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)

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)

There have been many different historical-intellectual accounts of the shaping and development of concepts of liberty in pre-Enlightenment Europe. This volume is unique for addressing the subject of liberty principally as it is discussed in the writings of women philosophers, and as it is theorized with respect to women and their lives, during this period. The volume covers ethical, political, metaphysical, and religious notions of liberty, with some chapters discussing women's ideas about the metaphysics of free will, (...) and others examining the topic of women's freedom in their moral and personal lives as well as in the public socio-political domain. In some cases, these topics are situated in relation to the emergence of the concept of autonomy in the late eighteenth century, and in others, with respect to recent feminist theorizing about relational autonomy and internalized oppression. Many of the chapters draw upon a wide range of genres, including polemical texts, poetry, plays, and other forms of fiction, as well as standard philosophical treatises. Taken as a whole, this volume shows how crucial it is to recover the too-long forgotten views of female and women-friendly male philosophers of the seventeenth and eighteenth centuries. In the process of recovering these voices, our understanding of philosophy in the early modern period is not only expanded, but also significantly enhanced, toward a more accurate and gender-inclusive history of our discipline. (shrink)

Artificial Intelligence refers to developing computer systems and machines that can perform tasks that usually require human intelligence. AI is an evolving field, and researchers and engineers continue to explore and develop new techniques and technologies to enhance its capabilities. The impact of AI on religions is not entirely predictable. AI is likely to affect religions or be affected by them in various ways, some of which are already becoming apparent. As with any new technology, it is up to individuals (...) and religious communities to decide how to incorporate AI into their beliefs and practices. It is worth mentioning that the mutual relevance of Sikhism and AI is likely to be complex and multifaceted. It will depend on how AI is developed, implemented, and used and the attitudes and beliefs of individual Sikhs and the Sikh community. (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)

Sikhism, the fifth-largest organized religion in the world, was founded in the fifteenth century in Punjab, India. Guru Nanak Dev and his successor Sikh Gurus established this system of religious philosophy. The sacred scripture, Sri Guru Granth Sahib, is the present Guru of the Sikhs. The religious philosophy of Sikhism is traditionally known as Gurmat. Sikhism originated from the word Sikh, having the Sanskrit root śiṣya meaning "disciple" or "learner." With about 27 million followers or 0.39% of (...) the world population [4], approximately 83% of the Sikhs live in India. Islam is the religion articulated by the Holy Quran, a religious book. Its adherents consider it the verbatim word of the one incomparable God (Allah). The Muslims live by following the Prophet of Islam Hazrat Muhammad's demonstrations and real-life examples (Sunnah). The Sunnah has been collected through Prophet Hazrat Muhammad's companions' narration in collections of Hadith. Islam means submission to God. The word Islam is derived from the Arabic word "Salam," which means peace. With about 1.7 billion followers or 23% of the global population, Islam is the second-largest religion by the number of its adherents. (shrink)

Sikhism is one of the five major world religions. It has the unique distinction of being the only one that arose in the second millennium. Sikhism, a modern religious philosophy propounded by our Gurus, is not an individualistic religion meant for personal salvation. To is meant to usher world peace by its moral authority. The "Granth and Panth" is a philosophy for the total emancipation of mankind. Arnold Toynbee has observed that the Sikh religion had the potential of (...) ushering in a new, higher civilization qualitatively different from the earlier Indic and Hindu civilizations. The potential of the Sikh religion, its elan vital, can play a dominant role in shaping the 21st-century society. There are numerous problems that confront people of all religions. Some of these (as listed below) pose serious challenges to the followers of the Sikh religion in the present century. (shrink)

Wesley Newcomb Hohfeld was an American jurist who published a series of articles between 1909 and 1917 that were very important for 20th century analytical philosophy of right. In these articles, Hohfeld analyzed how jurists and judges alike use the word ‘right’ to speak of the rights of groups and individuals. Since he presented his articles, it has been commonplace among ‘hohfeldian specialists’ to distinguish rights into four groups: privileges, or claims, powers and immunities. This paper has four sections. In (...) section I, I present Hohfeld’s notion of privilege and point to a difficulty that has long been known by specialists, namely, that there are actually two significantly different legal relations that this notion is supposed to cover. In section II, I analyze and criticize the way (Wenar 2005) proposes we should define these two legal relations. In section III, I do the same with suggestion proposed by (Moritz 1960, 1073). In section IV, I present my own suggestion about how we should understand them. (shrink)

Sikhism, a panentheistic religion, originated in the Punjab province of the Indian subcontinent, during the 15th century. It is one of the youngest and fifth major world religions, founded by Guru Nanak. The fundamental beliefs of Nanakian Philosophy have been enshrined in the sacred scripture, Sri Guru Granth Sahib. These beliefs include faith in and meditation on one universal creator, unity of all humankind, engaging in selfless service, striving for social justice for all, honest livelihood and ethical conduct while (...) living a householder's life. Sikhism has about 28 million adherents worldwide. World peace is an ideal state of freedom, peace, harmony, and happiness among and within all nations and people. This idea of a peaceful world, free from violence provides a basis for peoples and nations to willingly cooperate to prevent warfare. While different cultures, religions, philosophies, and organizations may have different concepts about how such an ideal state might come about, they have in common this idea of a cessation of all hostility amongst all humanity. World Peace could be established through religious or secular organizations, that address human rights, education, or diplomacy to end all forms of fighting. All religions are potential bearers of peace, reconciliation, and reflection. This is true for Sikhism as well. As we are aware that peaceful coexistence between individuals, communities, and nations is possible provided freedom, justice, human dignity and equal opportunity to all are guaranteed. Sikhism with its doctrines of sangat (holy congregation), pangat (equality), wand chhakna (sharing with others), love of nature, sarbat da bhala (universal welfare), seva (selfless service), universal brotherhood, justice, liberty and fraternity, offers a pragmatic approach to achieve our well-cherished goal of world peace, harmony and happiness. (shrink)

Sikhism, a panentheistic religion, originated in the Punjab province of the Indian subcontinent during the 15th century. It is one of the youngest and fifth major world religions. The fundamental beliefs of Sikhism have been enshrined in the sacred scripture, Sri Guru Granth Sahib. These beliefs include faith in and meditation on one universal creator, unity of all humankind, engaging in selfless service, striving for social justice for all, honest livelihood and ethical conduct while living a householder's life. (...) Sikhism has about 28 million adherents worldwide. World peace is an ideal state of freedom, peace, and happiness among and within all nations and people. This idea of a peaceful world, free from violence, provides a basis for peoples and nations to willingly cooperate to prevent warfare. While different cultures, religions, philosophies, and organizations may have different concepts about how such an ideal state might come about, they have in common this ideal of a cessation of all hostility amongst all humanity. World Peace could be established through religious or secular organizations that address human rights, education, or diplomacy to end all forms of fighting. All religions are potential bearers of peace, reconciliation and reflection. This is true for Sikhism as well. As we are aware that peaceful co-existence between individuals, communities and nations is possible provided freedom, justice, human dignity, and equal opportunity to all are guaranteed. Sikhism with its doctrines of sangat (holy company), pangat (equality), wand chhakna (sharing with others), love of nature, sarbat da bhala (universal welfare), seva (selfless service), universal brotherhood, justice, liberty and fraternity, offers a pragmatic approach to achieve our well-cherished goal of world peace. (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)

Hobbes's place in the history of political philosophy is a highly controversial one. An international symposium held at Queen Mary, University of London in February 2009 was devoted to debating his significance and legacy. The event focussed on recent books on Hobbes by Quentin Skinner and Philip Pettit, and was organised around four commentaries on these new works by distinguished scholars. This paper is designed to introduce the subject of the symposium together with the commentaries and subsequent responses from Petit (...) and Skinner. It examines the themes of language and liberty in the philosophy of Hobbes and concludes by highlighting some of the ways in which further research into Hobbes's debt to Aristotle's Politics will prove fruitful and illuminating. (shrink)

Although 550 years have passed since the birth of Guru Nanak, his life and teachings still hold great power and meaning for humanity in the 21st century. He was not only the founder of the Sikh religion but was a great poet, an eminent philosopher, a notable humanist, and a leading social reformer. His philosophy for a social revolution and universal brotherhood is relevant more than ever before. He not only propounded a new way of life but a realistic and (...) optimistic worldview. Quintessentially, his most penetrating insight is that the ultimate goal of human life, to be a sachiara (truthful being), can be achieved by following the path of truthful living. He envisaged the emergence of a race of gurmukhs (God-conscious beings). The teachings of Guru Nanak focus on the upliftment of the weaker sections of the society and their empowerment to live a life of dignity. Love of God (who is the epitome of virtues), egalitarianism, altruism, harmony with nature, cultivation of scientific temper, Interdependence, impermanence, inter-faith harmony, multiculturism, lifelong learning, pro-active social justice, and peaceful co-existence are the lodestars of Guru Nanak’s message to humanity. Three cardinal points of his teachings: Kirat Karo (honest living), Naam Japo (devotion to God) and Vand Chhako (sharing with others) have become an integral part of the lives of Sikhs all over the world. The crux of his teachings found expression by the establishment of daramsals (gurdwaras) and the development of langar (community kitchen), pangat (sitting in a row on the same level) and Sangat (holy congregation) traditions among his followers. Thus even in the contemporary world, Guru Nanak's universal teachings are as relevant as ever. (shrink)

Stephen Cox writes of the complexities that guided this well-known columnist, literary critic, best-selling novelist, avid reader, and intellectual, Mary Isabel Bowler Patterson, better known as Isabel Paterson or “I.M.P.” This edited collection includes a well-chosen selection of her essays, reviews, and letters. Combining both formal and colloquial prose, Paterson’s writings incorporated quips about such people as Sinclair Lewis and Henry David Thoreau, as well as candid discussions of William F. Buckley, Jr., Buffalo Bill, and Cecil Rhodes. The more than (...) one hundred names mentioned in the collection included such diverse figures as Virginia Woolf, John Pierpont Morgan, H.G. Wells, Henry Hazlitt, and Jasper Elliot Crane. (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)

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)

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

In this essay, I argue that an immortal existence could be desirable. Taking the accounts of Williams and Smuts under careful consideration, I agree with Fischer that an immortal existence could be gratifying. When Fischer argues that it is unfair for Williams to posit that an immortal life must have self-exhausting pleasures and, overall, a better experience than mortal life, he gets to the crux of the argument for immortality: as long as there are positive categorical desires for the individual, (...) then such life-affirming desires will provide an impetus to carry on. In moving past the Teiresias model of a phenomenon that retains memories while changing characters, I argue that a life of intellectual inquiry – which essentially alters the character of the individual while maintaining memories – offers an outward looking existence which provides internal pleasures. Accordingly, with the use of technology, computer simulations have the potential to provide pleasures and experiences that escape reality. In this sense, technology has the potential to supplement an immortal life. We cannot say whether there will be a pinnacle of such learning and pleasure which leads to decreasing returns, but it seems plausible that an immortal being who incorporates learning and pleasure that could potentially lead to innovation and discovery would seek to continue such intellectual inquiry and varied experiences until all learning potentials were exhausted. (shrink)

We thank all the thoughtful authors for their insightful comments. In this response, we try to address some of themes that emerged from the commentaries. We leave aside some of those comments that...

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)

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

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

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)

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.

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)

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

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)

Brettschneider argues that the granting of property rights to all entails a right of exclusion by acquirer/owners against all others, that this exclusionary right entails a loss on their part, and that to make up for this, property owners owe any nonowners welfare rights. Against this, I argue that exclusion is not in fact a cost. Everyone is to have liberty rights, which are negative: what people are excluded from is the liberty to attack and despoil others. Everyone, (...) whether an owner of external property or not, benefits from this and thus rationally exchanges that liberty in exchange for a like abandonment of it by others. The proper social contract trade is thus liberty for liberty—not liberty for owners and positive welfare rights for nonowners (though the latter in fact benefit greatly from the property rights of owners). (shrink)

It is common for religiously motivated actions to be specially protected by law. Many legal theorists have asked why: what makes religion special? What makes it worthy of toleration over and above other non-religious deeply held convictions? The answer I put forward is that religions’ alleged afterlife consequences call for a principle of toleration that warrants special legal treatment. Under a Rawlsian principle of toleration, it is reasonable for those in the original position to opt for principles of justice that (...) accommodate actions with alleged afterlife consequences. And, under a utilitarian principle of toleration, a greater psychological harm is eased by such accommodations. Additionally, this alleged afterlife consequence is found in most of the religions that are thought to warrant some level of special toleration—not only do the Abrahamic religions have alleged afterlife consequences, but many eastern religions do as well, e.g. reincarnation. (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)

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)

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)

Adorno and Levinas argue from distinct yet intersecting perspectives that there are pathological forms of freedom, formed by systems of power and economic exchange, which legitimate the neglect, exploitation and domination of others. In this paper, I examine how the works of Adorno and Levinas assist in diagnosing the aporias of liberty in contemporary capitalist societies by providing critical models and strategies for confronting present discourses and systems of freedom that perpetuate unfreedom such as those ideologically expressed in possessive (...) individualist and libertarian conceptions of freedom. (shrink)

God is usually taken to be a necessarily existing being who is unsurpassably powerful, knowledgeable and good. Theism is conceptualized in a single being that is monotheism in some religions and polytheism that is more than one being in some others. Yet some others see theism in everything of human concern that is pantheism. The doctrine of God is strong-minded by means of the religious experiences of men and evident in the conduct of such religious persons. This work intends to (...) show here, the points of similarities and dissimilarities between the concept of theism in Christianity, Islam and Sikhism. This work exposed among others that their major point of way out is that in Christianity, there is a distinctive and central teaching concerning Jesus Christ as unique incarnations, the word of God, pre-eminently manifested in a historic person, on the ground that his moral character perfectly represents the character and purpose of the invisible holy God. While Islam, and Sikhism, have no such doctrine, or theory of incarnation. (shrink)

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 chapter shows how Mary Astell and Margaret Cavendish can reasonably be understood as early feminists in three senses of the term. First, they are committed to the natural equality of men and women, and related, they are committed to equal opportunity of education for men and women. Second, they are committed to social structures that help women develop authentic selves and thus autonomy understood in one sense of the word. Third, they acknowledge the power of production relationships, especially friendships (...) among women, in cultivating fulfilling lives for women. All three forms of feminism promote greater liberty for women. Moreover, the chapter establishes that many of these conclusions are especially forceful given Cavendish’s use of the genre of literature, and given the method that literature allows, namely that of presenting alternate points of view. (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 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)

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)

In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give insufficient (...) weight to the moral importance parental liberty in ways that count against their preferred type of NMEs policy and threaten public support for mandatory vaccination laws and public health initiatives generally. (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.

As the science and technology of the brain and mind develop, so do the ways in which brains and minds may be surveilled and manipulated. Some cognitive libertarians worry that these developments undermine cognitive liberty, or “freedom of thought.” I argue that protecting an individual’s cognitive liberty undermines others’ ability to use their own cognitive liberty. Given that the threatening devices and processes are not relevantly different from ordinary and frequent intrusions upon one’s brain and mind, strong (...) protections of cognitive liberty may proscribe neurotechnological intrusions, but also ordinary intrusions. Thus, the cognitive libertarian position “hog-ties” others’ use of their own liberties. This problem for the cognitive libertarian is the same problem that ordinary libertarianism faces in protecting individual rights to property and person. But the libertarian strategies for resolving the problem don’t work for the cognitive libertarian. I conclude that the right to mental privacy is weaker than what cognitive libertarians want it to be. (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)

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)

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

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)