Positive and Negative Freedom

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

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)

As the realisation kicks in that the coronavirus will not be going away any time soon, it is time for political parties to engage in a value-driven debate about the question what society should look like if the virus remains part of it. This paper presents a framework based on the values of personal, collective, and moral freedom that could help politicians to make the right choices in this regard. [Dutch].

Algorithms influence every facet of modern life: criminal justice, education, housing, entertainment, elections, social media, news feeds, work… the list goes on. Delegating important decisions to machines, however, gives rise to deep moral concerns about responsibility, transparency, freedom, fairness, and democracy. Algorithms and Autonomy connects these concerns to the core human value of autonomy in the contexts of algorithmic teacher evaluation, risk assessment in criminal sentencing, predictive policing, background checks, news feeds, ride-sharing platforms, social media, and election interference. Using these (...) case studies, the authors provide a better understanding of machine fairness and algorithmic transparency. They explain why interventions in algorithmic systems are necessary to ensure that algorithms are not used to control citizens' participation in politics and undercut democracy. This title is also available as Open Access on Cambridge Core. (shrink)

Cualquier propuesta de alternativa a la democracia representativa, sea para mejorarla, sea para sustituirla por otro tipo de forma política, debería de tomar en cuenta dos tipos de restricciones para que la alternativa en cuestión tenga mayores probabilidades de éxito. Al primer grupo de restricciones los llamaremos factores limitantes de la conducta humana, mientras que al segundo grupo los llamaremos funciones impropias de esa forma política, es decir, las funciones que no debería tener. Tanto los factores limitantes de la conducta (...) humana como las funciones impropias de una forma política son restricciones sobre lo que realmente, es decir, no utópicamente, podríamos hacer para mejorar a la democracia y en general a la gobernabilidad de las sociedades. Esas restricciones, que a continuación señalaré, constituyen los argumentos que me llevan a plantear la siguiente tesis: la democracia representativa puede y debe ser mejorada al reducir su alcance económico, político y social, pero continúa siendo una mejor opción de gobierno que cualquier alternativa, incluyendo la demarquía. (shrink)

Isaiah Berlin made the distinction between negative liberty and positive liberty. Since then, prominent contemporary philosophers including Charles Taylor and Martha Nussbaum have declared negative liberty insufficient or incoherent. This is a critique of those declarations, which have been unduly accepted to a large extent. The critique primarily focuses on Taylor, who made the most direct and complete argument against negative liberty. His argument is shown to be ineffective. And further, his conception of positive liberty is shown to be incoherent.

Liberal and republican conceptions of freedom differ as to whether freedom consists in noninterference or non-domination. Pettit defends the republican non-domination conception on the grounds that one can be unfree without being interfered with if one is dominated, and that one can be interfered with yet free if not dominated. I show that these claims mistake the scope of actual interference. In particular, I show that cases said to involve unfreedom without interference do involve interference, and that cases said to (...) involve freedom despite interference— in particular, cases involving government regulations—are cases in which some interference is outweighed by protection from even greater interference. The liberal noninterference conception of freedom, therefore, can account for what Pettit claims can only be accounted for by freedom as non-domination. (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)

Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s will by (...) threatening to inflict harm, in the absence of general rules of conduct. According to the logic of the argument, welfare-state provisions are not coercive insofar as they do not allow the identification and discriminatory treatment of individuals. By contrast, we claim that a structure of coercion is likely to emerge from the command-and-control nature of protectionist institutions and immigration restrictions currently advocated by the radical right. (shrink)

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

One common approach to autonomy begins by drawing boundaries around the agent, dividing her from external forces that limit her options, hostile agents who would harness her to their projects, and rebellious motivations embedded within her own psychology. Relational approaches to autonomy blur these boundaries, demonstrating the ways in which autonomy is possible only in mutually respectful, caring relationships. I develop a particular kind of relational approach, on which autonomy requires others’ recognition that certain choices belong to us. That is (...) because agency involves responsibility for one’s actions. Crucially, the responsibility in question is not simply causal responsibility. Rather, to be an agent is to be the proper object of reactive attitudes like resentment or gratitude for specific actions. Whether one is responsible (in this sense) for any state of affairs depends, not simply on whether one caused that state of affairs to occur, but on whether the choice to bring this state of affairs about belonged to you. Moreover, I argue that that while some tools – specifically, violence – might bolster one’s causal powers, they simultaneously threatening the social contexts that make “choice-ownership” possible. While these tools seem apt to secure our agency, they in fact threaten to destroy it. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. There (...) are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

A tanulmány a republikánus szabadságideálról szól, és annak összefüggéséről a politikai részvétellel. Két fölfogást különít el: az "erőst", mely önértéket, és a "gyöngét" , mely eszközértéket tulajdonít a részvételnek.

Population obesity and associated morbidities pose significant public health and economic burdens in the United Kingdom, United States, and globally. As a response, public health initiatives often seek to change individuals’ unhealthy behavior, with the dual aims of improving their health and conserving health care resources. One such initiative—taxes on sugar‐sweetened beverages (SSB)—has sparked considerable ethical debate. Prominent in the debate are arguments seeking to demonstrate the supposed impermissibility of SSB taxes and similar policies on the grounds that they interfere (...) with individuals’ freedom and autonomy. Commentators have often assumed that a policy intended to restrict or change private individuals’ consumption behavior will necessarily curtail freedom and, as a corollary, will undermine individuals’ autonomy with respect to their consumption choices. Yet this assumption involves a conceptual mistake. To address the misunderstanding, it’s necessary to attend to the differences between negative liberty, freedom of options, and autonomy. Ultimately, concerns about negative liberty, freedom, and autonomy do not provide strong grounds for opposing SSB taxes. (shrink)

In this article we will suggest that the traditional account of the freedom of expression needs revision. The emergence of Internet media has shown that the traditional ideal of a plurality of voices does not in itself lead to fruitful public spheres. Inspired by Foucault’s interpretation of the Greek concept parrhesia we suggest that the plurality of voices should be supplemented with an ideal of courageous truth-telling. We will furthermore argue that the notion of courage has two dimensions that should (...) be taken into account. On the one hand a Derridean reading of courage brings out a disruptive and aporetic feature of courage. On the other hand, courage also needs to be articulated through some kind of goal, which in a public setting calls for a deliberative dimension. We conclude by suggesting that public spheres with courageous truth-telling will facilitate societies in which strong voices and opinions are continuously challenged by less strong voices. (shrink)

The main narratives of prevailing ideas of the Fourth Estate were articulated in the era of traditional mass media, and these traditional narratives are challenged by the changing media landscapes. This raises the question whether traditional narratives of the Fourth Estate should be maintained. We will argue – through a close reading of Derrida’s reflections on the relationship between communicative significance and silence, combined with a deliberative ideal for democracy – that the new structures of communication call for a Fourth (...) Estate that focuses on creating spaces for flexible structures of silence in the public sphere. The Fourth Estate has an obvious assignment of counteracting problematic structures of silence. In this article, we will, however, bring out assignments of creating spaces of silence in the public sphere: by silencing certain dominant voices, making room for an increased lack of answers and creating an awareness of the insufficiencies of the public spheres. (shrink)

In this chapter, I consider the relation of the three major spheres of ethical life that Hegel distinguishes – family, civil society, and the state – and analyse their contribution to the constitution of the "second nature" of objective spirit. Family and civil society are both analyzed by Hegel as ways of taking up and transforming our given nature such that a second ethical nature can be produced. Where the family helps bring forth such a second nature by means of (...) “education” (Erziehung), civil society does so by means of “cultural formation” (Bildung). As I show in sections (I) and (II), these processes are characterised by Hegel as steps of an actualization of freedom insofar they liberate us from our given nature without suppressing it and bring forth a second nature that gives freedom the consistency of living reality. However, while these processes constitute forms of liberation, they are at the same time forms of social subjection, involving discipline and normalization, the subjection to the will of another, and the adaption to the given necessities of the social world. Therefore, the completion of the process of liberation seems to require a third sphere that allows individuals to relate, collectively and politically, to the second nature thus produced. In order for the second nature of spirit to be a self-constitutive actualization of freedom, ethical life thus requires a specific political dimension that I turn to in section (III). While this political process is only possible on the basis of the republican infrastructures of family and civil society, it at the same time calls these infrastructures into question. Although Hegel himself does not develop this dimension properly, his conception of second nature points towards the desideratum of a politics of second nature. I will close the discussion of this political dimension in section (IV) by pointing out the general and diagnostic dimensions that such a politics of second nature can help us elaborate. (shrink)

Gegen die verbreitete Vorstellung, dass Negativität im Interesse von mehr Selbstverwirklichung, Produktivität und Positivität überwunden oder be-grenzt werden muss, eröffnet dieser Band eine andere Perspektive. Er geht den verschiedenen Formen des Negativen in Kunst, Recht und Politik nach, um zu zeigen, dass es nicht allein eine Negativität gibt, die dem Gelingen im Weg steht oder zu dessen sicher beherrschtem Mittel wird. Die Beiträge des Bandes erweisen Negativität vielmehr als eine Kraft der Befreiung, die ein Gelingen anderer Art ermöglicht.

For a long time, Kant’s Doctrine of Right languished in relative neglect, even among Kantians. The work was best known for its uncompromising views on punishment and revolution, and for a seemingly limited and not particularly original emphasis on private property. Kant’s more interesting political claims were often said to be located elsewhere: in the third Critique (Hannah Arendt, Patrick Riley), or the structure of the critical project (Onora O’Neill). When John Rawls explained why his theory of justice could be (...) given a ‘Kantian interpretation’, he drew on concepts found just in Kant’s moral philosophy, bypassing the Doctrine of Right entirely. -/- In recent years, however, there has been an expanding body of work on the Doctrine of Right, by writers like B. Sharon Byrd and Joachim Hruschka, Arthur Ripstein, Elisabeth Ellis, and Lea Ypi. Ripstein and Ellis, in particular, have sought to reframe the arguments of Kant’s text in terms more congenial to contemporary legal and political theory. But can Kant’s arguments really be applied to twenty-first-century political debates? -/- The authors in this collection of essays explore this question in different ways, by looking at different aspects of Kant’s text. What is distinctive about Kant’s conception of the social contract, or human rights? Can a Kantian political philosophy concern itself with poverty and welfare rights? Can a Kantian affirm a conception of civil disobedience? What kind of view should a Kantian have of international relations? Can Kant’s views on punishment be reconciled with a conception of forgiveness? What would a Kantian position be in contemporary debates about marriage? -/- The authors of this volume do not always agree with one another, but they always seek to be faithful to the text, and to understand what a political position grounded in the Doctrine of Right would look like in twenty-first-century terms. (shrink)

Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as non-interference unifies these (...) concerns in a way that does justice to neither. In particular, it focuses our attention on phenomena that are at best tangential, and at worst hostile, to our interest in respect. If we wish to preserve the distinctive significance of the interpersonal, we would be better served by a conception of freedom that focuses immediately on what I call "the social conditions of respect.". (shrink)

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

This paper concerns the relationship between two questions. The first is a question about inner freedom: What is it to be rendered unfree, not by external obstacles, but by aspects of oneself? The second is a question about agency: What is it to fail at being a thing that genuinely acts, and instead to be a thing that is merely acted upon, passive in relation to its own behaviour? It is widely believed that answers to the first question must rest (...) on or be partly explained by answers to the second. Here I argue that this is a mistake: losses of inner freedom are not, after all, explicable in terms of failures of agency. To establish this conclusion, I consider three familiar lines of thought that appear to tie ideas about inner freedom to ideas about agency, each relating to a different conception of inner freedom: absence of inner constraint, self-government, and absence of determination by external forces. I argue that, in each case, any apparent conceptual reliance on a special conception of agency is merely illusory, the result being that we must allow clear water between our theories of inner freedom and our theories of agency. This conclusion is of significance for contemporary theories of agency and personal autonomy, as well as for ‘positive’ conceptions of political liberty. (shrink)

Many political philosophers argue that interference threatens a person’s agency. And they cast political freedom in opposition to interpersonal threats to agency, as non-interference. I argue that this approach relies on an inapt model of agency, crucial aspects of which emerge from our relationships with other people. Such relationships involve complex patterns of vulnerability and subjection, essential to our constitution as particular kinds of agents: as owners of property, as members of families, and as participants in a market for labor. (...) We should construct a conception of freedom that targets the structures of our interpersonal relations, and the kinds of agents these relations make us. Such a conception respects the interpersonal foundations of human agency. It also allows us to draw morally significant connections between diverse species of unfreedom—between, for instance, localized domination and structural oppression. (shrink)

Within the Anglo-American world, economic liberalism is generally viewed as having only one progenitor—Adam Smith—and one offspring—neoliberalism. But it actually has two. The work of G. W. F. Hegel was also very influential on the development of economic liberalism, at least in the German-speaking world, and the most powerful contemporary instantiation of economic liberalism within that world is not neoliberlaism, but ordoliberalism, although this is generally unknown and certainly unacknowledged outside of Continental Europe. Accordingly, what I am going to be (...) doing in this piece is trying to bring ordoliberalism more directly into the light—I will argue that by comparing and contrasting the views of Smith and Hegel or at least between how Smith and Hegel tend to be currently (mis)understood, we can better understand both the roots and the nature of these two contemporary incarnations of economic liberalism, and the light this sheds, in turn, brings some interesting and important features of these two contemporary theories into view. From Smith, for example, neoliberals took the idea of the invisible hand, although I am going to argue that contemporary advocates of invisible hand theory have largely misconstrued or at the very least overstated the significance of this metaphor. From Hegel, in contrast, ordoliberals took the idea of the civil society, and I will argue that the civil society is a much better metaphor not only for Hegel's but also for Smith's views. Indeed, I will argue that ordoliberalism, not neoliberalism, is a better and more coherent instantiation of economic liberalism than neoliberalism could ever be. (shrink)

Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time but have failed to (...) give proper attention to freedom across time. Given that we care about personal freedom now, we have reason to care about future freedom too. But what kind of distribution of freedom across a person’s lifetime should we promote as a matter of legislation and public policy? I argue that none of the candidate principles for the distribution of freedom across time is plausible. Neither a starting gate view, nor a maximisation nor a sufficientarian view is satisfactory, because none adequately reflects our various reasons to value freedom. I show that this result presents a tough challenge for theories of distributive justice and paternalism that set great store by personal freedom. (shrink)

Nudging policies rely on behavioral science to improve people's decisions through small changes in the environments within which people make choices. This article first seeks to rebut a prominent objection to this approach: furnishing governments with the power to nudge leads to relations of alien control, that is, relations in which some people can impose their will on others—a concern which resonates with republican, Kantian, and Rousseauvian theories of freedom and relational theories of autonomy. I respond that alien control can (...) be avoided, if nudging is suitably transparent and democratically controlled. Moreover, such transparency and democratic control are institutionally feasible. Building on this response, I then provide a novel and surprising argument for more nudging: democratically controlled public policy nudging can often contain the power of private companies to nudge in uncontrolled and opaque ways. Therefore, reducing alien control often requires more rather than less nudging in public policy. (shrink)

The article concerns selected problems related to the postulates of equalizing the level of positive liberty. The classic understanding of individual freedom, called as negative, identified with a lack of compulsion, can be in opposition to the so-called positive liberty. The last notion is generally defined by an ability, which brings its relation with a concept of power. The postulate of equality in “freedom to” can be justification for conducting a social redistribution of goods. The cases of voluntary and compulsory (...) donation are considered in the text, whose aim is to visualize consequences resulting from a compulsory expansion of the scope of positive liberty. (shrink)

Democracy simply put, is the government of “the people”. There is no doubt that the rise of “the people” is now a principal political force in our contemporary world. Though democracy is largely celebrated today, Ortega y Gasset, in his book Revolt of the Masses thinks that it is an unfortunate incident. For him, the masses, regrettably, are vulgar. The masses are drunken by the possibilities that contemporary science has made feasible on one hand. Then again, their obscenity keeps them (...) from realizing what to do with the conceivable outcomes. So, the masses float. The masses don't comprehend the past. This absence of knowledge endangers the masses’ progress with negative potential outcomes, but they want to lead, rule and involve in government. The “revolt of the masses” is simply a rebellion of hysteria against reason in human activities. This paper attempts to look critically at Otega’s Revolt of the Masses and democracy. It then agrees that the rise of the people has caused lot of problems, and against democracy, Plato’s philosopher king should be advocated for. (shrink)

Libertarian Quandaries is a slim volume of tight reasoning that makes a resolute case for libertarianism. Libertarianism is “the social philosophy that identifies individual liberty as the most fundamental social value, and by extension treats moral cooperation as the only morally permissible form of social interaction.” More specifically, the book is a compendium of concise rebuttals to commonplace counterarguments advanced against libertarianism. It attempts to show that libertarianism withstands wide-ranging criticisms in principle, but also that it can be implemented in (...) practice. It does an admirable job in this regard. The book is not, however, aimed at lightweight lovers of liberty. The content—conveyed in carefully crafted phrases—makes non-trivial intellectual demands on the reader. (shrink)

This study steps beyond the traditional arguments of feminism and examines homebirth from a libertarian perspective. It addresses the debate over homebirth and midwifery, which includes the use of direct-entry midwives as well as the philosophical implications of individual autonomy expressed through consumer choice. Furthermore, this paper demonstrates that the medical establishment gains economic and political control primarily through medical licensing, and uses the state to undermine personal freedom as it advances a government-enforced monopoly on birth. At the same time, (...) empirical studies have established a substantial record of high safety and low medical complication rates for homebirth as compared to hospital births. Ultimately, the state’s restriction on medical choices is incompatible with the nonaggression principle and voluntarism, and therefore, with libertarianism. (shrink)

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

This article focuses on the socio-economic aspects of migration and migrants – economic refugees. The author presents the migrants as a precarious workforce, which is an indispensable part of modern global capitalism. In this article, the author points out that among the many factors influencing migration, the economic ones play the most crucial role. Forces released by the neo-liberal paradigm led to the global economic and social tensions. This is due to the fact that the market has become the only (...) regulator of economic and social relations. This article is not another critique of neo-liberal doctrine, advocating for replacing capitalism by “something else.” The author believes, similarly to John Gray, that what we need is a consensus between the states on different models of capitalism, as there are different cultures. (shrink)

Is it a stronger interference with people's freedom to withdraw options they currently have than to withhold similar options they do not have? Drawing on recent theorizing about sociopolitical freedom, this article identifies considerations that often make this the case for public policy. However, when applied to tobacco control, these considerations are shown to give us at best only very weak freedom-based reason to prioritize the status quo. This supports a popular argument for so-called “endgame” tobacco control measures: If we (...) believe that cigarettes would and should be withheld from entering markets in hypothetical scenarios in which they do not yet exist, then we also have reason to seek their abolition in situations, such as ours, in which cigarettes do exist—if necessary by banning their sale. The same considerations are then used to disarm objections that have recently been raised to using nudges in public policy. (shrink)

What distinguishes constraints on our actions that make us unfree (in the sociopolitical sense) from those that make us merely unable? I provide a new account: roughly, a constraint makes a person unfree, if and only if, first, someone else was morally responsible for the constraint and, second, it impedes an ability the person would have in the best available distribution of abilities. This new account is shown to overcome shortcomings of existing proposals. Moreover, by linking its account of unfreedom (...) to distributions of abilities, it offers an attractive combination of so-called positive and negative views of freedom. (shrink)

"Introduzione" alla raccolta di articoli di Rahel Jaeggi "Forme di vita e capitalismo", curata e tradotta da Marco Solinas, e uscita per Rosenberg & Sellier nel 20016.

The article deals with selected problems related to the postulates of equalizing the level of positive liberty. The classic understanding of individual freedom as negative freedom, identified with the lack of compulsion, can be opposed to the so-called positive liberty. The latter notion is usually defined in terms of ability, which suggests that there is a relation between the concept of freedom and the concept of power. The postulate of equality with regard to the ‘freedom to’ would occasionally justify social (...) redistribution of goods. The cases of voluntary and compulsory donation are considered in the text the aim of which is to picture the consequences resulting from the compulsory expansion of the scope of positive liberty. Moreover, an attempt to compare the significance of both types of liberty, with a special emphasis on the moral context, has also been made. (shrink)

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its (...) distinctive forms and function. Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands—oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity—once considered irreconcilable, are actually interlocked by the right’s core historical function to protect children’s liberty and equality interests. And yet the right to education is ill equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that the right can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform. (shrink)

La libertad es una de las realizaciones humanas que más se valoran, pero que a la vez es más fácil de perder, la gran mayoría de las veces de forma voluntaria. Los lamentos más usuales son: hemos perdido la libertad, o nuestra libertad está en peligro; pocas veces se dice: hemos entregado la libertad, o, sólo sabemos vivir encadenados. Pero además, se asume la libertad como algo dado, sin más, y no se toma en cuenta que es un estado o (...) condición que hay que preservar, si se tiene, y luchar por incrementarlo. De hecho, la vida es una lucha constante por aumentar la libertad. Otros aspectos incorporados a este ensayo son la fundamentación del sistema de libertades en la libertad individual –siguiendo muy de cerca a Mill-, las características de ese sistema de libertades y el cuestionamiento a las doctrina del “interés nacional” o del “interés general”, como formas veladas de colectivismo, muy estimadas en América Latina. (shrink)

Republicans understand freedom as the guaranteed protection against any arbitrary use of coercive power. This freedom is exercised within a political community, and the concept of arbitrariness is defined with reference to the actual ideas of its citizens about what is in their shared interests. According to many current defenders of the republican model, this form of freedom is understood in strictly negative terms representing an absence of domination. I argue that this assumption is misguided. First, it is internally inconsistent. (...) The central republican focal point of arbitrariness is a necessarily socially-constructed ideal that only exists as the creation of the citizens themselves. Secondly, republican freedom operates in two distinct realms or spheres. There is freedom under a law that is required to uphold the collective good as reflected in society’s norms, and there is freedom within that very system of norms. The threats to freedom from within each sphere are different and must be addressed accordingly. The negative approach, however, conflates the two and emphasises only the dangers faced under the law. This exposes citizens – especially those from marginalised social groups – to domination in the second realm from oppressive social norms. Only by clearly recognising the nature of both kinds of threats can a comprehensive republican freedom be formulated. (shrink)

Many of the Swiss Cantons have regulated the relations between church and state by establishing, in their public law, corporations at the levels of the municipality and of the canton. The role and the rights of these corporations, especially obligatory membership in them, is the object of ongoing political and legal debate. Both on the side of the courts and of the church, the present system has come under scrutiny, while the corporation representatives and also a majority of the population (...) seem intent on maintaining it. This paper explains and examines the presently valid church-state relations, focusing on the Canton of Zurich, and looks at the suggestions for reform elaborated by an experts’ commission instituted by the Conference of Swiss Bishops. In conclusion, it presents some more general reflections on the challenges to individual and corporative religious freedom today, in Switzerland and beyond. (shrink)

Unemployment has been at historically high rates for an extended period, and while it has recently improved in certain countries, the unemployment that remains may be becoming structural. Aside from inequality, unemployment is accordingly the problem that is most likely to put critical pressure on our political institutions, disrupt the social fabric of our way of life, and even threaten the continuation of liberalism itself. Despite the obvious importance of the problem of unemployment, however, there has been a curious lack (...) of attention paid to this issue by contemporary non-Marxist political philosophers. Non-Marxists typically view unemployment as a technical matter, and doing something about it a question of means not ends, with the solution to this question depending on the kind of empirical determinations about what causes what that are best left to economists, not political philosophers. But I think this is a mistake. Because work is a major part of our social life, as well as something that for a great many people grounds their sense of who they are and provides the basis of their sense of self-respect, those unable to find work are missing out on a great deal of what makes for a meaningful life, and not just the economic benefits that social cooperation has to offer. Those who are unemployed accordingly have something to complain about, even if we do not let them starve, and the rest of us (or at least the institutions that represent us) may have some sort of moral obligation to take action to increase the number of employment opportunities currently available regardless of any uncertainty surrounding the effects that any actions open to us might have. The nature and extent of this moral obligation is what On Unemployment is dedicated to exploring. (shrink)

GLOBALIZATION, ARAB SPRING AND THE CHANGING SOCIAL VALUES By Socrates Ebo, PhD -/- ABSTRACT -/- The tumultuous and eponymous events that set-off socio-political changes in the Maghreb from November 2010 were a confirmation or, better still, manifestation of a lager process which had gradually but steadily emerged a major factor in the socio-economic formation of the globe. This factor is no other than the process of globalization; a process that was heightened by the revolutions in Information and Communication Technology (ICT) (...) and the emergence of the New Media. Until the days of the social media, strong men who held authoritarian sway in the Maghreb carried on without any qualms as to the security of their political formation. But the New Media revolution changed all that. This work captures the role of globalization in the revolutions that swept through the Maghreb which have come to be known as the Arab Spring. -/- . (shrink)

Access to surrogacy is often cast in the language of rights. Here, I examine what form such a right could take. I distinguish between surrogacy as a right to assisted procreation, and surrogacy as a contractual right. I find the first interpretation implausible: it would give rise to claims against the state that no state can fulfil, namely the provision of sufficient surrogates to satisfy the need. Instead, I argue that the right to surrogacy can only be plausibly understood as (...) a contractual right. I then investigate two different sets of harms that are often employed to argue against such a contractual interpretation of the right to surrogacy: harm to women's interests in a gendered society, and harm to the sense of self of the surrogate. I assess both of these through the analytical lens of vulnerability. I find neither of them to be convincing arguments against surrogacy contracts. In conclusion, I agree that surrogacy contracts should be carefully regulated, but I disagree with those who call for prohibition of the right to surrogacy as a contractual right. (shrink)

The Risk of Freedom presents an in-depth analysis of the philosophy of Jan Patočka, one of the most influential Central European thinkers of the twentieth century, examining both the phenomenological and ethical-political aspects of his work. In particular, Francesco Tava takes an original approach to the problem of freedom, which represents a recurring theme in Patočka’s work, both in his early and later writings.Freedom is conceived of as a difficult and dangerous experience. In his deep analysis of this particular problem, (...) Tava identifies the authentic ethical content of Patočka’s work and clarifies its connections with phenomenology, history of philosophy, politics and dissidence. The Risk of Freedom retraces Patočka’s philosophical journey and elucidates its more problematic and less evident traits, such as his original ethical conception, his political ideals and his direct commitment as a dissident. (shrink)