This paper argues that liberal freedom (non-interference) is epistemologically prior to republican freedom (non-domination). I start investigate three relations between liberal and republican freedom: (i) Logical Equivalence, or the question whether republican freedom entails liberal freedom (and vice versa); (ii) Degree Supervenience, or whether changes in the degree (amount, quantity) of republican freedom are mirrored by changes in the degree of liberal freedom (and vice versa); and (iii) Epistemological Priority, that is, whether knowledge about arrangements of republican freedom presupposes knowledge (...) about arrangements of liberal freedom. If Logical Equivalence holds, liberals are right to claim that republicans have not introduced a new concept of freedom. It is easy to see, though, that Logical Equivalence does not hold. If Degree Supervenience holds, liberals can maintain that while republican freedom is a new concept of freedom, fostering or promoting it is not very different from fostering or promoting liberal freedom. Degree Supervenience does not hold either, though, and as a result two straightforward counterarguments against republican freedom fail. Yet, I argue, first, that the relation of Epistemological Priority holds: knowing something about arrangements of republican freedom presupposes that you know something about arrangements of liberal freedom. Using Epistemological Priority, I show, second, that the benefits claimed for republican freedom over and above liberal freedom (it minimizes the need for strategic deference, it minimizes uncertainty, and it minimizes subordination) can be accounted for in purely liberal terms. (shrink)

The global financial crisis has led to a surprising interest in professional oaths in business. Examples are the MBA Oath, the Economist’s Oath and the Dutch Banker’s Oath, which senior executives in the financial services industry in the Netherlands have been obliged to swear since 2010. This paper is among the first to consider oaths from the perspective of business ethics. A framework is presented for analysing oaths in terms of their form, their content and the specific contribution they make (...) to business ethics management: oaths may foster professionalism, facilitate moral deliberation and enhance compliance. This framework is used to analyse and evaluate the MBA Oath, the Economist’s Oath and the Banker’s Oath as well as various other similar initiatives. (shrink)

This paper presents an argument for the value of privacy that is based on a purely negative concept of freedom only. I show that privacy invasions may decrease a person’s negative freedom as well as a person’s knowledge about the negative freedom she possesses. I argue that not only invasions that lead to actual interference, but also invasions that lead to potential interference (many cases of identity theft) constitute actual harm to the invadee’s liberty interests, and I critically examine the (...) courts’ reliance on a principle of ‘no harm, no foul’ in recent data breach cases. Using a number of insights from the psychology of human belief, I also show that the liberal claim for protection of privacy is strengthened by the observation that often the privacy invader cannot be held responsible for the influence on the invadee’s negative freedom. (shrink)

Susan Hurley has argued against a well known argument for freedom of speech, the argument from autonomy, on the basis of two hypotheses about violence in the media and aggressive behaviour. The first hypothesis says that exposure to media violence causes aggressive behaviour; the second, that humans have an innate tendency to copy behaviour in ways that bypass conscious deliberation. I argue, first, that Hurley is not successful in setting aside the argument from autonomy. Second, I show that the empirical (...) data are irrelevant to statutory regulation of media violence. They do not yield a sufficiently strong correlation between exposure to media violence and non-autonomously copied criminal violence, and they do not yield a way ex ante to individuate the viewers who will be affected by media violence. (shrink)

Using epistemic logic, we provide a non-probabilistic way to formalise payoff uncertainty, that is, statements such as ‘player i has approximate knowledge about the utility functions of player j.’ We show that on the basis of this formalisation common knowledge of payoff uncertainty and rationality (in the sense of excluding weakly dominated strategies, due to Dekel and Fudenberg (1990)) characterises a new solution concept we have called ‘mixed iterated strict weak dominance.’.

This article provides an outsider perspective on the scientificity of legal studies. First, I argue that the presence of controversies does not mean that legal studies lack the status of a genuine science. Astronomy, mathematics, and economics have their controversies, too. Second, I show that non-empirical, non-normative research is no less scientific than empirical research. This is illustrated by work in mathematical logic. Third, I demonstrate the same claim for non-empirical, normative research.Here the example is research on social contract theories (...) by means of gametheoretic models. (shrink)