In recent years the concepts of individual autonomy and political liberalism have been the subjects of intense debate, but these discussions have occurred largely within separate academic disciplines. Autonomy and the Challenges to Liberalism contains essays devoted to foundational questions regarding both the notion of the autonomous self and the nature and justification of liberalism. Written by leading figures in moral, legal and political theory, the volume covers inter alia the following topics: the nature of the self and its relation (...) to autonomy, the social dimensions of autonomy and the political dynamics of respect and recognition, and the concept of autonomy underlying the principles of liberalism. (shrink)

One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life, these commitments suggest that liberal societies should be especially concerned to address vulnerabilities of individuals regarding the development and maintenance of their autonomy. In this chapter, we develop an account of what it would mean for (...) a society to take seriously the obligation to reduce individuals’ autonomy-related vulnerabilities to an acceptable minimum. In particular, we argue that standard liberal accounts underestimate the scope of this obligation because they fail to appreciate various threats to autonomy. (shrink)

Should society intervene to prevent the risky behavior of precocious teenagers even if it would be impermissible to intervene with adults who engage in the same risky behavior? The problem is well illustrated by the legal case of the 13-year-old Dutch girl Laura Dekker, who set out in 2009 to become the youngest person ever to sail around the world alone, succeeding in January 2012. In this paper we use her case as a point of entry for discussing the fundamental (...) question of how to demarcate childhood from adulthood. After summarizing the case, we identify a ‘demarcation dilemma’ that frames much of the public and expert debate. On the one hand, it seems morally imperative ‘to treat like alike’, which means that both children and adults should be allowed to undertake all actions for which they have the relevant competences. On the other hand, requiring proportional treatment of children and adults seems to neglect the special nature of childhood as a distinct stage in life that ends at a specific age. We introduce the notion of a ‘regime of childhood’ to deal with this problem. This regime includes several dimensions, including the limited liability for children, the supervisory responsibilities of parents, the role of age-based thresholds, and the overarching purpose of childhood as a context for developing autonomy. We argue that, all things considered, there are good reasons not to shift to a regime that offers individual children the option of qualifying for adulthood on the basis of age-neutral criteria. (shrink)

What experimental game theorists may have demonstrated is not that people are systematically irrational but that human rationality is heavily scaffolded. Remove the scaffolding, and we do not do very well. People are able to get on because they “offload” an enormous amount of practical reasoning onto their environment. As a result, when they are put in novel or unfamiliar environments, they perform very poorly, even on apparently simple tasks. -/- This observation is supported by recent empirically informed shifts in (...) philosophy of mind toward a view of cognition as (to cite the current slogan) “embodied, embedded, enactive, extended.” Andy Clark and others have made a very plausible case for the idea that a proper assessment of human cognitive competence must include environmental components. To limit our attention to what lies within the skin-skull boundary is, in effect, to miss the big story on human rationality. Insofar as we are rational, it is often because of our ingenuity at developing “work-arounds” to the glitches in the fast-and-frugal heuristic problem-solving capabilities that natural selection has equipped us with. And these work-arounds often involve a detour through the environment (so-called offloading of cognitive burdens). -/- When it comes to practical rationality, things are no different. Yet in many discussions of “the will,” there is still a tendency to put too much emphasis on what goes on inside the agent’s head. Our objective in this chapter is to articulate this conception of “the extended will” more clearly, using the strategies that people employ to overcome procrastination for the central set of examples. Procrastination, in our view, constitutes a particular type of self-control problem, one that is particularly amenable to philosophical reflection, not only because of the high volume of psychological research on the subject but also because of the large quantity of “self-help” literature in circulationa literature that provides an invaluable perspective on the everyday strategies that people use in order to defeat (or, better yet, circumvent) this type of self-defeating behavior pattern. In general, what we find is that the internalist bias that permeates discussions of the will gives rise to a set of practical recommendations that overemphasize changing the way one thinks about a task, while ignoring the much richer set of strategies that are available in the realm of environmental scaffolding. In the concluding section, we highlight some of the policy implications of this, particularly regarding social trends involving the dismantling of support structures. (shrink)

Like being able to drive a car, being autonomous is a socially attributed, claimed, and contested status. Normative debates about criteria for autonomy (and what autonomy entitles one to) are best understood, not as debates about what autonomy, at core, really is, but rather as debates about the relative merits of various possible packages of thresholds, entitlements, regulations, values, and institutions. Within different “regimes” of autonomy, different criteria for (degrees of) autonomy become authoritative. Neoliberal, solidaristic, and perfectionist regimes entail conflicting (...) understandings of what gets you autonomy and what autonomy gets you—for example, in relation to policies regarding physician-assisted suicide or financial support for senior citizens. In light of this, justifying a particular understanding of autonomy is inseparable from the task of arguing for the context-specific merits of a regime of autonomy as a whole and in relation to other ethical and political commitments. (shrink)

This collection of original essays by preeminent interpreters of continental philosophy explores the question of whether Western thought and culture have been dominated by a vision-centered paradigm of knowledge, ethics, and power. It focuses on the character of vision in modern philosophy and on arguments for and against the view that contemporary life and thought are distinctively "ocularcentric." The authors examine these ideas in the context of the history of philosophy and consider the character of visual discourse in the writings (...) of Plato, Descartes, Hegel, Nietzsche, Husserl, Heidegger, Benjamin, Sartre, Merleau-Ponty, Levinas, Derrida, Foucault, Gadamer, Wittgenstein, and Habermas. With essays on television, the visual arts, and feminism, the book will interest readers in cultural studies, gender studies, and art history as well as philosophers. (shrink)

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is not at home (...) within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice-oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value. (shrink)

This collection of essays displays Charles Larmore’s exceptional ability to combine the best of analytic and Hegelian traditions of moral and political theory. This cross-pollination has produced a book that, as a whole, advances several important new proposals, especially regarding political liberalism and moral epistemology.

In this paper, I examine two versions of the so-called “hierarchical” approach to personal autonomy, based on the notion of “second-order desires”. My primary concern will be with the question of whether these approaches provide an adequate basis for understanding the dynamics of autonomy-ascription. I begin by distinguishing two versions of the hierarchical approach, each representing a different response to the oft-discussed “regress” objection. I then argue that both “structural hierarchicalism” (e.g., Frankfurt, Bratman) and “procedural hierarchicalism” (e.g., Dworkin, Christman, Mele) (...) have difficulties accommodating the dynamics of how the attribution of autonomy to persons is claimed, disputed, and resolved. Although they differ in details, both shortcomings can be traced to viewing autonomy as a metaphysical rather than a normative, practical matter. I conclude by suggesting that these difficulties underscore the advantages of a more constructivist and pragmatist. (shrink)

The present book makes a particularly engaging case for a whole range of policy implications of behavioural economics. The rhetoric is highly compelling, and their approach is already having a significant impact. However, while the wider audience for whom the book is written may not be interested in the justification of the underlying principles, it is precisely the cracks in the foundations that pose the greatest threat to the project. For example, if Thaler and Sunstein are to have any chance (...) of their 'libertarian paternalism' meriting ‘libertarian’ credentials, it is essential that the re-engineering of choice architecture not be guided by any particular political or moral agenda. Their claim here is that what makes a nudge beneficial is not that it steers people in the direction of behaviour that is objectively ‘good’ but rather in the direction of behaviour that they won’t regret. That said, there are a number of points where it is hard to shake the suspicion that Thaler and Sunstein help themselves rather conveniently to the idea that, if a person’s choices are largely a function of various framing effects, say, then overriding those choices violates no autonomy, since there was no autonomy there to be violated. -/- In this review, I raise four concerns not adequately addressed in the book. -/- (1) Thaler and Sunstein are misleading in their use of the term ‘paternalism’, which is standardly defined as a matter of interfering with a competent person’s choices out of a motivation to improve that person’s welfare. As Thaler and Sunstein use the term, however, it becomes equivalent to beneficence: when the government acts to improve people’s welfare by influencing choices in any way, according to them, it is engaging in paternalism. -/- (2) Their appeal to the resistibility of nudges is a centrepiece of the account and particularly of its claim to be ‘libertarian’, but given what they themselves write about how effective nudges are and how poor we are at even noticing the influences to which we are subject, it is entirely unclear why we should expect nudges to be easily resisted. -/- (3) Thaler and Sunstein generally align themselves with the perspective of planners who half-pose the presumptuously rhetorical question, ‘Who would really mind?’ But the question is not just whether people would object, if they were consulted. People also care about whether they are consulted and whether they understand the influences to which they are subject. Thaler and Sunstein advise choice architects against being secretive about nudges, but this espousal of principle, in a late chapter responding to objections, is not borne out by the discussion in the rest of the book, which focuses almost exclusively and rather effusively on the possibilities for channelling individuals’ choice-behaviour toward better outcomes. -/- (4) Thaler and Sunstein tend to downplay alternative approaches to improving decision making that are perfectly compatible with the behavioural economics and social psychology discussed by Thaler and Sunstein, but less paternalistic. For example, there is a growing body of research on how to construct contexts of interpersonal deliberation to generate stable solutions to collective action problems, by improving people’s collective decision-making capacities, rather than subjecting them to nudges. More generally, one comes up with very different recommendations if one thinks of the problems to which nudges are supposed to be a solution not as a matter of human failings per se, but rather as a socially and historically contingent misfit between the decision-making capacities that particular policies and institutions require of individuals and the capacities that people actually have. Conceived in the latter way – in terms of what I have elsewhere dubbed ‘autonomy gaps’, it becomes an open question whether what is called for is a choice architecture that makes it easier to avoid regrettable decisions or, rather, various measures to improve individuals’ decision-making capacities, say, through education, ‘buddy’ arrangements, decision-making heuristics, etc. (shrink)

It has been argued - most prominently in Harry Frankfurt's recent work - that the normative authority of personal commitments derives not from their intrinsic worth but from the way in which one's will is invested in what one cares about. In this essay, I argue that even if this approach is construed broadly and supplemented in various ways, its intrasubjective character leaves it ill-prepared to explain the normative grip of commitments in cases of purported self-betrayal. As an alternative, I (...) sketch a view that focuses on intersubjective constraints of intelligibility built into social practices and on the pragmatics of how those norms are contested in an ongoing fashion. (shrink)

From the outset, critical social theory has sought to diagnose people’s participation in their own oppression, by revealing the roots of irrational and self-undermining choices in the complex interplay between human nature, social structures, and cultural beliefs. As part of this project, Ideologiekritik has aimed to expose faulty conceptions of this interplay, so that the objectively pathological character of what people are “freely” choosing could come more clearly into view. The challenge, however, has always been to find a way of (...) doing this without arrogantly assuming special access to what is good for people. And this danger of paternalism is one to which social theorists have all too often fallen prey. In this brief essay, I focus on contemporary instances of clearly self-defeating behavior in contexts of complex choices. I begin by discussing a recent attempt to diagnose and solve these failures of choices, namely the public policy recommendations of behavioral economist Richard Thaler and reform-minded legal theorist Cass Sunstein. Their influential “libertarian paternalist” approach is particularly interesting, both in what it includes (attention to the socially constructed nature of choice situations and the roots of the problems in human nature) and in what it leaves out (an understanding of the social construction of human nature and an adequate appreciation of the value of autonomy). After discussing it, I consider a broadly perfectionist alternative, to the effect that the problem lies in a failure to adequately appreciate the importance of developing autonomy. I then turn to sketching the outlines of a new approach, based on the concept of “autonomy gaps,” which approaches overly demanding policies in relational and action-theoretical terms. In the final section, I show how this provides the basis for an analysis both in terms of a critique of ideology and of social pathology. (shrink)

The 2008 UN Convention on the Rights of Persons with Disabilities (CRPD) provides a landmark articulation of the universality of human rights. It affirms in strong terms that all human beings have a claim to full inclusion and equal participation in society, something denied to many because of disability. The CRPD is an ambitious document with far-reaching and fundamental implications. This interdisciplinary collection of essays takes up pressing philosophical, legal, and practical issues raised by the CRPD and the ongoing process (...) of its implementation. Combining clear legal and philosophical overviews with ground-breaking conceptual analyses, the collection aims to advance the academic debate about human rights and disability and to serve as a useful resource for policymakers, ethicists, disability activists, jurists, and all those interested in the human rights of persons with disabilities. With contributions by Jackie Leach Scully, Marcus Düwell, Jenny Goldschmidt, Sigrid Graumann, Caroline Harnacke, Jan Vorstenbosch, Esther van Weele, Joel Anderson, Jos Philips. (shrink)

The “attention economy” refers to the tech industry’s business model that treats human attention as a commodifiable resource. The libertarian critique of this model, dominant within tech and philosophical communities, claims that the persuasive technologies of the attention economy infringe on the individual user’s autonomy and therefore the proposed solutions focus on safeguarding personal freedom through expanding individual control. While this push back is important, current societal debates on the ethics of persuasive technologies are informed by a particular understanding of (...) attention, rarely posited explicitly yet assumed as the default. They share the same concept of attention, namely an individualistic and descriptive concept of attention that is a cognitive process, an expendable resource, something that one should control individually. We step away from a negative analysis in terms of external distractions and aim for positive answers, turning to Buddhist ethics to formulate a critique of persuasive technology from a genuinely ethical perspective. Buddhist ethics points at our attention’s inescapable ethical and ontological embeddedness. Attention as practice requires “the right effort” to distinguish desirable and undesirable states, the “right concentration” to stop the flow we are caught in, and the “right mindfulness” to fortify the ability to attend to the present situation and keep in mind a general sense of life’s direction. We offer input for further philosophical inquiry on attention as practice and attention ecology. We put forward comfort/effort and individualism/collectivism as two remaining central tensions in need of further research. (shrink)

Against those who argue that Hegel despaired of providing a solution to the problem of poverty, I argue, on the basis of key dialectical transitions in Hegel's Philosophy of Right, that he held at least the following: (1) that the chronic poverty endemic to industrial capitalism can be overcome only through changes that must include a transformation in practices of consumption, (2) that this transformation must lead to more *sittlich* and self-conscious practices of consumption, and (3) that the institution best-suited (...) to enable the development of these more *sittlich* and self-conscious practices of consumption is the *Korporation*. (shrink)

Voting Advice Applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. In recent years, they have been widely adopted, but their design is the subject of ongoing and often heated criticism. Most of these debates focus on whether VAAs accurately measure the standpoints of political parties and the preferences of users and on whether they report valid results while avoiding political bias. It is generally assumed that if their (...) methodology is sound, then VAAs can be seen as strengthening the democratic process. But as we argue in this chapter, the setup of VAAs raises basic questions of normative democratic theory as well. Insofar as VAAs are supposed to improve the functioning of the democratic process, it must be clarified in what sense they aim to make a contribution, before it even makes sense to discuss their effectiveness at doing so. -/- VAAs are often intended to enhance the democratic process by one or all of the following: (I) informing voters about the policy standpoints of political parties (or individual candidates), (2) increasing voter turnout, and (3) ensuring that the composition of parliaments more accurately reflects the political attitudes of the electorate. In the next three sections, we discuss three central bones of contention in current democratic theory that are crucial to these ways in which VAAs typically take themselves to contribute to strengthening the democratic process: -/- 1. Questions about citizen competence: What forms of competence do citizens need to have, and to what extent, for a democracy to function properly? -/- 2. Questions about political participation: What forms and extent of participation are vital to democracy? -/- 3. Questions about democratic representation: How should the relation between the elected and the electorate be understood? -/- For each issue we aim to show, first, how the design and setup of mainstream VAAs are tacitly structured by a specific conception of the democratic aim at issue and, second, what some alternative positions on these questions are within contemporary political theory. In the final section, we will discuss some of the implications of this analysis for the responsibilities of VAA developers, and particularly for the procedural neutrality to which they are typically committed. Our conclusion will be that once these issues are identified, developers of VAAs should either argue in favour of their views on democratic competence, participation and representation, or they should rethink the design of VA As in ways that move beyond their current assumptions, or both. (shrink)

Voting advice applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. Current VAAs typically aim to do so by matching users’ policy-preferences with the positions of parties or candidates. But this ‘matching model’ depends crucially on implicit, contestable presuppositions about the proper functioning of the electoral process and about the forms of competence required for good citizenship—presuppositions associated with the social choice conception of democracy. This paper aims to (...) make those presuppositions explicit and to contrast them with two possible alternative perspectives on VAAs, associated with deliberative and agonistic conceptions of democracy and citizenship. (shrink)

This chapter attempts to “re-boot” the discussion of Harry Frankfurt’s approach to autonomy, in the service of a new diagnosis of the strengths and weaknesses of his satisfaction-based ontology of the will. Criticisms of Frankfurt’s work have tended to focus on a lack of normative foundations, often missing Frankfurt’s aim of shifting discussions of autonomy towards a focus on avoiding passivity in how one cares about what one cares about, while still acknowledging the central role of volitional necessity and, especially, (...) self-satisfaction in autonomous agency. Although this approach provides Frankfurt with interesting ways of deflecting criticisms that are ethical in character, the lack of attention to the hermeneutic and linguistic dimensions of our inner life, leaves his approach with insufficient grounds for identifying the passivity of those who are unable or unwilling to engage in genuine self-interpretation. (shrink)

Habermas's collection of essays "The Future of Human Nature" is of particular interest for two sorts of reasons. For those interested in bioethics, it contains a genuinely new set of arguments for placing serious restrictions on using prenatal genetic technologies to “enhance” offspring. And for those interested in Habermas’s moral philosophy, it contains a number of new developments in his “discourse ethics”—not the least of which is a willingness to engage in applied ethics at all. -/- The real key to (...) Habermas’s argument is that human personhood and moral agency presuppose certain modes of relating to oneself that are threatened by the asymmetrical way in which genetic enhancements would presumably work. Thus, instead of taking up and then extending familiar normative concerns about unequal opportunities or the criteria for moral personhood, Habermas believes that the emerging technologies of genetic enhancement demand genuinely new arguments, and he proposes to focus on the effects of genetic programming on whether the agent can consider herself free and equal—effects, that is, regarding what one might call the reflexive attitudinal preconditions for moral agency. -/- Like contractarians and Kantians more generally, Habermas faces difficulties accommodating the intuition that we might have obligations toward potential persons. The difficulty is particularly pronounced in the case of Habermas’s “discourse theory of morality,” since it construes the moral point of view in terms of processes of deliberation among all those affected by the norm at issue which the participants consider in the deliberative process to be open, fair, and inclusive. Future generations do not fit neatly into this deliberative process, nor do prepersonal humans. Moral norms adjudicated in such discourse clearly affect their interests, but they cannot themselves participate in the discourse. In the past, Habermas and other “discourse ethicists” have tried to address this worry by introducing “advocatory discourses.” But this move threatens to undo a distinctive, appealing feature of Habermas’s moral theory: the pragmatist insistence on the innovative, critical, unpredictable discourse generated by actual participants in discourse and the refusal (contra Rawls, in particular) to rely on hypothetical representatives. -/- In The Future of Human Nature, Habermas ventures a different strategy,focused on expanding what he calls the “ethical” domain, which differs from the “moral” domain in being a matter of a community’s articulation of its core values and conception of the good. Previously, Habermas distinguished “ethical-existential” and “ethical-political” domains, as a matter of who an individual or a community, respectively, is and wants to be. In the present book, Habermas makes the remarkable move of introducing the category of the “species-ethical,” which is supposed to be the domain of questions raised by the human species as a whole about the question of what it is to be human. This theoretical move extends further steps Habermas had already taken in speaking of ethical solidarity within the global community. -/- . (shrink)