Recently, John Fischer has applied Frankfurt’s well-known counter-example to the principle of alternate possibilities to refute the traditional libertarian position which holds that a necessary condition for an agent’s decision (choice) to be free in the sense of freedom required for moral responsibility is that the decision not be causally determined, and that the agent could have avoided making it. Fischer’s argument has consequently led various philosophers to develop libertarian accounts of freedom which try to dispense (...) with the avoidability constraint on freedom. My purpose in this article is to show that Fischer’s attack on traditional libertarianism fails, and, therefore, it is premature to abandon that position. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...) express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

Debates about the concept of Free Will date back to ancient times. About 40 years ago Benjamin Libet designed an experiment showing that the conscious intention to move is preceded by a specific pattern of brain activation. His finding suggested that unconscious processes determine our decisions. Libet-style experiments have continued to dominate the debate about Free-Will, pushing some authors to argue that the existence of Free Will is a mere illusion. We believe that this dispute is because we often measure (...) free will using arbitrary human decisions rather than deliberate actions. After reviewing the definition of free will and the related literature we conclude that the scientific evidence does not disprove the existence of Free Will. However, our will encounters several constraints and limitations that should be considered when evaluating our deeds’ personal responsibility. (shrink)

This article will offer an alternative understanding of managerial decision-making drawing from Sartre’s Critique of Dialectical Reason rather than simply Being and Nothingness. I will begin with a brief explanation of Sartre’s account of freedom in Being and Nothingness. I will then show in the second section how Andrew West uses Sartre’s conception of radical freedom from Being and Nothingness for a managerial decision-making model. In the third section, I will explore a more robust account of (...) freedom from Sartre’s Critique of Dialectical Reason. I will attempt to show that freedom is not simply a matter of choosing (or not choosing) to perform an action, but entails external constraints—including other people. Finally, I will provide the implications of this account of freedom for managerial decision-making. I will show that it’s unreasonable to place full responsibility and/or blame on managers given their constraints. This does not absolve them from responsibility, but better accounts for the way in which we ought to hold them responsible. (shrink)

There are arguments for determinism. Admittedly, this is opposed by the fact of everyday experience of autonomy. In the following, it is argued for the compatibility of determinism and autonomy. Taking up considerations of Donald MacKay, a fatalistic attitude can be refuted as false. Repeatedly, attempts have been made to defend the possibility of autonomy with reference to quantum physical indeterminacy. But its statistical randomness clearly misses the meaning of autonomy. What is decisive, on the other hand, is the possibility (...) of knowledge, which opens up opportunities for planning, freedom of choice and ultimately 'self-choice'. Results of neurobiological research, especially Benjamin Libet's and more recently John-Dylan Haynes', seem to refute this: Actions are unconsciously initiated before conscious decision. But, as Libet has also shown, consciousness always has the possibility of a veto – and thus also of knowledge-driven action control. Ultimately, the idea of possible self-choice can thus become the determining condition. Only such a form of rational self-determination establishes a spiritual identity and at the same time represents the maximum of autonomy possible for human beings. (shrink)

According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to (...) this a number of phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...) also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks (...) proper perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value arising (...) from the increased ability to provide other important resources. Too often, this debate is conducted through trading intuitions about what matters for animals. We argue for the need for the collection of comparative welfare data about wild and captive animals in order to settle the issue. Discovering more about the links between freedom and animal welfare will then allow for more empirically informed ethical decisions regarding captive animals. (shrink)

This chapter offers a new criticism of the Mind argument that is both decisive and instructive. It introduces a plausible principle (γ) that places a requirement on one’s having a choice about an event whose causal history includes only other events. Depending on γ’s truth-value, the Mind argument fails in such a way that one or the other of the two main species of libertarianism is the best approach to the metaphysics of freedom. Libertarians argue the compatibility of (...) class='Hi'>freedom and indeterminism, and their biggest obstacle is the Mind argument that argues an incompatibility between the two. The chapter aims to build a case for the truth of γ, and so for nonreductive libertarianism. This is achieved by defending it from the best objections that have been brought to light, thereby emphasizing γ’s prima facie plausibility. (shrink)

Using automated systems to avoid the need for human discretion in government contexts – a scenario we call ‘rule by automation’ – can help us achieve the ideal of a free and equal society. Drawing on relational theories of freedom and equality, we explain how rule by automation is a more complete realization of the rule of law and why thinkers in these traditions have strong reasons to support it. Relational theories are based on the absence of human domination (...) and hierarchy, which automation helps us achieve. Nevertheless, there is another understanding of relational theories where what matters is the presence of valuable relationships with those in power. Exploring this further might help us see when and why we should accept human discretion. (shrink)

Freedom and security are often portrayed as things that have to be traded off against one another, but this view does not capture the full complexity of the freedom-security relationship. Rather, there seem to be four different ways in which freedom and security connect to each other: freedom can come at the cost of security, security can come at the cost of freedom, freedom can work to the benefit of security, and security can work (...) to the benefit of freedom. This paper analyses each of these connections in turn. It shows that particular understandings of freedom can help us to see particular connections between freedom and security. The practical examples used to illustrate these connections are drawn from the context of the COVID-19 pandemic. It will be suggested that, in the face of challenges such as this one, taking into account all four connections between freedom and security can ultimately help decision-makers in upholding both. (shrink)

This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: - Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. - Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. - Outline various moral duties we have toward (...) other persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. - Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory. (shrink)

In this essay we collect and put together a number of ideas relevant to the under- standing of the phenomenon of creativity, confining our considerations mostly to the domain of cognitive psychology while we will, on a few occasions, hint at neuropsy- chological underpinnings as well. In this, we will mostly focus on creativity in science, since creativity in other domains of human endeavor have common links with scientific creativity while differing in numerous other specific respects. We begin by briefly (...) introducing a few basic notions relating to cognition, among which the notion of ‘concepts’ is of basic relevance. The myriads of concepts lodged in our mind constitute a ‘conceptual space’ of an enormously complex structure, where con- cepts are correlated by beliefs that are themselves made up of concepts and are as- sociated with emotions. The conceptual space, moreover, is perpetually in a state of dynamic evolution that is once again of a complex nature. A major component of the dynamic evolution is made up of incessant acts of inference, where an inference occurs essentially by means of a succession of correlations among concepts set up with beliefs and heuristics, the latter being beliefs of a special kind, namely, ones relatively free of emotional associations and possessed of a relatively greater degree of justification. Beliefs, along with heuristics, have been described as the ‘mind’s software’, and con- stitute important cognitive components of the self-linked psychological resources of an individual. The self is the psychological engine driving all our mental and physical activity, and is in a state of ceaseless dynamics resulting from one’s most intimate ex- periences of the world accumulating in the course of one’s journey through life. Many of our psychological resources are of a dual character, having both a self-linked and a shared character, the latter being held in common with larger groups of people and imbibed from cultural inputs. We focus on the privately held self-linked beliefs of an individual, since these are presumably of central relevance in making possible inductive inferences – ones in which there arises a fundamental need of adopting a choice or making a decision. Beliefs, decisions, and inferences, all have the common link to the self of an individual and, in this, are fundamentally analogous to free will, where all of these have an aspect of non-determinism inherent in them. Creativity involves a major restructuring of the conceptual space where a sustained inferential process eventually links remote conceptual domains, thereby opening up the possibility of a large number of new correlations between remote concepts by a cascading process. Since the process of inductive inference depends crucially on de- cisions at critical junctures of the inferential chain, it becomes necessary to examine the basic mechanism underlying the making of decisions. In the framework that we attempt to build up for the understanding of scientific creativity, this role of decision making in the inferential process assumes central relevance. With this background in place, we briefly sketch the affect theory of decisions. Affect is an innate system of response to perceptual inputs received either from the exter- nal world or from the internal physiological and psychological environment whereby a positive or negative valence gets associated with a perceptual input. Almost every sit- uation faced by an individual, even one experienced tacitly, i.e., without overt aware-ness, elicits an affective response from him, carrying a positive or negative valence that underlies all sorts of decision making, including ones carried out unconsciously in inferential processes. Referring to the process of inferential exploration of the conceptual space that gener- ates the possibility of correlations being established between remote conceptual do- mains, such exploration is guided and steered at every stage by the affect system, analogous to the way a complex computer program proceeds through junctures where the program ascertains whether specified conditions are met with by way of generating appropriate numerical values – for instance, the program takes different routes, depending on whether some particular numerical value turns out to be positive or negative. The valence generated by the affect system in the process of adoption of a choice plays a similar role which therefore is of crucial relevance in inferential processes, especially in the exploration of the conceptual space where remote domains need to be linked up – the affect system produces a response along a single value dimension, resembling a number with a sign and a magnitude. While the affect system plays a guiding role in the exploration of the conceptual space, the process of exploration itself consists of the establishment of correlations between concepts by means of beliefs and heuristics, the self-linked ones among the latter having a special role in making possible the inferential journey along alternative routes whenever the shared rules of inference become inadequate. A successful access to a remote conceptual domain, necessary for the creative solution of a standing problem or anomaly – one that could not be solved within the limited domain hitherto accessed – requires a phase of relatively slow cumulative search and then, at some stage, a rapid cascading process when a solution is in sight. Representing the conceptual space in the form of a complex network, the overall process can be likened to one of self-organized criticality commonly observed in the dynamical evolution of complex systems. In order that inferential access to remote domains may actually be possible, it is necessary that restrictions on the exploration process – necessary for setting the context in ordinary instances of inductive inference – be relaxed and a relatively free exploration in a larger conceptual terrain be made possible. This is achieved by the mind going into the default mode, where external constraints – ones imposed by shared beliefs and modes of exploration – are made inoperative. While explaining all these various aspects of the creative process, we underline the supremely important role that analogy plays in it. Broadly speaking, analogy is in the nature of a heuristic, establishing correlations between concepts. However, analo- gies are very special in that these are particularly effective in establishing correlations among remote concepts, since analogy works without regard to the contiguity of the concepts in the conceptual space. In establishing links between concepts, analogies have the power to light up entire terrains in the conceptual space when a rapid cas- cading of fresh correlations becomes possible. The creative process occurs within the mind of a single individual or of a few closely collaborating individuals, but is then continued by an entire epistemic community, eventually resulting in a conceptual revolution. Such conceptual revolutions make pos- sible the radical revision of scientific theories whereby the scope of an extant theory is broadened and a new theoretical framework makes its appearance. The emerging theory is characterized by a certain degree of incommensurability when compared with the earlier one – a feature that may appear strange at first sight. But incommen- surability does not mean incompatibility and the apparently contrary features of the relation between the successive theories may be traced to the multi-layered structureof the conceptual space where concepts are correlated not by means of single links but by multiple ones, thereby generating multiple layers of correlation, among which some are retained and some created afresh in a conceptual restructuring. We conclude with the observation that creativity occurs on all scales. Analogous to correlations being set up across domains in the conceptual space and new domains being generated, processes with similar features can occur within the confines of a domain where a new layer of inferential links may be generated, connecting up sub- domains. In this context, insight can be looked upon as an instance of creativity within the confines of a domain of a relatively limited extent. (shrink)

If I take a free decision, how does this express itself physically? If God acts in this world, how does he do so? The answers to those two questions may be different or the same. Here we sketch a typology of possible answers, including Transcendent Compatibility. It turns out that in an open universe, freedom is the timewise mirror image of causality.

This work develops a philosophically credible and psychologically realisable account of control that is necessary for moral responsibility. We live, think, and act in an environment of subjective uncertainty and limited information. As a result, our decisions and actions are influenced by factors beyond our control. Our ability to act freely is restricted by uncertainty, ignorance, and luck. Through three articles, I develop a naturalistic theory of control for action as a process of error minimisation that extends over time. Thus (...) conceived, control can serve to minimise the influence of luck on action and enable freedom in uncertainty. -/- In Article 1, Thor Grünbaum and I argue for a psychologically plausible account of the kind of control that is necessary for moral responsibility. We begin by establishing the relationship between agentive contribution and responsibility-level control. One way to determine whether one the right kind and degree of control to be morally responsible is to track one’s degree of contribution to an action. However, a psychologically plausible account of control in terms of agentive contribution may seem to contradict the types of functional-mechanistic explanations used in cognitive science. In cognitive psychology and cognitive neuroscience, personal-level capacities are explained by a set of sub-personal mechanisms. Often, such explanations leave no room for a contribution by the agent. By integrating insights from theories of cognitive control and incorporating them into a philosophical account of intentions, we propose a way of thinking about the distribution of cognitive control resources as something the agent does. -/- Article 2 argues that a classic argument concerning luck, originally aimed at libertarianism, generalises beyond any specific theory of free will, and regardless of whether determinism or indeterminism is true. I call this mental luck. Because we all make decisions under conditions of relative uncertainty and limited information, it is possible for an agent to make decisions that are contrary to their own motivation. In such situations, it may be a matter of luck whether the agent makes the right decision. Mentally lucky decisions are not rationally governed by attitudes within the agent's perspective, and thus, may be indistinguishable from unlucky ones. From the perspective of the agent, such decisions may resemble the outcome of a lottery. Therefore, mental luck poses a challenge to most prominent theories of free action and moral responsibility. -/- Finally, article 3 engages with the issue of resultant luck, namely luck in how things turn out. Resultant luck raises a challenge for theories of moral responsibility because its existence suggests that one may be responsible for factors beyond one’s control. Prominent responses to resultant luck led to a choice between internalism and scepticism. I argue that familiar cases of resultant luck are based on the assumption that actions are events. Instead, I propose an alternative ontology of action as an ongoing goal-directed process with a many-shots structure. Described this way, cases of resultant luck are not representative of ordinary action. The proposal of action as a many-shots process is consistent with predictive coding, a cognitive architecture which centres around error minimisation. Under this framework, cases of resultant more luck are no longer failures of action, but rather anticipated errors to be settled within the ordinary process of action. (shrink)

In this text, I consider two examples in the history of emancipation and manumission of enslaved, Black populations in the Caribbean and South America in order to theorize a colonial mode of conceiving of freedom at play in the first half of the nineteenth century. This mode is marked by the figure of the promise, enacting a notion of freedom as a constantly deferred, external compensation. Indeed, instead of an immediate decision deeming the practice of enslavement and (...) trade of human beings unacceptable, and an effective liberation of the enslaved Black populations in these different emancipation proclamations, the various histories of manumission in Latin America and the Caribbean show a long series of political and legal attempts to reduce and limit the extent of the slave trade that deferred the process of liberation for decades. Moreover, in many of these territories the practice did not end with the official proclamation of emancipation but was continued by illegal practices and mutations into legal forms of exploitation and oppression that are still operative today. After outlining this first trajectory, reconstructing the promise of manumission in the historical examples of Martinique (as read by Édouard Glissant) and La Gran Colombia and the Republic of Nueva Granada (contemporary Panamá, Colombia, Venezuela, and Ecuador), I analyze a second mode of investigation in examples of individual and collective strategies of liberation coming from the enslaved themselves, as reconstructed by contemporary feminist scholars in South America. These strategies appropriate liberation not as a promise, but as a negotiation and calculation that begins with the enslaved’s resistance to their oppressive conditions and that ultimately depends on the external concession by juridical authorities. In the third section of the chapter, I read these practices not as marronage, as they are sometimes approached, but as a different mode of turning back to these glimpses of freedom that more effectively challenge the narrative of emancipation and, with it, the promise of manumission in our present. -/- . (shrink)

The article, first, reconstructs and criticizes Sandro Nannini’s incompatibilistic concept of freedom of decision and, second, develops a compatibilistic alternative, a synthesis of a rationalistic and an autonomous approach. Nannini justifies his conception primarily from a naturalistic point of view: it reflects our sense of agency, so he says. This is criticized as empirically wrong and methodically mistaken: The theory of freedom of decision is, actually, normative; it is about good decisions; naturalism cannot establish normative claims. (...) The alternative is based, methodically, on an idealizing hermeneutics, which tries to reconstruct the point of free decisions, and then justifies the resulting concept practically: Free decisions, conceived in this way, realize optimally our autonomous desires. (shrink)

In the Freedom essay, Schelling charges that (1) idealism fails to grasp human freedom’s distinctiveness and that (2) this failure undermines idealism's attempt to refute pantheism, as exemplified by Spinoza. This raises two questions, which I will answer in turn: what, for Schelling, is distinctive of human freedom; and how does the idealists’ failure to grasp it render them unable to refute pantheism? To answer these questions, I will reconstruct Schelling’s argument that freedom has the distinctness (...) of being the unconditioned condition of the world’s intelligibility. My reconstruction will illustrate how Schelling’s notion of freedom as primal will grounds the alleged primacy of practical reason as Kant and Fichte conceive it. I will then consider three objections to Schelling’s argument. Throughout, I will develop the Schellingian idea that freedom is enacted in an unprethinkable decision that cannot be anticipated by any law or principle. (shrink)

Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter (...) right, the latter offers a promising foothold to rise above subjectivity and find a firm footing based on communal relations. In emphasizing the importance of the dialogical nature of human beings and the relational necessity undergirding moral judgements, I argue that the concept of conscience should be understood and practiced in community, rather than individually. (shrink)

What precisely does a distraction threaten? An agent who spends an inordinate amount of time attending to her smartphone – what precisely is she lacking? I argue that whereas agency of attention is the agent’s non-automatic decision-making on what she currently pays attention to, autonomy of attention is the agent, through her second-order desires, effectively interfering with her non-automatic decision-making on what she currently pays attention to. Freedom of attention is the agent’s possibility to hold or switch (...) her focus of attention without fixating on any specific focus against her will or without distraction from chosen foci. This conceptual work provides resources to track manipulations that diminish a person’s freedom of attention. (shrink)

In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient autonomy in the bioethics literature, (...) which focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)

Scholars agree that Schelling’s critique of Hegel consists in charging reason with an inability to account for its own possibility. This is not an attack on reason’s project of constructing a logical system, but rather on the pretense of doing so with complete justification and so without presuppositions, as if it were obvious why there is a logical system or why there is anything meaningful at all. Scholars accordingly cite the question ‘why is there something rather than nothing’ as emblematic (...) of Schelling’s critique and the source of his claim against Hegel that reason is bounded by something other than itself. But what sort of claim is this? For what sort of argument could it be the conclusion? On these questions, the literature is lacking. I propose that the question ‘why something’ motivates Schelling to give a transcendental argument to the effect that past and future are a priori conditions of the possibility of reason. As I reconstruct it from the Weltalter, this argument construes the past as the pre-rational decision to construct a logical system, while the future represents the purpose that guides the construction of the same. Schelling’s claim against Hegel that reason is bounded by something other is thus the discovery of inescapable presuppositions that condition the possibility of reason as such. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

This presentation discusses a notion encountered across disciplines, and in different facets of human activity: autonomous activity. We engage it in an interdisciplinary way. We start by considering the reactions and behaviors of biological entities to biotechnological intervention. An attempt is made to characterize the degree of freedom of embryos & clones, which show openness to different outcomes when the epigenetic developmental landscape is factored in. We then consider the claim made in programming and artificial intelligence that automata could (...) show self-directed behavior as to the determination of their step-wise decisions on courses of action. This question remains largely open and calls for some important qualifications. We try to make sense of the presence of claims of freedom in agency, first in common sense, then by ascribing developmental plasticity in biology and biotechnology, and in the mapping of programmed systems in the presence of environmental cues and self-referenced circuits as well as environmental coupling. This is the occasion to recall attempts at working out a logical and methodological approach to the openness of concepts that are still to be found, and assess whether they can operate the structuring intelligibility of a yet undeveloped or underdeveloped field of study, where a “bisociation" and a unification of knowledge might be possible. (shrink)

This paper argues that the plethora of experiments with decentralized social technologies (DSTs)—clusters of which are sometimes called “the Web 3.0 ecosystem” or “the Fediverse”—have brought us to a constitutional moment. These technologies enable radical innovations in social, economic, and political institutions and practices, with the potential to support transformative approaches to political economy. They demand governance innovation. The paper develops a framework of prudent vigilance for making ethical choices in this space that help to both grasp positive opportunities for (...) transformation and avoid the potentially problematic consequences. Most of our specific examples and concerns come from the blockchain/Web3 universe, as this has received the greatest investment, attention, and adoption to date. However, we aim to offer a framework for governance decision-making in conditions of uncertainty that applies more broadly to other DSTs. Specifically, under the framework of prudent vigilance, we propose a pragmatic, democratic, and pluralist approach to navigating bold experimentation with social practices and political economy enabled by these technologies. Our overarching goal is to provide a framework open to transformative improvement and constrained by guardrails and guiding values supportive of democracy, freedom, and pluralism. We take a relatively strong position, rather than simply laying out ethical issues and potential approaches. We seek to be provocative in order to spur further work and hope this paper will serve as a first bridge between academic philosophy and the DST community, which have hardly interacted to date. (shrink)

This chapter offers an account of Crusius’ conception of freedom. In the first part of the chapter I sketch Crusius’ understanding of ‘Thelematology’ or ‘science of the will’ and his conception of the will itself. In the second part of the paper I provide an account of Crusius’ conception of freedom of the will and I focus on two topics: his understanding of freedom as self-determination and his conception of free choice. Contrary to how some of the (...) secondary literature portrays his view, I argue that freedom of the will, for Crusius, is not best described as the freedom to choose otherwise or liberty of indifference. On the contrary, Crusius argues that free choice is rarely indifferent to its choices and is most often strongly inclined towards certain ends that free choice must overcome and choose against. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (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)

The moot point of the Western philosophical rhetoric about free will consists in examining whether the claim of authorship to intentional, deliberative actions fits into or is undermined by a one-way causal framework of determinism. Philosophers who think that reconciliation between the two is possible are known as metaphysical compatibilists. However, there are philosophers populating the other end of the spectrum, known as the metaphysical libertarians, who maintain that claim to intentional agency cannot be sustained unless it is assumed that (...) indeterministic causal processes pervade the action-implementation apparatus employed by the agent. The metaphysical libertarians differ among themselves on the question of whether the indeterministic causal relation exists between the series of intentional states and processes, both conscious and unconscious, and the action, making claim for what has come to be known as the event-causal view, or between the agent and the action, arguing that a sort of agent causation is at work. In this paper, I have tried to propose that certain features of both event-causal and agent-causal libertarian views need to be combined in order to provide a more defendable compatibilist account accommodating deliberative actions with deterministic causation. The ‘‘agent-executed-eventcausal libertarianism’’, the account of agency I have tried to develop here, integrates certain plausible features of the two competing accounts of libertarianism turning them into a consistent whole. I hope to show in the process that the integration of these two variants of libertarianism does not challenge what some accounts of metaphysical compatibilism propose—that there exists a broader deterministic relation between the web of mental and extra-mental components constituting the agent’s dispositional system—the agent’s beliefs, desires, short-term and long-term goals based on them, the acquired social, cultural and religious beliefs, the general and immediate and situational environment in which the agent is placed, etc. on the one hand and the decisions she makes over her lifetime on the basis of these factors. While in the ‘‘Introduction’’ the philosophically assumed anomaly between deterministic causation and the intentional act of deciding has been briefly surveyed, the second section is devoted to the task of bridging the gap between compatibilism and libertarianism. The next section of the paper turns to an analysis of folk-psychological concepts and intuitions about the effects of neurochemical processes and prior mental events on the freedom of making choices. How philosophical insights can be beneficially informed by taking into consideration folk-psychological intuitions has also been discussed, thus setting up the background for such analysis. It has been suggested in the end that support for the proposed theory of intentional agency can be found in the folk-psychological intuitions, when they are taken in the right perspective. (shrink)

This book is the result of a collective research effort performed during many years in both Sweden and Spain. It is the result of attempting to develop a new field of research that could we denominate «human act informatics.» The goal has been to use the technologies of information to the study of the human act in general, including embodied acts and disembodied acts. The book presents a theory of the quantification of the informational value of human acts as order, (...) opposing the living order against entropy. We present acting as a set of decisions and choices aimed to create order and to impose Modernity. Karl Popper’s frequency theory of probability is applied to characterize human acts regarding their degree of freedom and to set up a scale of order in human decisions. The traditional theory of economics and social science characterize the human act as rational, utilitarian and ethical. Our results emphasize that the unique significance of an act lies in its capacity to generate order. An adequate methodology is then presented to defend such hypothesis according to which, the rationality respective irrationality of acting, is in fact only a function of the act’s organizational capacity. From this perspective, it has been necessary to define «order» respective «disorder» as operative concepts that allowed the comparison of the organizational differences generated by each kind of act. According to the presented conclusions, the spontaneity of living, as unconscious thinking, dreaming, loving, etc. and the mainstream of the human acts, are utilitarian, but in an irrational way; they are rooted in unconscious drifts and therefore must be considered irrational-utility acts. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines (...) his theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

The debate on whether and how the Internet can protect and foster human rights has become a defining issue of our time. This debate often focuses on Internet governance from a regulatory perspective, underestimating the influence and power of the governance of the Internet’s architecture. The technical decisions made by Internet Standard Developing Organisations that build and maintain the technical infrastructure of the Internet influences how information flows. They rearrange the shape of the technically mediated public sphere, including which rights (...) it protects and which practices it enables. In this article, we contribute to the debate on SDOs’ ethical responsibility to bring their work in line with human rights. We defend three theses. First, SDOs’ work is inherently political. Second, the Internet Engineering Task Force, one of the most influential SDOs, has a moral obligation to ensure its work is coherent with, and fosters, human rights. Third, the IETF should enable the actualisation of human rights through the protocols and standards it designs by implementing a responsibility-by-design approach to engineering. We conclude by presenting some initial recommendations on how to ensure that work carried out by the IETF may enable human rights. (shrink)

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

A number of recent articles have invoked the republican ideal of non-domination to justify either open borders, and/or the reduction of states’ discretionary powers to unilaterally determine immigration policy. In this paper, I show that such arguments are one-sided, as they fail to fully account for the deep ambiguity of the very ideal which they invoke. In fact, non-domination lends just as powerful support to maintaining state border controls as it does to dismantling them. There are only two exceptions to (...) the rule. It is well established that promoting non-domination demands, one the one hand, that refugees be admitted, and second, that all migrants have a right to contest decisions concerning their own admission. But aside from these things, the policy implications of the ideal are unclear. In itself, therefore, it is insufficient to justify either open borders, or the reduction of states said discretionary powers. Such arguments will have to rely on other, additional moral criteria. -/- . (shrink)

The linear programming method is one of the important methods of operations research that has been used to address many practical issues and provided optimal solutions for many institutions and companies, which helped decision makers make ideal decisions through which companies and institutions achieved maximum profit, but these solutions remain ideal and appropriate in If the conditions surrounding the work environment are stable, because any change in the data provided will affect the optimal solution and to avoid losses and (...) achieve maximum profit, we have, in previous research, reformulated the linear models using the concepts of neutrosophic science, the science that takes into account the instability of conditions and fluctuations in the work environment and leaves nothing to chance. While taking data, neutrosophic values carry some indeterminacy, giving a margin of freedom to decision makers. In another research, we reformulated one of the most important methods used to solve linear models, which is the simplex method, using the concepts of this science, and as a continuation of what we did in the previous two researches, we will reformulate in this research. The graphical method for solving linear models using the concepts of neutrosophics. We will also shed light on a case that is rarely mentioned in most operations research references, which is that when the difference between the number of unknowns and the number of constraints is equal to one, two, or three, we can also find the optimal solution graphically for some linear models. This is done by taking advantage of the conditions of non-negativity that linear models have, and we will explain this through an example in which the difference is equal to two. Also, through examples, we will explain the difference between using classical values and neutrosophic values and the extent of this’s impact on the optimal solution. (shrink)

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to (...) heart that the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

“Free will” puzzles are failed attempts to make freedom fit into forms of science. The failures seem puzzling because of widespread beliefs that forms of science describe and control everything. Errors in such beliefs are shown by reconstruction of forms of “platonic science” that were invented in ancient Greece and that have developed into modern physics. Like platonic Ideas, modern Laws of Physics are said to exercise hegemonic control through eternal, universal principles. Symmetries, rigidity and continuity are imposed through (...) linear forms that have been abstracted from geometry and indifference. Static and quasi-static forms presume placid equilibrium conditions and relaxation processes. Such forms, based on empty space, fail to describe actual material transformations that occur during the making of steel or the generation of snowflakes. They also fail to describe muscular movements and related bodily feelings of persons and animals that have actual life. Limitations of platonic science are overcome by means of new forms with the character of time, such as “beats” and saccadic, jumpy forms. New technologies of action and freedom generate and control temporal forms in proposed device models of brains and muscles. Some temporal forms have critical moments of transformation, resembling moments when persons exercise freedom, e.g., a moment of overtaking during a footrace or a moment of decision by a jury during a civil trial. (shrink)

Philosophical accounts of freedom typically fail to capture an important kind of freedom—freedom to change what one cares about—that is central to our understanding of what it is to be a person. This paper articulates this kind of freedom more clearly, distinguishing it from freedom of action and freedom of the will, and gives an account of how it is possible. Central to this account is an understanding of the role of emotions in determining (...) what we value, thus motivating a rethinking of the importance of emotions in the mental lives of persons. (shrink)

In this paper, the ethical and spiritual aspects of the trolley problem are discussed in connection with the dropping of atomic bombs on Hiroshima and Nagasaki. First, I show that the dropping of atomic bombs was a typical example of the events that contained the logic of the trolley problems in their decision-making processes and justifications. Second, I discuss five aspects of “the problem of the trolley problem;” that is to say, “Rarity,” “Inevitability,” “Safety Zone,” “Possibility of Becoming a (...) Victim,” and “Lack of Perspective of the Dead Victims Who Were Deprived of Freedom of Choice,” in detail. Third, I argue that those who talk about the trolley problem are automatically placed in the sphere of the expectation of response on the spiritual level. I hope that my contribution will shed light on the trolley problem from a very different angle, which has not been made by our fellow philosophers. (shrink)

Edwards’s views on the nature of the human will demonstrate his unique ability to unite philosophical rigor and theological fervor. Edwards was a staunch defender of the Reformed doctrines of absolute divine sovereignty and meticulous providence, but he was also a proponent of the intellectual tools and methods of early modern philosophy (and of John Locke in particular). His ultimate statement of his doctrinal position, Freedom of the Will, is the masterful result of these dual commitments.

The uniqueness of each standpoint, each point of effect, can only be "overcome" by the standpoint changing to other standpoints and returning. In such alternation, which can also appear as constant change, lies the unity of the world. The wholeness of an alternation, however, is a structure of consciousness due to the special relationship between the circumscribing periphery and the infinitesimal center. This process structure unites determinacy and indeterminacy also totally in every place. Therefore, everywhere we are dealing with forms (...) of consciousness with more or less freedom of choice and an increasingly unknown depth. We live in a world of choosing consciousness, or rather awareness. In this respect, our environment expresses a deep truth about ourselves. (shrink)

The Buddha, unlike the Upaniṣadic or Brahmanical way, has avoided the concept of the self, and it seems to be left with limited conceptual possibilities for free will and moral responsibility. Now, the question is, if the self is crucial for free will, then how can free will be conceptualized in the Buddhist ‘no-self’ (anattā) doctrine. Nevertheless, the Buddha accepts a dynamic notion of cetanā (intention/volition), and it explicitly implies that he rejects the ultimate or absolute freedom of the (...) will, but not the minimal power of free will. It seems that the Buddha’s view shifts from agent causation (independent ownership) to a causal sequence of impersonal processes (psychophysical factors). This paper claims to shed clarity on ‘whether free will is viable in the context of the anattāvāda in Buddhism.’ It mainly studies the secondary sources (even though it has also discussed the primary sources) and their interpretations of freedom of the will and how it further does argue for a compatibility approach of free will in Buddhist thought. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and (...) the laws of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Kant holds that the applicability of the moral ‘ought’ depends on a kind of agent-causal freedom that is incompatible with the deterministic structure of phenomenal nature. I argue that Kant understands this determinism to threaten not just morality but the very possibility of our status as rational beings. Rational beings exemplify “cognitive control” in all of their actions, including not just rational willing and the formation of doxastic attitudes, but also more basic cognitive acts such as judging, conceptualizing, and (...) synthesizing. (shrink)

Immanuel Kant’s theory of justifiable resistance to authority is complex and, at times, appears to conflict with his own practice, if not with itself. He distinguishes between the role of authority in “public” and “private” contexts. In private—e.g., when a person is under contract to do a specific job or accepts a social contract with one’s government—resistance is forbidden; external behavior must be governed by policy or law. In contexts involving the public use of reason, on the other hand—e.g., when (...) a person is faced with a moral decision or is engaged in a philosophical dispute—the freedom of conscience sometimes requires resistance, especially in cases where other persons inappropriately attempt to usurp authority over matters that are rightfully up to the individual to decide. In texts such as Perpetual Peace, Kant looks forward to a political situation wherein no political resistance (e.g., in the form of war) would be necessary. Yet in Metaphysics of Morals, he argues that a citizen never has the right to revolt against one’s government, suggesting we must cooperate even with war. On a personal level, Kant openly praised both the American and the French revolutions; yet when his own writings on religion were deemed by the censor to have come into conflict with the king’s edict, Kant failed to resist the (arguably unjust) authority; instead, he gave up his (apparently public) right to free philosophical expression, promising never to write or speak on religion again during the king’s reign. I shall argue that a key to resolving these tensions lies in the principle that universities must promote a healthy, public “conflict” between philosophers and all “private” employments of reason. The only ground for disallowing private resistance, therefore, is the underlying presence of genuine philosophical resistance. (shrink)

This essay discusses how, for Hegel, freedom can be realized in nature in a rudimentary fashion in solar systems. This solves a problem in Kant’s account of freedom, namely, the problem that Kant only gives a negative argument for why freedom is not impossible but does not give a positive account of how freedom is real. I give a novel account of Kant’s negative argument. Then, I show how, according to Hegel, solar systems can be considered (...) as exhibiting freedom in a rudimentary fashion. Finally, I lay out how Hegel systematically develops this point about the freedom of solar systems in the ‘Mechanism’-chapter of the Science of Logic. In doing so, he uses Kant’s negative argument in a ‘purified’ form to arrive at an account of an ‘intimate token-type relation’ between the planets in a solar system and the law that governs their motion. The essay as a whole provides a concrete example of how Hegel is an inheritor and radicalizer of Kant, both with respect to freedom’s reality and with respect to philosophical method. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, vagueness (...) of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)