Communitarian writers argue that social identity is deeply important to individual autonomy and thus liberal societies have an obligation to recognize identity. Any liberal view that attempts to account for this charge must specify a procedure to recognize identity that also ensures that the liberal sense of autonomy is not weakened. In this article, I develop such an account. I argue that liberals must distinguish an identity that belongs to particular persons (particularized identity) from the collective form of that identity. (...) For instance, Naisha will have her own particularized way of being Indian in addition to the collective form of the culture that she shares with others. To determine which acts would be about recognizing the particularized form, I provide a counterfactual test. One major implication of the test is that special collective rights would not be endorsed. At the same time, the test is not equivalent to the liberal positions of insisting either that rights belong to individuals or that individuals are not harmed. Because identity is almost always viewed in terms of groups, valuing identity seems to be at odds with the principles of liberalism and democratic theory in which individual persons are the ultimate source of value. I show that there is a significant way to recognize identity that is harmonious with these principles. (shrink)

Introduction : the politics of our selves -- Foucault, subjectivity, and the enlightenment : a critical reappraisal -- The impurity of practical reason : power and autonomy in Foucault -- Dependency, subordination, and recognition : Butler on subjection -- Empowering the lifeworld? autonomy and power in Habermas -- Contextualizing critical theory -- Engendering critical theory.

I am embarrassed at being placed in the dizzying company of one of the truly great thinkers in the world. The similarities between Mill's ideas and mine partly reflect, of course, his influence on my thinking. But I also discuss some difficulties in taking Mill's whole theory without modification, since there are internal tensions within it. In a paper I published in 1967, I tried to discuss how Mill's willingness to hold on to some contrary positions depended on the nature (...) of his empirical reading of the world. I draw on that diagnosis in commenting on some of the articles here. There are some serious issues of misinterpretation in one of the articles, which I try to clarify. I also comment on Arrow's interpretation of what is involved in the idea of autonomy and on his own way of assessing freedom, and acknowledge the seriousness of the questions he raises about the value of freedom in normative political philosophy. (Published Online February 16 2006). (shrink)

In Democratic Authority, David Estlund 2008 presents a major new defense of democracy, called epistemic proceduralism. The theory claims that democracy exercises legitimate authority in virtue of possessing a modest epistemic power: its decisions are the product of procedures that tend to produce just laws at a better than chance rate, and better than any other type of government that is justifiable within the terms of public reason. The balance Estlund strikes between epistemic and non-epistemic justifications of democracy is open (...) to question, both for its neglect of the roles of non-epistemic values of equality and collective autonomy in democracy, and for the ways his use of the public reason standard overshadows empirically based epistemic arguments for democracy. Nevertheless, Estlund presents telling critiques of rival theories and develops a sophisticated alternative that illuminates some central normative features of democracy. (shrink)

Some theorists who accept the existence of global justice duties to alleviate the condition of distant needy strangers hold that these duties are significantly constrained by special ties to fellow countrymen. The patriotic priority thesis holds that morality requires the members of each nation-state to give priority to helping needy fellow compatriots over more needy distant strangers. Three arguments for constraint and patriotic priority are examined in this essay: an argument from fair play, one from coercion, another from coercion and (...) autonomy. Under scrutiny, none of these arguments qualifies as successful. (shrink)

Recognition plays a central role in international affairs and in moral and political theory. Hegel noted the connections between these two contexts, and this article explores Hegel's approach with reference to the work of two political philosophers (Honneth and Rawls) and debates in international law. The conclusion is that while recognition has a constitutive role in international affairs, it has a different role in moral and political theory: morality is the evaluative recognition of the significance of individual autonomy.

Why do most of us consider ourselves free but also believe there is little we can change in the way the world is run - individually, severally, or even collectively? Why has the growth of individual freedom coincided with the growth of collective impotence? Bauman argues that this condition hangs on the agora - the space where private and public meet to seek the creation of 'public good', a 'just society', or 'shared values'. The problem is that little remains of (...) such old style spaces. We cannot, he argues, overcome our collective impotence without resorting to politics and using the vehicle of political agency. Three orientation points for a reconstruction of politics are suggested: the republican model of the state and of citizenship, basic income as a universal entitlement, and re-enabling the institutions of autonomous society by catching up with the controlling extraterritorial powers in an age of globalization. (shrink)

The shift in Foucault’s work from genealogy to ethics finds consensus among Foucault scholars. However, the motivations behind this transition remain either misunderstood or understudied in large part. Foucault’s recently published or soon-to-be translated 1977/—9 lectures (published as Security, Territory, Population and as The Birth of Biopolitics) offer new elements for understanding this dense and uncharted period along Foucault’s itinerary. In this article, the author argues that Foucault’s interpretation of the liberal tradition, which is at the core of the 1977—9 (...) lectures, must be examined in combination with Foucault’s other major interests in the late 1970s, namely the Iranian Revolution and Kant. The discovery of spirituality (Iran), the valorization of an autonomous subject (Kant) and the call for a tolerant environment towards minority practices (liberalism) pave the way for the later Foucault’s ethics, which are grounded in spiritual exercises and means of liberating the subject. (shrink)

This paper begins with a critical part and concludes with a constructive part. First, with reference to a definition of liberalism and using immanent critique, I show deficiencies in the claims of four selfprofessed postliberals to have articulated non-liberal positions. Then, I argue that postliberal political theory consists in acknowledging that in political contexts some voluntary groups as such can be moral, not merely political, agents. Analysis of what moral autonomy is for persons as empirical (not noumenal) agents reveals that (...) that account can be transposed to some groups. A key common element among the four rejected positions is their emphasis on the normative authority of some practices as over against principles. My proposal congeals that normative emphasis on the social into group-moral authority. Recognition of some voluntary groups’ episodic moral authority over their members is non-liberal but not anti-liberal. (shrink)

This paper argues that a liberal state is justified in promoting relationships of conjugal love – the form of relationship that is the basis of the institution of marriage – on the grounds that they are essential to the development and maintenance of autonomy. A deep human need is that the detail of our lives be recognized (accepted, affirmed, granted importance) by others (or by an other). Autonomy can be compromised when this need is not met. So a state concerned (...) with autonomy ought to be concerned with relationships in which people can be given recognition. This argument justifies support for friendship as well as conjugal love; why is the latter particularly special? The answer is that in conjugal love partners value each other exclusively (i.e., in a way they do not value anyone else). Conjugal relations therefore recognise the uniqueness and individual value of a person's life in away that friendship does not. (shrink)

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A single global authority is not sufficient to regulate heterogenous agents in multiagent systems based on distributed architectures, due to idiosyncratic local situations and to the need to regulate new issues as soon as they arise. On the one hand institutions should be structured as normative systems with a hierarchy of authorities able to cope with the dynamics of local situations, but on the other hand higher authorities should be able to delimit the autonomy of lower authorities to issue valid (...) norms. In this paper, we study the interplay of obligations and strong permissions in the context of hierarchies of authorities using input/output logic, because its explicit norm base facilitates reasoning about norm base maintenance, and it covers a variety of conditional obligations and permissions. We combine the logic with constraints, priorities and hierarchies of authorities. In this setting, we observe that Makinson and van der Torre’s notion of prohibition immunity for permissions is no longer sufficient, and we introduce a new notion of permission as exception and a new distinction between static and dynamic norms. We show how strong permissions can dynamically change an institution by adding exceptions to obligations, provide an explicit representation of what is permitted to the subjects of the normative system and allow higher level authorities to limit the power of lower level authorities to change the normative system. (shrink)

Deliberative democracy defends an ideal of equality as political efficacy. Jorge Valadez offers a defense of such an ideal given cultural pluralism of ethnopolitical groups. He develops an epistemological account of the fact of pluralism as entailing incommensurable conceptual frameworks. While his account goes a long way towards identifying the problems with neutrality and many other liberal solutions to the problem of pluralism, it is still too liberal in certain ways. First, he draws the limits of deliberation and political inclusion (...) too narrowly, giving little role for the toleration of non-liberal groups and too great a role to autonomy in deliberation. Second, incommensurability overemphasizes the theoretical nature of cultural conflicts and the need for background agreements on certain political values and thus also underappreciates practical solutions that leave disagreements intact. Finally, the contemporary fact of pluralism is not limited to relations among distinct cultures in this way, but is far more multidimensional, given multiple political memberships and the mutual interdependence and intense interaction among widely dispersed groups. Key Words: cosmopolitanism • deliberation • democracy • pluralism • toleration. (shrink)

rgen Habermas' response to the European Union democratic deficit calls for a minimal threshold of democratic legislation through an explicit constitutional founding. He defends a model of freedom as autonomous self-determination by proposing to tie basic rights in the EU to a univocal form of European-wide popular sovereignty. Instead of constructing a common European political identity, I appeal to the novel democratic potential of institutions in the EU such as the Open Method of Coordination for mediating overlapping sovereignties in accord (...) with freedom as non-domination. The concluding example of basic rights to effective participation for immigrants and permanent minorities illustrates the strengths of Iris Young's and James Bohman's republican views of non-domination over Habermas' call for a European-wide collective willing. Key Words: James Bohman • democratic deficit • European Union • freedom • Jurgen Habermas • non-domination • Open Method of Coordination • republicanism • sovereignty • Iris Young. (shrink)

The libertarian view of freedom has attracted considerable attention in the past three decades. It has also been subjected to numerous criticisms regarding its nature and effects on society. G. A. Cohen''s recent book, Self-Ownership, Freedom and Equality, continues this attack by linking libertarian views on freedom to their view of self-ownership. This paper formulates and evaluates Cohen''s major arguments against libertarian freedom and self-ownership. It contends that his arguments against the libertarian rights definition of freedom are inadequate and need (...) modification. Similarly, Cohen''s defense of restrictions on self-ownership on behalf of autonomy are also found wanting. Finally, I argue that the thesis of self-ownership (whether in its full or partial version) ought to be rejected. (shrink)

Communitarians have argued against Millian individualism (ethical liberalism) by claiming that it leads to the compartmentalization of life, and thus inhibits virtue, that it causes alienation, and leads to what I call the problem of choice. Ethical liberals celebrate the free choice of a conception of the good life, but communitarians respond by posing a dilemma. Either the choice is made in reference to some given standard (a social or natural telos), in which case it is not free, or it (...) is made without reference to a standard, in which case it is arbitrary. This entails either ethical liberalism is false or it reduces to existentialism. I tackle each of these arguments in turn, showing that alienation is not any more of problem in liberal than in communitarian societies, and explain how virtues can fit between compartments in our lives. Regarding the problem of choice, I show that communitarians have assumed that justification must have a foundationalist structure. I show instead how a coherentist structure can allow for a person to begin with unchosen ends or with unchosen standards, but eventually arrive at a structure of ends (which constitute a vision of the good life) that is both freely chosen and rationally justified. This vindicates Millian individualism. (shrink)

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Liberal political theorists often argue that justice requires limits on policy outcomes, limits delineated by substantive rights. Distinct from this project is a body of literature dedicated to elaborating on the meaning of democracy in procedural terms. In this article, I offer an alternative to the traditional divide between procedural theories of democracy and substantive theories of justice; I call this the ‘value theory of democracy’. I argue that the democratic ideal is fundamentally about a core set of values (political (...) autonomy, equality of interests, and reciprocity) with both procedural and substantive implications. Further, I contend that limits on policy outcomes can be newly understood as part of the democratic ideal. Key Words: democracy • rights • substantive • procedural • Habermas. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

What does it mean to lead a moral life?In her first extended study of moral philosophy, Judith Butler offers a provocative outline for a new ethical practice—one responsive to the need for critical autonomy and grounded in a new sense of the human subject.Butler takes as her starting point one’s ability to answer the questions “What have I done?” and “What ought I to do?” She shows that these question can be answered only by asking a prior question, “Who is (...) this ‘I’ who is under an obligation to give an account of itself and to act in certain ways?” Because I find that I cannot give an account of myself without accounting for the social conditions under which I emerge, ethical reflection requires a turn to social theory.In three powerfully crafted and lucidly written chapters, Butler demonstrates how difficult it is to give an account of oneself, and how this lack of self-transparency and narratibility is crucial to an ethical understanding of the human. In brilliant dialogue with Adorno, Levinas, Foucault, and other thinkers, she eloquently argues the limits, possibilities, and dangers of contemporary ethical thought.Butler offers a critique of the moral self, arguing that the transparent, rational, and continuous ethical subject is an impossible construct that seeks to deny the specificity of what it is to be human. We can know ourselves only incompletely, and only in relation to a broader social world that has always preceded us and already shaped us in ways we cannot grasp. If inevitably we are partially opaque to ourselves, how can giving an account of ourselves define the ethical act? And doesn’t an ethical system that holds us impossibly accountable for full self-knowledge and self-consistency inflict a kind of psychic violence, leading to a culture of self-beratement and cruelty? How does the turn to social theory offer us a chance to understand the specifically social character of our own unknowingness about ourselves?In this invaluable book, by recasting ethics as a project in which being ethical means becoming critical of norms under which we are asked to act, but which we can never fully choose, Butler illuminates what it means for us as “fallible creatures” to create and share an ethics of vulnerability, humility, and ethical responsiveness. Judtith Butler is the Maxine Elliot Professor of Rhetoric and Comparative Literature at the University of California, Berkeley. The most recent of her books are Precarious Life: The Power of Mourning and Violence and Undoing Gender. (shrink)

Table of Contents: Politics, morality, and pluralism -- Liberal morality and political legitimacy -- Political legitimacy and social justice -- Williams's concept of the political -- Legitimacy, stability, and morality -- The politics of morality -- A moral point of view -- Manners and morality -- Morality and conflict -- Moral conflict and political theory -- The morality of politics -- Feminism and multiculturalism -- A defense of culture -- Politics and normative conflict -- The political as moral viewpoint -- (...) Morality and politics: a review -- Political unity and pluralism -- The liberal archipelago -- Loose linkage and political legitimacy -- Political unity and the body politic -- Social justice and political unity -- The bonds of civility -- Nationhood and the liberal polity -- The nature of nationhood -- Pluralism and nationalism -- Nationalism and social justice -- Deliberative democracy and the liberal polity -- Liberalism and democracy -- Democracy and deliberative discourse -- The terms of deliberative discourse -- Normative discourse and political legitimacy -- Deliberative democracy and intragroup politics -- Group autonomy and intergroup discourse -- Politics, history, and reason -- Principle and justice in the liberal polity -- Liberal institutions and liberal ideals -- Stopping history -- Rationalism and politics. (shrink)

Abstract: In this essay a set of principles is defended that yields a determinate allocation of sovereign competences across a global system of territorially nested jurisdictions. All local sovereign competences are constrained by a universal, justiciable human rights regime that also incorporates a conception of cross-border distributive justice and regulates the competence to control immigration for a given territory. Subject to human rights constraints, sovereign competences are allocated according to a conception of global democracy. The proposed allocation scheme can accommodate (...) substantial local autonomy while at the same time ensuring that everyone has a voice in the political decisions that affect his or her interests. The relevant class of affected interests is fully specified. Relevant affects are of two kinds: those that impose norms of governance on individuals, and those that impose external costs on them. The favored sense of "an external cost" is developed and defended. (shrink)

International borders concentrate opportunities in some societies while limiting them in others. Borders also prevent those in the less favored societies from gaining access to opportunities available in the more favored ones. Both distributive effects of borders are treated here within a comprehensive framework. I argue that each state should have broad discretion under international law to grant or deny entry to immigration seekers; but more favored countries that find themselves under immigration pressure should be legally obligated to fund development (...) assistance for countries that generate immigration pressure. Funding should be subject to conditions of fair and effective use in recipient countries, and should aim at a near-term target of immigration-pressure equilibrium. Equilibrium obtains between two countries when, given appropriate background circumstances, the same proportion of individuals in each manifests a preference to migrate to the other. If meeting the equilibrium target in the short term would be to the long-term disadvantage of the worst-off countries, then a Pareto-superior alternative target supersedes. It mandates development assistance at the level that yields the most favorable human development projections for the worstoff countries. An implementable set of institutions is described that can achieve the equilibrium goal in the long term without unduly sacrificing other important ends, including economic growth, political stability, cultural integrity, the political autonomy of distinct societies, and their proper accountability for policy choices. Key Words: global justice • immigration • borders • development • distributive justice • development assistance • equality • international law • cosmopolitanism. (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)

This paper explores why respondents to a telephone public-opinion survey often give reasons for answering as they do, even though reason-giving is neither required nor encouraged and it is difficult to see the reasons as attempts to deal with disagreement. We find that respondents give reasons for the policy claims they make in their answers three times as frequently as they give reasons for value or factual claims, that their reasons tend to involve appeals to personal experience, and that they (...) often talk about their thought processes, especially when the evidentiary stakes are high. We then explore several ways of explaining these findings. We suggest that one useful approach is to see the reason-giving in the survey interviews as deliberative, reflexive argumentation of the sort described as `critical thinking. We further suggest that the reason such argumentation is often conducted out loud in the interviews, rather than internally, is that it functions in the service of rhetorical ethos, in particular the need to display the fact that one is human, with human autonomy and agency. Doing this may be particularly important in contexts such as anonymous survey interviews in which people are at risk of being treated like machines. (shrink)

This is a follow up to my article on the Multilateral Agreement on Investment (MAI) in the May issue . That went to press a few weeks before the April 27 target date for signing of the MAI by the OECD countries. At the time, it was fairly clear that agreement would not be reached, and it was not—an important event, worth considering carefully. In part the failure resulted from internal disputes—for example, European objections to the U.S. federal system and (...) the extraterritorial reach of U.S. laws, concerns about maintaining some degree of cultural autonomy, and so on. But a much more significant problem was looming. It was becoming increasingly difficult to ensure that the rules of global order would continue to be “written by the lawyers and businessmen who plan to benefit” and “by governments taking advice and guidance from these lawyers and businessmen,” while “invariably, the thing missing is the public voice”—the Chicago Tribune’ s accurate description of the negotiations for the MAI, as well as ongoing efforts to “craft rules” for “global activity” in other domains without public interference. It was, in short, becoming more difficult to restrict awareness and engagement to sectors identified by the Clinton administration, with unusual and unintended clarity, as its “domestic constituencies”: the U.S. Council for International Business, which “advances the global interests of American business both at home and abroad,” and concentrations of private power generally—but crucially not Congress (which had not been informed, in violation of Constitutional requirements) and the general public, its voice stilled by a “veil of secrecy” that was maintained with impressive discipline during three years of intensive negotiations. (shrink)

In this article, I respond to Eric Nelson's claim (in "Liberty: One Concept Too Many?") that the most prominent versions of a positive concept of freedom all reduce to negative notions. I argue that in his otherwise scholarly and well-argued article, Nelson confuses a conceptual dispute with a normative one based on moral or political principle. Further I point out that the traditional critique of positive conceptions of liberty, which rests on skepticism about perfectionist conceptions of political value, is lost (...) if we see the debate in the way Nelson lays it out. When these issues are disentangled, I suggest that there is indeed conceptual space for uniquely "positive" conceptions of freedom, and I suggest that the idea of "autonomy " can be taken for such a notion and indeed represents a value worth taking seriously in current discussions of justice. (shrink)

It is both an ideal and an assumption of traditional conceptions of justice for liberal democracies that citizens are autonomous, self-governing persons. Yet standard accounts of the self and of self-government at work in such theories are hotly disputed and often roundly criticized in most of their guises. John Christman offers a sustained critical analysis of both the idea of the 'self' and of autonomy as these ideas function in political theory, offering interpretations of these ideas which avoid such disputes (...) and withstand such criticisms. Christman's model of individual autonomy takes into account the socially constructed nature of persons and their complex cultural and social identities, and he shows how this model can provide a foundation for principles of justice for complex democracies marked by radical difference among citizens. His book will interest a wide range of readers in philosophy, politics, and the social sciences. (shrink)

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

This paper reconstructs the political?theoretical triangle between liberalism, communitarianism and conservatism. It shows how these three positions are related to each other and to what extent they are actually incompatible. The substantive outcome is the following thesis: the conservative position poses a challenge to liberalism that communitarianism is unable to offer and that liberalism cannot incorporate as it could with communitarianism. This challenge lies in the conservative?s ideal of a traditionally evolved, purposeless form of civil association, and its associated view (...) on the justification of authority within such forms of association. This ideal cannot be incorporated into liberalism?s overall concern with individual autonomy, in contrast to the communitarian?s ideal of community. This will be shown through an investigation of two key elements of the conservative ideal of civil association: its ?purposelessness? and its justification of authority. (shrink)

Abstract A condition for a flourishing liberal society, I believe, is a public education similar to that recommended by Durkheim. Its heterogeneous character, embracing critical thought and shared traditions, autonomy and community, human diversity and social unity, provides a powerful support for and challenge to liberal, democratic institutions. Durkheim mingled standard liberal and communitarian values??values supporting individual rights and critical thought, on one hand, and values supporting the common good and tradition on the other. On my reading, Durkheim forged a (...) middle way between liberalism and communitarianism, thereby rescuing us from the forced option that is often erected??defend ?the individual? or protect ?the community?. He championed various authoritative perspectives from society's shared understanding as a means to cultivate, in students, dispositions for social criticism. Tradition and critical thought go hand in hand, in Durkheim's view, because social critics, faced with changing circumstances, draw deeply from their social inheritance as they forge new paths and criticise some old ones. (shrink)

I define paternalism in the following way. X behaves paternalistically towards y: (1) only if x aims to close an option that would otherwise be open to y, or x chooses for y in the event that y is unable to choose for himself; and (2) to the extent that x does so in order to promote y's good. Paternalism covers both acts and omissions and may be successful or unsuccessful, and I distinguish it from benevolence. This definition is contrasted (...) with some alternatives offered by others, including Gerald Dworkin, John Kleinig and David Archard. On my account, paternalism need not be coercive, nor restrict freedom. Paternalism need not be against the will, nor need it limit the autonomy, of the person paternalised, nor involve the violation of any moral rule. Finally, a paternalist may believe both that paternalistic intervention is for the good of the target and that the target shares this view. (shrink)

Abstract Kwame Anthony Appiah has devoted much scholarly work to exploring the problems surrounding racial and cultural identities in the USA. He defends the position that such identities need not be centrally significant in the psyche of the subject, and that black demands for blacks to be recognised having a black (race) identity, is symptomatic of black racism. Like other racisms, black racism has a tendency to ?go imperial?, affecting the autonomy of the individual to decide which identity constructs she (...) is willing to endorse as her own. Appiah believes that free association, as the locus of social solidarities and the formation of individual and social identities, should be upheld as a counterweight to the imperialism of racisms in the USA. He believes, furthermore, that the cosmopolitan state best caters for free associations of this kind. In this article I offer a comprehensive view of Appiah's support for cosmopolitanism as the best answer to the problems of identity which race and culture generate in multicultural USA. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Critics of liberalism have argued that liberal individualismmisdescribes persons in ignoring the degree to which they aredependent on their communities. Indeed, they argue that personsare essentially socially constituted. In this paper, however, Iprovide two arguments – the first concerning communitariandescriptive claims about persons, our society, and the communitarian ideal society, and the second regarding thecommunitarian view of individual autonomy – that the communitariantheory of Alasdair MacIntyre, Charles Taylor, and Michael Sandel,relies on individuals either being independent from theircommunities or having a (...) community-independent desire. Thisis indicative of a deep contradiction in communitarian thought. (shrink)

Communitarians like Alasdair MacIntyre, Charles Taylor, and Michael Sandel, defend what we may call the ‘social constitution thesis.’ This is the view that participation in society makes us what we are. This claim, however, is ambiguous. In an attempt to shed some light on it and to better understand the impact its truth would have on our beliefs regarding autonomy, I offer four possible ways it could be understood and four corresponding senses of individual independence and autonomy. I also indicate (...) what senses liberals can accept that we are socially constituted and in what sense I take communitarians to argue we are socially constituted. (shrink)

In reply to Narveson, I distinguish his no-proviso argument from his liberty argument, and I show that both fail. I also argue that interference lacks the strategic status he assigns to it, because it cannot be appropriately distinguished, conceptually and morally, from prevention; that natural resources do enjoy the importance he denies they have; that laissez-faire economies lack the superiority he attributes to them; that ownership can indeed be a reflexive relation; that anti-paternalism does not entail libertarianism; and that he (...) misrepresents the doctrines of a number of philosophers, including John Locke, Ronald Dworkin, and myself. In reply to Brenkert, I show that he seriously misconstrues my view of the nature of freedom, and of its relationship to self-ownership. I then refute his criticisms of my treatment of the contrasts between self-ownership, on the one hand, and autonomy and non-slavery, on the other. I also show that his attempt to exorcize the demon of self-ownership is multiply flawed. (shrink)

(No abstract is available for this citation).

I examine an objection against autonomy-minded liberalism sometimes made by philosophers such as John Rawls and William Galston, that it rules out ways of life which do not themselves value freedom or autonomy. This objection is incorrect, because one need not value autonomy in order to live an autonomous life. Hence autonomy-minded liberalism need not rule out such ways of life. I suggest a modified objection which does work, namely that autonomy-minded liberalism must rule out ways of life that could (...) not develop under an autonomy-promoting education. I conclude by suggesting some reasons why autonomy-minded liberals should bite the bullet and accept this. (shrink)

The article considers Jürgen Habermas's views on the relationship between postmetaphysical philosophy and religion. It outlines Habermas's shift from his earlier, apparently dismissive attitude towards religion to his presently more receptive stance. This more receptive stance is evident in his recent emphasis on critical engagement with the semantic contents of religion and may be characterized by two interrelated theses: (a) the view that religious contributions should be included in political deliberations in the informally organized public spheres of contemporary democracies, though (...) translated into a secular language for the purposes of legislation and formal decision making and (b) the view that postmetaphysical philosophy should seek to salvage the semantic contents of religious traditions in order to supply the evocative images, exemplary figures, and inspirational narratives it needs for its social and political projects. With regard to (a), it argues that the translation requirement impairs the political autonomy of religious believers and other metaphysically inclined citizens, suggesting that this difficulty could be alleviated by making a distinction between epistemologically authoritarian and non-authoritarian religious beliefs. With regard to (b), it argues that the salvaging operation is not as straightforward as Habermas seems to suppose and that social and political philosophy may not be able to tap the semantic power of religious traditions without relying on metaphysical assumptions; it concludes that, here, too, a distinction between authoritarian and non-authoritarian approaches to knowledge and validity may be useful. (shrink)

I consider argumentation from the point of view of context-transcendent cognitive transformation through reference to the critical social theory of Jürgen Habermas. My aim is threefold. First, to make the case for a concept of context-transcendent cognitive transformation. Second, to clarify the transformatory role of argumentation itself by showing that, while argumentation may contribute constructively to context-transcendent cognitive transformation, such transformation presupposes the existence of a reality conceptually independent of argumentation. Third, to cast light on the problem of how to (...) justify argumentatively the poetically formulated, novel and innovative semantic contents that may be required for context-transcendent cognitive transformation. I conclude that the difficulties involved in argumentatively assessing novel and innovative semantic contents should not be misconstrued as evidence of an unbridgeable gap between language and experience but rather suggest the need for a more dynamic normative conception of language and for a more receptive model of autonomous agency. (shrink)

The value of a negatively defined private space is defended as important for the development of personal autonomy. It is argued that negative liberty is problematic when split off from its connection with this ideal. An ethical interpretation of personal autonomy is proposed according to which a private space is one of autonomy's preconditions. This leads to a conceptualization of privacy that is fruitful in two respects: it permits an account of privacy laws that avoids certain pitfalls, and it serves (...) as a basis for criticizing privacy-related failures of autonomy together with the social forces that produce them. Negative liberty is, furthermore, rejected as an adequate basis for modern law and democracy. Here, too, an ethically defined personal autonomy, of which negative liberty is a precondition, is held to be the most convincing normative foundation. A critical reading of Habermas' cooriginality thesis is offered in support of this argument. Key Words: cooriginality thesis • Jürgen Habermas • Herbert Marcuse • negative liberty • personal autonomy • positive liberty • privacy • Martin Walser. (shrink)

What makes a democratic school democratic? This question is answered using the example of the Swiss education system; the focus, however, is not on the usual pedagogic perspective of teaching democracy, but on the democratic organization of the education system. The discussion concentrates on two basic requirements for a democratic education organization: on the one hand, education for all under the equal rights premise calls for the definition of an educational minimum for all students. At the same time, defining this (...) minimum presupposes selection among the students. For part of the students are -- through the use of public funds -- being educated beyond the minimum; a situation which needs to be democratically legitimized. The selection is based on academic performance; as yet, a valuable alternative to this type of selection does not exist. On the other hand, it is essential in a democratic education organization that the authorities put in charge of certain responsibilities are democratically legitimized and controlled. The same applies to newly created authorities, such as principalships or autonomous schools, the introduction of which has been demanded repeatedly for some time now. (shrink)

Foucault's theory of disciplinary power and Bourdieu's theory of symbolic power are among the most innovative attempts in recent social thought to come to terms with the increasingly elusive character of power in modern society. Both theories are based on cri tiques of subject-centered analyses of power and offer original accounts of modern social institutions. But Foucault's critique of the subject is so radical that it makes it impossible to identify any deter minate social location of the exercise of power (...) or of resistance to its operations. Bourdieu's theory of practice in terms of the symbolically mediated interaction between the habitus and social structure avoids these problems by connecting relations of domination both to identi fiable social agents and to the institutions of the modern state. However, Bourdieu's strategic model of social action remains too narrow to allow for the possibility of autonomous agency and an emancipatory political praxis. The theory of symbolic power must be supplemented by a normative conception of practical reason if its emancipatory potential is to be realized. Key Words: agency • habitus • modernity • power • resistance. (shrink)

Bookchin's social ecology explores the narrative of domination and hierarchy. He argues that today's environmental crisis reflects a link between the human domination of nature and the domination of human by human. Hierarchy, as the pivot of such domination, is viewed as a psychology which permeates and corrodes not only social life (as reflected in class, gender, ethnic and other relations), but nature as well. Bookchin, seeking to replace hierarchy with cooperation by devolving power and autonomy to the individual in (...) community, produces an eco?anarchism. Bookchin argues for the interpenetration of the human and the natural, seeing humans as ?nature rendered self?conscious?. Since evolution is viewed as a dialectic privileging participation, differentiation and spontaneity, community becomes both the means and ends of an ecological society. The critique in this paper explores the autonomy?community tension in Bookchin as well as the broad political implications of Bookchin's framework of social change. (shrink)

In the eighteenth century, the economic problem was reformulated according to a particular set of politico-economic components, in which the pursuit of individual freedom was elevated to an ethical and political ideal. Subsequent developments of this individualist philosophy together with the achievements of technological progress now appear as a threat to future existence. Extensive environmentaldegradation and persistent global inequalities of wealth demand a new reformulation of the economic problem. Sustainable development has emerged as the most recent economic strategy for addressing (...) concerns about ecological integrity and social justice. Although there is a recognized continuum of understanding about the concept—from conservative to radical—it has been argued that only the radical version of sustainable development embodies the ethical capacity to address these concerns. Simultaneously the perennial existential question “How should we live?” has been raised anew along with the novel ethico-moral question: “How should we arrange our systems of production and consumption to ensure the sustainability of the Earth under conditions of conspicuous and pressing environmentallylimiting conditions?” Moreover, the strong normative dimension embodied in the radical version of sustainability represents a challenge to liberal democracy and its understanding of individual and collective goods. I argue that the radical approach has the capacity to relieve what is an inherently acute tension of modern life and to reconcile individual autonomy with the wider social and ecological good. (shrink)

In this paper we argue that John Rawls’s account of political liberalism requires a conception of mutual respect that differs from the one advanced in A Theory of Justice. We formulate such a political liberal form of mutual respect, which we call ‘civic respect.’ We also maintain that core features of political liberalism – in particular, the ideas of ‘the burdens of judgment’ and ‘public reason’ – do not commit political liberalism to an ideal of personal autonomy, contrary to claims (...) made by various commentators. Furthermore, we maintain that teaching the idea of ‘public reason’ to students in civic education courses does not threaten their ‘ethical integrity.’ On the basis of these points, we maintain – against political and educational theorists like Eamonn Callan and Amy Gutmann – that political liberalism permits a wider range of educational policy options, including some ‘school choice’ policies, than most forms of comprehensive liberalism. We conclude the article by considering some such policies. (shrink)

The value and importance accorded to personal autonomy within liberalism would seem to suggest that cultural practices that severely constrain the choices of individuals through heavyhanded role socialization and restriction ought to be strongly discouraged in liberal societies. In this paper, I explore this claim in connection with the custom of arranged marriage, which has recently come under fire in some liberal democratic states, notably Britain. My aim is to try to complicate the liberal understanding of the relationship between cultural (...) traditions and personal autonomy. In the course of this discussion, I analyze and offer some criticisms of autonomy as a substantive ideal and requirement for flourishing. In revisiting and evaluating arguments in favor of a thick or substantive ideal of autonomy criticisms, I hope to show that a substantive ideal of autonomy as independence is culturally bounded in ways that are often overlooked by liberal philosophers. (shrink)

This essay explores Joel Feinberg's conception of liberalism and the moral limits of the criminal law. Feinberg identifies liberty with the absence of law. He defends a strong liberal presumption against law, except where it is necessary to prevent wrongful harm or offense to others. Drawing on Rawlsian, Marxian, and feminist standpoints, I argue that there are injuries to individual liberty rooted not in law, but in civil society. Against Feinberg, I defend a richer account of liberalism and liberty, linking (...) them to human dignity, and a more positive role for law. Feinberg justifies liberty as an instrumental welfare?interest, valuable in virtue of the way it serves the individual's ulterior goals. Drawing on the example of racism and civil rights, I argue that the value of equal liberty stems from its social role in constituting persons? sense of their own worth and dignity. Against Feinberg, I claim that liberty's value is grounded in a shared historical ideal of personhood, not in the individual's goals or desires. Feinberg also links liberalism with an extreme anti?paternalist position, on which individuals should be at liberty to alienate their very own right of personal autonomy. Drawing on the examples of slavery and drug addiction, I argue against this liberty, and the conception of liberalism and paternalism in Feinberg which leads to it. A liberalism founded upon an ideal of human dignity allows, even requires, a use of law to prevent persons from destroying the very conditions of their own autonomy and dignity. (shrink)

Many have thought that an important feature of any just society is the establishment and maintenance of a suitable basic minimum: some set of welfare achievements, resources, capabilities, and so on that are guaranteed to all. However, if a basic minimum is a plausible requirement of justice, we must have a theory — a theory of what, precisely, the state owes in terms of these basic needs or achievements and what, precisely, is the proper structure of the obligation to provide (...) them. In Section 1, I will critically examine one recent influential account of the basic minimum: Martha Nussbaum's `human capabilities approach'. I argue that Nussbaum's account has several structural features, few of which are independently plausible, and which create insuperable difficulties when viewed in combination. The failure of Nussbaum's account is instructive, however. It provides motivation for the positive account I sketch in Section 2. Key Words: Martha Nussbaum • welfare • capabilities • autonomy. (shrink)

This important new book develops a new concept of autonomy. The notion of autonomy has emerged as central to contemporary moral and political philosophy, particularly in the area of applied ethics. Professor Dworkin examines the nature and value of autonomy and used the concept to analyze various practical moral issues such as proxy consent in the medical context, paternalism, and entrapment by law enforcement officials.

Stanisław Brzozowski formulated the ideal of modern man in the polemic with the contemporary man, who has ceased to believe in truth and moral values and is devoid of the will to act. For Brzozowski modernity involves the discovery of truth about the human condition: about man as an autonomous subject, a creator of values, who struggles with non-human reality. This truth was formulated in Kant’s idea of autonomy and in Marx’ idea of a collective conquest of the world of (...) nature. For Brzozowski, ideal modern man is “the conscious labourer,” who labours because he wants to proudly impose a human law on the non-human world. At the same time Brzozowski used the term “modernity” to describe life of constant change in the modern world, understood as a set of results of man’s reign over nature. For the sake of human maturity, Brzozowski expected the truly modern man to perceive modern life as an unquestionable value. Undoubtedly, there is an evident tension in Brzozowski’s ideal of modern man between the affirmation of creativity in the world of change and the necessity of disciplined production, including unchangeable moral foundations of labour. There is also a major shift in this ideal, stemming from Brzozowski’s change of attitude towards religion. (shrink)

The purpose of this paper is to explore the impact that developments in transhumanist technologies may have upon human cultures (and thus upon the lifeworld), and to do so by exploring a potential debate between Habermas and the transhumanists. Transhumanists, such as Nick Bostrom, typically see the potential in genetic and other technologies for positively expanding and transcending human nature. In contrast, Habermas is a representative of those who are fearful of this technology, suggesting that it will compound the deleterious (...) effects of the colonisation of the lifeworld, further constraining human autonomy and undermining the meaningfulness of the lifeworld by expanding the technological control and manipulation of humanity. It will be argued that these opposed positions are grounded in fundamentally different understandings of the consequences of scientific and technological advance. On one level, the transhumanists remain confident that the lifeworld has within it the resources necessary to find meaning and purpose in a society deeply infused by genetic technology. Habermas disagrees. On another level, the difference is articulated by Horkheimer and Adorno in Dialectic of Enlightenment, primarily by challenging what may be understood as a Baconian faith in science as a project for the domination of nature (where nature is an infinitely malleable material, to be dominated and shaped, without adverse consequences, purely for the purposes of human survival). While the transhumanists broadly embrace this faith, Habermas returns to something akin to Horkheimer and Adorno’s pessimistic scepticism. (shrink)

It would seem that we in the West are suffering from an increasing glut of rights. To the sixty-odd human rights that the Universal Declaration and its Covenants have long given us, must now be added the particular rights claims of an increasing number of ‘oppressed’ minorities, claims to compensation rights for just about every conceivable harm done and claims to ever more trivial things. This tendency is harmful insofar as it trivialises rights and devalues the coverage of rights. Human (...) rights are fundamental and ought to be protected from these tendencies. Using an analysis of the foundations of human rights, and their function in maintaining autonomy in particular, this article analyses the content of rights – what must be fulfilled in order for a right to be protected – as a means of demonstrating the possibility of reducing the volume of rights without reducing rights coverage and of creating a defensible hierarchy. (shrink)

The growing sophistication in the Soviet discussion about man and morality carries with it the threat that human autonomy may recover some of its Marxian originality in contrast with the Leninist-Stalinist insistence on a mechanist determinism.

It is a central tenet of most contemporary theories of justice that the badly-off have a right to some of the resources of the well-off. In this paper, I take as my starting point two principles of justice, to wit, the principle of sufficiency, whereby individuals have a right to the material resources they need in order to lead a decent life, and the principle of autonomy, whereby once everybody has such a life, individuals should be allowed to pursue their (...) conception of the good, and to enjoy the fruits of their labour in pursuit of such conception. I also endorse the value of fairness, whereby the right person or institution makes the decision as to whether to bring about justice.I show that justice and fairness can be satisfied only if we all enjoy a combination of private and collective rights over the world. In making that case, I shall argue that the set of ownership rights I advocate differs from readily available conceptions of restricted private ownership in two important respects. First, it is such that in some circumstances, two individuals or more can have control rights over the same property at the same time, not, as is standardly the case in legal systems, by contracting with one another (through gifts and joint purchase), but simply on grounds of justice. Second, it allows that, if necessary, property-owners be expropriated from their property without compensation. (shrink)

I attempt to show that toleranceis part of the idea of American law: for any legalsystem must incorporate the capacity toaccommodate differences in order to meet theminimal standards necessary to apply a rule. There are multiple forms of tolerance, however, some ofwhich are inconsistent with liberal principles.By examining several lines of jurisprudencerelating to speech and privacy, I show thatAmerican law reflects elements of bothliberalism and conservative communitarianism. I attempt to reconcile these by suggesting they actuallyreflect a perfectionist foundation of liberalautonomy. (...) That is to say, American law doesnot value moral autonomy and reasoned discoursebecause they protect neutrality betweendifferent ideas of the good life: rather, thelaw reflects an idea of the good life that seesmoral autonomy as advancing well being.This perfectionist liberal foundation oftolerance reflects the evolution of Americanlaw. Through slavery, sexism and the controlof erotic speech we see how it expanded theideas of who is capable of rationaldiscourse and what activities incorporatethe exercise of reasoned moral autonomy;and how the law imposes this autonomouscapacity on individuals as the price ofcitizenship, even if they belong to groups whodeny the value of reason or autonomy. (shrink)

For several decades the work of Joel Feinberg has been the most influential in legal, political, and social philosophy in the English-speaking world. This volume honours that body of work by presenting fifteen original essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility, and liability. It will be a collection of interest to anyone working in moral, legal, or political (...) philosophy. (shrink)

This article focuses on problematizing the harmonisation of higher education in Europe today. The overall aim is to analyse the construction of the European citizen and the rationality of governing related to such a construction. The specific focus will be on the rules and standards of reason in higher education reforms which inscribe continuums of values that exclude as they include. Who is and who is not constructed as a European citizen? Documents on the Bologna process produced in Europe and (...) in Sweden are analysed drawing on the Foucauldian notion of governmentality, showing a neoliberal rationality of governing. The European citizen needs to become flexible, autonomous and self-regulating as a way of facing the threats of the constantly changing future. The technique of diversity is a condition of possibility for constructing such a citizen and for harmonising higher education in Europe. Further, the current power relations in the discourse define what is and what is not European, thus constructing 'the other', the one who is excluded. (shrink)

The argument put forward by this article is not that democratization does not benefit from the activity of a vibrant civil society, but rather that academic research should address this relationship in a critical way. This article maintains that one should take care to distinguish between 'civil society' as an ideal-type concept that embodies the qualities of separation, autonomy and civil association in its pure form, and the factual world of 'civil societies' composed of associations that embody these principles to (...) varying degrees. At the same time, one should avoid a kind of triumphalism about civil society as a necessary source of democratic energy with homogenous goals and principles; in a word, one should avoid a theory of civil society that privileges civil society (Fine 1997). A first problem seems to be mainly definitional: what is meant by civil society? By reviewing the most relevant literature on democratization, the first part of this article discusses the main assumptions regarding the role of civil society as a democratizing power, namely its apolitical nature, its deep 'civil' stand and its relationship with the state. In the second part, the article utilizes the case of South African civil society as a relevant example of how difficult and nuanced the relationship between civil society organizations and democratization can be, with special regard to the process of democratic deepening and social emancipation. (shrink)

Can any of us ever really be free? Do we follow the rules our society gives us because we want to, or because we are forced to? Discipline, Freedom, Resistance challenges the received wisdom that discipline and freedom are opposite and mutually exclusive. Though it is typically argued that a well-ordered liberal society must discipline its more unruly citizens to maintain freedom for all, Flathman shows how resistance to rules can mean more than criminals breaking laws. Resistance can also mean (...) political protest and political dialogues about what the rules can be. Discipline, Freedom, Resistance draws on Foucault's theories of the self to describe the inner discipline it takes to resist authority-declaring that individuals must sometimes resist forces that wish to destroy freedom, to ensure freedom. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality: toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power -- (...) The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the necessary (...) conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

Taylor, Sandel, Walzer, and MacIntyre waver between granting the community authority over the individual and limiting this authority so severely that communitarianism becomes a dead letter. The reason for this vacillation can be found in the aspiration of each theorist to base liberal values?equality and liberty?on particularism. Communitarians compound liberal formalism by adding to the liberal goal, individual autonomy, the equally abstract aim of grounding autonomy in a communally shared identity. Far from returning political theory to substantive considerations of the (...) good, communitarianism legitimizes really existing liberal politics?the politics of the nation?state. (shrink)

Women have historically been prevented from living autonomously by systematic injustice, subordination, and oppression. The lingering effects of these practices have prompted many feminists to view autonomy with suspicion. Here, Marilyn Friedman defends the ideal of feminist autonomy. In her eyes, behavior is autonomous if it accords with the wants, cares, values, or commitments that the actor has reaffirmed and is able to sustain in the face of opposition. By her account, autonomy is socially grounded yet also individualizing and sometimes (...) socially disruptive, qualities that can be ultimately advantageous for women. Friedman applies the concept of autonomy to domains of special interest to women. She defends the importance of autonomy in romantic love, considers how social institutions should respond to women who choose to remain in abusive relationships, and argues that liberal societies should tolerate minority cultural practices that violate women's rights so long as the women in question have chosen autonomously to live according to those practices. (shrink)

Autonomy has risen in esteem, then fallen, only to rise again in recent theorizing about women in society and culture. In this paper, I further bolster the renewed feminist interest in autonomy. I characterize feminist social aspirations in terms of three very abstract goals and then argue that women’s individual autonomy promotes at least two of them in crucial ways. Women’s autonomy will improve the quality of the close personal relationships that pervade women’s traditional moral concems (the first goal) and (...) it will enable women the better to resist traditional, gender-based constraints on their lives (the second goal). My conclusion is tempered, however, by the view that individual autonomy interferes to a significant degree with the solidarity and collective action by women needed to effect feminist social change (the third goal) . In passing, I gesture toward a conception of autonomy as a certain kind of narrative of self-development. (shrink)

Critics have charged that John Stuart Mill''s discussion as of paternalism in On Liberty is internally inconsistent, noting, for example, the numerous instances in which Mill explicitly endorses examples of paternalistic coercion. Similarly, commentators have noted an apparent contradiction between Mill''s political liberalism – according to which the state should be neutral among competing conceptions of the good – and Mill''s condemnation of non-autonomous ways of life, such as that of a servile wife. More generally, critics have argued that while (...) Mill professes an allegiance to utilitarianism, he actually abandons it in favor of a view that values personal autonomy as the greatest intrinsic good. This paper presents an interpretation of Mill that provides a viable and consistent treatment of paternalism, thereby refuting each of the aforementioned critiques. Mill''s views, it argues, are consistently utilitarian. Moreover, the interpretation accounts for all of Mill''s departures from his otherwise blanket prohibition of paternalistic legislation. In particular, it explains his most notorious example, the condemnation of voluntary contracts for slavery. The interpretation emphasizes Mill''s conceptual linkage between autonomy and utility, noting his implicit use of at least three different senses of the notion of autonomy. (shrink)

The sketch of communist society in The German Ideology is often dismissed for lacking seriousness or coherence. Thorough philological, contextual and philosophical inquiry reveals otherwise. The final version of the sketch enjoys a systematic place within Marx’s thought, as a description of activity in developed communism, and advances a provocative thesis of the negation of vocation. This thesis is composed of two distinct claims: occupational confinement is abolished, and occupational identities disappear. These claims recommend communist society on grounds of autonomy (...) and recognition. (shrink)

The concept of human dignity and the relationship between dignity and human rights have been important subjects in contemporary international academia. This article first analyzes the different understandings of the concept of dignity, which has left great influences in history (including the “theory of attribution-dignity”, the “theory of autonomy-dignity” or the “theory of moral completeness/achievement-dignity”, and the “theory of end-in-itself-dignity”); it then exposes the obvious defects of these modes of understanding; finally, it tries to define dignity as a moral right (...) to be free from insult. Meanwhile, the relationship between human dignity and human rights is clarified as a result of this research: Rather than being the foundation of human rights, human dignity is one of human rights. The idea of dignity nevertheless has a particular status in ethics in that it embodies a kind of core moral concern, representing a basic demand rooted in the human self or individuality, and hence representing an important aspect of human rights. We may anticipate that sooner or later, the idea of human dignity will become, together with other human rights, the only intangible cultural heritage of human society. (shrink)