Abstract Robert Stern's Understanding Moral Obligation is a remarkable achievement, representing an original reading of Kant's contribution to modern moral philosophy and the legacy he bequeathed to his later-eighteenth- and early-nineteenth-century successors in the German tradition. On Stern's interpretation, it was not the threat to autonomy posed by value realism, but the threat to autonomy posed by the obligatory nature of morality that led Kant to develop his critical moral theory grounded in the concept of the self-legislating moral agent. Accordingly, (...) Stern contends that Kant was a moral realist of sorts, holding certain substantive views that are best characterized as realist commitments about value. In this paper, I raise two central objections to Stern's reading of Kant. The first objection concerns what Stern identifies as Kant's solution to the problem of moral obligation. Whereas Stern sees the distinction between the infinite will and the finite will as resolving the problem of moral obligation, I argue that this distinction merely explains why moral obligations necessarily take the form of imperatives for us imperfect human beings, but does not solve the deeper problem concerning the obligatory nature of morality?why we should take moral norms to be supremely authoritative laws that override all other norms based on our non-moral interests. The second objection addresses Stern's claim that Kantian autonomy is compatible with value realism. Although this is an idea with which many contemporary readers will be sympathetic, I suggest that the textual evidence actually weighs in favor of constructivism. (shrink)

Feminist strong substantive autonomy (FSSA), as presented by Natalie Stoljar and Anita Superson, pronounces judgment on the autonomy status of certain women living under oppression. These women act on deformed desires, Superson explains, and as deformed desires cannot be the agent's own, the women are heteronomous. Stoljar argues that some women's choices violate the Feminist Intuition; by acting on false and oppressive values, these women render themselves heteronomous. I argue against Stoljar and Superson on epistemological grounds. I present six different (...) ways in which agents' choices can be related to deformed desires, with varying results for their autonomy statuses. I show that Stoljar and Superson are not able to distinguish properly among the differing autonomy statuses in these six cases, because doing so requires attention to agents' inner processes of decision-making, as those processes are enacted in the agents' social and temporal contexts. Stoljar and Superson judge others' autonomy statuses based on abstract generalizations rather than via empirical attention to agents' actual decision-making processes. Consequently, their judgments are not adequate to the lived self-direction of real persons. Assessing others' autonomy status requires consideration of agents' inner choice-making in sociotemporal context, which favors a procedural or weak substantive account of autonomy. (shrink)

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)

Based on the ongoing work of the agenda-setting Future of Minority Studies national research project, Identity Politics Reconsidered reconceptualizes the scholarly and political significance of social identity. It focuses on the deployment of “identity” within ethnic-, women’s-, disability-, and gay and lesbian studies in order to stimulate discussion about issues that are simultaneously theoretical and practical, ranging from ethics and epistemology to political theory and pedagogical practice. This collection of powerful essays by both well-known and emerging scholars offers original answers (...) to questions concerning the analytical legitimacy of “identity” and “experience,” and the relationships among cultural autonomy, moral universalism, and progressive politics. (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)

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

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.

Johann Gottfried Herder (1744-1803) has been called the German Rousseau. Yet while Rousseau is recognized as a political thinker, Herder is not. This book explores each thinker's ideas--on nature and culture, selfhood and mutuality, paternalism, freedom, and autonomy--and compares their conceptions of legitimate statehood. Arguing that the crux of political legitimacy for both men was the possibility of "extended selfhood," Barnard shows that Herder, like Rousseau, profoundly altered human self-understandings, thus influencing modes of justifying political allegiance.

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)

What is freedom? Can we measure it? Does it affect policy? This book develops an original measure of freedom called 'Autonomy Freedom', consistent with J. S. Mill's view of autonomy, and applies it to issues in policy and political design. The work pursues three aims. First, it extends classical liberalism beyond exclusive reliance on negative freedom so as to take autonomous behavior explicitly into account. Second, it grounds on firm conceptual foundations a new standard in the measurement of freedom that (...) can be fruitfully coupled with existing gauges. Third, it shows empirically that individual preferences for redistribution and cross-country differences in welfare spending in Organisation for Economic Co-operation and Development (OECD) countries are driven by the degree of 'autonomy freedom' that individuals enjoy. By means of an interdisciplinary approach and a sophisticated econometric methodology, the book takes an explicit stand in defense of freedom and sets the basis for a liberalism based upon people's actions and institutions. (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)

No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones (...) of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (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)

This paper presents the metaphysics of liberal rights reasoning on one hand and that of demographic reasoning on the other, as exemplifying two worldviews that both compete and complement each other in the contemporary German public debate on demographic decline. First, this essay outlines the way in which liberal theorists of various outlooks, perfectionist and neutralist alike, assume that a wide range of rights serves not only the interests of those individuals who possess them, but that it constitutes the foundations (...) of a just and stable political order in general and therefore is to the advantage of everyone. Second, the essay explains how demographic reasoning questions the assumption of harmony shared by the liberal approaches. Third, it provides an impression of the way in which demographic arguments have been deployed in the public sphere in Germany in the last few years. These arguments associate the autonomy of women with the demise of Germany. They claim that by encouraging women to pursue self-realization as self-interested individuals, the modern secular ethos of Germany as a democratic welfare society may be self-destructive in the long run, since it leads to sub-replacement fertility. Finally, the essay stresses that liberal and demographic perspectives share a “blindness” of historical events. In response, the conclusion brings history back in, by historicizing both demographic reasoning and demographic developments in Germany, with the aim of defusing some of the anxieties that may have been aroused by the current debate. (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)

Liberals like choice.1 Human flourishing, they believe, is to some degree dependent on individuals’ ability to choose their ends and actions. However, liberals sometimes fail to note that this principle does not always work in reverse: it does not follow that an individual acting according to her own choices will flourish, or that she will necessarily have the freedom and autonomy which are crucial to flourishing. In this paper, I shall show that even outcomes which result from the choices of (...) the individuals concerned may be unjust, if two conditions hold. I call these conditions the disadvantage and influence factors. Together, they express the idea that if an individual is encouraged to make choices which disadvantage her, then the ensuing inequality is unjust – particularly if the disadvantage is significant and enduring, and if the encouragement comes from those who make different choices and so end up better off. Egalitarian liberals, I argue, should be particularly worried about such outcomes, despite a temptation to rely on choice as the determinant of justice. (shrink)

This paper considers the tension between political liberalism and gender equality in the light of social construction and multiculturalism. The tension is exemplified by the work of Martha Nussbaum, who tries to reconcile a belief in the universality of certain liberal values such as gender equality with a political liberal tolerance for cultural practices that violate gender equality. The paper distinguishes between first- and second-order conceptions of autonomy, and shows that political liberals mistakenly prioritise second-order autonomy. This prioritisation leads political (...) liberals to seek to limit state interference in individuals’ choices. However, the paper argues that if options, choices and the preferences which lead to them are socially influenced or constructed, it is no longer clear that state noninterference secures autonomy. Instead, it becomes a matter of justice what the content of the social or state influence is, which options are open to people, and political liberalism cannot deal with many forms of injustice. Rather than emphasising state neutrality, liberals should endorse state prohibition of practices which cause significant harm to those who choose them, if they are chosen only in response to unjust norms. (shrink)

In an effort to carve a distinct place for social facts without lapsing into a holistic ontology, John Greenwood has sought to define social phenomena solely in terms of the attitudes held by the actor(s) in question. I argue that his proposal allows for the possibility of a “lone collectivity” that is (1) unpalatable in its own right and (2) incompatible with the claim that sociology is autonomous from psychology. As such, I conclude that the relevant beliefs need to be (...) held by more than one person. (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)

Abstract The aim of this paper is to discuss which stance towards the allocation of labor and leisure would be defensible from the perspective of modern liberal political theory. There is a long tradition in philosophy defending an ideal of leisure, but this tradition has been rightly criticized for being too perfectionist. A liberal perspective seems more attractive in not dictating how much time people spend in labor or leisure, but leaving this choice to individuals. The question is whether this (...) is possible. After scrutinizing the traditional philosophical defense of leisure I focus on Robert Goodin and his collaborators' recent proposal to think about labor and leisure in terms of ?temporal autonomy?. I show that their concept is a great improvement over the older philosophical theories, both in its conceptualization of labor and leisure and in its ambition to leave labor/leisure choices to individuals. Nonetheless, it contains an important unresolved ambiguity about whether discretionary time maximization is a desirable end. Since the exercise of one's temporal autonomy can undercut the temporal autonomy of others in society, this leads to a dilemma. This dilemma can be resolved either in a libertarian or in a sufficientarian direction. I provide a cautious defense of the sufficientarian conception of temporal autonomy, because it accounts for the intuition in the older tradition of leisure that it is important not to be overwhelmed by the demands of labor, while also retaining the liberal emphasis on individual choice. (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)

Issues concerning the upbringing of children are among the most contested in modern political debate. How should childrearing rights and resources be distributed between families? To what extent are parents morally permitted to shape the beliefs and desires of their children? At what age should children acquire adult rights, such as the right to vote? Justice and Legitimacy in Upbringing sets out a liberal conception of political morality that supports a set of answers to these questions which many liberals have (...) been reluctant to accept. -/- The central argument is that the ideals of justice and individual autonomy place significant constraints on both governments and parents. Clayton insists that while their interests should count directly in allocating childrearing rights, parents should exercise their rights in accordance with these liberal ideals. He argues that we owe our children a childhood that develops their sense of justice, but in which further attempts to enrol them into particular religious practices, for instance, are illegitimate. Justice and Legitimacy in Upbringing is a work of applied political philosophy that will be of interest to students of political theory, the philosophy of education, and social and public policy. (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).

Introduction: What is liberalism? -- Three conceptions of autonomy -- A theory of autonomy -- Autonomy and anti-perfectionism -- Autonomy-minded liberalism -- Multicultural liberalism.

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)

Machine generated contents note: Introduction; 1. Why value autonomy?; 2. Individuality; 3. Alienation, authenticity, and affect; 4. Misuse and abuse: perfectionism and preferences; 5. Misuse and abuse: punishment and privacy; 6. Applications; 7. Final justifications.

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)