enforcement power necessary for other freedoms or other goods. In the words of James Madison, ‘if men were angels, no government would be necessary’ (1990: 267). But there is an opposing tradition, according to (...) which the very idea of freedom in society entails the necessity of state enforcement. However morally good human beings are, or whatever material conditions they find themselves in, on this view, the ideal of freedom we ought to be concerned to realise is such that it cannot be attained without state enforcement. It follows a priori from an important ideal of freedom that a state with exclusive enforcement power is necessary for individual liberty in society. In this paper, I argue against what I take to be the strongest argument of the a priori kind, which begins from the neo-republican ideal of freedom as non-domination, and thereby in (partial) defence of the alternative, Madisonian, view. Insofar as it is true that some sort of problematic domination will inevitably be present in a stateless society, I argue, the introduction of a state can do nothing to eliminate it. For the state to improve on even an ideal stateless society, it would need to give individuals control over the interference of potential dominators of a sort that could not be achieved in the ideal stateless society. -/- . (shrink)

Recently, scholars have criticized what they call the “Kantian-Republican” thesis of freedom as non-domination. The main complaint is that domination is unavoidable. This concern can be separated into the problem of state domination, which suggests that the state's intervening powers necessarily dominate its citizens, and the problem of majority domination, which suggests that the People necessarily dominate individual citizen as a result of the potential to form dominating majorities.

In republican political philosophy, citizenship is a status that is constituted by one’s participation in the public life of the polity. In its traditional formulation, republican citizenship is an exclusionary and hierarchical way of defining a polity’s membership, because the domain of activity that qualifies as participating in the polity’s public life is highly restricted. I argue that Black American abolitionist Frederick Douglass advances a radically inclusive conception of republican citizenship by articulating a deeply capacious account of (...) what it means to participate in the public life of the polity. On Douglass’s conception of republican citizenship, what it means to contribute to the polity, and thereby be a citizen, is to act in ways that contest and shape what the polity values. We contest and shape what the polity values not only through public discourse traditionally conceived or grand political acts like revolt, but also through quotidian forms of social interaction. In his pre-American Civil War political thought, Douglass deployed his radically inclusive account of republican citizenship as the conceptual foundation of his stance that enslaved and nominally free Black Americans were already, in the 1850s, American citizens whom the polity ought to acknowledge as such. The everyday resistance in which enslaved Black Americans engaged—their plantation politics—is, for Douglass, a paradigmatic type of citizenship-constituting activity, because it involves modes of collaboration and confrontation that enact a recognition of mutual vulnerability and embody the assertion that one matters. Douglass’s conception of republican citizenship offers a normative framework for emancipatory struggles that strive to secure meaningful membership for the marginalized through the transformation of unjust polities. (shrink)

Against caricatures of the poet-philosopher Friedrich Schiller as an unoriginal popularizer of Kant, or a forerunner of totalitarianism, Frederick Beiser reinterprets him as an innovative, classical republican, broadening his analysis to include Schiller’s poetry, plays, and essays not widely available in English translation, such as the remarkable essay, “On Grace and Dignity.” In that spirit, the present article argues that the latter text, misperceived by Anglophone critics as self-contradictory, is better understood as centering on gender and dance. In brief, (...) grace is a virtuous power of beautiful gestures associated with women, while dignity is a power of sublime gestures associated with men, and the improvised combination thereof is a divinely androgynous power of gesture that I term “stateliness,” in a three-step choreography of aesthetic education. (shrink)

What is 'positive freedom'? Whereas negative freedom may be characterised as an absence of coercion or physical prevention, and republican freedom as an absence of interpersonal domination, positive freedom resists such pithy treatment. The term is widely taken to refer to a variety of seemingly distinct goods, including but not limited to actually exercisable options or capabilities, collective self-determination, psychological self-government, and self-realisation or flourishing. In this paper I aim to bring the positive conception into (...) better focus by tracing the positive tradition through some of its twists and turns, and considering in what ways it might qualify as a single tradition. Drawing on the lessons of this survey, I then suggest a way of thinking about the nature of positive freedom that’s both principled and historically informed. (shrink)

This article argues that economic crises are incompatible with the realisation of non-domination in capitalist societies. The ineradicable risk that an economic crisis will occur undermines the robust security of the conditions of non-domination for all citizens, not only those who are harmed by a crisis. I begin by demonstrating that the unemployment caused by economic crises violates the egalitarian dimensions of freedom as non-domination. The lack of employment constitutes an exclusion from the social bases of self-respect, and from (...) a practice of mutual social contribution crucial to the intersubjective affirmation of one’s status. While this argument shows that republicans must be concerned about economic crises, I suggest a more powerful argument can be grounded in the republican requirement that freedom must be robust. The systemic risk of economic crisis constitutes a threat to the conditions of free citizenship that cannot be nullified using policy mechanisms. As a result, republicans appear to be faced with the choice of revising their commitments or rejecting the possibility that republican freedom can be robustly secured in capitalist societies. (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)

According to Philip Pettit, we should understand republican liberty, freedom as ‘non-domination,’ as a ‘supreme political value.’ It is its commitment to freedom as non-domination, Pettit claims, that distinguishes republicanism from various forms of liberal egalitarianism, including the political liberalism of John Rawls. I explain that Rawlsian political liberalism is committed to a form of non-domination, namely, a ‘political’ conception, which is: (a) limited in its scope to the ‘basic structure of society,’ and (b) ‘freestanding’ in nature (...) (that is, compatible with the ‘fact of reasonable pluralism’). I show that the political conception of non-domination is an integral part of political liberalism through an exploration of the kind of citizenship education that political liberalism mandates for all students. Such an education would impart to future citizen the skills and knowledge necessary for them to realize republican freedom vis-à-vis their political institutions, their workplaces, and, by means of an enforceable ‘right of exit,’ the various associations to which they might belong. (shrink)

This article criticizes radical labor republicanism on republican grounds. I show that its demand for universal workplace democracy via workers’ cooperatives conflicts with republican freedom along three different dimensions: first, freedom to choose an occupation…and not to choose one; second, freedom within the very cooperatives that workers are to democratically govern; and third, freedom within the newly proletarian state. In the conclusion, I ask whether these criticisms apply, at least in part, to the more (...) modest, incrementalist strand of labor republicanism. To the extent that they do, delaboring republicanism might be the best response. (shrink)

I develop a socialist republican conception of economic liberty and show how it can be used to understand the domination of workers. It holds that both paid and unpaid workers can be deprived of economic freedom when they are exposed to an arbitrary power to undermine their access to the economic capabilities needed for civic equality. Measures intended to reduce domination are recommended, including public ownership of productive property, workplace democracy, and robust unconditional basic income and services. Finally, (...) I discuss the implications of this approach for platform capitalism, digital surveillance, the rise of automation, and post-work politics. (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)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, republican (...) background of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)