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)

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

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)

Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to (...) show that a principle requiring equal political liberty and its fair value is an appropriate component of his theory of justice. (shrink)

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

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

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 (...) class='Hi'>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)

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.

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)

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 response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...) justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public (...) sector from concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies. (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)

One core question in contemporary political economy is whether economic liberties should be constitutionally protected as basic rights. In this article I do not provide a positive argument for the view that economic liberties are basic rights. Rather, I seek to provide a reason for not embracing the opposing view, i.e. that economic liberties should not be constitutionally protected as basic rights. Based on Hayek’s theory of price as signal, I argue that price control, a view usually associated with (...) high liberals, and sometimes endorsed by moderate welfarists, is environmentally sub-optimal. (shrink)

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to (...) autonomously form their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (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)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, (...) we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (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)

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...) challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

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

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

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)

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)

Our modern ideals about liberty were forged in the great political and philosophical debates of the 17th and 18th centuries, but we seldom hear about women's contributions to those debates. This paper examines the ideas of early modern English women – namely Margaret Cavendish, Mary Astell, Mary Overton, ‘Eugenia’, Sarah Chapone and the civil war women petitioners – with respect to the classic political concepts of negative, positive and republican liberty. The author suggests that these writers' (...) woman-centred concerns provide a unique historical perspective on these much-discussed ideals of freedom from external interference, freedom as self-determination and freedom from domination. (shrink)

This 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)

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

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

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

ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern liberty. (...) Boxed into their irreconcilably opposed alternatives, both binary perspectives fail to appreciate that Constant's conception of modern liberty is a complex achievement irreducible without loss to either liberal negative liberty as non-interference or republican freedom as non-domination. Nor does combining liberal negative freedom and positive freedom (in the sense of ancient liberty), as Holmes well establishes, adequately tells the whole story of Constant's modern liberty. As a complex achievement, Constant's conception of modern liberty, I shall argue, blends negative freedom as associated with neo-Roman republican freedom as non-subjection to arbitrary power, negative freedom as non-interference, associated with the liberal tradition, positive freedom in the sense of inner self-development, and positive freedom as collective self-government or civic republican freedom. (shrink)

The small school movement originated in the democratic ideology of Deborah Meier, who sought to create schools that gave students, parents, teachers, and all stakeholders in the communities they served a voice in education. In New York City, Meier's vision was implemented haphazardly by a group of business and political elites able to pour millions of dollars into an initiative without carefully considering the complex interests involved in creating new small schools. According to this author, this lack of forethought (...) placed students and parents at an even greater disadvantage than had existed previously. It was thought that the creation of small schools of choice would provide students, parents, and families the most appropriate education for their children, and that free market practices would create an environment of increased accountability and transparency, which would improve educational outcomes for all students. The author argues that these measures failed to improve educational equity and opportunities for students, and that they also placed students most in-need at an even greater disadvantage, thus hurting the very children these laws were created to help. She supports this argument using a critique of neoliberalism in the context of education as defined by Michael Apple, John Rawls's original position, and the application of Rawls's position in an educational context by Barry Bull. (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)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, (...) we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (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)

Honors Research: PPE @ UPenn | This thesis seeks to address some of the most central questions to the fields of political philosophy and political economy. How can social order and government develop from anarchy under standard economic assumptions of rationality, where all agents act strictly in their own interests? What are the deontological limits to the State’s use of force such that political legitimacy is maintained, and how do these ethical boundaries of government relate to moral (...) obligations conferred upon individuals? Finally, what sets of policies and social institutions ought the State implement to achieve the best welfare outcomes for a society, and is there a necessary conflict between policy consequentialism and deontological ethics? This thesis will first show that a laissez-faire capitalist social order spontaneously emerges from the State of Nature as a result of mutual self-interest between rational agents, with the institution of government being a mere product of market forces that is best modeled as a locally-monopolized, excludable, collective entity with global competition. Then, this thesis will defend a theory of natural rights on the basis that persons are normatively separate, before establishing that laissez-faire capitalism and its contractual form of government are uniquely in compliance with these universal moral standards of conduct that predate the institution of any state. Finally, it will be argued in this thesis that the key tenets of laissez-faire capitalism - strong individual rights to life, liberty, and property - produce maximal human welfare from both individualist and collectivist aggregations, before such conclusions are translated into a foundation for limited government. These arguments serve to solidify libertarianism as both the dominant political philosophy and the globally convergent equilibrium of political organization, while also demonstrating that laissez-faire capitalism is the optimal form of social order. (shrink)

The political distinction between left and right remains ideologically muddled. This was not always so, but an immediate return to the pristine usage is impractical. Putting a theory of social liberty to one side, this essay defends the interpretation of left-wing as personal-choice and right-wing as property-choice. This allows an axis that is north/choice (or state-free) and south/control (or state-ruled). This Political Compass clarifies matters without being tendentious or too complicated. It shows that what is called ‘libertarianism’ (...) is north-wing. A quiz gives the reader’s Political Compass reading. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for (...) instance the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (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)

In Equal Citizenship and Public Reason, Watson and Hartley dispute the claim that Rawls’s doctrine of political liberalism must tolerate gender hierarchy because it counts conservative and orthodox religions as reasonable comprehensive doctrines. I argue that their defense in fact contains two arguments, both of which fail. The first, which I call the “Deliberative Equality Argument”, fails because it does not establish conclusively that political liberalism’s demand for equal citizenship forbids social practices of domination, as the authors contend. (...) The second, which I call the “Equal Liberties Argument”, fails because it supports a particular version of political liberalism and not the doctrine itself. (shrink)

The paper critically discusses the dualism in the interpretation of the moral basis of public reason. We argue that in order to maintain the complementarity of both liberal and democratic values within the debate on public reason, the arguments from liberty and from civic friendship cannot be considered in isolation. With regard to the argument from liberty, we contend that because the idea of natural liberty is an indispensable starting point of liberal theory, no explanation of the (...) justification of political power can do without it. In particular, we focus on the requirement of reasonableness and show that we should retain the epistemic aspect of the reasonableness of persons. The main reason for this is to be found in the criterion of reciprocity which provides the deepest justification of the respect for people’s liberty – that is, the liberal aspect of liberal democracy. At the same time, however, we argue that reciprocity also provides the grounds for responding to the criticism that the essentially liberal approach fails to adequately take into consideration the role of political community. Because reciprocity may also be interpreted as being based on civic friendship, it provides the resources to respond to such criticism. It thus supplies the normative background also for the second, democratic pillar of public reason. We then critically examine the newly emerging approach built predominantly on the argument from civic friendship, arguing that by prioritising the civic friendship interpretation and, at times, tending to completely abandon the liberty-based one, it overlooks the indispensability of liberty-based considerations for the criterion of reciprocity. We conclude that in order to adequately capture the common liberal-democratic basis of public reason, both interpretations of reciprocity must be linked within a comprehensive account. (shrink)

Usually a relational approach, such as one appealing to care or love, is contrasted with an account of justice. In this chapter, however, I argue that distributive justice is well conceived as itself a matter of honouring people in virtue of their capacity to love and to be loved. After spelling out a familiar conception of love, I explain how treating people with respect in light of this capacity provides a plausible basis for human rights, one that rivals influential individualist (...) foundations such as Kantian respect for autonomy and Catholic honor of human life. I also articulate an egalitarian conception of how to allocate wealth that I argue is also a function of treating people's ability to love as special and that can compete against views salient in Anglo-American political philosophy such as cost-benefit analysis and John Rawls’ difference principle. (shrink)

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

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)

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

Essays from the political website CounterPunch. - Requiem: Dies Non, Not Dies Irae (September 18, 2001) - Mouth Wide Shut (April 8, 2002) - So Long Frank O. Gehry? (April 28, 2002) - Bête Noire (May 22, 2002) - “All politics is local?”: The Unbearable Lightness of NGOs (May 24, 2002) - Bush and Mies van der Rohe: Architecture and Ideology (June 1, 2002) - The Adventures of Mademoiselle M.: Or Getting Screwed in Paris (June 8-9, 2002) - Loose (...) Lips: Liberty, Democracy and Bush (July 6, 2002) - Go Tell Karl Rove!: The Anti-Republican Party (July 13, 2002) - Be Still My Beating Heart (July 15, 2002) - Grave New Urbanism: The World Trade Center Burlesque (July 20, 2002) - Roamin’ in the Gloamin’: Van Morrison: In September (July 25, 2002) - Sublime Žižek: Guarding Lenin’s Tomb (July 27, 2002) - Vox Populi: Everyone’s a Critic (August 3, 2002) - Auteur-Driven Vehicles: The New New Laocoon (August 19, 2002) - Beaux Rêves, Citoyens!!! (September 5, 2002) - Immortality: The Quest for Fire (August 31, 2002) Parting Shots: A Refracted History (Summary) Of The Twentieth Century (November 2, 2002) - New Books Christmas 2002: Livres Deluxe (December 23, 2002) - The Drunken Flower (July 26, 2003) - The Infernal Machine: “Architectures” in Service to Nothing (August 23, 2003). (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)

This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have mounted (...) legal challenges to the mandate on grounds of religious freedom. The paper proposes a number of interconnected principles toward a resolution of the problem: for the institutional realm, specific principles for church-state separation and a principle concerning the protection of citizens’sense of identity; and for the ethics of citizenship in the conduct individuals, principles that provide an adequate place for natural (thus secular) reason in lawmaking and political decisions. (shrink)