A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...) concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

_ 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)

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)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

A collective volume in memoriam Mihail Radu Solcan.

Over the past decade, the Five Eyes Intelligence community has argued cryptosystems with end-to-end encryption (E2EE) are disrupting the acquisition and analysis of digital evidence. They have labelled this phenomenon the ‘problem of going dark’. Consequently, several jurisdictions have passed ‘responsible encryption’ laws that limit access to E2EE. Based upon a rhetorical analysis (Cunningham in Understanding rhetoric: a guide to critical reading and argumentation, BrownWalker Press, Boca Raton, 2018) of official statements about ‘going dark’, it is argued there is a (...) need for a domain-specific principle of cryptographic justice to reorient the debate away from competing technocratic claims about the necessity, proportionality, and accountability of digital surveillance programs. This article therefore specifies a principle of cryptographic justice by adapting more general norms of information justice to decision-making about encryption law and policy. The resulting principle is that encryption laws and policies should be designed to empower the comparatively powerless to protect themselves from domination (i.e., morally arbitrary forms of surveillance). It is argued this principle can reorient decision-making about encryption law and policy towards consideration of how cryptography impacts systems-level power dynamics within information societies. (shrink)

New technologies are the source of uncertainties about the applicability of moral and morally connotated concepts. These uncertainties sometimes call for conceptual engineering, but it is not often recognized when this is the case. We take this to be a missed opportunity, as a recognition that different researchers are working on the same kind of project can help solve methodological questions that one is likely to encounter. In this paper, we present three case studies where philosophers of technology implicitly engage (...) in conceptual engineering (without naming it as such). We subsequently reflect on the case studies to find out how these illustrate conceptual engineering as an appropriate method to deal with pressing concerns in the philosophy of technology. We have two main goals. We first want to contribute to the literature on conceptual engineering by presenting concrete examples of conceptual engineering in the philosophy of technology. This is especially relevant, because the technologies that are designed based on the conceptual work done by philosophers of technology potentially have crucial moral and social implications. Secondly, we want to make explicit what choices are made when doing this conceptual work. Making explicit that some of the implicit assumptions are, in fact, debated in the literature allows for reflection on these questions. Ultimately, our hope is that conscious reflection leads to an improvement of the conceptual work done. (shrink)

This paper challenges the view that contentment leads to personal freedom and autonomy and argues for a relational and exercise concept of de facto freedom in the Zhuangzi 莊子. I first review influential interpretations of freedom in the Zhuangzi that equate freedom with contentment and nonfrustration, starting with Guo Xiang's 郭象 (d. 312 CE). By putting these interpretations in dialog with contemporary social philosophy (Christman, Meyers, Pettit, Elster, and Khader), I reflect on the two seminal problems of the psychologizing causal (...) and procedural approaches that allow the interpretation of freedom as contentment: the “happy slave” problem and the “sour grapes” problem. Proving this account of freedom inadequate, I argue for a different interpretation of freedom in the Zhuangzi that resembles a weakly substantive and constitutive account of freedom and autonomy in modern‐day social philosophy terms, such as Marina Oshana's. The theory of freedom that I analyze in the Zhuangzi, however, helps us correct the risk of material determinism of the constitutive account, offering a description of relational freedom and autonomy as constituted by socio‐material conditions but not determined by them. (shrink)

This paper explores the implications of a radical republican conception of freedom as non-domination, rooted in the anarchist tradition. In discussing both the non-statist theoretical frameworks and the practical educational experiments associated with this tradition, I suggest that it can add a valuable dimension to recent critical work in philosophy of education that draws on the republican idea of freedom as non-domination.

Journal of Political Philosophy, EarlyView.

The republican ideal of freedom as non-domination stresses the importance of certain social relationships for a person’s freedom, showing that freedom is a social-relational state. While the idea of non-domination receives a lot of attention in the literature, republican theorists say surprisingly little about equality. My aim in this paper is therefore to carve out the contours of a republican conception of equality. In so doing, I argue that republican accounts of equality share a significant normative overlap with the idea (...) of ‘social equality’. However, closer analysis of Philip Pettit’s account of ‘expressive egalitarianism’ (which he sees as inherently connected to non-domination) and recent theories of social equality shows that republican non-domination – in contrast to what Pettit seems to claim – is not sufficient for securing (republican) social equality. In order to secure social equality for all, republicans would have to go beyond the ideal of freedom as non-domination. (shrink)

Foucault’s theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of ‘freedom as critique’: Freedom can be defined as the capability to critically reflect upon one’s own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault’s thinking obscures freedom. The standard response (...) interprets Foucault’s later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault’s work. By differentiating these concepts, this article proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for ‘modal robustness’ and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault’s thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion about freedom. (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 negative liberty as non-interference is operative in the concept of a free market and stipulates that market relations remain outside the purview of social control. As a purported self-regulating system, however, the market functions as a system of necessity that facilitates and rules social life. I argue that Isaiah Berlin’s defense of negative liberty leads to a paradox as it entails subjection to the external necessity of a self-regulating market. The argument for the self-defeating nature of negative (...) liberty relies on two philosophical insights that have their roots in G. W. F. Hegel’s theory of self-determination. First, negative liberty fails to account for the inner and outer conditions of freedom and thus reduces to mere whim or arbitrariness, subject to heteronomous forces but masquerading as license. Second, individual freedom is intersubjectively mediated in its deliberative process and framed by social and political institutions in its exercise; thus, free agency must be theorized as embedded agency. I challenge the association of freedom and the market and the automatic and unchallenged implication of deregulation and freedom. Deregulation, rather, leaves the community’s future development to the whims of economic players using a rhetoric of freedom as both lure and principle. (shrink)

The article examines Quentin Skinner's influential interpretation of Machiavelli's views on liberty, and the sharp divergence between his methodological ideas and his actual practice. The paper explores how Skinner's political ideals directed his interpretation against his own methodological precepts, to offer a basis for a ‘revival’ of republican theory. Skinner's reinterpretation of Machiavelli as a theorist of negative liberty is examined, and refuted. The article analyses Skinner's claim about liberty as the key political value for Machiavelli, and demonstrates that liberty (...) is secondary to empire on the list of Machiavelli's priorities. Skinner's vocabulary and efforts to tone down or ignore Machiavelli's more aggressive ideas are closely examined. The analysis offered in the article, it is suggested, has wider implications, showing the difficulty of applying contextualism in practice, by the very founder of this approach in the history of ideas. (shrink)

Ecological sustainability is essential in order to ensure human flourishing and human freedom.1 There is a scientific consensus regarding the anthropogenic origin of the activities leading to diffe...

The need for ecological sustainability has been translated into different indicators such as the ‘ecological footprint’ and the ‘planetary boundaries’. Analysis of both concepts concludes that the planet is currently undergoing a period of ecological unsustainability. For this reason, ecologists argue that various limits are required in order to move to a path of sustainability. The implementation of such limits has mostly been analysed from the perspectives of environmental rights and environmental justice, however research in terms of freedom is (surprisingly) (...) still lacking. In what way do such limits have an impact on freedom? I will argue that there are two different ways to analyse the relation between freedom and ecological limits: on the one hand, freedom is often referred to as being in competition with ecological sustainability and the limits it is required to impose, and, on the other hand, the impact on an individual’s freedom due to ecological catastrophe if strict limits are not implemented. Accepting that freedom is an important topic regarding ecological challenges, I ask which conception of freedom is better suited to answer this challenge as well as the required implementation of ecological limits. I compare and confront the closely linked conceptions of freedom as non-frustration and the closely linked conception of non-limitation, as well as non-interference and the conception of freedom as non-domination. After presenting these conceptions I examine their relationship with ecological limits. The conclusion is that the conception of freedom as non-domination is better placed to justify ecological limits necessary to promote an ecologically sustainable future. (shrink)

Freedom is sometimes cast as the psychological ideal that distinguishes human beings from other animals; sometimes as the ethical ideal that distinguishes some human beings from others; and sometimes as the political ideal that distinguishes some human societies from others. This paper is an attempt to put the three ideals in a common frame, revealing their mutual connections and differences.

Some contemporary anarchist scholarship has rejected the Enlightenment-inspired reliance on reason that was supposedly central to classical anarchist thought and expanded the anarchist critique to address issues ignored by their classical predecessors. In making reason the object of critique, some contemporary anarchists expanded the anarchist framework to include critiques of domination residing outside the traditional power centers of the state, the capitalist firm, and the church thereby shedding light on the authoritarian tendencies inherent in the intellect itself. Though contemporary anarchist (...) scholarship has sought to apply this anti-authoritarian ethos to the realms of epistemology and ontology (by employing Michel Foucault’s analysis of power and other postfoundational thinkers), their own framework of analysis is glaringly susceptible to what Habermas called a “performative contradiction.” In questioning the authority of aspects of even our own intellect (and the epistemological and ontological presuppositions that accompany it) we call into question even the authority of our own argumentation. I answer this “contradiction” by interrogating two intellectual traditions. Firstly, I question a key postfoundational anarchist premise. Namely, I assess whether an understanding of classical anarchist thinkers as quintessential children of the Enlightenment is justified. Secondly, I offer an alternative path to reconciliation between the anti-authoritarian values of the anarchists and the anti-metaphysical values of the postfoundationalists (that I think mirrors anarchist anti-authoritarian concerns) by suggesting we are better served to think of an anti-authoritarianism of the intellect by employing three key twentieth century thinkers: Richard Rorty, Paul Feyerabend, and Ludwig Wittgenstein. I do so while anchoring Rorty’s, Feyerabend’s, and Wittgenstein’s philosophies in the 19th century anti-metaphysical thought of Friedrich Nietzsche and the philosophical anarchism of Max Stirner. (shrink)

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...) powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

A traditional picture is that cases of deontic constraints--- cases where an act is wrong (or one that there is most reason to not do) even though performing that act will prevent more acts of the same morally (or practically) relevant type from being performed---form a kind of fault line in ethical theory separating (agent-neutral) consequentialist theories from other ethical theories. But certain results in the recent literature, such as those due to Graham Oddie and Peter Milne in "Act and (...) Value", do not sit well this traditional wisdom. My aim in this paper is to argue that both the traditional wisdom and Oddie and Milne are mistaken. I begin by looking more closely at the traditional wisdom and why it fails (§1). Then I develop my account of this fault line in ethical theory and its importance (§2). Finally I show that a diagnosis of where Oddie and Milne go wrong follows as a corollary of this new account (§3). An important upshot will be that discussions of cases of deontic constraints would do best to focus on the account of the nature and importance of the cases identified in this paper rather than continuing to work with the mistaken traditional picture. (shrink)

The literature on the metaphysics of gender is partially marked by a tension between conceptions that understand gender categories as importantly at least partly self-determined identities and those that understand them as social or cultural categories imposed upon others as a tool of oppression. I argue that this tension can be mediated by understanding gender categories as essentially contested. I then draw on “radical functionalism” to argue that, while, divorced of context, competing conceptions can simultaneously explicate an essentially contested concept, (...) within context, some conceptions better meet background purposes underlying the use of the concept than others. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...) clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

ABSTRACT Isaiah Berlin’s criticisms of positive liberty are often read as mere artefacts of his Cold War context. But are they good criticisms? This article evaluates Berlin’s three main worries about positive liberty—the inner-citadel worry, the moralization worry, and the tyranny worry. I find that while they may be reasonable worries to have about any concept of liberty, they are not compelling criticisms of positive liberty in particular.

There has been an increased focus within the AI ethics literature on questions of power, reflected in the ideal of accountability supported by many Responsible AI guidelines. While this recent debate points towards the power asymmetry between those who shape AI systems and those affected by them, the literature lacks normative grounding and misses conceptual clarity on how these power dynamics take shape. In this paper, I develop a workable conceptualization of said power dynamics according to Cristiano Castelfranchi’s conceptual framework (...) of power and argue that end-users depend on a system’s developers and users, because end-users rely on these systems to satisfy their goals, constituting a power asymmetry between developers, users and end-users. I ground my analysis in the neo-republican moral wrong of domination, drawing attention to legitimacy concerns of the power-dependence relation following from the current lack of accountability mechanisms. I illustrate my claims on the basis of a risk-prediction machine learning system, and propose institutional and project-specific solutions to mitigate domination. (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)

In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and talents are (...) roughly equally able to use their economic liberties to develop and pursue a conception of the good. This, I will argue, is a very demanding standard that requires aggressive taxation and redistribution. (shrink)

A recent interpretation of artificial intelligence (AI) (Floridi 2013, 2022) suggests that the implementation of AI demands the investigation of the binding conditions that make it possible to build and integrate artifacts into our lived world. Such artifacts can successfully interact with the world because our environment has been designed to be compatible with intelligent machines (such as robots). As the use of AI becomes ubiquitous in society, possibly leading to the formation of increasingly intelligent bio-technological unions, there will likely (...) be a coexistence of a plethora of micro-environments wrapped and tailored around humans and basic robots. The key element of this pervasive process will be the capacity to integrate biological realms in an infosphere suitable for the implementation of AI technologies. This process will require extensive datafication. This is because data is the basis of the logical-mathematical codes and models that drive and guide AI. This process will have huge consequences on workplaces, on workers, as well as on the decision-making processes required for the functioning of future societies. In this paper we will offer a comprehensive reflection on the moral and social implications of datafication as well as a set of considerations about its desirability, which will be informed by the following insights: (1) full protection of privacy may become structurally impossible, thus leading to undesirable forms of political and social control; (2) worker’s freedom may be reduced; (3) human creativity, imagination, and even divergence from AI logic might be channeled and possibly discouraged; (4) there will likely be a push towards efficiency and instrumental reason, which will become preeminent in production lines as well as in society. (shrink)

Some have recently argued that the current generation dominates future generations by causing long-term climate change. They relate these claims to Philip Pettit and Frank Lovett's neorepublican theory of domination. In this paper, I examine their claims and ask whether the neorepublican conception of domination remains theoretically coherent when the relation is between current agents and nonoverlapping future subjects. I differentiate between an ‘outcome’ and a ‘relational’ conception of domination. I show how both are theoretically coherent when extended to posterity (...) but only if we make different definitional and normative choices than those made by Pettit and Lovett. (shrink)

In this paper, I examine whether the concept of domination can be used to provide a coherent normative justification for policies or institutional changes regarding individuals who are members of f...

This article argues that Hayek employed a neo-Roman concept of liberty. It will show that Hayek’s definition of liberty conforms to that provided by Philip Pettit and Quentin Skinner, respectively...

ABSTRACT This is a response to the comments by Filipe Campello, Julian Culp, Klaus Dingwerth and Julian Eckl, Indira Latorre, and Uchenna Okeja within the present book symposium discussing my book Billionaires in World Politics. While disagreeing with some critiques, I welcome most of the comments as invitations for theoretical refinement and further research. I start with questions about conceptual delineations and the structural background, arguing that ‘political modernity’ is a concept that is too broad to capture the specific context (...) that allows billionaires to exercise power on the world stage. Then I address questions of agency, which are about the relationships between individual billionaires and collective actors, and the associated issue of legitimacy. The connection between billionaires and their corporations receives special attention, and is discussed in relation to legal innovations that establish individual accountability. I end with thoughts about neo-feudalism, a concept that I reject, because the political agency of billionaires remains wedded to capitalism. (shrink)

Imagine you are walking through a park. Suddenly, a mugger points a gun at you, threatening to shoot you if you do not hand over your valuables. Is this an instance of domination? Many authors working within the neo-republican framework - including Philip Pettit himself - are inclined to say 'yes'. After all, the mugger case seems to be a paradigmatic example of what it means to be at someone's mercy. However, I argue that this conclusion is based on a (...) misleading, interactional account of domination that misconceives its structural character. Domination, I maintain, is a structurally constituted form of power. Whether the mugger in the park dominates you or not can only be established by analysing the wider power structures in which your interaction is embedded. (shrink)

This paper is on the paradox of a right, the right to education that is almost universally declared as compulsory. The reason for the compulsion seems to be in its nature as a right. Within a Hohfeldian framework, any claim-right has a corresponding duty. Given that making education compulsory equates to establishing a duty, the possible candidates to the duty generating right-bearers are considered.The rationales for compulsion from the points of view of positive (for one’s own good), negative (no compulsion (...) at all), and republican liberty (society right) are analyzed, and the conclusion is reached that none of the three can produce sufficient justification for compulsion. The main conclusion is that education is a right, not an obligation. Therefore, neither the children nor their families can be legally forced to an unrestricted exercise of this right without even being heard. The law must reflect, in its progressive flexibility, the growing possibilities of choice for right-holders who are adults ‘in fieri’. (shrink)

Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This article challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, (...) I claim the question facing us is not the easy one of either law or social norms. Respecting this draws attention to the unique risks to our freedom introduced by both sets of norms. (shrink)

ABSTRACT Despite being generally recognised as Camus’ most important philosophical essay, L’Homme révolté is rather neglected in the scholarship and enjoys a limited readership, especially among Anglophone critics and readers – a fact brightly reflected in the questionable quality of the only English translation, by Anthony Bower, and in the decision of Hamish Hamilton and Penguin, Camus’ publishers in the UK, to cut about thirty pages of text from their edition, ‘in the interests of economy.’. This essay examines one brief (...) but crucially important section of L’Homme révolté concerned with Rousseau’s Du contrat social. It explores the centrality of Camus’ analysis of Rousseau’s essay and its influence on the French Revolution to the arguments of L’Homme révolté, especially as these pertain to political or revolutionary violence. It also examines in close detail some striking parallels between Camus’ analysis of Rousseau and that found in essays by Isaiah Berlin and Philip Pettit. (shrink)

In this paper I argue that the distinction between moral responsibility and autonomy can illuminate various debates about the Zygote Argument. Having made this distinction, one can see how these manipulation arguments are unsuccessful. Building on previous work, I also argue that this distinction can provide a framework for understanding other important work in agency theory, including that of Harry Frankfurt and Gary Watson.

O conceito de liberdade negativa se tornou corriqueiro na filosofia política, ao menos desde os trabalhos de Constant e Berlin. Igualmente, é quase um lugar comum referir o mesmo a Hobbes, como sendo quem por primeiro o formulou. O texto apresenta o referido conceito em Hobbes, a partir de duas críticas ao mesmo, quais sejam, aquela segundo a qual o seu conceito definir-se-ia em função da satisfação de desejos, de tal forma que não haveria impedimento se os desejos fossem adaptados (...) às necessidades, e aquela segundo a qual haveria uma inconsistência na sustentação de que o medo da sanção das leis jurídicas seria um impedimento da liberdade. A resposta à primeira objeção se dará pela afirmação de que a liberdade negativamente definida como não-interferência é imune à tese do controle dos desejos, pois a vontade não é livre. Por seu turno, a resposta à segunda objeção se dará pela distinção entre a coação física da lei e o efeito oblíquo desta sobre as paixões. (shrink)

In Roger Pielke Jr.’s The Honest Broker (2007) he discusses different roles a scientist can adopt when giving advice to policymakers. The honest broker role focuses on clarifying and expanding the scope of choice for others. This role has the virtues of being sensitive to known problems with experts being partisan by stealth, dominating policy decisions by controlling knowledge input, and reducing the scope of considerations deemed relevant to decision-making. Yet I argue that to the extent the honest broker role (...) involves expanding the scope of choice, an array of problems arises. These include ambiguity about which and whose consensus ought to guide scientists in their decisions about what role to adopt, an implicit tendency to insulate politics from science, and a possible replication of the anti-pluralism of political populism. Drawing upon Phillip Pettit’s critique of Isaiah Berlin’s account of freedom as non-interference, I argue that the honest broker role for scientists inherits the problems afflicting accounts of freedom as the non-restriction of options: namely, the problems of adaptive preference formation and ingratiation. On this basis I suggest not advising scientists to be honest brokers, because doing so might fail to help them be reflexive scientists. (shrink)

An often overlooked tension in liberal theory turns on its commitment to procedural accounts of legitimacy on the one hand, and to the robust protection of the right of citizens to dissent on the other. To the extent that one evaluates legitimate decision-making on the basis of the procedures that bear on it, determining how extra-procedural expressions of dissent fit into the picture becomes a complex undertaking. This is especially true if one accepts that protecting extra-procedural expressions of dissent is (...) itself foundational to the overall legitimacy of the state. My aim in this paper is to explore some of the implications that follow from this tension. The paper proceeds in two parts. In the first part, I review the political grounds that support a protection on dissent. By drawing on its republican foundations, I argue that the functional role that the right to dissent serves in complex political communities is intimately connected to concerns over legitimacy. I claim that for the right to perform its function successfully, protections must be placed on both procedural and extra-procedural forms of dissent. The second part of the paper issues a direct challenge to procedural accounts of legitimacy. If a protection on citizen dissent is vital to legitimating government action, and if that protection necessarily extends to both procedural and extra-procedural forms of dissent, it follows that legitimacy cannot be captured by procedure alone—even procedures that secure the fair and equal participation by all affected parties. (shrink)

According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the former but a (...) scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation. (shrink)

In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...) power, criminal procedures and economic resources. Oyowe’s most important criticism of my theory is in effect that it is caught in a dilemma: either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are ‘theoretical lapses’ that ‘cast enormous doubts’ on my project of deriving human rights from a basic moral principle with a recognizably sub-Saharan and communitarian pedigree. (shrink)

Hannah Arendt’s concept of freedom is exceptional in contemporary political theory. First, it is positive, which puts it into opposition to the both current versions of its negative counterpart, the liberal, and the republican concepts of freedom. In particular, a comparison between Arendt’s and Pettit’s approaches allows establishing some striking points of antagonistic logical mirroring. Based on this, the notion of “schools of thought” is introduced, which plays an essential role in the subsequent discussion of Arendtian realism. Second, although Arendt’s (...) theory of freedom shares features that are common to the major continental thinkers, like Martin Heidegger, Gilles Deleuze, or Alain Badiou, her solution to the problem of freedom aligns her closer to the liberals. Third, I argue that one should consider this logical irregularity as evidence in favor of her political realism, rather than a trivial inconsistency. This realism is the genuinely exceptional part of her legacy, which may guide us eventually, with modifications applied, to a paradigm shift in the current political philosophy. Finally, I present an evaluation of her solution to the problem of freedom, and a brief follow-up to some seemingly-out-of-place Arendtian notions, such as “excellence” and “elite.” Although in the final analysis, her solution seems to be artificial, it opens up a new promising area of research related to the notion of “benevolent excellence.”. (shrink)

A venerable idea in the history of moral philosophy is that central among the normative notions is the notion of goodness or value. This idea, which can be found at least as early as 1903 in G.E. Moore’s Principia Ethica, claims that goodness is central in that all other normative notions can be explained in terms of it. Moore’s approach and the dominant approach to the project of explaining the normative notions of rightness and what we have reason to do (...) is the consequentialist program. While the most famous element of this program is the consequentialist moral theory that says an act is right just in case the outcome of that act is at least as good as the outcome of any alternative act, the consequentialist program in general hopes to similarly explain the notion of a reason in terms of goodness. So the consequentialist theory of practical reason says that an agent has more reason to do some act a than to do some act b just in case the outcome of doing a is better than the outcome of doing b. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

There is a kind of power no one should have over anyone else, even if they don’t do anything with this power, or even if they only use this power for good. The republican tradition of political philosophy calls this kind of power domination. Here, I develop a theory of domination, and use this theory to advance our understanding of political legitimacy and justification. My account of domination refines recent neo-republican attempts to identify dominating social power with the capacity to (...) interfere arbitrarily with the choices of others. I argue that this capacity is not sufficient for domination. Instead, domination requires that one agent possess “impositional” power over someone else: power enough to make their refusal to cooperate more costly than cooperation across a wide range of forms that cooperation might take. But not all impositional power is domination; impositional power is domination to the extent that those wielding it do so in “deliberative isolation”—in accord only with their own sense of what’s best. The nature of domination, what it takes to minimize it, and its connection to deficits in political values like freedom and equality, are the subject of Chapter 2. The remainder of the dissertation uses the results of that chapter to construct a non-voluntarist alternative to the standard liberal account of how to reconcile political power with freedom and equality. Chapters 3 and 4 show how consent—actual or hypothetical—is not necessary to legitimize political power. What is necessary is that such power enable us to fulfil our duties against dominating others, while remaining accountable to us so that the state does not itself become a source of domination. How duties against domination can legitimize states is the primary subject of Chapter 3. Chapter 4 turns to the question of what we owe our fellow citizens as we cooperate together in the task of holding the state accountable. The answer to this question amounts to a repurposing and reformulation of public reason liberalism. Adviser: Joseph Mendola. (shrink)