Se negli ultimi anni sempre di più si è posta l’emergenza per l’estetica di stabilire interazioni con altri ambiti di ricerca scientifica, è pur vero che rari sono i casi di autori capaci di sviluppare la propria indagine su terreni eterogenei. Tra questi c’è Jean Petitot che con originalità conduce il proprio lavoro incrociando le due linee sulle quali si è formato: Thom e Greimas. Proseguendo nella direzione di Morfogenesi del Senso e Fisica del Senso, Morphologie et Estbétique, che rielabo...

In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually (...) compatible and that Narveson is right that right to negative liberty does not conceptually require a right to welfare. (shrink)

In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually (...) compatible and that Narveson is right that right to negative liberty does not conceptually require a right to welfare. (shrink)

It is only those who do not understand our people, who believe our national life is entirely absorbed by material motives. We make no concealment of the fact that we want wealth, but there are many other things we want much more. We want peace and honor, and that charity which is so strong an element of all civilization. The chief ideal of the American people is idealism. I cannot repeat too often that America is a nation of idealists.

Philosophers have articulated six notions of human freedom. Four are metaphysical. According to one, a man acts freely when he is doing what he wants to ; according to the second, he acts freely when he is not being compelled by outside forces ; according to the third, he acts freely when the prior state of the universe was not a sufficient cause of what he is doing; according to the fourth, he acts freely when he, not any preceding event, (...) is the cause of what he is doing. The third and fourth theories may be called “indeterministic freedom” and “the agency theory,” named only to be rejected. I reject indeterminism out of agreement with a long tradition which holds that there is no reason to think that human actions are ever undetermined, and an undetermined human action would not be “free” in any sense in which we desire our actions to be free and believe that they are in fact free. To appreciate, reflect that agents should control and be accountable for “free” actions. Now, we control an event by assembling or obstructing its sufficient conditions; merefore, an event without sufficient conditions, a random event which just happens, would lie beyond human control and, hence, the sphere of human freedom. Similarly, a man is no more responsible for what happens independently of his choices – and an event without sufficient conditions cannot have a choice as a sufficient condition – than he is responsible for the behavior of a roulette wheel. (shrink)

The central insights of Philip Pettit’s republican account of liberty are that (1) freedom consists in the absence of domination and (2) non-domination is not reducible to what is commonly called ‘negative liberty’. Recently, however, Matthew Kramer and Ian Carter have questioned whether the harms identified by Pettit under the banner of domination are not equally well accounted for by what they call the ‘pure negative’ view. In this article, first I argue that Pettit’s response to (...) their criticism is problematic insofar as it produces the following dilemma: either Pettit must concede that domination which one regards as consistent with one’s own best interests does not limit one’s freedom or he must embrace the implication that one can be forced to be free, a result he explici tly wants to avoid. Second, I argue that, despite the inadequacy of Pettit’s response, he is ultimately right in thinking that domination and negative liberty are sometimes compatible. My central contention, then, is that neither Pettit’s non-domination view nor Carter and Kramer’s pure negative view are able to account for the loss of liberty one suffers under conditions of domination. (shrink)

The distinction between negative and positive liberty remains a standard approach to the idea of freedom in contemporary political theory. In Rethinking Positive and Negative Liberty, Maria Dimova-...

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)

It is widely acknowledged that Isaiah Berlin’s seminal essay “Two Concepts of Liberty” has to a large extent set the tone and determined the content of the debates within political philosophy in the English-speaking world. Berlin maintains that the conceptual and institutional history of liberty can be understood in terms of the various responses to the logically distinct questions: “Who governs me?” and “How far does government interfere with me?”. In Berlin’s first question, the salient issue is whether (...) the valid authority to positively rule an individual resides within the individual herself or in some external person, social class, institution, empirical circumstance, or tradition. In contrast with the personal freedom to direct oneself, the second issue is concerned with liberating the individual from the coercion of others, especially the government, by limiting authority as such. Berlin dedicates much of his essay to demonstrating that the positive and negative concepts of liberty are not merely two sides of the same coin; rather, he argues that in human psychology and history these mark “two profoundly divergent and irreconcilable attitudes to the ends of life”. According to Berlin’s line of reasoning, to perceive the personal authority to rule oneself as one’s primary end requires a sacrifice of one’s negative liberty. Reciprocally, to make the limitation of authority and coercion in general one’s highest end demands that one relinquish some positive freedom. (shrink)

It is widely acknowledged that Isaiah Berlin’s seminal essay “Two Concepts of Liberty” has to a large extent set the tone and determined the content of the debates within political philosophy in the English-speaking world. Berlin maintains that the conceptual and institutional history of liberty can be understood in terms of the various responses to the logically distinct questions: “Who governs me?” and “How far does government interfere with me?”. In Berlin’s first question, the salient issue is whether (...) the valid authority to positively rule an individual resides within the individual herself or in some external person, social class, institution, empirical circumstance, or tradition. In contrast with the personal freedom to direct oneself, the second issue is concerned with liberating the individual from the coercion of others, especially the government, by limiting authority as such. Berlin dedicates much of his essay to demonstrating that the positive and negative concepts of liberty are not merely two sides of the same coin; rather, he argues that in human psychology and history these mark “two profoundly divergent and irreconcilable attitudes to the ends of life”. According to Berlin’s line of reasoning, to perceive the personal authority to rule oneself as one’s primary end requires a sacrifice of one’s negative liberty. Reciprocally, to make the limitation of authority and coercion in general one’s highest end demands that one relinquish some positive freedom. (shrink)

ABSTRACT The present essay concurs with R. Beehler's recent contribution to this journal 1991) in deeming the concept of negative liberty fully adequate for political discourse. Thus, section 1 indicates a plausible line of reasoning by which the negative concept can be defended against some standard objections. However, sections 2 and 3 argue that, nevertheless, Beehler's traditional conception of negative liberty is inadequate. It does not account correctly for various paradigmatic cases of ‘unfreedom’, for instance, (...) the curtailment of the liberty of the poor by their lack of economic resources. More precisely, Beehler's account will in many such cases fail to identify the correct constraining agents. The present essay suggests how Beehler's aim may be achieved on the basis of a different conception of negative liberty: the ‘responsibility view’. (shrink)

This book argues that the distinction between positive and negative freedom remains highly pertinent today, despite having fallen out of fashion in the late twentieth century. It proposes a new reading of this distinction for the twenty-first century, building on the work of Constant, Green and Berlin who led the historical development of these ideas. The author defends the idea that freedom is a dynamic interaction between two inseparable, yet sometimes fundamentally, opposed positive and negative concepts - the (...) yin and yang of freedom. Positive freedom is achieved when one succeeds in doing what is right, while negative freedom is achieved when one is able to advance one's wellbeing. In an environment of culture wars, resurging populism and challenge to progressive liberal values, recognising the duality of freedom can help us better understand the political dilemmas we face and point the way forward. The book analyses the duality of freedom in more philosophical depth than previous studies and places it within the context of both historical and contemporary political thinking. It will be of interest to students and scholars of liberalism and political theory. (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)

Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right to hold psychotic delusions. (...) This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well. (shrink)

This article explores some implications of the counterfactual aspect of freedom and unfreedom. Because actions can be unprevented even if they are not undertaken, and conversely because actions can be prevented even if they are not attempted and are thus not overtly thwarted, any adequate account of negative liberty must ponder numerous counterfactual chains of events. Each person's freedom or unfreedom is affected not only by what others in fact do, but also by what they are disposed to (...) do. Their dispositions play a key role in determining whether the abilities and inabilities of each person would continue as such if the person's conduct or situation were altered in various respects. Until one knows whether people would or would not have acted in certain ways if a given person had sought to do something, one cannot know whether that person was free to do that thing. Nor can one know whether the person was free to perform that action in combination with manifold subsequent actions. Thus, whether tacit or explicit, counterfactual scenarios are indispensable for any enquiry into a person's liberty. By relying on such scenarios, which trace how people are disposed to act vis-a-vis one another, one takes account of the central role of unmanifested dispositions in setting the bounds of people's sociopolitical freedom. Among the principal theorists whose work is critically examined in this article are Hillel Steiner, Ian Carter, and G.A. Cohen. Key Words: freedom • liberty • unfreedom • negative liberty • counterfactuals • disposition. (shrink)

During the past few decades, Quentin Skinner has been one of the most prominent critics of the ideas about negative liberty that have developed out of the writings of Isaiah Berlin. Among Skinner?s principal charges against the contemporary doctrine of negative liberty is the claim that the proponents of that doctrine have overlooked the putative fact that people can be made unfree to refrain from undertaking particular actions. In connection with this matter, Skinner contrasts the present-day (...) theories with the prototypical liberal account of negative freedom propounded by Thomas Hobbes. The present essay challenges Skinner?s position both philosophically and exegetically. Because an agent can always elect to cease his activity as an agent, the ostensible inescapability of certain actions is not the same as the outright inescapability of certain instances of inaction. Once this point is properly recognized, the way is clear for a re-evaluation of Hobbes (and of Skinner on Hobbes). (shrink)

The relationship between participatory democracy (the rule of and by a socially diverse citizenry) and constitutional liberalism (a regime predicated on the protection of individual liberties and the rule of law) is a famously troubled one. The purpose of this essay is to suggest that, at least under certain historical conditions, participatory democracy will indeed support the establishment of constitutional liberalism. That is to say, the development of institutions, behavioral habits, and social values centered on the active participation of free (...) and equal citizens in democratic politics can lead to the extension of legally enforced immunities from coercion to citizens and noncitizens alike. Such immunities, here called “quasi-rights,” are at least preconditions for the personal autonomy and liberty in respect to choice-making that are enshrined as the “rights of the moderns.” This essay, which centers on one ancient society, does not seek to develop a formal model proving that democracy will necessarily promote liberal constitutionalism. However, by explaining why a premodern democratic citizenry of free, adult, native males—who sought to defend their own interests and were unaffected by Enlightenment or post-Enlightenment ideals of inherent human worth—chose to extend certain formal protections to slaves, women, and children, it may point toward the development of a model for deriving liberalism from democratic participation. Development of such a model could have considerable bearing on current policy debates. (shrink)

The relationship between participatory democracy (the rule of and by a socially diverse citizenry) and constitutional liberalism (a regime predicated on the protection of individual liberties and the rule of law) is a famously troubled one. The purpose of this essay is to suggest that, at least under certain historical conditions, participatory democracy will indeed support the establishment of constitutional liberalism. That is to say, the development of institutions, behavioral habits, and social values centered on the active participation of free (...) and equal citizens in democratic politics can lead to the extension of legally enforced immunities from coercion to citizens and noncitizens alike. Such immunities, here called “quasi-rights,” are at least preconditions for the personal autonomy and liberty in respect to choice-making that are enshrined as the “rights of the moderns.” This essay, which centers on one ancient society, does not seek to develop a formal model proving that democracy will necessarily promote liberal constitutionalism. However, by explaining why a premodern democratic citizenry of free, adult, native males—who sought to defend their own interests and were unaffected by Enlightenment or post-Enlightenment ideals of inherent human worth—chose to extend certain formal protections to slaves, women, and children, it may point toward the development of a model for deriving liberalism from democratic participation. Development of such a model could have considerable bearing on current policy debates. (shrink)

This article sets out to show that it is more precise to speak of different liberal traditions than it is to speak of liberalism in general. The argument is pursued by showing how contrary to French liberalism, which has a strong republican element, and in contrast with English and Scottish liberalism, which reserve an important place for political economy, there is also a central European liberalism with a marked philosophical dimension. This particular form of liberalism is analysed by examining the (...) writings of Kant, Simmel and Freud. It is stated at the outset that critiques of liberalism often fail to appreciate the richness and diversity of liberal thinking, and that this depth must be borne in mind in any effective critique. It is explained that there are indeed grounds to critique liberal thought and practice, but that these grounds are obscured by lumping distinct and heterogeneous traditions together as if they all suffered from the same defects. (shrink)

The concept of personal autonomy is central to discussions about democratic rights, personal freedom and individualism in the marketplace. This book, first published in 1986, discusses the concept of personal autonomy in all its facets. It charts historically the discussion of the concept by political thinkers and relates the concept of the autonomy of the individual to the related discussion in political thought about the autonomy of states. It argues that defining personal autonomy as freedom to act without external constraints (...) is too narrow and emphasises instead that personal autonomy implies individual self-determination in accordance with a chosen plan of life. It discusses the nature of personal autonomy and explores the circumstances in which it ought to be restricted. In particular, it argues the need to restrict the economic autonomy of the individual in order to promote the value of community. (shrink)

The disability critique of negative genetic selection is frequently accused of threatening reproductive liberty. This paper describes the disability critique and defends it against that objection. It also contends that the critique can work to deflate belief in genetic determinism. Recognizing the influence of genetic determinism helps advocate for existing persons in the disability community and protects reproductive liberty. The disability critique can point to genetic determinism but does not suggest a ban or obstacles to the choice (...) of negative genetic selection; therefore, it is not antithetical to reproductive liberty, as has been charged. (shrink)

"Political Ideas in the Twentieth Century", Historical Inevitability", "Two Concepts of Liberty", "John Stuart Mill and the Ends of Life". These four essays deal with the various aspects of individual liberty, including the distinction between positive and negative liberty and the necessity of rejecting determinism if we wish to keep hold of the notions of human responsibility and freedom.

Are the political ideals of liberty and equality compatible? This question is of central and continuing importance in political philosophy, moral philosophy, and welfare economics. In this book, two distinguished philosophers take up the debate. Jan Narveson argues that a political ideal of negative liberty is incompatible with any substantive ideal of equality, while James P. Sterba argues that Narveson's own ideal of negative liberty is compatible, and in fact leads to the requirements of a (...) substantive ideal of equality. Of course, they cannot both be right. Thus, the details of their arguments about the political ideal of negative liberty and its requirements will determine which of them is right. Engagingly and accessibly written, their debate will be of value to all who are interested in the central issue of what are the practical requirements of a political ideal of liberty. (shrink)

The following is dedicated to promoting a version of the disability critique of negative genetic selection while navigating claims that launching such a critique threatens reproductive liberty or is unavoidably antichoice. I highlight problematic conceptual assumptions regarding genetics and choice made by proponents and opponents of selection alike and bring out the underlying ableist values of the prevailing conversation. Ableism is discrimination against persons on the basis of perceived disability. I conclude that the existing social and institutional milieu (...) surrounding genetic selection threatens persons who experience difference with stigma and its accompanying political and social disadvantages. My .. (shrink)

This paper aims to persuade its reader that libertarianism, at least in several of its varieties, is a species of the genus Michael Oakeshott referred to as ‘rationalism in politics’. I hope to demonstrate, employing the work of Oakeshott, as well as Aristotle and Onora O’Neill, how many libertarian theorists, who generally have a sincere and admirable commitment to personal liberty, have been led astray by the rationalist promise that we might be able to approach deductive certainty concerning the (...) 'correctness' of some political programme. Of course libertarians, in common with the adherents of almost any other political ‘stance’, are not a monolithic body, but exhibit a variety of more or less rationalist arguments for their views. For example, a thinker like Hayek, who is often placed in the libertarian camp, came to adopt much of Oakeshott’s critique of rationalism in his later work. And, of course, Oakeshott himself expressed an affinity for libertarian ideas in his essay, ‘The Political Economy of Freedom’ (1991 [1962]). But a general predilection to enhance individual freedom as far as is deemed practicable is quite a different matter from taking a stance in which liberty, and liberty conceived in a rather narrow fashion, is the only value deemed admissible into ‘reasonable’ political discourse. (We will see in a subsequent section that Oakeshott recognized this urge to sanctify one value above all others as a logical requirement of striving for deductive political truths.) I believe that a critique of such libertarian rationalism is particularly relevant given the present situation in the United States vis-à-vis civil rights and the ongoing ‘war on terror’, in that many non- libertarian supporters of peace and strong civil rights find themselves allied with libertarians on these issues—if libertarians have gotten these issues ‘correct’, then how might they have gone wrong elsewhere? Furthermore, the critique may aid libertarians themselves, because, if the title of this paper is accurate, such a single-minded exaltation of one value above all others is an enemy of true liberty, so that libertarians might want to rethink adopting such a position. As Philip Pettit demonstrates (1997), freedom as non-domination is more robust and inclusive of all that we value about freedom than is the libertarian concept of freedom as non-interference; by allowing, say, immense economic power to be concentrated in a single corporation, as intervention to break the company up would violate the principle of non-interference, libertarian ideas may greatly diminish the liberty of the people subject to that corporate power. (shrink)

My argument in this paper is that Charles Taylor’s view of liberty and ethics unites Isaiah Berlin’s liberal pluralism with Elizabeth Anscombe’s virtue ethics. Berlin identifies, in “Two Concepts of Liberty,” a tradition of negative liberty advocated by figures like Locke and Mill. He maintains that this concept of liberty is unique to modernity, and it is the form of liberty best suited to the political sphere. The much older concept of positive liberty, (...) which is found in ancient philosophers like Plato and Aristotle, as well as modern thinkers like Hegel, Berlin regards as ill-suited to the political sphere. Anscombe, in “Modern Moral Philosophy,” specifically identifies and criticizes the Anglo-Saxon tradition of moral philosophy. Utilitarian thinkers like Mill are, for Anscombe, consequentialists. The virtue ethics of Aristotle gives a basis for the intrinsic goodness and badness of actions not in sentiment but reason. Charles Taylor draws upon the views of both thinkers. He advocates a liberal pluralism in a manner comparable to Berlin. However, Taylor strongly emphasizes, with Anscombe, that the most complete conception of ethical and political life must be rooted in virtue ethics and positive liberty. Thus, Taylor’s views constitute a synthesis of the approaches of his two mentors. (shrink)

Pandemic emergencies and concomitant needs for interventions to protect public health place great pressure on individual liberty. In the United States, these pressures are exacerbated by views of negative liberty as the freedom to do whatever one wants with one’s person. This essay argues that the original US Supreme Court decision recognizing legislative powers to protect public health, Jacobson v. Massachusetts, was premised on an understanding of freedom of the person as limited by risks to others. Later (...) court decisions have departed from this analysis, instead viewing individual liberties over the person as conflicting with public health. This jurisprudential approach pitting unlimited individual liberty rights over the person against public health contributes to the tensions in the U. S. over mask wearing and restrictions on religious services during COVID-19. (shrink)

Such is the rhetorical appeal of the idea of liberty that a variety of political philosophies claim to honour it. Republicans and Marxists, no less than libertarians and liberals, maintain that they and they alone are the true defenders of freedom. The literature of contemporary political theory is thus replete with rival analyses of the meaning of liberty, and disputes about its measurement, distribution and institutional requirements. Our aim here is to gain some understanding of the meaning and (...) the conditions of liberty by working through the thicket of contemporary argument, though we may have to rest content with a better knowledge of the terrain. (shrink)

This book takes the thinking of Quentin Skinner, Philip Pettit and J. G. A. Pocock on republican liberty and explores the way in which this idea of liberty can be used to illuminate educational practice. It argues that republican liberty is distinct from both positive and negative liberty, and its emphasis on liberty as non-dependency gives the concept of liberty a particularly critical role in contemporary society. Each chapter formulates and expounds the idea (...) that an empire of liberty requires the existence of what are termed 'liberty-bearing agents', and shows how education - with a particular emphasis on knowledge - is needed to foster the human powers which allow people to become liberty-bearing. It is also emphasised, however, that republican liberty is non-perfectionist and non-eudaimonic: the core values enshrined in an empire of liberty centre on non-dependency rather than the promulgation of a certain way of life. Drawing on prominent seventeenth century contract theorists, the link between liberty and authority is explained, suggesting that appropriate authoritative structures need to underpin the provision of education, and especially schooling, if educational practice devoted to the pursuit of liberty is to flourish. Liberty and Education will be of value to both educational theorists unfamiliar with republican theory, as well as republican theorists interested in how their theory might play out in education. It will also be of interest to researchers and students from the fields of politics and the philosophy of education. (shrink)

Liberty and Law examines a previously underappreciated theme in legal history―the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm (...) of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government. Several kinds of permissive natural law were identified. Permission could be positive or negative, depending on whether it was specifically conceded by a legislator or only tacitly allowed. It could free from sin or merely remit some temporal punishment that was due. It could commend some conduct without commanding it or permit some evil without condoning it. Medieval canonists used the concept of permissive natural law to harmonize the discordant texts that they found in their sources; William of Ockham found it a powerful tool in his defense of Franciscan poverty against papal criticisms; for Richard Hooker it justified both the constitutional structure and the ritual practices of the Anglican church; John Selden used it to uphold the inviolability of contracts, most importantly the contract of government; Hugo Grotius made it a central theme in his treatment of the conduct permissible in waging war; in the eighteenth century Jean Barbeyrac and Jean-Jacques Burlamaqui associated the idea with the emerging doctrine of natural rights. In Liberty and Law, Tierney has presented us with a magisterial and provocative way of interpreting legal history. (shrink)

Mill’s Liberty Principle aims to protect ‘social’ freedom, which is traditionally understood as negative freedom. I argue that Mill’s conception of social freedom does not comfortably fit even a moralized conception of negative freedom, and that individuality, an ideal fundamental to On Liberty, is a robustly positive type of freedom. This raises the question of whether protecting social freedom involves an egalitarian, progressive state that ambitiously strives to create the social conditions of individuality. I consider the (...) case for an affirmative answer to that question, then argue that the ideal of individuality itself blocks interventions that some contemporary egalitarian, progressive liberals consider at least consistent with the Liberty Principle. These include autonomy-enhancing paternalism, and outright prohibition of as opposed to time, place, and manner regulation of the expression of some opinions that adversely affect protected minorities. Though not libertarian, the Liberty Principle is not an expression of this type of egalitarian liberalism, as evidenced inter alia by Mill’s emphatic rejection of state control of education, and his categorical case against prohibiting the expression of even the most extreme and insidious opinions. (shrink)

Taking the title of his book from Isaiah Berlin's famous essay distinguishing a negative concept of liberty connoting lack of interference by others from a positive concept involving participation in the political realm, Samuel Fleischacker explores a third definition of liberty that lies between the first two. In Fleischacker's view, Kant and Adam Smith think of liberty as a matter of acting on our capacity for judgment, thereby differing both from those who tie it to the (...) satisfaction of our desires and those who translate it as action in accordance with reason or "will." Integrating the thought of Kant and Smith, and developing his own stand through readings of the Critique of Judgment and The Wealth of Nations, Fleischacker shows how different acting on one's best judgment is from acting on one's desires--how, in particular, good judgment, as opposed to mere desire, can flourish only in favorable social and political conditions. At the same time, exercising judgment is something every individual must do for him- or herself, hence not something that philosophers and politicians who reason better than the rest of us can do in our stead. For this reason advocates of a liberty based on judgment are likely to be more concerned than are libertarians to make sure that government provides people with conditions for the use of their liberty--for example, excellent standards of education, health care, and unemployment insurance--while at the same time promoting a less paternalistic view of government than most of the movements associated for the past thirty years with the political left. (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)

Isaiah Berlin's distinction between "negative" and "positive" concepts of liberty has recently been defended on new and interesting grounds. Proponents of this dichotomy used to equate positive liberty with "self-mastery "-the rule of our rational nature over ourpassions and impulses. However, Berlin's critics have made the case that this account does not employ a separate "concept" of liberty: although the constraints it envisions are internal, rather than external, forces, the freedom in question remains "negative" (freedom (...) is still seen as the absence of such impediments). Responding to this development, Berlin's defenders have increasingly tended to identify positive liberty with "self-realization." The argument is that such an account of freedom is genuinely "nonnegative," in that it does not refer to the absence of constraints on action. This essay argues that the claims made on behalf of "freedom as self-realization" cannot withstand scrutiny, and that they fail to isolate a coherent view of liberty that is distinguishable from the absence of constraint. (shrink)

This article reconsiders Bentham’s theory of liberty in relation to republican and democratic ideas in the Age of Revolution. It reinterprets his jurisprudential definitions of liberty as ideological weapons intended to “cut the throat” of pro-American and proto-democratic discourse. In particular, his negative definition of individual liberty and his democratic and international definitions of political liberty were designed and used to caricature and draw to absurdity the republican ideal of self-government. The early Bentham, according to (...) this interpretation, was a subversive critic of republicanism, who occupied its language of liberty and security while trying to neutralize its democratic potential. (shrink)