The object of this research is gentleness, a construct maybe not treated enough in the literature, but just in the area of the so called Positive Psychology. And precisely from his representative Martin Seligman, the inspiration for the construction of a questionnaire and of a specific hypothesis has been born, including the use of a precise terminology. In general terms, maybe the most interesting result lies in the fact of having found a correlation between the various items, therefore between (...) the various constructs, in accordance with the idea of gentleness proposed as a synergy of “quality”. This idea has also been supported from recent research in which has emerged a very tight bond between optimism and a particular character trait that is extroversion. Being placed at a higher, transcendental level, the “gift of oneself” could become the “jump of quality” to fulfil ourselves in the relation with the other. (shrink)

A prominent concern in the literature on the ethics of human enhancement is that unequal access to future technology will exacerbate existing societal inequalities. The philosopher Daniel Wikler has argued that a futuristic cognitively enhanced majority would be justified in restricting the civil liberties of the unenhanced minority population for their own good in the same way that, mutatis mutandis, the cognitively normal majority are now justified in restricting the civil liberties of those deemed to be cognitively incompetent. Contrary (...) to this argument, the author of this manuscript presents and defends The Liberal Argument to Protect Cognitive ‘Normals’. According to this argument, while classical liberalism authorizes the cognitively competent to paternalistically restrict the civil liberties of the cognitively incompetent, classical liberalism does not authorize the cognitively enhanced to paternalistically restrict the civil liberties of the cognitively normal. Two additional arguments are developed in support of The Liberal Argument to Protect Cognitive ‘Normals’. The author of this manuscript concludes by suggesting that classical liberalism could be valuable for protecting the civil liberties of disenfranchised groups in a future in which enhancement technology could exacerbate existing societal inequalities. (shrink)

“It is the spirit of humanity, that which animates both so-called savages and civilized nations, working through a man, and not the man expressing himself, that interests us most,” writes Henry Dav...

I. Accompanying the rise of professed socialists to political prominence in the United States and Britain, a growing academic literature, spearheaded by French economist Thomas Piketty’s bestsellin...

Assisting suicide is legal in Switzerland if it is offered without selfish motive to a person with decision-making capacity. Although the ‘Swiss model’ for suicide assistance has been extensively described in the literature, the formally and informally protected liberties and claims of assistors and recipients of suicide assistance in Switzerland are incompletely captured in the literature. In this article, we describe the package of rights involved in the ‘Swiss model’ using the framework of Hohfeldian rights as modified by (...) Wenar. After outlining this framework, we dissect the rights involved in suicide assistance in Switzerland, and compare it with the situation in England and Germany. Based on this approach, we conclude that in Switzerland, claim rights exist for those requesting suicide assistance, and for those who are considering providing such assistance, even though no entitlements exist toward suicide assistance. We then describe the implementation of the ‘Swiss model’ and difficulties arising within it. Clarifying these issues is important to understand the Swiss situation, to evaluate what features of it may or may not be worth correcting or emulating, and to understand how it can impact requests for suicide assistance in other countries due to ‘suicide tourism’. It is also important to understand exactly what sets Switzerland apart from other countries with different legislations regarding suicide assistance. (shrink)

S. A. Lloyd - Liberty, Rationality, and Agency in Hobbes's Leviathan - Journal of the History of Philosophy 40:3 Journal of the History of Philosophy 40.3 397-398 Book Review Liberty, Rationality, and Agency in Hobbes's Leviathan David van Mill. Liberty, Rationality, and Agency in Hobbes's Leviathan. Albany: The State University of New York Press, 2001. Pp. xii + 253. Cloth, $59.50. Paper, $19.95. David van Mill's provocative book is an ambitious and thoughtful argument by an author well-versed (...) in Hobbes's writings and the secondary literature on them, intended to revolutionize our understanding of Hobbes's theory of rational agency. It is a shame that the text is marred by such egregious copy-editing that its unrelenting misprints, misquotes, inaccurate references, and grammatical infelicities so distract from van Mill's.. (shrink)

Assisting suicide is legal in Switzerland if it is offered without selfish motive to a person with decision-making capacity. Although the ‘Swiss model’ for suicide assistance has been extensively described in the literature, the formally and informally protected liberties and claims of assistors and recipients of suicide assistance in Switzerland are incompletely captured in the literature. In this article, we describe the package of rights involved in the ‘Swiss model’ using the framework of Hohfeldian rights as modified by (...) Wenar. After outlining this framework, we dissect the rights involved in suicide assistance in Switzerland, and compare it with the situation in England and Germany. Based on this approach, we conclude that in Switzerland, claim rights exist for those requesting suicide assistance, and for those who are considering providing such assistance, even though no entitlements exist toward suicide assistance. We then describe the implementation of the ‘Swiss model’ and difficulties arising within it. Clarifying these issues is important to understand the Swiss situation, to evaluate what features of it may or may not be worth correcting or emulating, and to understand how it can impact requests for suicide assistance in other countries due to ‘suicide tourism’. It is also important to understand exactly what sets Switzerland apart from other countries with different legislations regarding suicide assistance. (shrink)

The great critic Peter Viereck, in a volume that both reproduces an earlier effort and presents an entirely new work on the intersection of history and literature, offers a biting critique of the American desire for normalcy that leads to a culture of the surrender of personality. In contrast to this voluntary thought control process is the unadjusted person. Cast in the mold of great individualists from Thomas More to Friedrich Nietzsche, such a person responds to fundamental values of (...) conscience rather than conformity built exclusively on ego gratification and icon worship. Viereck's book is a stinging critique of the liberal presumption of a monopoly in critical thought. He argues to the contrary, that most varieties of liberal expression offer little else than the common platitude dressed up as critique. In such a cultural environment, conservatism is the skeleton in the liberal closet. The virtue of conservatism is that in its very stress on liberty as dependent on tradition and law, it permits the human being an opportunity to test all transient things by the touchstone of all lasting ideas. Unadjusted Man cuts deep and in many directions: against left totalitarian regimes of Europe and right wannabes like McCarthyism in America. For Viereck, the art of conserving is not an embrace of utopias to come or empires that were, but retaining the sense of individuality over against the senselessness of the "massman." Civil liberties in this approach are a right to non-conspiratorial dissent informed by fundamental values. The new material is presented unabashedly--without an attempt to rewrite personal history, and with an admission that not every prediction made in the original edition has come to fruition. That said, the underlying themes of the original are not so much repeated as expanded upon. For those seeking a work in the classic mold of conservatism, rather than the strident reactionary views that have come to dominate much of the conservative dialogue, this will be a special book, a special entrance to the mind of a great figure in American culture wars of present as well as past. (shrink)

Mill's On Liberty has turned out to be, as he predicted, the most widely read and long-lasting of his writings. It has proved, however, extremely difficult to pin Mill down to any definite political doctrines. His contemporaries clearly had the same problems as have beset modern commentators. Some portray Mill as a dangerous revolutionary, a latter-day Jacobin; others see him as peddling mere platitudes. This volume traces the reception of On Liberty in the periodical literature, from the (...) "rave" review of Buckle in Fraser's Magazine, by way of the furious denunciations in such Tory journals as Blackwood's and the Quarterly, down to later liberals like John Morley and Leslie Stephen. (shrink)

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. (...) It also explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)

What are sanctuary cities? What are the political stakes? The literature provides inadequate answers. Liberal migration theorists offer few insights into sanctuary city politics. Critical migration scholars primarily address the relationship between sanctuary cities and political activism, a small part of the phenomenon. The historical literature examines continuities between 1970s sanctuary church activism and contemporary sanctuary cities, confusing what is essential to sanctuary churches and what is only sometimes associated with sanctuary cities. Together these approaches obscure more than (...) they reveal. This article suggests a republican account of sanctuary cities. Reconstructing American migration politics from the colonial era onward shows that sanctuary cities have roots in both the colonial republican revolt and the republican principle of freedom as nondomination. That reconstruction reveals much about both sanctuary cities and the federal government’s long-running assault on them. The resulting robust analytical framework clarifies what is at stake in the politics of sanctuary cities: federal sovereignty in migration politics specifically and republican liberty in migration politics generally. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting (...) corvid bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about (...) core civil liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

The 16th-century French humanist writer Etienne de La Boétie has not often been considered in literature on republican political thought, despite his famous essay, Discours de la Servitude Volontaire, displaying a number of clear republican tropes and themes, being largely concerned with the problem of arbitrary power embodied in the figure of the tyrant. Yet, I argue that the real significance of La Boétie’s text is in his radical concept of voluntary servitude and the way it adds a new (...) dimension to the neo-republican theory of liberty as non-domination. The problem of self-domination or wilful obedience to authority is a form of ideological domination that Pettit’s understanding of arbitrary power relationships between agents does not adequately account for. Furthermore, La Boétie shows that freedom is an ontological condition and is realised not – or not entirely – through the rule of law as the guarantee against arbitrariness, as neo-republicans advocate, but rather through acts of self-emancipation and civil disobedience. Here I understand La Boétie’s thinking in terms of a certain anarcho-republicanism in which the promotion of freedom depends not so much on institutions, as Pettit suggests, but rather on autonomous relations of friendship, love and solidarity between individuals. (shrink)

Philip Pettit's narrative of the eclipse of republican by liberal liberty in late eighteenth-century Britain adds colour and plausibility to his analytical contrast between republican and liberal liberty. The narrative supports his argument that republicanism and liberalism can be helpfully contrasted in terms of non-domination and non- interference conceptions of liberty. While the narrative has not been scrutinized in the literature, it is in fact flawed. The flaws raise new questions about how stringent a value (...) class='Hi'>liberty as non-domination is and what motivated the value. The flaws also raise new questions about the significance of liberty as non-interference within the very strand of liberalism that Pettit focuses upon. Finally, the article casts doubt on some aspects of Quentin Skinner's interpretation of republican liberty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Third Concept of Liberty. Judgment and Freedom in Kant and Adam SmithElisabeth EllisSamuel Fleischacker. A Third Concept of Liberty. Judgment and Freedom in Kant and Adam Smith. Princeton: Princeton University Press, 1999. Cloth, $70.00. Pp. 338.Samuel Fleischacker's lively and ambitious new book on judgment makes significant contributions to the literature interpreting Kant and Smith. He constructs a powerful [End Page 447] theory of free (...) human judgment from Kant's third Critique and Smith's Wealth of Nations, using this theory to revise Isaiah Berlin's classic distinction between negative and positive freedom. By arguing for what he calls "a third concept of liberty," Fleischacker hopes "to make the world free for good judgment" (243).Fleischacker begins his book with three chapters on "the nature of judgment," which include a controversial but ultimately convincing reading of Kant's writing on aesthetic judgment. Having outlined a Kantian theory of judgment, Fleischacker moves in the next six chapters to "the politics of judgment," reading Smith's Wealth of Nations in light of Aristotle's philosophy of phronesis (and also, rightly, in the context of Smith's own Theory of Moral Sentiments). This second section concludes with two extremely interesting chapters on politics and judgment in Kant and Rawls, in which Fleischacker weaves a number of controversial hypotheses, for example, that Kant's Groundwork was fundamentally influenced by Adam Smith (229n.), or that Kant included gender-based inequality among the types of tutelage to be overcome (186n.), into a strong critique of contemporary political philosophy. To both the utilitarian and the deontological traditions in political thought, Fleischacker opposes a "third way," in which the basis of political legitimacy is rooted in neither desire nor reason, but in the capacity for judgment. Fleischacker concludes his book with a single chapter on "the freedom of judgment," in which he argues for this philosophy against a series of representatives of alternative views.Interpreting Kant's political philosophy, Fleischacker directs our attention away from the familiar calculus of universal rules and toward what this reader agrees is the more authentically Kantian politics of gradual progress toward freedom. From this interpretation, he derives a very interesting critique of Kant's most prominent present-day successors:Rawls and Habermas try to uncover a framework for just politics from the structure of reason itself, and their projects fail, deeply and irremediably, because that structure cannot tell us anything, by itself, about its own proper application to concrete matters of public policy. Kant's own political writings are more closely engaged with specific, contingent issues of his day. Surprisingly, perhaps, Kant has considerably greater respect for history, and for empirical fact, than do his modern-day followers.(184)Fleischacker is not the only scholar interested in directing our attention toward Kant's pragmatic politics. See, for example, John Christian Laursen, The Politics of Skepticism in the Ancients, Montaigne, Hume, and Kant (Leiden and New York: E. J. Brill, 1992). Fleischacker goes on to emphasize that for Kant political freedom is something to be achieved over time via such institutions as civic education and a free press. As such, political freedom is not identical with freedom of the will, and thus for Fleischacker, Kant's political arguments do not depend on defending transcendental freedom. Instead, Fleischacker argues, a truly Kantian politics will address the conditions for the free exercise of individual judgment. "Freedom.... can be developed empirically... " (186). Though generally convincing, Fleischacker's reading of Kant's politics is vulnerable to criticism on some points of interpretation. For example, by overlooking Kant's [End Page 448] account of provisional right in the Rechtslehre, Fleischacker misses one of the most important of Kant's attempts to translate judgment's mediating function into political practice.If A Third Concept of Liberty elides some interpretive issues (such as the relationship between aesthetic and moral decision-making (23n.), the book confronts the most important questions of present-day political theory head on. Fleischacker makes a number of far-reaching but also quite specific proposals for moving the world closer to a realm of free human judgment. Against negative libertarians such as Milton Friedman, Fleischacker calls for governmental activism to... (shrink)

This is the first comprehensive interpretation of John Locke's solution to one of philosophy's most enduring problems: free will and the nature of human agency. Many assume that Locke defines freedom as merely the dependency of conduct on our wills. And much contemporary philosophical literature on free agency regards freedom as a form of self-expression in action. Here, Gideon Yaffe shows us that Locke conceived free agency not just as the freedom to express oneself, but as including also the (...) freedom to transcend oneself and act in accordance with "the good." For Locke, exercising liberty involves making choices guided by what is good, valuable, and important. Thus, Locke's view is part of a tradition that finds freedom in the imitation of God's agency. Locke's free agent is the ideal agent. Yaffe also examines Locke's understanding of volition and voluntary action. For Locke, choices always involve self-consciousness. The kind of self-consciousness to which Locke appeals is intertwined with his conception of personal identity. And it is precisely this connection between the will and personal identity that reveals the special sense in which our voluntary actions can be attributed to us and the special sense in which we are active with respect to them. Deftly written and tightly focused, Liberty Worth the Name will find readers far beyond Locke studies and early modern British philosophy, including scholars interested in free will, action theory, and ethics. (shrink)

This paper examines the link between political liberties and social equality, and contends that the former are constitutive of, i.e. necessary to secure, the latter. Although this constitutive link is often assumed in the literature on political liberties, the reasons why it holds true remain largely unexplored. Three such reasons are examined here. First, political liberties are constitutive of social equality because they bestow political power on their holders, leaving disenfranchised individuals excluded from decisions that are particularly pervasive, coercively (...) enforced, hard to avoid, monopolistic, and final. Second, they are constitutive of social equality due to their positional value, such that those who are denied such liberties are socially downgraded because and to the extent that others enjoy them. Third, they are constitutive of social equality due to their expressive value, in the sense that, by disenfranchising some individuals, the state publicly fails to recognize their equal moral agency. While unpacking these reasons, we address some criticisms of this constitutive link recently raised by Steven Wall and Jason Brennan. (shrink)

The common root of the humanist and mythological traditions is the projection of a cosmological and spiritual desire, reflected in mythic archetypes such as Venus or the Statue of Liberty in the harbor of New York City. The philosophical companion of Renaissance Venus is Eros as the all-compassing force in nature, and the philosophical correlate of the Statue of Liberty is Immanuel Kant's das Ding an sich. I focus on the intimate reladonship between the domain of artistic imagination (...) and philosophical discourse: the apparent difference is due to the separation between philosophy, science, and the arts since the Enlightenment. Closer scrutiny reveals that the same content is hidden in the various vessels of our modern and postmodern time. Reason and imagination seem to have gone different roads, but I will try to show that they are inseparably interconnected. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Third Concept of Liberty. Judgment and Freedom in Kant and Adam SmithElisabeth EllisSamuel Fleischacker. A Third Concept of Liberty. Judgment and Freedom in Kant and Adam Smith. Princeton: Princeton University Press, 1999. Cloth, $70.00. Pp. 338.Samuel Fleischacker's lively and ambitious new book on judgment makes significant contributions to the literature interpreting Kant and Smith. He constructs a powerful [End Page 447] theory of free (...) human judgment from Kant's third Critique and Smith's Wealth of Nations, using this theory to revise Isaiah Berlin's classic distinction between negative and positive freedom. By arguing for what he calls "a third concept of liberty," Fleischacker hopes "to make the world free for good judgment" (243).Fleischacker begins his book with three chapters on "the nature of judgment," which include a controversial but ultimately convincing reading of Kant's writing on aesthetic judgment. Having outlined a Kantian theory of judgment, Fleischacker moves in the next six chapters to "the politics of judgment," reading Smith's Wealth of Nations in light of Aristotle's philosophy of phronesis (and also, rightly, in the context of Smith's own Theory of Moral Sentiments). This second section concludes with two extremely interesting chapters on politics and judgment in Kant and Rawls, in which Fleischacker weaves a number of controversial hypotheses, for example, that Kant's Groundwork was fundamentally influenced by Adam Smith (229n.), or that Kant included gender-based inequality among the types of tutelage to be overcome (186n.), into a strong critique of contemporary political philosophy. To both the utilitarian and the deontological traditions in political thought, Fleischacker opposes a "third way," in which the basis of political legitimacy is rooted in neither desire nor reason, but in the capacity for judgment. Fleischacker concludes his book with a single chapter on "the freedom of judgment," in which he argues for this philosophy against a series of representatives of alternative views.Interpreting Kant's political philosophy, Fleischacker directs our attention away from the familiar calculus of universal rules and toward what this reader agrees is the more authentically Kantian politics of gradual progress toward freedom. From this interpretation, he derives a very interesting critique of Kant's most prominent present-day successors:Rawls and Habermas try to uncover a framework for just politics from the structure of reason itself, and their projects fail, deeply and irremediably, because that structure cannot tell us anything, by itself, about its own proper application to concrete matters of public policy. Kant's own political writings are more closely engaged with specific, contingent issues of his day. Surprisingly, perhaps, Kant has considerably greater respect for history, and for empirical fact, than do his modern-day followers.(184)Fleischacker is not the only scholar interested in directing our attention toward Kant's pragmatic politics. See, for example, John Christian Laursen, The Politics of Skepticism in the Ancients, Montaigne, Hume, and Kant (Leiden and New York: E. J. Brill, 1992). Fleischacker goes on to emphasize that for Kant political freedom is something to be achieved over time via such institutions as civic education and a free press. As such, political freedom is not identical with freedom of the will, and thus for Fleischacker, Kant's political arguments do not depend on defending transcendental freedom. Instead, Fleischacker argues, a truly Kantian politics will address the conditions for the free exercise of individual judgment. "Freedom.... can be developed empirically... " (186). Though generally convincing, Fleischacker's reading of Kant's politics is vulnerable to criticism on some points of interpretation. For example, by overlooking Kant's [End Page 448] account of provisional right in the Rechtslehre, Fleischacker misses one of the most important of Kant's attempts to translate judgment's mediating function into political practice.If A Third Concept of Liberty elides some interpretive issues (such as the relationship between aesthetic and moral decision-making (23n.), the book confronts the most important questions of present-day political theory head on. Fleischacker makes a number of far-reaching but also quite specific proposals for moving the world closer to a realm of free human judgment. Against negative libertarians such as Milton Friedman, Fleischacker calls for governmental activism to... (shrink)

Three recent books?Richard Posner's Law and Literature, Stanley Fish's Doing What Comes Naturally, and James Boyd White's Justice as Translation? struggle over the relationship of law and literature. Fish and White defend the relevance of literature to law; Posner tries to kill the nascent law and literature movement by hugging it to death. Posner's literary criticism is belles?lettristic, concerned chiefly with how?great? a work is. Fish's is social, emphasizing the interpretative community. White attempts to make a (...) new community, in which we come to understand one another by an effort of translation. White's vision is attractive, though it surrenders Science to non?translation. As the sage said, even in science it is translation, and rhetoric, all the way down. (shrink)

Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Our review identified (...) four major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)

The seventeenth century English philosopher, John Locke, is widely recognized as one of the seminal sources of the modern liberal tradition. _Liberty, Toleration and Equality_ examines the development of Locke’s ideal of toleration, from its beginnings, to the culmination of this development in Locke’s fifteen year debate with his great antagonist, the Anglican clergyman, Jonas Proast. Locke, like Proast, was a sincere Christian, but unlike Proast, Locke was able to develop, over time, a perspective on toleration which allowed him to (...) concede liberty to competing views which he, personally, perceived to be "false and absurd". In this respect, Locke sought to affirm what has since become the basic liberal principle that liberty and toleration are only meaningful when they are accorded to views to which we ourselves are profoundly at odds. John William Tate seeks to show how Locke was able to develop this position on toleration over a long intellectual career. Tate also challenges some of the most prominent contemporary perspectives on Locke, within the academic literature, showing how these fall short of perceiving what is essential to Locke’s position. (shrink)

This chapter shows how Mary Astell and Margaret Cavendish can reasonably be understood as early feminists in three senses of the term. First, they are committed to the natural equality of men and women, and related, they are committed to equal opportunity of education for men and women. Second, they are committed to social structures that help women develop authentic selves and thus autonomy understood in one sense of the word. Third, they acknowledge the power of production relationships, especially friendships (...) among women, in cultivating fulfilling lives for women. All three forms of feminism promote greater liberty for women. Moreover, the chapter establishes that many of these conclusions are especially forceful given Cavendish’s use of the genre of literature, and given the method that literature allows, namely that of presenting alternate points of view. (shrink)

Background Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. Methods We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Results (...) Our review identified four major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. Conclusion The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)

Whilst security seems central to many moral and political problems, sustained examination of the concept by contemporary philosophers is rare. In this chapter I seek to re-ignite philosophical interest in security by uncovering some of the ways in which the concept has been both understood and misunderstood. I begin by exploring the scarce historical understandings of security within the Western philosophical canon, from the Epicureans through Hobbes and on to contemporary political philosophy, identifying the key themes which arise within the (...) literature. I then provide an account of the structure of the concept of security, which lays bare its relationship to contemporary debates on the distinction between “natural” and “social” threats, on the political significance of fear, and on the nature of rights. Finally, I identify four key problems in moral and political philosophy – the balance between state and individual security, between liberty and security, the status of moral principles during emergencies and the trade-off between privacy and public safety – where a finer grained understanding of security can benefit normative theorising. (shrink)

In this paper, the logical structure of ethics and economics as one unified science is investigated and found to be inhomogeneously represented in Austroliberal literature. This structure is here built from axioms, deductions, and definitions: It is first established in its self-supportive bareness, secondly represented by pivotal passages of libertarian literature, and then widened by a third axiom in addition to the classical first axiom of action and the second axiom of variety. This third axiom and the deduction (...) that follows deal with supra-individual risks for the core of self-ownership and reflect on equality of inalienable, as opposed to alienable, property.Liberty is found to be a dispensable term. Instead, self-ownership is the pivotal notion on which civilized, contractual society is founded: the rock bottom of is propositions as opposed to ought propositions. Alienable property is identified as the only effective, coessential, and congeneric protective mantle around inalienable self-ownership. Equality, with respect to this core of self-ownership, could possibly turn out to be the philosophical foundation for the claim by any ethical norm to hold true for all equally.It is the present author’s hope that, by reinforcing and emphasizing the idea of self-ownership rather than the idea of liberty, this article will foster a greater acceptance for the libertarian desire for contractual solutions to social problems. (shrink)

Normative debates on migration control, while characterised by profound disagreement, do appear to agree that the state has at least a prima facie right to prevent the entry of security threats. While concern is sometimes raised that this ‘security exception’ can be abused, there has been little focus by normative theorists on concrete practices of security, and how we can determine what a ‘principled’ use of the security exception would be. I argue that even if states have a right to (...) prevent migrants from entering on grounds of security, the practices required to implement this right will likely compromise core liberal democratic values in ways that have not been sufficiently appreciated. I draw on literature from Science and Technology Studies and Critical Security Studies to examine the proliferation of digital border control technologies which are increasingly dominating state security practices, and explain the challenges these technologies pose to non-discrimination, liberty and equality. I also highlight the difficulties of taking these principles as presumptive limitations on the operation of the security exception. A more sustained conversation among ethical theorists is needed to address the profound ethical challenges that the ever-increasing use of these technologies poses, particularly in pursuit of security. (shrink)

Ways of Being Free: Introduction -- War Is Everything's Father: History and Death as Causes of Existential Angst -- Introduction: Causes of Existential Angst -- Change and Changelessness in Midnight's Children -- The Road of Existential Struggle in The Famished Road -- History and the "Nervous Condition" in The English Patient -- Death as a Drive to Meaningful Existence in Midnight's Children -- Becoming Dead-to-the-World in The English Patient -- Ideological Re-appropriation through Death in The Famished Road -- Authenticity -- (...) Authenticity: Introduction -- From Self-Sufficiency to Inoperative Community in The English Patient -- Revolution Revisited in The Famished Road -- From Communalism to the Comic Absurd in Midnight's Children. (shrink)

Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission permits, draw heavily upon the classical liberal intellectual tradition and its emphasis on property rights and competitive markets. This intellectual tradition has been less helpful, to date, in the development or design of climate change policies. Climate Liberalism aims to help fill the gap in the academic (...) literature examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform the debate over climate-change policies. The contributors in this book approach the topic from a range of perspectives and represent multiple academic disciplines. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values. (shrink)

Literature on the mental capacities and cognitive mechanisms of the great apes has been silent about whether they can act autonomously. This paper provides a philosophical theory of autonomy supported by psychological studies of the cognitive mechanisms that underlie chimpanzee behavior to argue that chimpanzees can act autonomously even though their psychological mechanisms differ from those of humans. Chimpanzees satisfy the two basic conditions of autonomy: (1) liberty (the absence of controlling influences) and (2) agency (self-initiated intentional action), (...) each of which is specified here in terms of conditions of understanding, intention, and self-control. In this account, chimpanzees make knowledge-based choices reflecting a richly information-based and socially sophisticated understanding of the world. Finally, two major theories of autonomy (Kantian theory and two-level theory) are rejected as too narrow to adequately address these issues, necessitating the modifications made in the present approach. (shrink)

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Inspired by the work of prominent University of Notre Dame political philosophers Catherine Zuckert and Michael Zuckert, this volume of essays explores the concept of natural right in the history of political philosophy. The central organizing principle of the collection is the examination of the idea of natural justice, identified in the classical period with natural right and in modernity with the concept of individual natural rights. Contributors examine the concept of natural right and rights in all the manifold and (...) interdisciplinary dimensions associated with the Zuckerts’ oeuvre. Part I explores the theme of natural right in the ancient and medieval political philosophy of Plato, Xenophon, Aristotle, and St. Augustine. Part II examines the early modern break from the classical tradition in the work of Montaigne, Spinoza, Montesquieu, Locke, and Hegel as well as the legacy of the modern natural rights tradition as explored by Leo Strauss and Pope John Paul II. Part III treats the theme of natural rights from the Puritans through the Founding period in such figures as Thomas Jefferson and Gouverneur Morris and up to the Progressive era with Booker T. Washington and Theodore Roosevelt. Part IV addresses questions of natural justice in literature, including works of Euripides, Cervantes, Shakespeare, Edith Wharton, and Tom Stoppard. "In this collection compiled in honor of Catherine and Michael Zuckert, the contributors address a wonderful variety of serious issues in important literary and philosophic texts. Their topics range from Plato on piety to Stoppard on socialist utopianism, and from Aristotle and Augustine to Euripides, Locke, Hegel, Shakespeare, and Booker T. Washington. The volume stands as an impressive introduction to the liberal arts and a lively introduction to many great issues of liberalism, Christianity, justice, and liberty; it is also a tribute to the Zuckerts' breadth of study, teaching, and influence." —_Robert K. Faulkner, Boston College_. (shrink)

Including new material as well as previously published articles, John Rees here brings his abilities as both a historian of ideas and a political philosopher to bear in this combination of historical and textual research and philosophical analysis of liberty. A major contribution to the existing literature on Mill, it is also a tribute to an important scholar.

The most relevant and plausible conceptions of economic rationality, interpersonal liberty, human welfare, and private-property anarchy do not conflict in theory or practice. Using philosophy and social science, Escape from Leviathan defends this bold, non-normative, thesis from contrary positions in the scholarly literature. Writers considered include David Friedman, John Gray, R. M. Hare, Robert Nozick, Karl Popper, John Rawls, Murray Rothbard, Alan Ryan, Amartya Sen, and Bernard Williams. *** The rationality assumptions of neoclassical and Austrian School economics are (...) reconciled and related to liberty and welfare. A new pre-propertarian theory of interpersonal liberty as the absence of (initiated or proactively) imposed cost is argued to be libertarian. Human welfare is defended as the satisfaction of unimposed wants. Practical anarchy is simply unconstrained private property. Related topics include free will, weakness of will, the nature of moralizing, intellectual property, and restitution and retribution. Critical-rationalist epistemology (theories can only be criticized and tested, not justified or supported) is applied throughout. This is a ground-breaking work that is also an excellent introduction to libertarianism and social thought. (shrink)

This far-ranging and ambitious attempt to rethink postcolonial theory's discussion of the nation and nationalism brings the problems of the postcolonial condition to bear on the philosophy of freedom. Closely identified with totalitarianism and fundamentalism, the nation-state has a tainted history of coercion, ethnic violence, and even, as in ultranationalist Nazi Germany, genocide. Most contemporary theorists are therefore skeptical, if not altogether dismissive, of the idea of the nation and the related metaphor of the political body as an organism. Going (...) against orthodoxy, Pheng Cheah retraces the universal-rationalist foundations and progressive origins of political organicism in the work of Kant and its development in philosophers in the German tradition such as Fichte, Hegel, and Marx. Cheah argues that the widespread association of freedom with the self-generating dynamism of life and culture's power of transcendence is the most important legacy of this tradition. Addressing this legacy's manifestations in Fanon and Cabral's theories of anticolonial struggle and contemporary anticolonial literature, including the Buru Quartet by Indonesian writer Pramoedya Ananta Toer, and the Kenyan writer Ngugi Wa Thiong'o's nationalist novels, Cheah suggests that the profound difficulties of achieving freedom in the postcolonial world indicate the need to reconceptualize freedom in terms of the figure of the specter rather than the living organism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Imagination in Hume’s Philosophy: The Canvas of the Mind by Timothy M. CostelloeSaul TraigerTimothy M. Costelloe. The Imagination in Hume’s Philosophy: The Canvas of the Mind. Edinburgh: Edinburgh University Press, 2018. Pp. xv + 312. Hardback. ISBN: 9781474436397. $107.00.If anything about Hume’s philosophy can be characterized as widely accepted, it is that the imagination is front and center in Hume’s account of the mind. The aim of (...) Timothy Costelloe’s book is to fully develop the observation, that the imagination, as Hume understands it, is “the canvas of the mind.” Costelloe amply demonstrates that the imagination is a broad canvas, ranging from Hume’s epistemology and metaphysics, to his aesthetics, moral and political philosophy, history, philosophy of religion, and his general conception of philosophy itself. Seven substantial chapters cover these areas, and show how Hume takes the imagination to play a pivotal role in each.One of the many strengths of this book is that Costelloe responsibly mines the secondary literature, carefully explaining the interpretations he seconds and those he finds wanting. The attention to the relevant secondary literature is apparent from the start, where Costelloe laments the surprising dearth of book-length treatments of Hume on the imagination, but helpfully highlights both the lesser known Hume-centric monographs on the imagination by Furlong and Wilbanks, as well as more widely read interpretations.The introductory chapter makes important distinctions and introduces some main concepts. Hume differentiates the imagination’s “combinatory power” from its “creative power.” While the uninhibited ability to concatenate ideas might also be seen as a creative act, Costelloe sees the creative power where the imagination [End Page 173] “generates a class of ideas—‘fictions’ of a certain sort—independent of experience and according to its own inner logic” (21). This characterization makes sense when viewing the imagination’s function as directed towards a goal, such as achieving coherence or creating an aesthetically pleasing effect. Costelloe suggests that achieving an aesthetically pleasing effect is an element in any exercise of the imagination’s creative power. The imagination creates easy transitions among ideas where there were none, where doing so is pleasurable, or aided by the passions.Costelloe introduces his account of Hume’s fictions as errors of the imagination whereby ideas are formed in a manner different from the standard derivation from antecedent impressions. He insists, helpfully, that fictions are not illusions, but rather errors of a different kind. Though both involve error, fictions, unlike illusions, are not described in terms of jest or irony (30).Though he acknowledges that Hume does not describe any fictions as “artificial,” Costelloe finds it helpful to draw a distinction between natural and artificial fictions. Natural fictions are generated without reflection. Artificial fictions, such as those created by poets and philosophers, issue from “the voluntary act of imagination” (31). Costelloe holds that artificial fictions “are rarely taken to refer to objects with real existence and that any professed belief is really a matter of people being persuaded of something and taking the ideas in question as having real referents, thus only lending themselves to their existence for one reason or another” (31). This is a bit unclear. Certainly, poetic fictions are voluntary creations not intended to refer to real objects. But substance, and the double existence of ideas and external objects, as philosophical fictions, surely both involve belief and the corresponding existential commitments on the part of the philosophers who are committed to them. It is also difficult to see the purported contrast between belief and taking ideas to have real referents.Chapter 2, on metaphysics, is the longest chapter in the book, and it addresses the fictions of the imagination in Hume’s account of space and time, continued and distinct existence, liberty and necessity, and personal identity. Costelloe is sensitive to the worry that classifying Hume’s subject in Book 1 of the Treatise as metaphysics may appear to be slighting the central epistemological concerns and failing to appreciate Hume’s nascent cognitive psychology. Such worries fall away as Costelloe explores the roles that the imagination plays in the formation of our conception of duration without change, and the identity... (shrink)

In explaining the reasons for sustained existence of tolerance in Indian philosophical mind and continuation of tolerant practices in socio-political life, Amartya Sen argues that tolerance is inherently a social enterprise, which may appear as contingent, but for all intents and purposes is persistent. Basing his thesis that is opposed to Cartesian dualism, which makes a distinction between mind and body, Sen submits that Indian system of universalizing perception finds a subtle form of connection between mind and body. He expands (...) the ancient core worldview, Vasundhara kutumbakam as a secular tolerant civil code,1which makes a connection between the transcendental and the pragmatic planes of consciousness, and reconstructs a thesis about tolerance around human consciousness, which is collectivized and anchored in an acknowledged public space in society that is joined together psychologically as well as philosophically. Tolerance as consciousness can be regarded a necessary condition for playing the role of intentionality as stipulated by classical philosophy. Aware of this ancient wisdom that accepts relativism as an impasse over some evaluative matter, Sen avoids the pitfalls of cultural relativism in tolerance by offering an argument that is based on the metaphysics of Advaita Vedanta and other religious and secular literature, and epitomizes an internationalizing virtue in tolerant traditions. I would examine some interconnected issues, such as the ethical “perimeter” of Sen’s philosophical observation of totalized value system and Indian tolerant attitudes in real life, etc., raising the broader question about the location of cultural identity in relation to supranational state organization. My chief argument is that Sen has been able to observe a connection between the Advaita Vedantic moral philosophy that informs that viewed from the Brahmanic perspective of absolute knowledge in unity, the apparent subject of duality is not the ultimate subject. My conclusion is that valuing of tolerance, individual liberty as well as civil rights is a particular contribution of Western thinking and philosophy; the Western advocates of these rights often provide ammunition to the non-Western critics of tolerance and human rights. (shrink)

Ouvrage inédit de Bernard Charbonneau, qui pourtant l'affectionnait beaucoup, ce petit livre est l'ultime réflexion qu'il porta sur le concept de liberté, qui chez lui a toujours été central. Il y offre à son lecteur une méditation de tout premier ordre mais accessible et concise sur la liberté, prise en tant que concept et recherche incarnés dans un temps, dans un lieu, dans un individu. Plus importante encore que la réflexion philosophique est la volonté de Charbonneau de tenter de communiquer (...) au lecteur qui lui fait l'amitié de le lire son expérience de la liberté, en se basant sur des figures irréfutables comme Rousseau (à travers le Contrat social), Montaigne (à travers les Essais), Berdiaev (à travers De l'Esclavage et de la liberté de l'homme) et Dostoïevski (à travers la parabole du Grand Inquisiteur), utilisées comme autant de perspectives différentes et de témoins édifiants." -- Page 4 of cover. (shrink)