A clarification of ambiguities in the notion of free decision. Concentrating on ordinary English usage, Ofstad distinguishes six senses of free decision. One of these, freedom as power, is exhaustively treated. A skillful attempt is made to relate the analyses of free decision, which form the bulk of the book, to the concepts of duty, responsibility, and the author's own ethical position. One helpful appendix lists and indexes all propositions concerning freedom of decision as (...) it is analysed throughout the book. --E. S. C. (shrink)

Five studies replicate and extend recent experimental findings on a divergence between theoretical and subjectively-experienced decision freedom. While conditions like conflict, uncertainty, or com...

Recently, John Fischer has applied Frankfurt’s well-known counter-example to the principle of alternate possibilities to refute the traditional libertarian position which holds that a necessary condition for an agent’s decision (choice) to be free in the sense of freedom required for moral responsibility is that the decision not be causally determined, and that the agent could have avoided making it. Fischer’s argument has consequently led various philosophers to develop libertarian accounts of freedom which try to dispense (...) with the avoidability constraint on freedom. My purpose in this article is to show that Fischer’s attack on traditional libertarianism fails, and, therefore, it is premature to abandon that position. (shrink)

This chapter considers the establishment freedom, concentrating on three aspects where recent European Court of Justice decisions have appeared to enlarge its scope but have also left unsolved questions on particular aspects. First, it looks at the nature of the establishment freedom, distinguishing it from the other freedoms, in particular the right to provide services and free movement of capital. Second, the chapter examines who are the beneficiaries of the right of establishment and, in particular, the position of (...) legal persons, companies, where harmonization of member states' company laws has achieved results but has not solved all problems. Finally, it addresses the question of which parties are obliged by the treaty to respect the right of establishment and considers a 2007 judgment, Viking, which, with the Laval decision concerning services, caused much criticism. (shrink)

Ethicists, regulators and researchers have struggled with the question of whether incidental findings in genomics studies should be disclosed to participants. In the ethical debate, a general consensus is that disclosed information should benefit participants. However, there is no agreement that genetic information will benefit participants, rather it may cause problems such as anxiety. One could get past this disagreement about disclosure of incidental findings by letting participants express their preferences in the consent form. We argue that this freedom (...) of choice is problematic. In transferring the decision to participants, it is assumed that participants will understand what they decide about and that they will express what they truly want. However, psychological findings about people's reaction to probabilities and risk have been shown to involve both cognitive and emotional challenges. People change their attitude to risk depending on what is at stake. Their mood affects judgments and choices, and they over- and underestimate probabilities depending on whether they are low or high. Moreover, different framing of the options can steer people to a specific choice. Although it seems attractive to let participants express their preferences to incidental findings in the consent form, it is uncertain if this choice enables people to express what they truly prefer. In order to better understand the participants' preferences, we argue that future empirical work needs to confront the participant with the complexity of the uncertainty and the trade-offs that are connected with the uncertain predictive value of genetic risk information. (shrink)

Stuart Hampshire's essay on human freedom offers an important analysis of concepts surrounding the central idea of intentional action. The author contrasts the powers of animals and of inanimate things; examines the relation between power and action; and distinguishes between two kinds of self-knowledge. Explaining human freedom by means of this distinction, he focuses his attention on self-knowledge gained by introspection. He writes: "...an individual who acquires more systematic knowledge of the causes of states of mind, emotion, and (...) desires, insofar as these are not the outcome of his decision, thereby becomes more free than he previously was to control and direct his own life:...there will in general be a closer correlation between that which he sets himself to do and that which he actually achieves in his life." In a postscript on determinism and psychological explanation, the author provides a detailed account of some of the ways in which explanation of states of mind differs from explanation of physical states. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

THOMAS SCHELLING taught us that in ordinary human affairs, conflict and common interest are ubiquitously intertwined. For when it comes to variety, the occasion of pure conflict (known to some of its friends as the zerosum game) is as under-represented in human affairs as the occasion of undiluted common interest (known as the pure coordination game). The undiluted extremes are the exceptions, when it comes to counting kinds, while the mixed-motive kind of occasion is the rule. Things look a bit (...) different, however, when one looks at sheer numbers of true-life occasions, as I will explain. Schelling also taught us that in the diverse space of mixed-motive affairs, intermediate between pure conflict and pure coordination, there is more true-life collaborative behavior—more trustings and promise-keepings—than our prescriptive decision theories can accommodate, never mind explain. This collaborative behavior, as long ago another Thomas—Thomas Hobbes—was painfully aware, requires some explaining precisely because of the presence of ineliminable conflict of interest. The problem confronting those who aspire to explain such collaboration is to identify weighty motivations in its favor, in the face of the weighty, but countervailing motivations. What shall concern me here is not the collaboration that transpires in the face of conflict of interest, but the success which meets us more than halfway in those limiting cases of pure coordination, so as (for example) not to collide in roadways and corridors. For in sheer quantity, the occasions for pure coordination outnumber the occasions for anything else perhaps a hundredfold. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for (...) indirect democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, (...) intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years. (shrink)

While abortion has been legal in most developed countries for many years, the topic remains controversial. A major area of controversy concerns women’s rights vis-a-vis the rights of health professionals to opt out of providing the service on conscience grounds. Although scholars from various disciplines have addressed this issue in the literature, there is a lack of empirical research on the topic. This paper provides a documentary analysis of three examples of conscientious objection on religious grounds to performing abortion-related care (...) by midwives in different Member States of the European Union, two of which have resulted in legal action. These examples show that as well as the laws of the respective countries and the European Union, professional and church law each played a part in the decisions made. However, support from both professional and religious sources was inconsistent both within and between the examples. The authors conclude that there is a need for clear guidelines at both local and pan-European level for health professionals and recommend a European-wide forum to develop and test them. (shrink)

Professor Roy Harris criticises me for ignoring freedom of speech in order to focus on 'soft' issues, such as game theory, decision theory and chaos theory. In this response, I accept most of his arguments relating to freedom of speech, but argue that, in order to develop better systems of education, we need to pay more attention to the circumstances in which that freedom can be exercised than Harris admits.

Philosophy & Social Criticism, Volume 48, Issue 4, Page 580-589, May 2022. Women and girls in contemporary Arab societies suffer from various and intersecting forms of discrimination that deny them their enjoyment of fundamental human rights. The right to freedom of expression is one of the essential areas that may expose this gender-based discrimination and patriarchal attitudes. In many contexts, freedom of expression has enabled women to speak out and organize in civil, political, social, economic and cultural spheres (...) and contexts; participate in their own emancipation and improve their status. Women’s exercise of freedom of expression has also provided them with new rights such as the right to vote, the right to control their own bodies, the right to join unions and the right to equality before the law and to participate in decision-making and hold governments to account. In the last decade, we have witnessed different attacks on women’s rights particularly their right to the freedom of expression, as scholars, journalists, social media users, human rights defenders, politicians and activists. The aim of this article is to explore emerging challenges and to highlight the struggle of Arab women for freedom of expression. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 580-589, May 2022. Women and girls in contemporary Arab societies suffer from various and intersecting forms of discrimination that deny them their enjoyment of fundamental human rights. The right to freedom of expression is one of the essential areas that may expose this gender-based discrimination and patriarchal attitudes. In many contexts, freedom of expression has enabled women to speak out and organize in civil, political, social, economic and cultural spheres (...) and contexts; participate in their own emancipation and improve their status. Women’s exercise of freedom of expression has also provided them with new rights such as the right to vote, the right to control their own bodies, the right to join unions and the right to equality before the law and to participate in decision-making and hold governments to account. In the last decade, we have witnessed different attacks on women’s rights particularly their right to the freedom of expression, as scholars, journalists, social media users, human rights defenders, politicians and activists. The aim of this article is to explore emerging challenges and to highlight the struggle of Arab women for freedom of expression. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 580-589, May 2022. Women and girls in contemporary Arab societies suffer from various and intersecting forms of discrimination that deny them their enjoyment of fundamental human rights. The right to freedom of expression is one of the essential areas that may expose this gender-based discrimination and patriarchal attitudes. In many contexts, freedom of expression has enabled women to speak out and organize in civil, political, social, economic and cultural spheres (...) and contexts; participate in their own emancipation and improve their status. Women’s exercise of freedom of expression has also provided them with new rights such as the right to vote, the right to control their own bodies, the right to join unions and the right to equality before the law and to participate in decision-making and hold governments to account. In the last decade, we have witnessed different attacks on women’s rights particularly their right to the freedom of expression, as scholars, journalists, social media users, human rights defenders, politicians and activists. The aim of this article is to explore emerging challenges and to highlight the struggle of Arab women for freedom of expression. (shrink)

This thesis is an investigation into free will, and the role of alternative possibilities. I defend an incompatibilist notion of freedom, but argue that such freedom is not exercised in all cases of decision-making. I begin by considering the debate surrounding Harry Frankfurt’s famous argument that alternative possibilities are irrelevant to freedom. I argue that the main disagreement can be best understood by considering the dispute surrounding the 'Flicker-of-Freedom' objection, which contends that there are still (...) alternatives left open in Frankfurt's example. Compatibilists have argued that any such alternatives are outside the agent’s voluntary control and hence irrelevant. But the arguments for this conclusion commit the compatibilist to the more general claim that volitions are not within agents' voluntary control, and incompatibilism is generally motivated by a rejection this claim - so if we could support this claim, we would refute incompatibilism without appealing to Frankfurt’s argument. This disagreement about whether volitions are within agents' voluntary control has not received much attention in recent years, despite figuring implicitly in the debate. But in previous centuries, this figured explicitly as the main focus. I consider the historical debate, started by the famous dispute between Hobbes and Bramhall, and continuing throughout the eighteenth century. Although the libertarian position better captures our ordinary conception of freedom, compatibilists argue that it introduces freedom-undermining irrationality, and randomness of the sort that is either unhelpful or incoherent. Whilst for many cases of decision-making, these challenges are justified, they are not justified in cases involving a particular kind of reasons conflict. I argue that decisions are free in cases of this sort, but we cannot have incompatibilist freedom more generally. However, I also argue that these are the most important cases, given the nature of our concerns about freedom. By restricting the domain of incompatibilist freedom to just these cases, we can avoid introducing irrationality, or randomness of the sort that has made incompatibilism seem incoherent, whilst preserving the incompatibilist's intuition that an important sense of freedom rests on alternative possibilities. (shrink)

Doctor Farrer discusses the Libertarian-Determinist controversy in terms of mind and body, speech and conduct, nature and spirit, and responsibility and value. It should be of interest to philosophers from both schools of thought.

Is our judgement of the truth-value of propositions subject to the will? Do we have any voluntary control over the formation of our beliefs – and if so, how does it compare with the control we have over our actions? These questions lead into interestingly unclear philosophical and psychological territory which remains a focus of debate today. I will first examine the classic early modern discussions in Descartes, Spinoza and Hume. Then I will review some relevant themes in Kant, including (...) some lesser-known material from his lectures on ‘Logic’. Kant’s critical philosophy makes important appeal to the notion of ‘spontaneity’ or mental activity, but I argue that there are five different kinds of spontaneity in Kant which need distinguishing. I hope thus to achieve some clarification of the differences between theoretical judgements and practical decisions. (shrink)

In Rescuing Justice and Equality, G.A. Cohen argues that the incentive inequalities permitted by John Rawls's difference principle are unjust since people cannot justify them to their fellow citizens. I argue that citizens of a Rawlsian society can justify their acceptance of a wide range of incentive inequalities to their fellow citizens. They can do so because they possess the right to freedom of occupational choice, and are permitted – as a matter of justice – to exercise this right (...) by making occupational decisions on the basis of a wide range of values and preferences. (shrink)

This article re-examines the distinction between the libertarian approach and the egalitarian approach to the regulation of campaign finance. The conventional approach (as exemplified by the work of Owen Fiss and Ronald Dworkin) is to reconcile the competing values of liberty and equality. By contrast, this article advances the normative claim that democracies should seek to incorporate both the libertarian and the egalitarian approaches within constitutional law. I argue that instead of emphasizing one value over the other, the ideal position (...) is one that simultaneously recognizes the values of liberty and equality despite the irreconcilable tension between them. Rather than choosing one value over the other, or reconciling these values by redefining them, I claim that it is vital to maintain the tension between liberty and equality by instantiating the conflict in law. Democracy is better served when the law contains an explicit tension between these foundational values.After setting forth this normative framework, I then apply it to the campaign finance decisions of the Supreme Courts of the United States and Canada, respectively. I make two main claims. First, I argue that although the libertarian/egalitarian distinction is usually presented as a binary choice, the laws of a given jurisdiction often simultaneously display both libertarian and egalitarian characteristics. For this reason, I claim that the libertarian/egalitarian distinction is better conceived of as a “libertarian-egalitarian spectrum.” Second, I argue that in recent years, the U.S. Supreme Court and the Supreme Court of Canada, respectively, have privileged one value—liberty or equality—at the expense of the other. The U.S. Supreme Court has over-emphasized the value of liberty (most notably in itsCitizens Uniteddecision), with the result that political equality is markedly undermined. By the same token, the Supreme Court of Canada’s commitment to equality has become too one-sided in recent cases (HarperandBryan), with the result that there are significant impairments to free speech liberties. I argue that both of these approaches are detrimental to democratic participation and governance. Finally, this article offers a preliminary proposal for how courts and legislatures can allow for the conflict between liberty and equality to be instantiated in law. (shrink)

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in (...) general, is determined by the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

Libertarian treatments of free will face the objection that an uncaused human decision would lack full explanation, and hence violate the principle of sufficient reason. It is argued that this difficulty can be overcome if God, as creator, wills that I decide as I do, since my decision could then be explained in terms of his will, which must be for the best. It is further argued that this view does not make God the author of evil in (...) any damaging sense. Neither does it impugn my freedom. God’s creative activity does not put in place any secondary causes that determine my decision; and his will does not stand as an independent determining condition either, since it is fully expressed in my decision alone. (shrink)

(2005). Freedom in Responsibility: On the Relevance of “Sin” As a Hermeneutic Guiding Principle in Bioethical Decision Making. Christian Bioethics: Vol. 11, No. 2, pp. 147-165.

This paper introduces considerations about constraints in the construction of measures of an agent's freedom. It starts with motivating the exercise from both the philosophical and the informational point of view. Then it presents two rankings of opportunity sets based on information about the extent of options and the constraints that a decision maker faces. The first ranking measures freedom as variety of choice; the second as non-restrictedness in choice.

This article clarifies how the freedom of thought as a human right can be understood and promoted as a right of mental health service users, especially people with psychotic disorder, by using Martha Nussbaum’s capabilities approach and Fulford’s and Fulford et al ’s values-based practice. According to Nussbaum, freedom of thought seems to primarily protect the capability to think, believe and feel. This capability can be promoted in the context of mental health services by values-based practice. The article (...) points out that both Nussbaum’s approach and values-based practice recognise that people’s values differ. The idea of involving different actors and service users in mental healthcare is also common in both Nussbaum’s approach and values-based practice. However, there are also differences in that values-based practice relies on a ‘good process’ in decision-making, whereas the capabilities approach is oriented towards a ‘right outcome’. However, since process and outcome are linked with each other, these two approaches do not necessarily conflict despite this difference. The article suggests that absolute rights are possible within the two approaches. It also recognises that the capabilities approach, values-based practice and human rights approach lean on liberal values and thus can be combined at least in liberal societies. (shrink)

This article clarifies how the freedom of thought as a human right can be understood and promoted as a right of mental health service users, especially people with psychotic disorder, by using Martha Nussbaum’s capabilities approach and Fulford’s and Fulford _et al_’s values-based practice. According to Nussbaum, freedom of thought seems to primarily protect the capability to think, believe and feel. This capability can be promoted in the context of mental health services by values-based practice. The article points (...) out that both Nussbaum’s approach and values-based practice recognise that people’s values differ. The idea of involving different actors and service users in mental healthcare is also common in both Nussbaum’s approach and values-based practice. However, there are also differences in that values-based practice relies on a ‘good process’ in decision-making, whereas the capabilities approach is oriented towards a ‘right outcome’. However, since process and outcome are linked with each other, these two approaches do not necessarily conflict despite this difference. The article suggests that absolute rights are possible within the two approaches. It also recognises that the capabilities approach, values-based practice and human rights approach lean on liberal values and thus can be combined at least in liberal societies. (shrink)

A slightly expanded version of the De Carle Lectures delivered in 1964. The general program of this essay is to defend the autonomy of certain aspects of first person intentional discourse on the ground that they have a normative element and are thus irreplaceable by scientific explanations of human conduct and mental processes, whatever course these explanations may take. The first chapter distinguishes two kinds of possibility, one of which is human capability or power conceptually connected to the notion of (...) wanting or willing. The second chapter discusses the concept of desire. The third chapter distinguishes two kinds of knowledge, knowledge of the natural order justified by observation and inductive reasoning, and knowledge of my future actions whose source is intention or decision. This essay is clearer and more concise than the author's Thought and Action.—R. S. (shrink)

Libertarian treatments of free will face the objection that an uncaused human decision would lack full explanation, and hence violate the principle of sufficient reason. It is argued that this difficulty can be overcome if God, as creator, wills that I decide as I do, since my decision could then be explained in terms of his will, which must be for the best. It is further argued that this view does not make God the author of evil in (...) any damaging sense. Neither does it impugn my freedom. God’s creative activity does not put in place any secondary causes that determine my decision; and his will does not stand as an independent determining condition either, since it is fully expressed in my decision alone. (shrink)

Recent Supreme Court decisions have established second tier protection for commercial speech under the First Amendment by according it some, but not all, of the protections accorded ideological speech. The Court''s arguments closely parallel John Staurt Mill''s utilitarian arguments about liberty, liberty-limiting principles and trade in his classic essay,On Liberty, and hence are subject to the same defects as any utilitarian analysis and justification of a right. Recent philosophical apologies for the Court''s bifurcated approach to free speech are unpersuasive. Commercial (...) speech protects fundamental interests. There are important connections between freedom of commercial speech and political and personal autonomy. It is possible to extend full protection to commercial speech, while simultaneously minimizing its potential for abuse. Such considerations provide compelling arguments for taking the right to freedom of commercial communication seriously by according it full First Amendment protection and by restricting it only when competing and over-riding rights claims, or weightier considerations of justice, can be adduced. (shrink)

To ban or significantly restrict visitors for patients in hospital could seem to be simply a sensible and easy precaution to take during a pandemic: a policy that is unpopular, perhaps, and even unfortunate, but not something that wrongs anyone. However, I argue that in fact such restrictions on visitors infringe upon a fundamental right, to freedom of association. While there may still be permissible restrictions on visitors, making the case for these becomes highly demanding. One common way to (...) understand the purpose of the fundamental liberties is as protecting us from interference in a core set of freedoms, even when such interference would be to our benefit or would promote the general good. This reframing of the importance of visitors in terms of a right also has implications for how to run hospitals beyond the pandemic era: it supports a rapid expansion of visitor access and suggests that any decision to significantly restrict visitors ought not be left in the hospital, or hospital trust’s, hands. (shrink)

Both adults’ habits-of-thought and their understanding of children’s stories shape how adults interpret children’s participation in conversations. In the light of the requests on children’s rights that follow from the Convention on the Rights of the Child (CRC) this paper stresses the relevance of authorities having semiotically informed knowledge on children’s meaning-making within conversations with adults. In Article 12, the CRC stipulates the right of children to participate in and to be heard about decisions that affect their everyday lives. According (...) to the same Article, however, these rights can be restrained, based on the authority’s judgements of the child’s age and maturity. Sociological studies have highlighted the importance of adopting the child’s perspective in judging matters that concern her. The present paper further suggests that narrow conceptualization of the sign can help one to observe different levels of meaning in adults’ and children’s conversations better. Although Paul Ricoeur did not investigate children’s narratives per se, his theory of narratives and narrativity offers a phenomenological approach to development that allows for better theoretical discriminations of narrative as a semiotic resource, and can thus assist adults in truly listening to children. (shrink)

In the Preface to the Discourses Machiavelli laments that the greatness of the ancients is “rather admired than imitated” by his contemporaries and expresses the belief that recurring to past examples would be most beneficial to those interested in “ordering republics, maintaining states, governing kingdoms, ordering the military and administering war, judging subjects, and increasing empire” (D I 2.2). Machiavelli is indeed persuaded that the laws governing human nature are unchangeable, and that the ancients can be imitated, since the causes (...) for their actions and the reasons for their choices are the same that determine the conduct of the contemporaries. Thus, an analysis of Titus Livy’s work on the Roman republic might shed light on the weaknesses and strengths of existing governments and encourage men to the emulation of past greatness. More specifically, such an analysis would make clear that the greatness of Rome lied in that both the city and its citizens enjoyed a high level of freedom. In fact, the city had sovereign power over itself and other cities, rather than being ruled by others. Besides, no social group had enough power to overcome the others: people were able to foster their interests by participating in the civic life of the city and by protesting against those public decisions which they found contrary to their interests. But what did this freedom exactly consist in? In other words, does Machiavelli conceive freedom as non-interference, or rather as non-domination, by others? Moreover, does he consider participation and contestation as constitutive of liberty, or rather instrumental to it? In this paper, I will first present Philip Pettit’s account of three alternative conceptions of liberty and indicate which of them might have been endorsed by Machiavelli. I will then consider the issue of contestations and tumults and of their role within the polity. I will argue not only that Machiavelli endorses a republican view of freedom but also that, in contrast to Pettit, he maintains contestations and tumults to be instrumental to freedom, rather than constitutive of it. I will conclude by claiming that Machiavelli’s and Pettit’s different stance on the value of tumults and contestations reflects the kind of freedom as non-domination in which they are interested in. Pettit supports a more democratic form of republicanism, in which not only groups but also individuals must be able to contest given decisions. By contrast, Machiavelli endorses a republicanism in which power must be distributed among different political figures within a polity. Dissensions are seen as a means for one of these figures, i.e. the multitude, to raise its voice when its interests are damaged by public decisions. In Machiavelli’s view, the end to which a state should aim is to be great, for which it needs to be free only at the collective level. Different means might be employed in order to realise this aim. Tumults are just one of them: the one that made Rome a great city, worthy of being imitated. (shrink)

The issue of religious freedom while serving a sentence of imprisonment often occupies scientists from around the world. Basically, they agree that a prisoner, regardless of the act for which he or she has been convicted, has the right to religious freedom. Problems are posed, however, by the question of delimiting this freedom, especially at the level of the right to practise a chosen religion during prison isolation. The decisions of international tribunals and national courts are not (...) uniform owing to the generality of the rules governing this issue. The initial research question that we pose is this: how does society perceive the right to religious freedom in prisons? Does a convict have the right to demand respect for the rules of his or her religion regarding diet, clothes, appearance and participation in religious services? We look for answers to these questions in research conducted in Polish society, one that is confronted by international regulations. (shrink)

I argue that it can be morally permissible to coerce people into doing what is good for their own health. I discuss recent initiatives in New York City that are designed to take away certain unhealthy options from local citizens, and argue that this does not impose on them in unjustifiable ways. Good paternalistic measures are designed to promote people's long-term goals, and to prevent them from making short-term decisions that interfere with reaching those, and New York's attempts to ban (...) the sale of sugary drinks larger than 16 ounces and the use of trans fats fall within those parameters. Given our tendency to cognitive bias, we need help in making choices that truly instantiate our values. (shrink)

J'entreprends de défendre la conception leibnizienne de la liberté de la volonté selon laquelle on peut être libre sans que l'on n'ait le pouvoir causal de choisir autrement que l'on ne fait. La liberté d'indifférence en revanche est irrecevable et sort d'une analyse erronée de ce que c'est un pouvoir de décider hic et nunc. Un tel pouvoir est indiscernable d'avec la décision même. Par conséquent un recours à la liberté d'indifférence préconisé entre autres par Duns Scotus est à la (...) fois superflu et aporétique. (shrink)

BackgroundThe expectation of pandemic-induced severe resource shortages has prompted authorities to draft and update frameworks to guide clinical decision-making and patient triage. While these documents differ in scope, they share a utilitarian focus on the maximization of benefit. This utilitarian view necessarily marginalizes certain groups, in particular individuals with increased medical needs.Main bodyHere, we posit that engagement with the disability critique demands that we broaden our understandings of justice and fairness in clinical decision-making and patient triage. We propose (...) the capabilities theory, which recognizes that justice requires a range of positive capabilities/freedoms conducive to the achievement of meaningful life goals, as a means to do so. Informed by a disability rights critique of the clinical response to the pandemic, we offer direction for the construction of future clinical triage protocols which will avoid ableist biases by incorporating a broader apprehension of what it means to be human.ConclusionThe clinical pandemic response, codified across triage protocols, should embrace a form of justice which incorporates a vision of pluralistic human capabilities and a valuing of positive freedoms. (shrink)

ABSTRACTControl over information is essential to business. This has become increasingly true in an era in which technological advances have enabled the rapid globalization of business. This article explores the implications of this control of information for freedom of speech and information. Four different situations are considered: censorship of the Internet by search engines albeit at the direction of a government; restrictions on Internet content by Internet Services Providers acting on their own; decisions by retail businesses not to sell (...) various DVDs, CDs, etc. to their customers; and legal suits brought against individuals and groups by businesses seeking to prevent the further spread of information they deem injurious to their products or activities. The paper seeks to sort out the various rights and values involved in these cases, when a business may be justifiably said to be violating individuals' rights to freedom of information, and when customers and citizens do not have justified complaints against business decisions not to provide them with certain information products. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...) express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

The present study examines the influence of constrained autonomy and incentives on the experience of freedom in decision-making in everyday settings. We tested the prediction that both factors constitute independent influences on the experience of freedom against the alternative that an incentive might outbalance the influence of a constraint. The experimental setting incorporated a decision about whether to continue a psychological experiment. The choice set of the participant was either restricted or not and the tasks announced (...) were either attractive or unattractive. The results confirmed the original prediction by showing the primary effects of constraint and incentive on the experience of freedom in the decision. Additionally, positive affect completely mediated the effect of incentive, while constraint retained a significant direct effect. The study demonstrates the existence of differentiated influences on the experience of freedom, and illustrates the connections further re.. (shrink)