_ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply a (...) right to legal self-ownership. Nonetheless, a concern for animal option-freedom means that humans do have a _pro tanto_ duty of non-interference. Arguments familiar from the liberal tradition moreover imply that such a duty speaks for drastic reforms of existing animal law. But it does not imply wholesale abolitionism: it neither rules out positive duties towards animals nor means that we should abandon all interactions with animals. (shrink)

Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...) unfree person, the case of a slave with a non-interfering master is often cited as providing a good argument for the first republican claim and against a negative conception of freedom. One aim of this article is to raise doubts about whether this is true. The other aim of the article is to show that the prisoner—also a paradigm of the unfree person—presents a good argument against the second republican claim and in favour of a negative conception of freedom. This is called the ‘prisoner-argument’. It will be argued that neither Pettit’s distinction between free persons and free choices nor his distinction between compromising and conditioning factors of freedom can help to rebut the charge of the prisoner-argument. (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)

ABSTRACT Liberal political philosophy has little of interest to say about the social liberty of the physically disabled. It accepts that the physically disabled and the able‐bodied are equally at liberty, even though the former can do far less than the latter; and it concludes that there are no interesting political statements we can make about their situation. In this essay, I assume that the physically disabled are unfree, not merely unable, to use public facilities which do not take their (...) disability into account, thereby excluding them. I criticise liberal theories of liberty by exposing and questioning the assumptions which entail the liberal theorist's rejecting this claim. I conclude that there is a form of negative liberty which does enable the liberal theorist to make political statements about the freedom of the disabled [1]. (shrink)

This paper assesses the most well thought out contemporary conception of republican liberty put forward by Philip Pettit and Quentin Skinner. I demonstrate that it is incoherent: at least insofar as it seeks to pick out a form of unfreedom not captured by the negative conception of liberty. This incoherence arises because Pettit and Skinner cannot both hold that republican unfreedom is defined by one agent’s mere capacity to interfere arbitrarily with another agent and, at the same time, claim that (...) republican freedom can be promoted by deterrence mechanisms. My contribution to contemporary republican theory is to suggest that a coherent republican conception can be achieved, however, through an important revision. This is to replace Pettit and Skinner’s antonym of republican liberty—the power to interfere arbitrarily—with a higher order power—the power to determine arbitrarily rules with respect to interference. This revised conception does pick out a genuinely distinct extension of unfreedom from the negative liberty conception. I believe it also reflects an important intuitive sense in which we may understand ourselves to be unfree, that is, to live under the rule of another. (shrink)

Ian Carter argues against what he calls the ?specific freedom thesis?, which claims that in asking whether our society or any individual is free, all we need or can intelligibly concern ourselves with is their freedom to do this or that specific thing. Carter claims that issues of overall freedom are politically and morally important and that, in valuing freedom as such, liberals should be committed to a measure of freedom overall. This paper argues against Carter?s further claim that rejection (...) of the specific freedom thesis requires rejection of morally based determinations of degrees of overall freedom. Using a concept of freedom as a capacity to pursue one?s interests, it is argued that the value of freedom overall is not reducible to the value of specific freedoms, and that conditions of action can be determined as constraints only within the context of their impact on freedom overall. Taking the case of coercive proposals, it is argued that we must evaluate the morality of the circumstances in which conditional proposals are made if we are to weigh the opportunities and constraints contained in the proposal to determine whether its recipient suffers a loss of overall freedom. We must therefore appeal to values other than that of liberty itself to determine degrees of liberty overall, which we require in turn to determine whether threats or offers are coercive. (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)

The idea of coercion is one that has played, and continues to play, at least two importantly distinct moral-theoretic roles in our thinking. One, which has been the focus of a number of recent influential treatments, is a primarily deontic role in which claims of coercion serve to indicate relatively weighty prima facie wrongs and excuses. The other, by contrast, is a primarily axiological or eudaimonic role in which claims of coercion serve to pick out instances of some distinctive kind (...) of pro tanto human bad (such as unfreedom or interpersonal subjection). I argue that this turns out not to be a simple case of one idea put to two different uses, but rather a case of two subtly distinct ideas in need of separate philosophical treatment. Moreover, although often relatively neglected, the primarily eudaimonic idea of coercion is of enduring importance to both liberal-perfectionist and socialist political moralities, as well as to personal ethics. This paper aims to elucidate it and to examine its relationship to its better-theorised deontic cousin. In addition, the paper seeks to show how a better understanding of these aspects of the concept can enable us to resolve certain important and long-standing theoretical disagreements, such as the dispute over whether coercion is an ‘essentially moralised’ concept and the dispute over whether (genuine) offers can be coercive. (shrink)

The philosophical problems of liberty may be classified as those of definition, of justification and of distribution. They are so complex that there is a danger of being unable to see the wood for the trees. It may be helpful, therefore, to provide an aerial photograph of a large part of the wood, namely, the liberty ofindividual persons. But it is, of course, a photograph taken from an individual point of view, as Leibniz would have put it.

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (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)

Are we free? What does "freedom" mean here? In the following, I shall only focus with freedom of action. My main thesis is that there is not just one basic type of free action but more. Philosophers, however, tend to assume that there is just one way to act freely. Hence, a more detailed analysis of free action is being called for. I will distinguish between different kinds of free action and discuss the relations between them. The analysis of different (...) types of coercion will lead to a different view on freedom – a view which stresses the many faces of free action. (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)