Dutch euthanasia legislation states that an act of euthanasia is only permissible if it is based on a voluntary request made in a situation of unbearable suffering to which there are no alternatives.The central question of this article is whether these criteria can be satisfied simultaneously. In an analysis of several (partly overlapping) definitions of voluntariness it is argued that there are circumstances in which this question should be answered negatively.The possible incompatibility of the criteria reveals a tension between different (...) defences of the permissibility of euthanasia. (shrink)

This paper presents a non-preference-based approach to the analysis of negative freedom. It is argued that a proper understanding of (different conceptions of) negative freedom necessitates an examination of the consequences of changes in the set of feasible alternatives. For this reason the paper does not focus on freedom rankings of opportunity sets but on freedom rankings of opportunity situations, i.e., pairs consisting of a feasible set and an opportunity set. Three different freedom rankings of opportunity situations are axiomatically characterised. (...) Each of the three rankings forms a generalisation of the purely cardinality-based freedom ranking of opportunity sets presented by Pattanaik and Xu (1990). (shrink)

Freedom is one of the most important moral and political ideals. Questions concerning degrees of overall freedom are therefore of the utmost moral and political concern. To answer these questions we need to know how to measure degrees of overall freedom. This paper offers a novel defence of the partly evaluative approach to freedom measurement against a recent critique of it. According to the partly evaluative approach, the question of how free one is depends partly on the specific value of (...) the freedoms one possesses and partly on their physical extension. According to the critique, because of its reference to freedoms’ specific value, the partly evaluative approach fails to capture freedoms’ non-specific value, which is what it should capture. In this paper I argue that this critique is unfounded, by showing that even measures of more mundane things, which nevertheless, like freedom, present us with a commensuration problem, sometimes involve evaluative considerations similar to the ones that the partly evaluative approach invokes. (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)

When assessing institutions and social outcomes, it matters how free society is within them (‘societal freedom’). For example, does capitalism come with greater societal freedom than socialism? For such judgements, freedom theorists typically assume Individualism: societal freedom is simply the aggregate of individual freedom. However, G.A. Cohen’s well-known case provides a challenge: imagine ten prisoners are individually free to leave their prison but doing so would incarcerate the remaining nine. Assume further that no one actually leaves. If we adopt Individualism (...) plus the standard liberal view of freedom, such incarceration seems to leave societal freedom unaffected. This is an important theoretical challenge: it seems we must either reject Individualism or reject, or at least amend, the liberal view. Cohen also suggests his case, and the collective unfreedom therein, helps us capture how proletarians are unfree under capitalism. In this article, I argue that we can solve Cohen’s puzzle, if we focus on how power can reduce freedom. If we adopt the republican view of freedom, we can say that prisoners are unfree in Cohen’s case because they are dominated by the other prisoners. This solution keeps Individualism but moves beyond liberal freedom. I then also show how this individualistic framework captures proletarian unfreedom. (shrink)

The concept of ecosystem services is a way of visualizing the instrumental value that nature has for human beings. Most ecosystem services can be performed by more than one species. This fact is sometimes used as an argument against the preservation of species. However, even though substitutability does detract from the instrumental value of a species, it also adds option value to it. The option value cannot make a substitutable species as instrumentally valuable as a non-substitutable species, but in many (...) cases, it can add enough value to make the species more valuable than the projects that threaten its existence. (shrink)

There exists psychological evidence that consumers do not consider all available items in the market, which can lead to the “more-is-less” effect, a phenomenon where having more options causes a welfare reduction (Llears et al. in J Econ Theory 170:70–85, 2017). Under this more-is-less effect, we face a dilemma that adding new opportunities may both improve and worsen individual well-being. This study proposes a hypothesis that “more is always better,” which implies that adding new opportunities cannot worsen individual well-being, is (...) a bias to which moral heuristics leads. A satisfactory resolution of this dilemma is act-consequentialism over menus, which is an ex-post and third-party evaluation of opportunity sets. We provide an axiomatic foundation for act-consequentialism over menus and apply it to policymakers’ menu-providing policies. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

A standard liberal claim is that freedom of choice is not only instrumentally valuable but also intrinsically valuable, that is, valuable for its own sake. I argue that each one of five conditions is plausible if freedom of choice is intrinsically valuable. Yet there exists a counter-example to the conjunction of these conditions. Hence freedom of choice is not intrinsically valuable.

Republican freedom is freedom from domination juxtaposed to negative freedom as freedom from interference. Proponents argue that republican freedom is superior since it highlights that individuals lose freedoms even when they are not subject to interference, and claim republican freedom is more ‘resilient’. Republican freedom is trivalent, that is, it includes the idea that someone might be non-free to perform some actions rather than unfree, and in that sense everyone regards republican freedom as different from negative freedom. Trivalence makes republican (...) freedom moralized according to negative libertarians. Beyond that, negative libertarians argue that all the supposed advantages of republican freedom are compatible with those of pure negative-freedom measures. That is, losses and gains of republican freedom are captured in measures of pure negative freedom, and any protection for republican freedom also protects negative freedom, ensuring each is equally resilient. Since republican freedom has no advantages over negative freedom, but has other problems (is moralized and is trivalent), negative freedom is superior. I examine this debate in this article through the ‘coalition problem’ for republican freedom. The coalition problem is that since there is always a coalition of others who could dominate any agent in any sphere, all agents are subject to domination, and hence no one can ever have republican freedom. Pettit’s simple solution to this reductio ad absurdum distinguishes potential from actual coalitions. Individuals are only dominated by actual coalitions, and not by potential ones. The simple solution highlights moralization problems as it demonstrates that domination cannot be purely institutionally defined, but requires consideration of dispositions and expectations about others’ behaviour. I argue that the differences between the ‘free man’ and ‘unfree person’ paradigmatic to republican arguments is best captured not by the difference between domination and interference, but, rather, from familiar distinctions between different types of rights and freedoms. Resilience is a practical matter that might track some of these familiar distinctions. (shrink)

Analytic political philosophy tries to make our political language more precise. But in doing so it risks departing from our natural language and intuitions. This article examines this tension. We...

This article argues for a novel approach to the measurement of freedom of choice, on which the availability of an option is a matter of degree, rather than a bivalent matter of being either available or not. This approach is motivated by case studies involving weakness of will, where deficiencies in willpower seem to impair individual freedom by making certain alternatives much harder to pursue. This approach is perfectly general, however: its graded analysis of option availability can be extended to (...) cases where weakness of will is not involved and can be used to generalize numerous existing measures of freedom. (shrink)

If preference-based freedom rankings are based on all-things-considered preferences, they risk judging phenomena of adaptive preferences as freedom enhancing. As a remedy, it has been suggested to base preference-based freedom rankings on reasonable preferences. But this approach is also problematic. This article argues that the quest for a remedy is unnecessary. All-things-considered preferences retain information on whether the availability of an option contributes to the value that freedom has for a person’s self-expression. If preference-based freedom rankings use all-things-considered preferences to (...) evaluate whether an option contributes to a person’s self-expression, they are immune to the problem posed by adaptive preferences. (shrink)

This paper is about the measurement of specific freedoms freedom functionbeing free to performconditional probability of success.negative freedom is membership of powerful coalitions.”.

Ranking finite subsets of a given set X of elements is the formal object of analysis in this article. This problem has found a wide range of economic interpretations in the literature. The focus of the article is on the family of rankings that are additively representable. Existing characterizations are too complex and hard to grasp in decisional contexts. Furthermore, Fishburn (1996), Journal of Mathematical Psychology 40, 64–77 showed that the number of sufficient and necessary conditions that are needed to (...) characterize such a family has no upper bound as the cardinality of X increases. In turn, this article proposes a way to overcome these difficulties and allows for the characterization of a meaningful (sub)family of additively representable rankings of sets by means of a few simple axioms. Pattanaik and Xu’s (1990), Recherches Economiques de Louvain 56, 383–390) characterization of the cardinality-based rule will be derived from our main result, and other new rules that stem from our general proposal are discussed and characterized in even simpler terms. In particular, we analyze restricted-cardinality based rules, where the set of “focal” elements is not given ex-ante; but brought out by the axioms. (shrink)

In this essay I discuss a person’s freedom to choose whatever that person may reasonably prefer to choose. This type of freedom of choice may be regarded as a candidate for a social good, being a hybrid between freedom of choice and preference satisfaction utility. To separate this preference dependent freedom of choice from other types, we may call it opportunity. The essay is concerned with the question of how opportunity should be identified and measured. I discuss what conditions an (...) opportunity measure should satisfy and propose that an opportunity measure should satisfy at least four specific conditions. I then present a new class of measures which satisfy the four conditions (the Root measures). Last I prove that these measures are the only ones that satisfy the conditions, given the extra assumption that the measures are analytic functions with non-zero partial derivatives. (shrink)

Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...) work on the value of freedom, it will be argued that freedom is non-specifically instrumentally valuable. Accordingly, freedom is a means to other goods, but often it is not possible to identify those goods in advance or aim for them directly. Some of the reasons that make freedom non-specifically valuable for human relationships, it will be argued, also apply to relationships between humans and animals. Amongst other implications, it will be shown how this argument provides a response to those who fear that stricter animal protection policies might undermine people’s freedom: A concern for freedom actually requires stricter protection policies rather than speak against them. (shrink)

According to the doctrine of informed consent medical procedures are morally permissible when a patient has consented to the treatment. Problematically it is possible for a patient to consent to or refuse treatment which consequently leads to a decline in her best interests. Standardly, such conflicts are resolved by prioritising the doctrine of informed consent above the requirement that the medical practitioner acts in accordance with the duty of care. This means that patient free choice is respected regardless as to (...) whether her choice leads to a decline in her best interests, since to disrespect patient choice would be an instance of ‘unwarranted’ paternalism. This thesis defends the claim that in cases where patient consent comes into conflict with her best interests, paternalistic interference is in fact justified. The ambition of the thesis is thus twofold: in the first place I argue that the doctrine of informed consent cannot be used as an ethical guarantor for medical decision making. Secondly I will conclude that hard paternalism is justified in medical practice, thereby calling for a reversal of the prioritisation of informed consent procedures over the medical practitioner’s duty of care. (shrink)

The thesis studies the problem of measuring freedom of choice. It analyzes the concept of freedom of choice, discusses conditions that a measure should satisfy, and introduces a new class of measures that uniquely satisfy ten proposed conditions.