I comment on Amartya Sen's study of the relations between the analysis of freedom and the theory of social choice. Two of his themes are analysed with regard to their contribution to an analytic understanding of the issues. These are: (1) the multiple interpretations of the concept of ‘preferences’ as a foundation for the formal conceptualizations of social choice and freedom; and (2) some issues in the formalization of freedom as a value to be compared with outcomes. Under (2), I (...) mainly point out some difficulties in the existing analyses and mildly support a ‘flexibility’ interpretation of freedom that I have advanced earlier. I conclude with some observations drawn from history and literature which complicate the value bien-pensant thinkers are prone to place on freedom. (Published Online February 16 2006). (shrink)

The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual (...) expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture. (shrink)

This superb, exemplary account of Immanuel Kant’s legal and political philosophy is essential reading not only for Kant scholars, but also for political philosophers and philosophers of law. Lucidly reasoned and written with crystalline clarity, the book is both accessible to non-specialists and a pleasure to read. Ripstein reveals the coherent, systematic structure of thought in Kant’s obscurely written Doctrine of Right, and goes beyond illumination to defense and development of Kant’s conception of equal freedom. In the course of doing (...) all of this, he not only presents Kant in historical context, but also brings to light important differences between Kant’s views and those of other political philosophers and .. (shrink)

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public enforcement (...) of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

: Freedom, understood as active participation in public life, connects the thinking of Rosa Luxemburg with that of Hannah Arendt. Biographically separated through the rise and victory of the totalitarian movements, they both developed a concept of the political that is oriented toward freedom and that demonstrates—in spite of their different historical experiences—essential common features: both authors emphasize the recognition of difference as a presupposition for a critical discussion of norms, traditions, and authorities, for the capacity to make unconstrained judgments, (...) and for the ability to take personal responsibility. (shrink)

I believe that Sartre's theory of groups, coupled with the suppressed social ontology of BN, does provide an account of how positive and constructive social relations are possible, theoretically and practically. This explicates and makes intelligible the aspect of his concept of authentic existence that requires us to act on behalf of the freedom of all. Sartre's theory of the group does provide a basis for practical union and common effort in our social world, whereby "common" individuals can enrich their (...) concrete freedom. (shrink)

In the 1980s extra-parliamentary social movements and critical theories of race, class, and gender added a new sociocultural understanding of justice—recognition—to the much older socioeconomic one. The best-known form of the struggle for recognition is the identity politics of disadvantaged groups. I argue that there is still another option to conceptualize their predicament, neglected in recent political philosophy, which understands exclusion not in terms of injustice, more particularly a lack of sociocultural recognition, but in terms of a lack of freedom. (...) I draw my inspiration from Hannah Arendt's model of political action. Arendt diagnoses exclusion not solely as a mode of injustice, but as a lack of participation and public freedom. Consequently, she advocates a struggle for participation, political equality, and freedom as a strategy for emancipation or empowerment. Arendt could help feminists see that collective empowerment is made possible not by a shared identity (the target of poststructuralist critics) but by common action in the service of a particular worldly issue or common end. In other words, feminists would do well to appreciate the revolutionary quality and heritage of the feminist movement better, that is, its character as a set of practices of freedom. (shrink)

Hate speech employs discriminatory epithets to insult and stigmatize others on the basis of their race, gender, sexual orientation, or other forms of group membership. The regulation of hate speech is deservedly controversial, in part because debates over hate speech seem to have teased apart libertarian and egalitarian strands within the liberal tradition. In the civil rights movements of the 1960s, libertarian concerns with freedom of movement and association and equal opportunity pointed in the same direction as egalitarian concerns with (...) eradicating racial discrimination and the social and economic inequalities that this discrimination maintained. But debates over hate speech regulation seem to force one to give priority to equality or to liberty. On the one hand, egalitarian concerns may seem to require restricting freedom of expression. Hate speech is an expression of discriminatory attitudes that have a long, ugly, and sometimes violent history. As such, hate speech is deeply offensive to its victims and socially divisive. Though one might well be reluctant to restrict speech, it might seem that the correct response to hate speech, as with other forms of discrimination, is regulation. On the other hand, libertarian concerns may seem to constrain the pursuit of equality. Though one may abhor hate speech and its effects, the cure might seem at least as bad as the disease. Freedoms of expression are among our most fundamental liberties. Offensive ideas are part of the price one must pay to protect these constitutional rights. This being so, it might seem that the correct response to hate speech is more speech—presumably egalitarian speech condemning hate speech—not the restriction of speech. (shrink)

Edited by leading contributors to the literature, Freedom: An Anthology is the most complete anthology on social, political and economic freedom ever compiled. Offers a broad guide to the vast literature on social, political and economic freedom. Contains selections from the best scholarship of recent decades as well as classic writings from Hobbes, Locke, Rousseau and Kant among others. General and sectional introductions help to orient the reader. Compiled and edited by three important contributors to the field.

This collection of 24 essays, written by eminent philosophers and political theorists, brings together fresh debates on some of the most fundamental questions ...

Atheism, agnosticism, and theism -- Freethought I : criticism of religion -- Freethought II : freedom of expression -- Moral and political secularism.

CHAPTER I INTRODUCTION Liberty is perhaps the most praised of all social ideals. Rare is the modern political movement which has not inscribed "liberty," ...

In Isaiah Berlin: Liberty, Pluralism and Liberalism, George Crowder provides both an accessible introduction to Berlin's ideas and an original contribution to ...

Recent work in Hobbes scholarship has raised again the subject of Hobbes's notion of liberty. In this paper, I examine Hobbes's use of the notion of liberty, particularly in his theory of rights. I argue that in describing the rights that individuals hold, Hobbes is employing "liberty" to cover more than the famously restrictive definition of the "absence of external impediments" and that this broader understanding of liberty should not be put down to simple inconsistency on Hobbes's part. In the (...) second part of the paper, I look at the Hohfeldian analysis of rights and at the tendency to see the notion of a claim as foundational for rights, which for some, is a legacy of that analysis. I argue that there are disadvantages to this and suggest that the notion of liberty may be a more useful one than that of a claim to ground our understanding of rights. (shrink)

This article reviews Jan Narveson and James Sterba’s co-authored book Are Liberty and Equality Compatible?. Sterba argues that negative liberty requires that the poor have a right not to be interfered with in taking from the rich to fulfill their basic needs. Narveson argues that negative liberty means that people agree [...].

The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social contract, that its (...) 'political' stricture need not, however, preclude any socially transformative, emancipatory role. Thus, the promotion of freedom as non-domination is compatible with the 'modelled constraints' of Rawls's original position. Far from transgressing the 'political' limits of State power, the goods associated with non-domination may instead be seen as necessary to the realisation of 'moral personality'—independently of the 'final ends' for which it may be exercised. (shrink)

The paper criticises a number of accounts of freedom, including those which analyse freedom in terms of affording individuals ever widening opportunities, those which mistake liberties for rights and those which identify freedoms with duties imposed on others. All these inflated notions of freedom are liable to produce a shrinkage of of freedom in its basic sense of referring to areas of life in which there are rules preventing others from interfering with individuals or groups in doing things which are (...) feasible for them. (shrink)

In Anarchy, State, and Utopia, Robert Nozick seeks to demonstrate that principles of justice in acquisition and transfer can be applied to justify the minimal state, and no state greater than the minimal state. That approach fails to acknowledge the critical role that forced exchanges play in overcoming a range of public goods and coordination problems. These ends are accomplished by taking property for which the owner is compensated in cash or in kind in an amount that leaves him better (...) off (by his own lights) than before the transaction. Forced exchanges use coercion to form the state, but the just compensation requirement guards against redistribution state imposed redistribution for collateral purposes. Once these forced exchanges are allowed to form a state, then they may be used thereafter to justify the powers of taxation and eminent domain used to support infrastructure (roads, sewers, public utilities) that neither the minimal state nor private markets can supply. Footnotesa I have benefited from comments at the workshop at the Social Sciences Division of the California Institute of Technology. My thanks to Justin Herring and Eric Murphy, The University of Chicago Law School, for their usual capable research assistance. (shrink)

This article defends the principle of giving a fresh start to individuals who come to consider that they have mismanaged their share of resources at an earlier stage of their life. The first part challenges the ethical intuition that it would be unfair to tax the steadfast frugal in order to help the regretful spendthrift and argues that the possibility of changing one’s mind is an important freedom. The second part examines the disincentives induced by fresh-start policies. It shows that (...) even when individuals can strategically misrepresent their preferences, there remains a significant difference between unforgiving and forgiving policies. It shows that the optimal policy does not only redistribute funds, but also puts protective constraints on early individual decisions (for example, compulsory saving through social security taxes). Key Words: fairness • freedom • fresh start • incentives • preference changes • regret. (shrink)

This is a rejoinder to some of the contentions of Part II of Jeffrey Friedman's monster article (or mini?book?) about ?The New Consensus.? After questioning his supposedly ?non?tendentious understanding of Marx,? it proceeds to deny that what Friedman calls Positive Libertarianism is any more a sort of libertarianism than imaginary or non?existent cows are a kind of cows; and to insist that what Friedman calls morality is light years removed from the dutiful, domestic decencies of what would normally be considered (...) moral conduct. Next it examines Friedman's misunderstandings of option rights, which actually presuppose only the weakest possible claims to equality. Finally it concludes with criticism of his bizarre and perverse assumption that concern about the consequences of our actions has little or nothing rather than almost everything to do with their morality. (shrink)

In this book Katrin Flikschuh examines the relevance of Kant's political thought to major issues and problems in contemporary political philosophy. She advances and defends two principal claims: that Kant's philosophy of Right endorses the role of metaphysics in political thinking, in contrast to its generally hostile reception in the field today, and that his account of political obligation is cosmopolitan in its inception, assigning priority to the global rather than the domestic context. She shows how Kant's metaphysics of freedom (...) as a shared idea of practical reason underlies the cosmopolitan scope of his theory of justice, and she concludes that despite the revival of 'Kantianism' in contemporary thinking, his account of justice is in many respects very different from dominant approaches in contemporary liberal theory. Her study will be of interest to political philosophers, political theorists, and historians of ideas. (shrink)

Chapter one JS Mill and the future of liberalism If there is a consensus on the value of Mill's political writings, it is that we may turn to them for the ...

This article first describes a dilemma for liberalism: On the one hand restricting their own options is an important means for groups of people to shape their lives. On the other hand, group members are typically divided over whether or not to accept option-restricting solutions or policies. Should we restrict the options of all members of a group even though some consent and some do not? This dilemma is particularly relevant to public health policy, which typically target groups of people (...) with no possibility for individuals to opt out. The article then goes on to propose and discuss a series of aggregation rules for individual into group consent. Consideration of a number of scenarios shows that such rules cannot be formulated only in terms of fractions of consenters and non-consenters, but must incorporate their motives and how much they stand to win or lose. This raises further questions, including what is the appropriate impact of altruistic consenters and non-consenters, what should be the impact of costs and benefits and whether these should be understood as gross or net. All these issues are dealt with in a liberal, anti-paternalistic spirit, in order to explore whether group consent can contribute to the justification of option-restricting public health policy. (shrink)

The philosophical debate on paternalism is conducted as if the property of being paternalistic should be attributed to actions. Actions are typically deemed to be paternalistic if they amount to some kind of interference with a person and if the rationale for the action is the good of the person interfered with. This focus on actions obscures the normative issues involved. In particular, it makes it hard to provide an analysis of the traditional liberal resistance to paternalism. Given the fact (...) that actions most often have mixed rationales, it is not clear how we should categorize and evaluate interfering actions for which only part of the rationale is the good of the person. The preferable solution is to attribute the property of being paternalistic not to actions, but to compounds of reasons and actions. The framework of action–reasons provides the tools for distinguishing where exactly paternalism lies in the complex web of reasons and actions. (shrink)

An alternative philosophic basis for freedom based on writings of ancient Gnostics and psychologist Jung.

Why does agency--the capacity to make choices and to act in the world--matter to us? Why is it meaningful that our intentions have effects in the world, that they reflect our sense of identity, that they embody what we value? What kinds of motivations are available for political agency and judgment in an age that lacks the enthusiasm associated with the great emancipatory movements for civil rights and gender equality? What are the conditions for the possibility of being an effective (...) agent when the meaning of democracy has become less transparent? David Kyuman Kim addresses these crucial questions by uncovering the political, moral, philosophical, and religious dimensions of human agency. Kim treats agency as a form of religious experience that reflects implicit and explicit notions of the good. Of particular concern are the moral, political, and religious motivations that underpin an understanding of agency as meaningful action. Through a critical engagement with the work of theorists such as Judith Butler, Charles Taylor, and Stanley Cavell, Kim argues that late modern and postmodern agency is found most effectively at work in what he calls "projects of regenerating agency" or critical and strategic responses to loss. Agency as melancholic freedom begins and endures, Kim maintains, through the moral and psychic losses associated with a broad range of experiences, including the moral identities shaped by secularized modernity and the multifold forms of alienation experienced by those who suffer the indignities of racial, gender, class, and sexuality discrimination and oppression. Kim calls for renewing the sense of urgency in our political and moral engagements by seeing agency as a vocation, where the aspiration for self-transformation and the human need for hope are fundamental concerns. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

Introduction: Why moral judgments can be objective -- Theorists v. their theories : the case of agent causation -- Ethics and its controversial assumptions : individualism & human success -- Virtue, liberty, and private property : aspects of humanist political economy -- Economic analysis and the pursuit of liberty -- Human rights and poverty -- Rights, values, regulation, and health care -- The morality of smoking -- Philosophy, physics, and common sense -- The calculation problem & the tragedy of the (...) common -- Government budget crises -- Right to private property -- Revisiting a critique -- Leo Strauss & neo-conservatism -- Tocqueville & Ayn Rand -- Should the constitution be rescued? -- Distraction of anarchism -- On owning intellectual stuff -- Fetal rights & liberty -- Speculation on post-communism -- The right to be wrong -- Reflections on democracy -- The flaws of stakeholder theory -- Individualism should respect rights. (shrink)

There are strong Lockean considerations that count in favor of a global basic income program. This paper articulates a conception of equal share left-libertarianism that is supported by the rights of full self-ownership and world-ownership. It is argued that an appropriately constructed global basic income program would be a key institution for promoting the rights of full self-ownership and world-ownership.

Is the principal concern of political philosophy the source of political authority? And, if so, can this source be located in individual consent? In this article I draw on Rousseau to answer the second question negatively; and in rejecting that answer, why we might answer the first question in the negative as well. We should be concerned with questions of legitimacy rather than with the source of authority and political obligation. Our principal concern, that is, should be with the question (...) how well political institutions meet the needs of individuals. I pursue these issues in the context of interpreting Rousseau's distinctive contribution to political thought. I start out by asking the question 'What problem is the General Will designed to solve?' I argue that Rousseau's challenge to Hobbes represents a crucial step in the move from the source of authority and political obligation to a focus on legitimacy. (shrink)

This is the most systematic, the most radical, and the most lucid treatise on freedom that has been written in contemporary Continental philosophy. Finding its guiding motives in Kant's second Critique and working its way up to and beyond Heidegger and Adorno, this book marks the most advanced position in the thinking of freedom that has been proposed after Sartre and Levinas. If we do not think being itself as a freedom, we are condemned to think of freedom as a (...) pure 'idea' or 'right', and being-in-the-world, in turn, as a blind and obtuse necessity. Since Kant, philosophy and our world have relentlessly confronted this schism. To combat this renunciation of freedom, one must think the experience of freedom in thought itself: what it is that, simply in order for there to be thinking, must partake of freedom. (shrink)

Introduction: where do our rights come from? -- Jefferson's masterpiece: the Declaration of Independence -- Get off my land : the right to own property -- Names will never hurt me : the freedom of speech -- I left my rights in San Franscisco : the freedom of association -- You can leave any time you want: the freedom to travel -- You can leave me alone : the right to privacy -- That flesh is mine : you own your (...) body -- Sticks and stones will break my bones : the right to self-defense -- You'll hear from me : the right to petition the government for redress of grievances -- War . . .war . . .what is it good for? : the right to enjoy peace -- When the devil turns round on you : the right to fairness from the government -- A dime isn't worth a penny anymore : the right to sound money -- Theft by any other name : the right to spend your own money -- A ride on Dr. Feinberg's bus : the right to be governed by laws with moral limits -- Disobeying stupidity : the right to ignore the state -- Conclusion. (shrink)

The subject of this book is how to build institutions of liberty in this hemisphere of the Americas.

Represents the first collection of essays to exclusively address the many philosophical aspects of climbing Includes essays that challenge commonly accepted ...

The aim of compiling the various essays presented here is to make readily accessible many of the most significant and influential discussions of privacy to be found in the literature. In addition to being representative of the diversity of attitudes toward privacy, this collection has a coherence that results from the authors' focus on the same issues and theories. The main issue addressed in this book is the moral significance of privacy. Some social science and legal treatments are included because (...) of their direct bearing on the moral issues that privacy raises. In addition to the classics on privacy, the author has included an interpretative essay on the privacy literature, which provides a philosophical guideline as to what the issues are and how various thinkers have contributed to their resolution. (shrink)