Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a (...) humanist ‘alternative to law’, without first debating the very orthodox-heterodox binomial, ends up overlooking the discursive and methodological specificity of law, as a particular experience of practical and normative validity. In this way, it introduces, from an axiological-normative and juridically oriented standpoint, a different—jusaesthetic—argument for re-examining the relationship between law’s praxis, nomos, and community. (shrink)

The majority of analyses investigating the professionalisation of scientific domains tend to assume the linear and general features of this transformation. These studies focus on the shift from a non-professionalised state to a professionalised state. This dual approach, however, crucially lacks some other aspects of the process of professionalisation. This issue is discussed within the context of the growth of prehistoric archaeology in France from the 1940s, by observing scientific societies, national research organisations and their social networks. Looking at the (...) scale of Georges Laplace’s career and that of his research group, which studied the typologie analytique method, this article demonstrates the benefits of a ternary model which also encompasses the modes of refusal of professionalisation. (shrink)

In this paper, I address two related challenges the phenomenon of depression raises for conceptions according to which autonomy is an agency concept and an independent source of justification. The first challenge is directed at the claim that autonomous agency involves intending under the guise of the good: the robust though not always direct link between evaluation and motivation implied here seems to be severed in some instances of depression; yet, this does not seem to affect the possibility of (...) autonomous action. The second challenge targets the feasibility of a reliable distinction between autonomous and non-autonomous choices in the context of depression: value-neutral and value-laden ways of drawing the distinction seem both open to decisive objections. I develop an account of paradoxical identification which supports a revised value-neutral distinction between autonomous and non-autonomous choices in the context of depression (my response to challenge 2), and shows that depression is inconsistent with autonomy to the extent that it involves an agent’s (paradoxical) identification with projects she implicitly loathes, that is, to the extent that depression thwarts intending under the guise of the good (my response to challenge 1). (shrink)

Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons (...) underpinning the choice are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined. (shrink)

Individuals who possess the virtue of epistemic autonomy rely upon themselves in their reasoning, judgment and decision making in virtuous ways. Philosophers working on intellectual virtue agree that if the pursuit of epistemic autonomy is not tempered by other virtues such as intellectual humility, it can lead to vices such as extreme intellectual individualism. Virtue theorists have made a number of empirical claims about the consequences of possessing this vice – e.g. that it will lead to significantly fewer (...) epistemic goods and a greater number of faulty beliefs. This paper reports the results of two pilot studies and initial results from a larger series of studies that attempt to shed light on some of the intellectual pitfalls of pursuing unrestricted epistemic autonomy. The studies provide empirical support for the philosophical claim that epistemic autonomy and intellectual humility are mutually supporting virtues by showing that epistemic autonomy without intellectual humility leads to increased belief in misinformation, conspiracy theories and pseudoscience and decreased trust in scientific experts. They also reveal important contours of the complex and often delicate relationship between the virtue of epistemic autonomy and its more vicious cousin, strong intellectual individualism. (shrink)

The concept of “autonomy”, once at the core of the original enactivist proposal in The Embodied Mind, is nowadays ignored or neglected by some of the most prominent contemporary enactivists approaches. Theories of autonomy, however, come to fill a theoretical gap that sensorimotor accounts of cognition cannot ignore: they provide a naturalized account of normativity and the resources to ground the identity of a cognitive subject in its specific mode of organization. There are, however, good reasons for the (...) contemporary neglect of autonomy as a relevant concept for enactivism. On the one hand, the concept of autonomy has too often been assimilated into autopoiesis and the implications are not always clear for a dynamical sensorimotor approach to cognitive science. On the other hand, the foundational enactivist proposal displays a metaphysical tension between the concept of operational closure, deployed as constitutive, and that of structural coupling ; making it hard to reconcile with the claim that experience is sensorimotorly constituted. This tension is particularly apparent when Varela et al. propose Bittorio as a model of the operational closure of the nervous system as it fails to satisfy the required conditions for a sensorimotor constitution of experience. It is, however, possible to solve these problems by re-considering autonomy at the level of sensorimotor neurodynamics. Two recent robotic simulation models are used for this task, illustrating the notion of strong sensorimotor dependency of neurodynamic patterns, and their networked intertwinement. The concept of habit is proposed as an enactivist building block for cognitive theorizing, re-conceptualizing mental life as a habit ecology, tied within an agent’s behaviour generating mechanism in coordination with its environment. Norms can be naturalized in terms of dynamic, interactively self-sustaining, coherentism. This conception of autonomous sensorimotor agency is put in contrast with those enactive approaches that reject autonomy or neglect the theoretical resources it has to offer for the project of naturalizing minds. (shrink)

This book concerns the foundations and implications of a particular form of liberal political theory. Colburn argues that one should see liberalism as a political theory committed to the value of autonomy, understood as consisting in an agent deciding for oneself what is valuable and living life in accordance with that decision. Understanding liberalism this way offers solutions to various problems that beset liberal political theory, on various levels. On the theoretical level, Colburn claims that this position is the (...) only defensible theory of liberalism in current circulation, arguing that other more dominant theories are either self-contradictory or unattractive on closer inspection. And on the practical level, Colburn draws out the substantive commitments of this position in educational, economic, and social policy. Hence, the study provides a blueprint for a radical liberal political agenda which will be of interest to philosophers and to politicians alike. (shrink)

Pauline Kleingeld and Marcus Willaschek, in a co-authored article, declare that their purportedly new interpretation of Immanuel Kant’s writings on autonomy reveals that his moral philosophy is neither realist nor constructivist. However, as I explain here, John Rawls already occupies the area of intellectual territory to which Kleingeld and Willaschek attempt to lay claim: Rawls interprets Kant’s moral philosophy as neither realist, as Kleingeld and Willaschek evidently construe this term, nor constructivist, as they evidently construe this term. Contra Kleingeld (...) and Willaschek, the moral constructivism attributed to Kant by Rawls is not voluntarist, and Rawls’s account of Kant’s concept of autonomy is not paradoxical. In order to understand autonomy, it is necessary to understand Kant’s complex conception of the will, which structures his moral philosophy (as Rawls, unlike Kleingeld and Willaschek, explains). Rawls, like Kant, but unlike Kleingeld and Willaschek, clearly distinguishes between certain importantly different questions about normativity and obligation. Kant’s moral philosophy, according to Rawls’s insightful interpretation, is a form of objective moral constructivism. (shrink)

An important philosophical issue in the study of addiction is what difference the fact that a person is addicted makes to attributions of autonomy (and responsibility) to their drug-oriented behavior. In spite of accumulating evidence suggesting the role of emotional dysregulation in understanding addiction, it has received surprisingly little attention in the debate about this issue. I claim that, as a result, an important aspect of the autonomy impairment of many addicted individuals has been largely overlooked. A widely (...) shared assumption in the philosophical literature is that for addiction to impair a person’s autonomy it has to make them (in some sense) take drugs against their will. So-called “willing addicts” are therefore usually seen as exempted from the autonomy impairment believed to characterize “unwilling addicts”, the latter being those who ‘truly want’ to stop using drugs but find their attempts repeatedly derailed by failures of self-control. In this article, I argue that the association between addiction and emotional dysregulation shows why this assumption is false. Emotional dysregulation is not only consistent with the possibility that many addicts take drugs ‘willingly’, it supports the hypothesis that they use drugs because they truly want to. The article proposes an explanation for why emotional dysregulation should nevertheless be seen as an aspect of their loss of control and an important reason why they have impaired autonomy. I end by exploring some implications of this account for addict’s decision-making capacity when they are prescribed the drugs to which they are addicted. -/- . (shrink)

This collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should law claim autonomy? These and other questions are addressed by the authors in this carefully edited collection, and it will be of interest to all lawyers and scholars interested in legal philosophy and legal theory.

Autonomy has been central to moral and political philosophy for millenia, and has been positioned as a critical aspect of both justice and wellbeing. Research in psychology supports this position, providing empirical evidence that autonomy is critical to motivation, personal growth and psychological wellness. Responsible AI will require an understanding of, and ability to effectively design for, human autonomy (rather than just machine autonomy) if it is to genuinely benefit humanity. Yet the effects on human (...) class='Hi'>autonomy of digital experiences are neither straightforward nor consistent, and are complicated by commercial interests and tensions around compulsive overuse. This multi-layered reality requires an analysis that is itself multidimensional and that takes into account human experience at various levels of resolution. We borrow from HCI and psychological research to apply a model (“METUX”) that identifies six distinct spheres of technology experience. We demonstrate the value of the model for understanding human autonomy in a technology ethics context at multiple levels by applying it to the real-world case study of an AI-enhanced video recommender system. In the process we argue for the following three claims: 1) There are autonomy-related consequences to algorithms representing the interests of third parties, and they are not impartial and rational extensions of the self, as is often perceived; 2) Designing for autonomy is an ethical imperative critical to the future design of responsible AI; and 3) Autonomy-support must be analysed from at least six spheres of experience in order to approriately capture contradictory and downstream effects. (shrink)

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)

This essay* takes two notions of autonomy and two notions of explanation and argues that colours occur in explanations that fall under all of them. The claim that colours can be used to explain anything at all may seem to some people an outrage. But their pessimism is unjustified and the orthodox dispositional view which may seem to support it, I shall argue, itself has difficulties. In broad terms, Section 2 shows that there exist good straight scientific laws of (...) colour, constituting what one might call a phenomenal science. Section 3 offers a larger view of what we are doing when we attribute colours to things, a view which makes it a case of holistic explanation, similar in many ways to psychological explanation. Section 2 emphasizes the model of scientific explanation, and Section 3 the holistic model found in rational explanation; but it will emerge that colour explanation in different ways fits both models, as it also does the two principal notions of autonomy that the first section identifies. (shrink)

According to Marshall et al. (2024), some of the patients who refuse to stay in observation after being resuscitated following an opioid overdose are likely not making an autonomous choice. While I do not intend to dispute this claim, it merits discussion what is the concept of autonomy at play in making this assessment. I contend that the concept at work is more substantive than Marshall et al. acknowledge—and more substantive, too, than the form of autonomy usually thought (...) to underpin the moral justification of the requirement of informed consent . (shrink)

Kant’s ethics conceives of rational beings as autonomous–capable of legislating the moral law, and of motivating themselves to act out of respect for that law. Kant’s ethics also includes a notion of the highest good, the union of virtue with happiness proportional to, and consequent on, virtue. According to Kant, morality sets forth the highest good as an object of the totality of all things good as ends. Much about Kant’s conception of the highest good is controversial. This paper focuses (...) on the apparent conflict between Kant’s claim that we are autonomous, and passages in which he seems to suggest that we require belief in the possibility of the highest good to motivate moral action. I distinguish three distinct versions of these problematic claims that seem to be present in Kant’s texts: that the highest good serves as (1) a motivational supplement to respect for the moral law, (2) a fundamental spring of right action, and (3) a condition of the bindingness of moral requirements. I argue that the texts are better interpreted to yield alternatives to (2) and (3) that do not conflict with our autonomy. I also argue that, properly understood, (1) does not conflict with our autonomy. In arguing for the last claim, I explore Kant’s notion of radical evil and its implications for human agency and virtue. (shrink)

In Algorithms & Autonomy, Rubel, Castro, and Pham (hereafter RCP), argue that the concept of autonomy is especially central to understanding important moral problems about algorithms. In particular, autonomy plays a role in analyzing the version of social contract theory that they endorse. I argue that although RCP are largely correct in their diagnosis of what is wrong with the algorithms they consider, those diagnoses can be appropriated by moral theories RCP see as in competition with their (...) autonomy based theory. Most notably, proponents of consequentialism and virtue ethics can appropriate RCPs insights. This is good news because RCP’s social contract theory is vulnerable to a well known class of counterexamples. The most significant contribution of RCP, if I am right, is in their identification, presentation, and evaluation of concrete cases involving algorithms and not in the more controversial claims about theoretical ethics that RCP themselves see as central to what they are doing. (shrink)

Suppose that we think it important that people have the chance to enjoy autonomous lives. An obvious corollary of this thought is that people should, if they want it, have control over the time and manner of their deaths, either ending their own lives, or by securing the help of others in doing so. So, generally, and even if we overall think that the practice should not be legalized on other grounds, it looks like common sense to think that considerations (...) of autonomy tell at least somewhat in favour of legalizing at least some acts of suicide and voluntary euthanasia. In this paper, I argue that, in fact, when we scrutinize the reasons for most end of life decisions, it turns out that they are seriously problematic from the point of view of autonomy. Full autonomy requires that we are responsible for the consequences of our decisions, and responsibility is precluded by non-voluntariness, which is to say decisions made because there are no acceptable alternatives. Since most end of life decisions are made for precisely this reason, it looks as though most such decisions are non-voluntary, and therefore undermine our autonomy: a discomforting and paradoxical claim. I argue that we should respond by taking the paradox to illuminate the context required by an autonomy-respecting framework for legalizing assisted suicide and euthanasia. People should have a legal right to a reasonable choice about when and how to die. However, this must go hand in hand with institutions that ensure, as far as possible, that such choices are made against a background which ensures, as far as possible, that people choose death clear-sightedly and not because nothing else is acceptable. (shrink)

Throughout the 20th century, market capitalism was defended on parallel grounds. First, it promotes freedom by enabling individuals to exploit their own property and labor-power; second, it facilitates an efficient allocation and use of resources. Recently, however, both defenses have begun to unravel—as capitalism has moved into its “platform” phase. Today, the pursuit of allocative efficiency, bolstered by pervasive data surveillance, often undermines individual freedom rather than promoting it. And more fundamentally, the very idea that markets are necessary to achieve (...) allocative efficiency has come under strain. Even supposing, for argument’s sake, that the claim was true in the early 20th century when von Mises and Hayek pioneered it, advances in computing have rekindled the old “socialist calculation” debate. And this time around, markets—as information technology—are unlikely to have the upper hand. -/- All of this, we argue, raises an important set of governance questions regarding the political economy of the future. We focus on two: How much should our economic system prioritize freedom, and to what extent should it rely on markets? The arc of platform capitalism bends, increasingly, toward a system that neither prioritizes freedom nor relies on markets. And the dominant critical response, exemplified by Shoshana Zuboff’s work, has been to call for a restoration of market capitalism. Longer term, however, we believe it would be more productive to think about how “postmarket” economic arrangements might promote freedom—or better yet, autonomy—even more effectively than markets, and to determine the practical steps necessary to realize that possibility. (shrink)

This paper explores the claim that someone can reasonably consider themselves to be under a duty to respect the autonomy of a person who does not have the capacities normally associated with substantial self-governance.

Jurgen Habermas has argued that carrying out pre-natal germline enhancements would be inimical to the future child's autonomy. In this article, I suggest that many of the objections that have been made against Habermas' arguments by liberals in the enhancement debate misconstrue his claims. To explain why, I begin by explaining how Habermas' view of personal autonomy confers particular importance to the agent's embodiment and social environment. In view of this, I explain that it is possible to draw (...) two arguments against germline enhancements from Habermas' thought. I call these arguments ‘the argument from negative freedom’ and ‘the argument from natality’. Although I argue that many of the common liberal objections to Habermas are not applicable when his arguments are properly understood, I go on to suggest ways in which supporters of enhancement might appropriately respond to Habermas' arguments. (shrink)

In a recent article in this journal, Schaefer et al. argue that it might be possible to enhance autonomy through the use of cognitive enhancements. In this article, I highlight an example that Schaefer et al. do not acknowledge of a way in which we already seem to be using pharmacological agents in a manner that can be understood as enhancing an agent’s autonomy. To make this argument, I begin by following other theorists in the philosophical literature in (...) claiming that impulsivity can serve to undermine an agent’s autonomy. I then explain that we are already able to reduce impulsivity through the use of pharmacological interventions, as is evidenced by the use of Methylphenidate in the treatment of ADHD. (shrink)

BackgroundRespect for autonomy is a key concept in contemporary bioethics and end-of-life ethics in particular. Despite this status, an individualistic interpretation of autonomy is being challenged from the perspective of different theoretical traditions. Many authors claim that the principle of respect for autonomy needs to be reconceptualised starting from a relational viewpoint. Along these lines, the notion of relational autonomy is attracting increasing attention in medical ethics. Yet, others argue that relational autonomy needs further clarification (...) in order to be adequately operationalised for medical practice. To this end, we examined the meaning, foundations, and uses of relational autonomy in the specific literature of end-of-life care ethics.MethodsUsing PRESS and PRISMA procedures, we conducted a systematic review of argument-based ethics publications in 8 major databases of biomedical, philosophy, and theology literature that focused on relational autonomy in end-of-life care. Full articles were screened. All included articles were critically appraised, and a synthesis was produced.ResultsFifty publications met our inclusion criteria. Twenty-eight articles were published in the last 5 years; publications were originating from 18 different countries. Results are organized according to: (a) an individualistic interpretation of autonomy; (b) critiques of this individualistic interpretation of autonomy; (c) relational autonomy as theoretically conceptualised; (d) relational autonomy as applied to clinical practice and moral judgment in end-of-life situations.ConclusionsThree main conclusions were reached. First, literature on relational autonomy tends to be more a ‘reaction against’ an individualistic interpretation of autonomy rather than be a positive concept itself. Dichotomic thinking can be overcome by a deeper development of the philosophical foundations of autonomy. Second, relational autonomy is a rich and complex concept, formulated in complementary ways from different philosophical sources. New dialogue among traditionally divergent standpoints will clarify the meaning. Third, our analysis stresses the need for dialogical developments in decision making in end-of-life situations. Integration of these three elements will likely lead to a clearer conceptualisation of relational autonomy in end-of-life care ethics. This should in turn lead to better decision-making in real-life situations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Autonomy, Experience, and TherapyDominic Murphy (bio)The contemporary philosophical idea of autonomy has a psychological implication, to wit, that there exists a comprehensive set of ideal competences, realized in our mind/brain, that enable a person to be self-governing. Autonomy is normally accorded individuals who enjoy a certain kind of psychological functioning and, perhaps, a certain sort of psychological history (Christman 1991). We think that autonomous individuals critically (...) evaluate their life and actions, endorse them as self-determined rather than imposed from without, and guide their own lives in accordance with the plans and values they have worked out for themselves. Such self-government has to depend on some psychological structures, but philosophers have tended to theorize about what these structures might be at a considerable distance from what the behavioral sciences can tell us. Anderson and Lux's paper is a welcome contribution to the growing literature that tries to connect issues in ethics with empirical considerations. This sort of methodological, as opposed to merely metaphysical, naturalism, is only just coming into vogue in ethics, even in moral psychology.1 Anderson and Lux are, as far as I am aware, the first people to reflect seriously on what we can learn about autonomy from clinical experience. Theirs is a very suggestive and fruitful paper that looks at real-life cases of loss of autonomy and tries to reach conclusions about what the deficits in performance tell us about the psychological preconditions of autonomy. Their paper also opens the way for an investigation into the precise neurologic and computational underpinnings of these capacities, which is essential if we are to get a serious moral psychology underway.I find little to quarrel with in the story that Anderson and Lux tell, but I will try to modify it slightly to bring out what I think is the important psychological point they make and explore some ramifications. I begin by claiming that they have scored a decisive point in favor of an external conception of autonomy. Second, I suggest that what Anderson and Lux have really put their finger on is less a requirement of accurate self-assessment than a requirement of sensitivity to feedback from the environment. I conclude by raising some of these issues about the relations between autonomy and assessments of psychological function when the deficit responsible is less amenable to clear cut neurologic identification.The External Perspective on AutonomyOne way of taking the paper (although this goes beyond anything that Anderson and Lux suggest) is that there is a smooth naturalistic picture of the cognitive basis of autonomy. When people have a normally functioning neurocomputational setup in their heads, we should assume that they are autonomous, and vice versa. However, autonomy cannot simply be identifiable with a mind that is working as some scientific theory says it should, because a mind that is [End Page 303] in that sense working correctly could, nonetheless, be directed by forces other than the agent. Servile or deluded individuals might endorse their lives even if those lives are the product of indoctrination, self-deception, or internalized oppression (Mackinnon 1997; Mele 1995). Normal mechanisms of belief fixation, for example, may not foster one's autonomy if the only context in which they are exercised is one in which many possible ways of life are simply unavailable for consideration, having been excluded from consideration by the dominant forces around one. We might, then, think of full autonomy as depending on relational rather than intrinsic properties. Perhaps autonomy requires a subject to have both normal psychological capacities and the right sort of environment in which to exercise them. I do not follow-up on this suggestion, but I mention it because it introduces two dimensions, within the subject and around the subject, where the externalist perspective on autonomy can get a grip. I discuss the former, but I do not mean to suggest that the latter is not important. A full account must deal with both. But even the psychological structures that foster autonomy cannot be identified with a mind working according to some scientific theory, as we shall see.Many writers on autonomy argue that we must recognize appropriate, objective constraints... (shrink)

Professional autonomy is often described as a claim of professionalsthat has to serve primarily their own interests. However, it can also beseen as an element of a professional ideal that can function as astandard for professional, i.e. medical practice. This normativeunderstanding of the medical profession and professional autonomy facesthree threats today. 1) Internal erosion of professional autonomy due toa lack of internal quality control by the medical profession; 2)the increasing upward pressure on health care expenses that calls (...) for ahealth care policy that could imply limitations for the professionalautonomy of physicians; 3) a distorted understanding of theprofession as being based on a formal type of knowledge and relatedtechnology, in which other normative dimensions of medical practice areneglected and which frustrates meaningful communication betweenphysicians and patients. To answer these threats a normative structureanalysis of medical practice is presented, that indicates whichprinciples and norms are constitutive for medical practice. It isconcluded that professional autonomy, normatively understood, should bemaintained to avoid the lure of the technological imperative and toprotect patients against third parties' pressure to undertreatment.However, this professional autonomy can only be maintained if members ofthe profession subject their activities and decisions to a criticalevaluation by other members of the profession and by patients and ifthey continue to critically reflect on the values that regulate today'smedicine. (shrink)

In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory, we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In Choice Theory, we stressed the proactive facilitation (...) component of autonomy, in particular, the state’s obligation regarding contract types. Here, we highlight two additional, necessary implications of autonomy for contract: regard for future selves and relational justice. These three aspects of autonomy shape the range, limit, and floor, respectively, for the legitimate use of contract. They provide a principled and constrained path for law reform. (shrink)

Kant takes the idea of autonomy of the will to be his distinctive contribution to moral philosophy. However, this idea is more nuanced and complicated than one might think. In this chapter, I sketch the rough outlines of Kant’s idea of autonomy of the will while also highlighting contentious exegetical issues that give rise to various possible interpretations. I tentatively defend four basic claims. First, autonomy primarily features in Kant’s account of moral agency, as the condition of (...) the possibility of moral obligation. Second, autonomy amounts to a metaphysical property as well as a normative principle and a psychological capacity. Third, although there is legitimate scholarly disagreement about whether or not autonomy involves self-legislation of the moral law, there is good reason to believe it underwrites an ‘inside-out’ (as opposed to ‘outside-in’) conception of the relationship between the will and moral requirements. Fourth, persons have dignity because their autonomy makes them members in the set of beings over whom the categorical imperative requires us to universalise our maxims, not because autonomy is an independently important property. (shrink)

Three claims are defended. (1) There is a conception of moral autonomy in Confucian ethics that to a degree can support toleration and freedom. However, (2) Confucian moral autonomy is different from personal autonomy, and the latter gives a stronger justification for civil and personal liberties than does the former. (3) The contemporary appeal of Confucianism would be strengthened by including personal autonomy, and this need not be seen as forsaking Confucian ethics but rather as an (...) internal revision in response to new social circumstances. From this inclusion emerges a new theory of liberties that recognizes the value of personal autonomy and the importance of the ethical good that liberties instrumentally serve to promote. (shrink)

An attractive form of social stability is realized when the members of a well-ordered society give that society’s organizing principles their free and reflective endorsement. However, many political philosophers are skeptical that there is any requirement to show that their principles would engender this kind of stability. This skepticism is at the root of a number of objections to political liberalism, since arguments for political liberalism often appeal to its ability to be stable in this way. The aim of this (...) paper is to address skepticism about the stability condition by putting forward a novel defense of it. My defense builds on the claim that stable principles are necessary to secure the full autonomy of those who live under them. (shrink)

Over the last years, some of Spinoza studies have shifted to a consideration of the relational character of his ethics by focusing on the notion of autonomy. This concept is foreign to Spinoza's vocabulary. Therefore, I will attempt to explain what Spinozan relational autonomy is and its connection with the most important ethical concept in his philosophy: freedom. Following considerations about Spinozan freedom, I claim that it entails a relational character and that, for this reason, it is equal (...) to relational autonomy. We are free when our joint action is based on adequate ideas of what we have in common with others. (shrink)

There is widespread agreement that it would be both morally and legally wrong to treat a competent patient, or to carry out research with a competent participant, without the voluntary consent of that patient or research participant. Furthermore, in medical ethics it is generally taken that that consent must be informed. The most widely given reason for this has been that informed consent is needed to respect the patient’s or research participant’s autonomy. In this article I set out to (...) challenge this claim by considering in detail each of the three most prominent ways in which ‘autonomy’ has been conceptualized in the medical ethics literature. I will argue that whilst these accounts support the claim that consent is needed if the treatment of competent patients, or research on competent individuals, is to respect their autonomy, they do not support the claim that informed consent is needed for this purpose. (shrink)

Traditional theories of autonomy argue for rational agents who are free to make decisions about the moral law and justice. Adopting these theories entails that children lack of autonomy; they are not fully developed rational agents, and, because of that, they are unable to engage in the complex cognitive capacities required by autonomy, such as critical self-reflection or substantive independence. Amy Mullin who, as part of a new area of philosophy called Philosophy of Childhood, argues for granting (...) children minimal or local autonomy. She argues that children's attachments to those they love can be a source of autonomy in a minimal sense. She claims that it is in the relationship with those the child loves that the child is able to find meaningful activities and is able to care for someone or something. I argue that Jeff Lemire’s Essex County Vol. 1 Tales from the Farm, is a depiction of childhood that illustrates Mullin’s ideas. However, I will argue that through the use of images as a form of language, Lemire offers an insight that is unique to the medium of the graphic novel. Lemire as an artist negotiates the optical physical surfaces and uses these surfaces as a language to bridge the gap between the child and the adult and help us understand the mind of children as autonomous agents. This is an important contribution since it will allow us to understand how children can demonstrate autonomy in some of the ways in which they conduct their lives and how this may be reason enough to grant them a voice when decisions that would affect their lives are made on their behalf, such as custody cases or end of life decisions. (shrink)

Should the existence of moral disagreement reduce one’s confidence in one’s moral judgments? Many have claimed that it should not. They claim that we should be morally self-sufficient: that one’s moral judgment and moral confidence ought to be determined entirely one’s own reasoning. Others’ moral beliefs ought not impact one’s own in any way. I claim that moral self-sufficiency is wrong. Moral self-sufficiency ignores the degree to which moral judgment is a fallible cognitive process like all the rest. In this (...) paper, I take up two possible routes to moral self-sufficiency.First, I consider Robert Paul Wolff’s argument that an autonomous being is required to act from his own reasoning. Does Wolff’s argument yield moral self-sufficiency? Wolff’s argument does forbid unthinking obedience. But it does not forbid guidance: the use of moral testimony to glean evidence about nonmoral states of affairs. An agent can use the existence of agreement or disagreement as evidence concerning the reliability of their own cognitive abilities, which is entirely nonmoral information. Corroboration and discorroboration yields nonmoral evidence, and no reasonable theory of autonomy can forbid the use of nonmoral evidence. In fact, by using others to check on my own cognitive functionality, an agent is reasoning better and is thereby more autonomous.Second, I consider Philip Nickel’s requirement that moral judgment proceed from personal understanding. I argue that the requirement of understanding does forbid unthinking obedience, but not discorroboration. When an agent reasons morally, and then reduces confidence in their judgments through discorroboration, they are in full contact with the moral reasons, and with the epistemic reasons. Discorroboration yields more understanding, not less. (shrink)

In her paper “Democracy, Public Policy, and Lay Assessments of Scientific Testimony” Elizabeth Anderson (2011) identifies a tension between the requirements of responsible public policy making and democratic legitimacy. The tension, put briefly, is that responsible public policy making should be based on the best available scientific research, but for it to be democratically legitimate there must also be broad public acceptance of whatever policies are put in place. In this chapter I discuss this tension, with a strong focus on (...) the issue of climate change. My aims are twofold. First, I argue that the tension is harder to resolve than Anderson supposes because some ways of securing acceptance for science-based policies will themselves be democratically illegitimate. Second, I take a closer look at the role intellectual autonomy plays in the tension. Many think that what I call “science marketing” methods for securing broad(er) acceptance of scientific claims are illegitimate because they infringe on our intellectual autonomy. I argue that it is less clear that this is true than many suppose. This is because, put roughly, judicious use of targeted science marketing methods need not stop us from developing the ability to think about scientific issues for ourselves. In fact, they may even aide us in developing this ability. While this doesn’t quite resolve the tension identified by Anderson, it does some of the necessary groundwork for resolving it. (shrink)

This essay considers the impact of digital networks in organizations on worker autonomy. Worker autonomy, the control that workers have over their own work situation, is claimed in this essay to be a key determinant for the quality of work, as well as an important moral goal. Digital networks pose significant threats to worker autonomy as well as opportunities for its enhancement. In this essay, the notion of worker autonomy is analyzed and evaluated for its importance (...) and moral relevance. It is then considered how digital networks both threaten worker autonomy and offer opportunities for its enhancement. Three major opportunities (enhanced communicative powers, increased informedness, teleworking) and threats (electronic monitoring, task prestructuring, and dependency creation) are discussed and analyzed. Finally, the dynamics that determine the impact on worker autonomy of the introduction of a digital network in organizations are investigated. A particular model for analyzing these dynamics and their impacts, Bryan Pfaffenberger's model of a technological drama. It will be illustrated how this model illuminates these dynamics by analyzing them as a dialectic of strategies of technological regularization by design constituencies and technological adjustment by impact constituencies. It will also be assessed what role network design has in this process. (shrink)

This article challenges a prominent claim in moral philosophy: that autonomy is a personal ideal, according to which individuals are authors of their own lives. This claim is philosophically dubious and ethically pernicious, having excluded women from positions of rational authority. A reading of Ibsen's A Doll's House illustrates how this conception of the ideal of autonomy misrepresents the reality of individuals' lived experiences and imposes a gendered identity which subordinates women to a masculine narcissism. In Ibsen's play (...) the woman, as a doll confined to home, remains dependent on an autonomous man. It would seem that men in modern philosophy could see only their own image as rational agents reflected in their ethics; but, in fact, this position is self-defeating. The recognition of our contingencies and so, vulnerability, motivated Kant himself to try to make the moral realm secure with something necessarily common to all human beings: our capacity to reason. The unwitting upshot of Kant's ethics has been the restriction of reason to a purely formal function; but this autonomy of reason undermines itself in being unable to guide the writing of the rational agent's own life. I propose instead to preserve the capacities of moral rationality, while urging the incorporation of ethical practices previously devalued by their association with vulnerability, such as attention, affection and relationality. My philosophical challenge is, first, to develop an internal critique of ethics which exposes its authoritative imposition of a gender identity and, next, to propose a revised conception of autonomy, namely, not just writing our own story, but reading the stories in which we find ourselves. (shrink)

Kant claims that autonomy is possible only if the law that determines the will disregards any incentive grounded in the natural world. Here I develop and defend an alternative notion of autonomy, drawn from the ancient eudaimonists, on which practical reason is grounded in our interest in living well. This allows eudaimonism a conception of the autonomy of the will in which (like Kant’s) the will is the source of its own laws, but in which (unlike Kant’s) (...) it has an object that is thoroughly situated in the empirical world. (shrink)

Conceptions of individual autonomy and of rational autonomy have played large parts in twentieth century moral philosophy, yet it is hard to see how either could be basic to morality. Kant's conception of autonomy is radically different. He predicated autonomy neither of individual selves nor of processes of choosing, but of principles of action. Principles of action are Kantianly autonomous only if they are law-like in form and could be universal in scope; they are heteronomous if, (...) although law-like in form, they cannot have universal scope. Puzzles about claims linking morality, reason and autonomy are greatly reduced by recognising the distinctiveness of Kantian autonomy. (shrink)

Conceptions of individual autonomy and of rational autonomy have played large parts in twentieth century moral philosophy, yet it is hard to see how either could be basic to morality. Kant's conception of autonomy is radically different. He predicated autonomy neither of individual selves nor of processes of choosing, but of principles of action. Principles of action are Kantianly autonomous only if they are law-like in form and could be universal in scope; they are heteronomous if, (...) although law-like in form, they cannot have universal scope. Puzzles about claims linking morality, reason and autonomy are greatly reduced by recognising the distinctiveness of Kantian autonomy. (shrink)

This paper aims to critique the phenomenon of advanced patient autonomy and choice in healthcare within the specific context of self-testing devices. A growing number of self-testing medical devices are currently available for home use. The premise underpinning many of these devices is that they assist individuals to be more autonomous in the assessment and management of their health. Increased patient autonomy is assumed to be a good thing. We take issue with this assumption and argue that self-testing (...) provides a specific example how increased patient autonomy and choice within healthcare might not best serve the patient population. We propose that current interpretations of autonomy in healthcare are based on negative accounts of liberty to the detriment of a more relational understanding. We also propose that Kantian philosophy is often applied to the healthcare arena in an inappropriate manner. We draw on the philosophical literature and examples from the self-testing process to support these claims. We conclude by offering an alternative account of autonomy based on the interrelated concepts of relationality, care and responsibility. (shrink)

Employed professionals (e.g., accountants or engineers)-and those who study them-sometimes claim that their status as employeesdenies them the “autonomy” necessary to be “true professionals.” Is this a conceptual claim or an empirical claim? How might it be proved or disproved? This paper draws on recent work on autonomy to try to answer these questions. In the course of doing that, it identifies three literatures concerned with autonomy and suggests an approach bringing them together in a way likely (...) to be useful both to philosophers interested in the concept and to social scientists interested in studying autonomy in the workplace. (shrink)

Autonomy, self-determination, self-affirmation, emancipation: all these words refer to an ideal that orients the way in which our contemporary culture speaks about many moral and political problems. The importance of this ideal for us can be seen in the way we accept as obvious a number of ideas that follow from it. Most of us would certainly tend to accept that no universally valid answer can be given to the question of what kind of human life is truly meaningful (...) or valuable and that, because of this, people should be granted as much freedom as possible to pursue a life that best corresponds with their own personal tastes and preferences. Many would go a step further and claim that people should also be encouraged to live as much as possible according to what they have themselves chosen, and that they should give up traditional forms of life and role patterns.One aspect of this cult of individual freedom or autonomy is the idea that we should develop a critical attitude towards anything established, accepted or traditional: every form of power or authority, prevailing moral norms and educational customs, traditional role patterns, etc. A further feature of this is the tendency to describe any improvement in the fortunes of the weak, the vulnerable and the less well off as an ‘emancipation’. The idea that the poor, the handicapped and the elderly should receive more support, assistance, respect and attention is translated by the assertion that they, too, should be ‘liberated’.The ideals that we associate with words like ‘emancipation’ or ‘self-affirmation’ were at one time innovative and revolutionary, but they gradually became established as accepted ways of thinking and thus became part of a new common sense. Nowadays, anyone wanting to be provocative will attain their goal more easily by scoffing at everything falling under the rubric of emancipation than by speaking out in its defence.This fact is characteristic of an ambiguity in our culture. While the ideals of self-affirmation and emancipation enjoy enormous popularity, in certain intellectual circles they are treated with suspicion. At stake here is the general image of humanity associated with these ideals. Thinkers such as Wittgenstein, Heidegger, Lacan, Derrida or Baudrillard have, each in their own way, attacked the idea of the autonomous subject and stressed that people’s most intimate thoughts and desires are determined by something that transcends them: by the language they speak or the culture to which they belong.Rejecting the idea of the autonomous subject is usually one aspect of a more general critique of ideas inherited from the Enlightenment. The question whether and to what extent this critique is justified occupies a central position in many contemporary philosophical discussions, and much of what goes on in contemporary philosophy can be described in terms of the opposition between those who would defend Enlightenment ideals and those who would reject or cast doubt on those ideals.What I would like to discuss here undoubtedly fits into a framework that could be called ‘antiliberal’ or ‘anti-humanist’. However, it is certainly not my intention to criticize humanism or liberalism directly and systematically. (shrink)

Individuals’ food choices are intimately connected to their self-images and world views. Some dietary choices adopted by consumers pose restrictions on their use of genetically modified food (GMF). It is quite generally agreed that some kind of labeling is necessary for respecting consumers’ autonomy of choice regarding GMF. In this paper, we ask whether the current practice of mandatory labeling of GMF products in the European Union is a sufficient administrative procedure for respecting consumers’ autonomy. Three issues concerning (...) this question are discussed. First, we argue that labeling needs to be accompanied by relevant and understandable information on genetic modification, genetically modified food, and the European practice of GMF labeling. Second, we claim that this type of informing makes it less likely that consumers start to avoid GMF products just because labels make them suspicious of the products. It is further noted that even though some consumers may react to labels this way, labels do not restrict their autonomy of choice. Third, a need for more precise labels indicating the source of the transferred gene is considered. It is found out that such labels are not morally necessary when also non-GMF products are available and no relevant differences (such as differences in price and healthiness) exist between them and GMF products. However, in some other cases more precise labels may be needed for respecting consumers’ autonomy of choice. (shrink)

Employed professionals (e.g., accountants or engineers)-and those who study them-sometimes claim that their status as employeesdenies them the “autonomy” necessary to be “true professionals.” Is this a conceptual claim or an empirical claim? How might it be proved or disproved? This paper draws on recent work on autonomy to try to answer these questions. In the course of doing that, it identifies three literatures concerned with autonomy and suggests an approach bringing them together in a way likely (...) to be useful both to philosophers interested in the concept and to social scientists interested in studying autonomy in the workplace. (shrink)

In my response to Golash I distinguish between two steps in my original argument. The first relates to the special value of conjugal (two-person) love relationships. I defend this step against criticisms, arguing that the two-person relationship provides a form of recognition that is of special importance to us and cannot be found in other sorts of relationship. The two-person relationship is one that, at least as private individuals, we have special reason to pursue. The second step concerns the claim (...) that the special value of such relationships tends to promote the autonomy of those who have them. It is this second step that is important for the argument that a liberal state – one, at any rate, that takes itself to be in the business of safeguarding the pre-conditions of autonomy – could have reason to favour marriage or some form of civic partnership over other forms of intimate adult tie. However, I admit that Golash puts forward plausible – if anecdotal – arguments against this second step. I therefore agree that I need to be more tentative about this step than I was in the original paper. (shrink)

Within Kantian ethics and Kant scholarship, it is widely assumed that autonomy consists in the self-legislation of the principle of morality. In this paper, we challenge this view on both textual and philosophical grounds. We argue that Kant never unequivocally claims that the Moral Law is self-legislated and that he is not philosophically committed to this claim by his overall conception of morality. Instead, the idea of autonomy concerns only substantive moral laws, such as the law that one (...) ought not to lie. We argue that autonomy, thus understood, does not have the paradoxical features widely associated with it. Rather, our account highlights a theoretical option that has been neglected in the current debate on whether Kant is best interpreted as a realist or a constructivist, namely that the Moral Law is an a priori principle of pure practical reason that neither requires nor admits of being grounded in anything else. (shrink)

The ideal of personal autonomy faces a challenge from advocates of orthonomy, who think good government should displace self-government. These critics claim that autonomy is an arbitrary kind of psychological harmony and that we should instead concentrate on ensuring our motivations and deliberations are responsive to reasons. This paper recasts these objections as part of an intramural debate between approaches to autonomy that accept or reject the requirement for robust rational capacities. It argues that autonomy depends (...) upon such responsiveness to reasons, countering objections that ‘externalist’ rationalist criteria strip the self from self-government. (shrink)

Aesthetic autonomy has been given a variety of interpretations, which in many cases involve a number of claims. Key among them are: (i) art eludes conventional conceptual frameworks and their inherent incompatibility with invention and creativity; and (ii) art can communicate aspects of experience too fine‐grained for discursive language. To accommodate such claims one can adopt either a convention‐based account or a natural‐kind account. A natural‐kind theory can explain the first but requires some special scaffolding in order to support (...) the second, while a convention‐based account accommodates the second but is incompatible with the first. Theodor W. Adorno attempts to incorporate both claims within his aesthetic theory, but arguably in his aesthetic theory each is cancelled out by the other. Art’s independence of entrenched conceptual frameworks needs to be made compatible with its communicative role. Jürgen Habermas, in contrast, provides a solution by way of his theory of language. I draw upon the art practice of the contemporary Icelandic‐Danish artist Olafur Eliasson in order to demonstrate this. (shrink)

In the ambit of the debate on “personal autonomy”, we propose to intend “personal autonomy” in a social sense. We undertake this move because we think that autonomy is compatible with socialization and we’ll give reasons for this claim. Moreover, we must consider the role of the wide variety of informational sources we are exposed to, which influence our behavior. Social background represents the ontological ground from which we develop the capacity for autonomy; at the same (...) time, interaction with others (real or virtual) enlarges the possibility for autonomous judgements. Our attempt is, first, to try to sketch a social notion of personal autonomy and, second, to elucidate the connection between autonomy and the exposition to informational and social diversity. -/- . (shrink)

Pauline Kleingeld and Marcus Willaschek, in a co-authored article, declare that their purportedly new interpretation of Immanuel Kant's writings on autonomy reveals that his moral philosophy is neither realist nor constructivist. However, as I explain here, John Rawls already occupies the area of intellectual territory to which Kleingeld and Willaschek attempt to lay claim: Rawls interprets Kant's moral philosophy as neither realist, as Kleingeld and Willaschek evidently construe this term, nor constructivist, as they evidently construe this term. Contra Kleingeld (...) and Willaschek, the moral constructivism attributed to Kant by Rawls is not voluntarist, and Rawls's account of Kant's concept of autonomy is not paradoxical. In order to understand autonomy, it is necessary to understand Kant's complex conception of the will, which structures his moral philosophy (as Rawls, unlike Kleingeld and Willaschek, explains). Rawls, like Kant, but unlike Kleingeld and Willaschek, clearly distinguishes between certain importantly different questions about normativity and obligation. Kant's moral philosophy, according to Rawls's insightful interpretation, is a form of objective moral constructivism. (shrink)

Responding to criticism by Gordon Sollars and Frank Englander, this paper highlights a significant tension in recent debates over the ethics of global supply chains. This tension concerns the appropriate focus and normative frame for these debates. My first goal is to make sense of what at first reading seems to be a very odd set of claims: that valuing free, autonomous, and respectful markets entails a “fetish for philosophical purity” that is inconsistent with a moral theory that finds no (...) wrong in harming workers, including the least advantaged among them. Sollars and Englander reach these conclusions, I believe, because their criticism assumes and relies upon the presumption of a global prioritarian frame, one which focuses individual welfare, and which they then apply at the level of individual political and economic actors. Much of Benjamin Powell and Matt Zwolinski’s work, I continue, including their criticism of political and economic activism and Powell’s indictment of organized labor, relies on a similar frame—while expanding the harms to include the freedom and autonomy of would-be sweatshop workers. This prioritarian frame, I argue, is particularly poorly suited to discussion of the ethical responsibilities of individual economic and political actors. We ought to reject it. To make progress on debates over global sweatshops, and the ethics of global supply chains in general, we need a better frame, and better standards of freedom and autonomy, than those invoked by many prominent defenders of sweatshops. (shrink)