The aim of the paper is that of putting into question the dichotomy between fact-judgments and value judgments in the legal domain, with its epistemological presuppositions (descriptivist image of knowledge) and its methodological implications for legal knowledge (value freedom principle and neutrality thesis). The basic question that I will try to answer is whether and on what conditions strong ethical value-judgments belong within legal knowledge. I criticize the traditional positivist positions that have fully accepted the (...) value-freedom principle and value-neutrality thesis, but I also submit to critical scrutiny the new post-positivist views, that, even if they show interesting conceptual developments on the matter, end up, nevertheless, by presupposing the same epistemological image, while I call descriptivism. I stress that only by giving up descriptivism and accepting constructivism as a general image of knowledge is it possible to see the problem of value-ladenness of legal knowledge in a new light. On the basis of the constructivist image, I present two theses: firstly, at a much broader epistemological level, I advance the minimalist thesis on value-judgments, which simply removes the general ban on treating values as present within knowledge; secondly, I advance the strong thesis on legal value-judgments, which consists in arguing for the necessary presence of ethical value-judgments in legal knowledge. I draw, in the end, some important implications from acceptance of the strong thesis. One of these implications is a new distinction that replaces the traditional distinction between fact-judgments and value judgments, namely, the distinction between value-judgments exhibiting a cognitive function and value-judgments exhibiting a creative function. (shrink)

The aim of the paper is that of putting intoquestion the dichotomy between fact-judgments andvalue judgments in the legal domain, with its epistemologicalpresuppositions (descriptivist image of knowledge) andits methodological implications for legal knowledge (valuefreedom principle and neutrality thesis). The basicquestion that I will try to answer is whether and on whatconditions strong ethical value-judgments belong withinlegal knowledge.I criticize the traditional positivist positionsthat have fully accepted the value-freedom principle andvalue-neutrality thesis, but I also submit to critical (...) scrutinythe new post-positivist views, that, even if they showinteresting conceptual developments on the matter, end up,nevertheless, by presupposing the same epistemologicalimage, while I call descriptivism. I stress that only by giving updescriptivism and accepting constructivism as a generalimage of knowledge is it possible to see the problem ofvalue-ladenness of legal knowledge in a new light.On the basis of the constructivist image, I present two theses:firstly, at a much broader epistemological level, I advance theminimalist thesis on value-judgments, which simply removes thegeneral ban on treating values as present withinknowledge; secondly, I advance the strong thesis on legalvalue-judgments, which consists in arguing for thenecessary presence of ethical value-judgments in legal knowledge.I draw, in the end, some important implications from acceptanceof the strong thesis. One of these implications isa new distinction that replaces the traditional distinctionbetween fact-judgments and value judgments, namely, thedistinction between value-judgments exhibiting a cognitivefunction and value-judgments exhibiting a creativefunction. (shrink)

The value-free ideal in science has been criticised as both unattainable and undesirable. We argue that it can be defended as a practical principle guiding scientific research even if the unattainability and undesirability of a value-free end-state are granted. If a goal is unattainable, then one can separate the desirability of accomplishing the goal from the desirability of pursuing it. We articulate a novel value-free ideal, which holds that scientists should act as if science should be (...) value-free, and we argue that even if a purely value-free science is undesirable, this value-free ideal is desirable to pursue. (shrink)

A prominent objection to non-cognitive moral bio-enhancements is that they would compromise the recipient’s ‘freedom to fall’. I begin by discussing some ambiguities in this objection, before outlining an Aristotelian reading of it. I suggest that this reading may help to forestall Persson and Savulescu’s ‘God-Machine’ criticism; however, I suggest that the objection still faces the problem of explaining why the value of moral conformity is insufficient to outweigh the value of the freedom to fall itself. (...) I also question whether the objection is compatible with Neil Levy’s parity principle. Accordingly, I go on to consider an alternative relational freedom-based objection to NCMBEs that aims to explain the fundamental moral importance of the freedom that NCMBEs would violate. I argue that although this strategy might allow the critic of NCMBEs to bypass a powerful criticism of Harris’ objection, it also weakens the freedom-based objection’s compatibility with the parity principle. (shrink)

Introduction, the central experiences. - The concrete universal. - Uniformity and general law not antagonistic to individuality. - The teleology of finite consciousness, a sub-form of individuality. - Bodily basis of mind as a whole of content. - Self-consciousness as the clue to the typical structure of reality. - Ourselves and the absolute. - Individuality as the logical criterion of value. - Freedom and initiative. - Nature, the self, and the absolute.

According to Peirce, the value of the idea of freedom arises only to oppose the idea of necessity. Freedom emerges as a working value, a primary esthetic principle, in response to that which is perceived as fixed, determined, necessary, absolute. The idea of Freedom materializes, assumes a million appearances, wears its ten million masks......Freedom as the Freedom-to-Focus is a Peircean esthetic process that becomes realized through the three stages of Fragment/Fractal, Fact, Form. (...) This triadic process corresponds to the semiotic functions of Icon, Index, Symbol. Freedom's course is nonlineal, self-corrective, dynamic, open: Freedom is the occasion for Chaos, and Chaos is the locus of Form. (shrink)

We consider processes of emergence within the conceptual framework of the Information Loss principle and the concepts of systems conserving information; systems compressing information; and systems amplifying information. We deal with the supposed incompatibility between emergence and computability tout-court. We distinguish between computational emergence, when computation acquires properties, and emergent computation, when computation emerges as a property. The focus is on emergence processes occurring within computational processes. Violations of Turing-computability such as non-explicitness and incompleteness are intended to represent partially (...) the properties of phenomenological emergence, such as logical openness, given by the observer’s cognitive role; structural dynamics where change regards rules rather than only values; and multi-modelling where multiple non-equivalent models are required to model such structural dynamics. In this way, we validate, from an epistemological viewpoint, models and simulations of phenomenological emergence where the sequence of events constitutes the natural, analogical non-Turing computation which a cognitive complex system can reproduce through learning. Reproducibility through learning is different from Turing-like computational iteration. This paper aims to open a new, non-reductionist understanding of the conceptual relationship between emergence and computability. (shrink)

Among the methodological rules of the social sciences we find the principles of value-neutrality and the principle of criticism. Both principles are of vital importance in the social sciences, but both seem to conflict with one another. The principle of criticism excludes value-judgments from the social sciences, because they cannot be empirically tested. Hence, criticism methodologically implies value-neutrality. Yet there is the opposing view that it is precisely the critical social researcher who looks beyond mere (...) 'social facts' taking into account the value framework of the society. Thus, criticism does not lead to value-freedom, but points to the value impact of the so-called social facts. In this paper, the two principles are stated. Then it is shown how and why they are incompatible. Finally, several suggestions are discussed to resolve this methodological conflict. (shrink)

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

Despite the fact that business people and business students often cast doubt on the relevance of universal moral principles in business, the rejection of relativism is a precondition for business ethics to get off the ground. This paper proposes an educational strategy to overcome the philosophical confusions about relativism in which business people and students are often trapped. First, the paper provides some conceptual distinctions and clarifications related to moral relativism, particularism, and virtue ethics. More particularly, it revisits arguments demonstrating (...) that virtues in business are not in contradiction with the relevance of universal principles, despite the fact that virtue ethics is often identified with particular relationships and contexts. It goes on to show how students and managers, but also researchers, often mix up radically different conceptions of moral relativism. It is also argued that this confusion is in part created by the cross-cultural management literature in which the methodological stance of the value-freedom of the social sciences is, in a perplexingly mistaken way, transformed into a rejection of all normative discussion and a plea for relativism. The remainder of the paper presents some tools that may be helpful in steering people toward less simplistic views about moral relativism and virtue ethics. It further argues that it is equally important to spell out that moral universalism can be understood in a humble way, without implying either arrogant ethnocentrism or omniscience, as part of an ongoing debate that progresses gradually. (shrink)

Peter Singer has famously argued that people living in affluent western countries are morally obligated to donate money to famine relief. The central premise in his argument is that, If it is in our power to prevent something bad from happening, without thereby sacrificing anything of comparable moral importance, we ought, morally, to do so. The present paper offers an argument to the effect that affluent people ought to support foreign aid projects based on a much weaker ethical premise. The (...) new premise states that, If it is in our power to prevent something bad from happening, without thereby sacrificing anything of moral importance, we ought, morally, to do so. This premise, supplemented with a notion of final value drawing on Amartya Sen''s concept of freedom as capabilities and functionings, is conceived as a special version of a weak, egalitarian Pareto principle. (shrink)

An easily recognizable feature of Sartre’s phenomenological existentialism is his conception of freedom. According to a popular interpretation, we are absolutely free, not only from factual constraints, but also free to create and pursue our own values. In this respect, Sartre appears to continue in a radical direction the Kantian project of making room for freedom in a world colonized by scientific determinism and dogmatic moralism. This chapter challenges the popular reading. It argues that Sartre extends the implications (...) of Kant’s conception of freedom, especially concerning the constraining character of imperatives and principles; yet he acknowledges the need for some limitation on a legitimate account of freedom. This limitation is given by the higher-order values expressed by our free actions. (shrink)

This book is a major contribution to the study of the philosophy of action, moral philosophy, and political philosophy. Its central idea is a radically unorthodox theory of rational action. Most contemporary Anglo-American philosophers believe that action is motivated by desire. Professor Benn rejects the doctrine and replaces it with a reformulation of Kant's ethical and political theory, in which rational action can be determined simply by principles, regardless of consequences. The book analyzes the way in which value conflicts (...) can be rationally resolved, the objectivity of value, the concept of moral personality, the principles of non-interference and respect of persons, the ideals of autonomy and community and various aspects of individual rights - focusing on the rights to freedom, welfare, and privacy. (shrink)

I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is too broad a designation to be usefully analysed (...) as a single category, since it includes many different kinds of speech acts, each of which involves very different kinds of free speech interests, and may cause very different kinds of harm. I therefore propose to disaggregate hate speech into various categories which are analysed in turn. I distinguish four main categories of hate speech, namely (1) targeted vilification, (2) diffuse vilification, (3) organised political advocacy for exclusionary and/or eliminationist policies, and (4) other assertions of fact or value which constitute an adverse judgment on an identifiable racial or religious group. Reviewing these categories in the light of the justifications for the Free Speech Principle, I will argue that category (1) is uncovered by the Principle, categories (2) and (3) are covered but unprotected , and that category (4) is protected speech. (shrink)

In various debates about science, appeal is made to the freedom of scientific research. A rationale in favor of this freedom is rarely offered. In this paper, two major arguments are reconstructed that promise to lend support to a principle of scientific freedom. According to the epistemological argument, freedom of research is required in order to organize the collective cognitive effort we call science efficiently. According to the political argument, scientific knowledge needs to be generated (...) in ways that are independent of the major political powers because of the important role it plays for the citizens and their capacity to form well-informed political preferences. Both arguments are examined critically in order to identify their strengths and limitations. I argue that the scientific freedom established by both rests on a number of critical preconditions, and that the arguments’ force must be weighed against competing societal interests and values in each case of their application. Appeal to a principle of scientific freedom should therefore never mark the end, but rather the beginning of a public debate about the ends and means of science. (shrink)

The article by S. Prysukhin “The Principle of Subsidiarity: Lessons from the Social Teaching of the Catholic Church” analyzes the achievements of the Social Teaching of the Catholic Church, represented by the works of Leo XIII, Pius XI, Pius XII, John Paul II, revealing the meaningful characteristics of the concept of “the principle of subsidiarity”, its role and meaning in the system of Christian values. The principle of subsidiarity makes possible such relationships in social life, when the (...) community of higher order does not interfere in the internal life of the community of the lower order, taking over the proper functions of that function; for the common good it gives it when necessary support and assistance, thereby coordinating its interaction with other social structures. The principle of subsidiarity guides social practice to the promotion of the common good in the human community. The spread and application of the principle of subsidiarity opposes the danger of "nationalization" of society and the most terrible manifestations of collectivism, restricts the absoluteization of power, bureaucratization of state and socio-cultural structures, becoming one of the guarantors of respect for the rights and freedoms of citizens of their country. (shrink)

In the light of growing political and religious fundamentalism, this open access book defends the idea of freedom as paramount for the attempt to find common ethical ground in the age of globality. The book sets out to examine as yet unexhausted ways to boost the resilience of the principle of liberalism. Critically reviewing the last 200 years of the philosophy of freedom, it revises the principle of liberty in order to revive it. It discusses many (...) different aspects that fall under its three main topics: the metaphysics of freedom, quantitative freedom and qualitative freedom. Open societies worldwide have come under increasing pressure in the last decades. The belief that politics and markets fare best when guided by the principle of liberty presently faces multiple challenges such as terrorism, climate warming, inequality, populism, and financial crises. In the view of its critics, the idea of freedom no longer offers adequate guidance to meet these challenges and should be partially corrected or even entirely replaced by countervailing values. Against the reduction of freedom to the merely quantitative question as to how much liberties individuals call their own, this book draws attention to the qualitative concerns which and whose opportunities society should foster. It argues that, correctly understood, the idea of liberty commits us to defend as well as advance the freedom of each and every world citizen. (shrink)

There have recently been a number of high profile political incidents, and legal cases, that raise questions about hate speech. At the same time, the tensions, and perceived conflicts, between religion and sexuality have become controversial topics. This paper considers the relationship between religious freedom, free speech and equality through an analysis of recent case law in Great Britain, Canada and the United States. The paper starts with a discussion of how conflicts between these values arise in areas such (...) as hate speech and explores the differences between the European and US approach to this issue. In Council of Europe member states there is an increasing use of the criminal law to regulate hate speech. This paper argues that criminalisation of hate speech poses a distinct risk to the values of free speech and proposes alternative non-legal responses such as a greater use of cultural policy. The paper also explores a range of cases where the religion and sexual orientation conflict has arisen in areas such as the workplace. An analysis of these cases suggests that although there is no perfect resolution of this issue, it is possible to develop a set of principles that encourage a balance between the values of religious freedom, free speech and equality even in difficult situations where there is a conflict between religion and sexuality. The paper concludes with some practical recommendations for managing the tensions or conflicts between religious freedom, free speech and equality in liberal democracies. (shrink)

What might be termed 'the problem of morality' concerns how freedom-restricting principles may be justified, given that we value our freedom. Perhaps an answer can be found in freedom itself. For if the most obvious reason for rejecting moral demands is that they invade one's personal freedom, then the price of freedom from invasive demands that others would otherwise make may well require everyone accepting freedom in general, say, as a value that (...) provides sufficient reason for adhering to principles that serve to maximize, or at least safeguard, freedom in general. But then it is precisely such a value, freedom in general, which can be argued to ground an adequate moral system. Hence whereas the value of freedom appears at first sight to pose problems for moral systems, it can be employed to ground a certain variety of them. (shrink)

What might be termed 'the problem of morality' concerns how freedom-restricting principles may be justified, given that we value our freedom. Perhaps an answer can be found in freedom itself. For if the most obvious reason for rejecting moral demands is that they invade one's personal freedom, then the price of freedom from invasive demands that others would otherwise make may well require everyone accepting freedom in general, say, as a value that (...) provides sufficient reason for adhering to principles that serve to maximize, or at least safeguard, freedom in general. But then it is precisely such a value, freedom in general, which can be argued to ground an adequate moral system. Hence whereas the value of freedom appears at first sight to pose problems for moral systems, it can be employed to ground a certain variety of them. (shrink)

The notion of 'freedom' has gained an emblematic character in contemporary political discourse. It is, commonly, viewed as the central value and political goal of modern societies. Similarly, human rights documents conceive of freedom as their founding principle with universal validity. In contradistinction to this prevalent approach to freedom, this paper aims to demonstrate that freedom is, primarily, a political signifier with social-historical variability. One cannot, therefore, simply and uncritically assume that freedom has (...) (or should have) universal validity or transhistorical significance. In the first section of this paper, the structure of the contemporary liberal discourse on freedom is discussed and called into question. In light of Arendt's interpretation of freedom and through her analysis of the public domain, I reflect on the social-historical variability of the meaning of freedom and its inextricable nexus with a particular form of society. In the second section and drawing on Castoriadis, the notion of 'freedom' is approached in view of human signifying practices and imaginary dimension of society. This examination reveals in what way freedom––in the sense of a central social imaginary signification––contributes to the institution of an autonomous mode of society and determines the affective disposition and intentional vector of its inhabitants. (shrink)

Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time (...) but have failed to give proper attention to freedom across time. Given that we care about personal freedom now, we have reason to care about future freedom too. But what kind of distribution of freedom across a person’s lifetime should we promote as a matter of legislation and public policy? I argue that none of the candidate principles for the distribution of freedom across time is plausible. Neither a starting gate view, nor a maximisation nor a sufficientarian view is satisfactory, because none adequately reflects our various reasons to value freedom. I show that this result presents a tough challenge for theories of distributive justice and paternalism that set great store by personal freedom. (shrink)

New Threats to Freedom In the twentieth century, free people faced a number of mortal threats,ranging from despotism, fascism, and communism to the looming menace of global terrorism. While the struggle against some of these overt dangers continues, some insidious new threats seem to have slipped past our intellectual defenses. These often unchallenged threats are quietly eroding our hard-won freedoms and, in some cases, are widely accepted as beneficial. In New Threats to Freedom, editor and author Adam Bellow (...) has assembled an all-star lineup of innovative thinkers to challenge these insidious new threats. Some leap into already raging debates on issues such as Sharia law in the West, the rise of transnationalism, and the regulatory state. Others turn their attention to less obvious threats, such as the dogma of fairness, the failed promises of the blogosphere, and the triumph of behavioral psychology. These threats are very real and very urgent, yet this collection avoids projecting an air of doom and gloom. Rather, it provides a blueprint for intellectual resistance so that modern defenders of liberty may better understand their enemies, more effectively fight to preserve the meaning of freedom, and more surely carry its light to a new generation. What are the new threats to freedom? when has authority not claimed, when imposing trammels and curbs on liberty, that it does so for a wider good and a greater happiness?” —Christopher Hitchens “The regulatory state amounts to a regressive tax that penalizes small independent producers and protects the status quo.” —Max Borders “Europe tends to favor stability over democracy, America democracy over stability.” —Daniel Hannan “The value of free expression is perceived to be at odds with goals that were considered ‘more important,’ like inclusiveness, diversity, nondiscrimination, and tolerance.” —Greg Lukianoff “The masses cannot ultimately be free: only the individual can be.” —Robert D. Kaplan “That old bugbear of postwar sociology—the mob-self—is now a reality. In a participatory/popularity culture, the freedom to think and act for ourselves becomes harder and harder to achieve.” —Lee Siegel “As traditional marriage declines, the ranks of single women are growing, and increasingly these women are substituting the security of a husband with the security of the state.” —Jessica Gavora “Ending the freedom to fail is a mean-spirited attack on the freedom to succeed.” —Michael Goodwin “The only solution to the new threats to American press freedom lies in organized resistance.” —Katherine Mangu-Ward “The new behaviorism isn’t interested in protecting people’s freedom to choose; on the contrary, its core principle is the idea that only by allowing an expert elite to limit choice can individuals learn to break their bad habits.” —Christine Rosen “There’s a world of Travis Bickles out there, and they’re not driving cabs. They’re reading blogs.” —Ron Rosenbaum “The first amendment ensures not that speech will be fair, but that it will be free. It cannot be both.” —David Mamet Join the conversation about these issues at www.newthreatstofreedom.com. (shrink)

Drawing on the core values of western civilization, the author refines the counterparts in Chinese civilization, summarized as four core principles: duty before freedom, obedience before rights, community before individual, and harmony before conflict. Focusing on guoxue or Sinology as the basis of his approach, the author provides detailed explanations of traditional Chinese values. Recent scholars have addressed the concept of guoxue since the modern age, sorting through it and piecing it together, which has produced an extremely abundant range (...) of information. However, given that the concepts and theories involved have been left largely unanalyzed, this book develops a theoretical treatment of them in several important respects. First, it analyzes the mindset of guoxue, examining the dominant ideas and values of the era from which the term "guoxue" arose, focusing on its connection to early changes and trends in society and culture, and distinguishing three key phases of development. Past scholars mainly had in mind the range of objects studied in guoxue when defining it, and what this book underscores is the meaning of guoxue as a modern body of research. Secondly, it assesses several phases in the modern evolution of the body of guoxue research from the beginning to the end of the 20th century, id est, ending with the later phase of the National Heritage movement. Third and lastly, the book explores the various main modes of modern guoxue, which correspond step by step with the evolutionary phases of guoxue research. (shrink)

One of the most fascinating debates in the field of political theory has been the one about the relationship between value pluralism and liberalism. Based on their different conceptions and definitions, various theorists have often theorized a tension in the relationship between pluralism and liberalism. On the one hand, liberal authors who believe in the universality of liberal values that have to do with the safeguard of freedom (conceived at least to some extent as “negative freedom”), in (...) the expressions and the free choices that individuals within a society or group can make, tolerance, in their individuality, in the equality of opportunities for everyone, etc., and on the other hand, the pluralists, who emphasize that different values, beliefs and human goods (the diversity) in society are essentially incompatible with one another, and as such, also incommensurable. Against the positions of some various authors who theorize an inherent conflict between these two ideas, in this paper, we argue that in practice, but also theoretically justified, there is a connection and a mutual support relationship existing between pluralism and liberalism. Therefore, the main principles that pluralism protects, such as pluralism of value, incommensurability between multiple conceptions of the goods, etc., can find themselves best in the context of a liberal society. (shrink)

This edited volume of original contributions deals with the economic and political thought of Michael Polanyi. Requiring little prior knowledge of Polanyi, this volume further develops a somewhat neglected side of Polanyi's work. In particular it examines the 'tacit integration', of subsidiary details into focal objects or actions as central to all knowing and action. It traces ontological counterparts in the structures of comprehensive entities and complex actions, and a multi-level universe in which lower levels have their boundary conditions, the (...) extents to which they apply, determined by those of the next higher level, whilst each possessing its own laws or operative principles. This schema of 'dual control' preserves the reality and relative autonomy of each level, and its interactions with others, against the various reductions. The essays in this volume also employ and develop important additional concepts and distinctions such as: 'corporate' and 'spontaneous' order; 'public' and 'private' liberties; 'general' and 'specific authority'; and 'moral inversion'; which, as the essays show, are necessary for understanding and maintaining a free society and the freedom of institutions within it. Among the topics treated with them are: more of the prerequisites of freedom in public liberties dedicated to principles and transcendent values; totalitarianism and society as spontaneous order; the balance of general and specific authority in society and particular institutions; reductionism, totalitarianism and consumption in consumer societies, as moral inversions; the mutual interactions of economics and politics as distinct and autonomous but interacting levels; the sociological aspects of economics; and Polanyi's own contributions to sociology. Although, as indicated, Polanyi has his special terms, the essays in this volume, like his works, give them meaning with concrete examples and so avoid merely shuffling a mass of abstractions. Together the essays show that his work is a rich seam of ideas and inspiration for yet further extension and application--Publisher. (shrink)

Jan Narveson presents a lengthy critique of my book, As Free and as Just as Possible: The Theory of Marxian Liberalism. Central to the disagreement between Narveson and myself is the Marxian notion, endorsed by me and rejected by Narveson, that private property is coercive, in particular, that capitalist ownership of productive resources coerces workers to work for capitalists. In As Free and as Just as Possible, I hold that people have a natural right to liberty understood as freedom (...) from unwanted coercion. Thus, I contend that, to be justified, a regime of private property must be agreed to by all who might be affected by it because of the threat it poses to their liberty. Since that amounts to agreement among virtually all people living now and in the future, that agreement cannot be actual. It must be a theoretical agreement, such as takes place in John Rawls’s original position. I present a Marxian-Liberal version of the original position, and argue that, in it, parties wou .. (shrink)

India today is facing value crisis. Drift started during the British era and since then it has been witnessing continuous erosion of values. At that time the man who came to India’s rescue was Mahatma Gandhi, man of principles and values who never compromised with his values. He along with his powerful values of truth and non-violence helped India regain its strength. Almost after 64 years of freedom there is a heartfelt need to go back to these values (...) for effective management and survival. This article is an endeavour for reviving these time-tested values and to draw insights for management of organization. The values like truth, non-violence, renunciation, humility, equanimity, etc., at the organization’s roots may provide it a firm footing in this turbulent scenario. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. (...) As the author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 619-630, May 2022. This article deals with the question of how academic freedom can be conceptualized and justified. First, I analyze two conceptions of academic freedom: institutional autonomy and intellectual and professional autonomy. I claim that institutional autonomy is a limited way to conceptualize academic freedom because there is no guarantee that institutions always favor freedom of intellectuals. In line with this, I argue that academic freedom (...) as intellectual and professional autonomy should be the prior, if not the only, conception of academic freedom. Second, I examine critically different justifications of academic freedom that provide us with reasons to attach high protection to academic freedom as a particular right. I contend that the justification of the university as a realm of discovery of truth and independent knowledge production has to be complemented with the justifications of the university as a realm of democratic free debate and the autonomy of academics to speak freely. This is because, the discovery of truth argument alone does not require us to accept any moral principle other than skepticism about our own beliefs, which is not a strong ground for free speech on its own. Third, I argue that equal autonomy provides a good reason for academic freedom by emphasizing the rights of academics to speak in line with what they believe is true and only in this way can they contribute to the democratic debate in academia. This line of reasoning endorses the value of the search for truth and knowledge too since it is only possible for academics to perform the profession of search for truth when they are able to speak, write and research freely. (shrink)

Recently, there has been much discussion of two challenging arguments that suggest that if we were to lack free will of the sort required for moral responsibility we would lose one of the most important things that give our lives meaning, namely, valuable human relationships such as friendship. One line of argument, defended by Robert Kane, suggests that freely chosen relationships have an irreplaceable value, and the other, defended by Peter Strawson and recently taken up in a new form (...) by Seth Shabo and others, suggests that the most valuable relationships are ones that require susceptibility to the emotions of resentment and indignation that presuppose freedom and responsibility. These arguments have been ably challenged (see, for example, Pereboom 2014). But even if these arguments are unsound, their conclusion might still be true. In this paper, I aim to defend a distinctive third kind of approach. It appeals to the nature of friendship as requiring a special kind of obligations, and in this way draws a closer connection between the aspects of friendship that require free will and moral responsibility itself. The reasoning rests on two main premises. The first is that genuine friendship entails special obligations. Two people are not friends unless they have obligations toward one another that are partially defining of friendship. The second premise is that one has obligations only if one has the freedom to meet them. This idea is closely related to a principle taken to be axiomatic in various ethical and even deontic logical systems: Ought Implies Can. Putting these premises together, we can conclude that friendship (as well as other special relationships) require freedom. Defending these two premises takes us into two entirely separate debates, one in ethical theory and one in free will and responsibility, and a secondary aim of the paper is to bring these two vibrant discussions together. (shrink)

Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does (...) not conceptually imply a right to legal self-ownership. Nonetheless, a concern for animal option-freedom means that humans do have a pro tanto duty of non-interference. Arguments familiar from the liberal tradition moreover imply that such a duty speaks for drastic reforms of existing animal law. But it does not imply wholesale abolitionism: it neither rules out positive duties towards animals nor means that we should abandon all interactions with animals. (shrink)

JOHNSTONE M‐J. Nursing Inquiry 2012; 19: 107–115 [Epub ahead of print]Academic freedom and the obligation to ensure morally responsible scholarship in nursingAcademic freedom is generally regarded as being of critical importance to the development, improved understanding, and dissemination of new knowledge in a field. Although of obvious importance to the discipline of nursing, the nature, extent and value of academic freedom and the controversies surrounding it have rarely been considered in the nursing literature. It is a (...) key aim of this paper to redress this oversight by providing a brief examination of: (i) the principle of academic freedom; (ii) the distinction between academic freedom, freedom of speech, and the academic freedom to publish; (iii) the problem of ideological judgments being dressed up as scientific or discipline judgments to supports ‘bad’ conclusions; and (iv) the standards that might otherwise be appealed to for determining whether maverick manuscripts supporting morally abhorrent conclusions should be accepted for publication. It is suggested that the tenets of academic freedom require robust international debate, with due attention being given to such issues as the development of an international declaration on academic freedom to publish in nursing, how to ensure a robust rebuttal system in nursing journals to counter specious scholarship, and how to better promote the letters pages of nursing journals as a venue for facilitating debate on controversial issues. (shrink)

This is a good time for determinists. One hundred and fifty years of Darwinian thought have undermined belief in the exceptional status of human beings. Biological reductionism is in the ascendant. One of its most recent manifestations—evolutionary psychology, which has been widely influential both within and beyond academe—argues that individual behaviour and even social institutions are expressions of genes, the vast majority of which are common to humans and the higher primates. The implicit, largely unconscious, principles that inform gene-determined human (...) behaviour are rooted in their survival value; and the entity whose survival is served is not the conscious organism but the genome itself. Since the actual reasons for our actions are beyond our ken, they are not truly voluntary. Yet more radical attacks on the notion of human freedom have come from neuroscience: ever more sophisticated and seemingly complete accounts of the human mind in terms of the functioning of our brains, appear to embed even higher level awareness in the material world. (shrink)

Zifcak, Spencer Nobody at this conference should disagree that freedom of expression is a political principle of fundamental value.

In this article, I respond to Eric Nelson’s claim 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)

We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the (...) basis for an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a coherent justification for the freedom of speech. Habermas' theory takes as its point of departure the speech act theory developed through contemporary analytic philosophy and linguistics. The central theme of speech act theory is that speech is action; communication coordinates individual behavior through achieving rational understanding. An important corollary is the proposition that communication is intersubjective; speech acts involve both speakers and listeners. In addition, the theory of communicative action makes a distinction between communicative action-oriented to the coordination of behavior through rational agreement-and strategic behavior-the use of speech to manipulate, coerce, or deceive. I argue that a theory of free speech can incorporate this distinction to mark the boundaries of the right to free speech: freedom of speech is freedom to engage in communicative action, not strategic action. Another component of Habermas' theory is the ideal speech situation, in which rational agreement may be reached because distorting factors are excluded; this ideal situation serves as the basis of a principle of equality of communicative opportunity that can give the freedom of speech its fundamental content. Habermas' theory of communicative action provides the basis for my reinterpretation of the first amendment freedom of speech as the freedom of communicative action. This Article has two aims. My first aim is to develop a theory of the meaning of the first amendment from the theory of communicative action. In pursuit of this first goal, the Article assumes a perspective that is internal to the practice of American constitutional law. I argue that Habermas' theory has substantial power to explain and justify first amendment doctrine. Indeed, it is my view that a theory of freedom of speech based on the theory of communicative action, more so than any other theory, provides the best justification for the first amendment while simultaneously providing the best fit with the existing case law. In addition to the development of a theory of the first amendment, this Article has a second aim: From the point of view of the practice of social theory, the current Article is a "thought experiment" designed to test and elaborate Habermas' theory of communicative action. I explore various objections to and ambiguities in the theory of communicative action by taking up the attitude of a participant in the practice of legal interpretation who adopts the theory of communicative action as a practical principle for institutionalization of discourse in the public sphere. It is my hope that this thought experiment will have value in the enterprise of understanding, clarifying, and extending the theory of communicative action. For example, this Article responds to the suggestion that the theory of communicative action should be reformulated as a theory of institutionalized discourse "in the public sphere of a participatory democracy." Part II of this Article begins with a hermeneutic approach to the problem of interpreting the first amendment. Part III explores and criticizes existing theories of the freedom of expression. The theory of communicative action is explicated in Part IV; the implications of that theory for the freedom of speech are explored in Part V. Finally, Part VI applies the results to specific problems in first amendment doctrine, and Part VII draws some conclusions about the implications of this exercise for both first amendment doctrine and the theory of communicative action. (shrink)

Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to (...) act as long as her actions do not violate the equal liberty of others. According to this principle, however, people are free to enter any contract and alienate any rights, permitting even contracts of slavery or the alienation of rights of bodily integrity. Libertarians can escape this commitment to absolute freedom of contract only by adopting ad-hoc amendments to the principle of liberty. (shrink)

The widespread emergence of innumerable technologies within health care has complicated the choices facing caregivers and their patients. The escalation of knowledge and technical innovation has been accompanied by an erosion of moral and ethical consensus among health providers that is reflected in the abandonment of the Hippocratic Oath as the immutable bedrock of medical ethics. Ethical conflicts arise when the values of health professionals collide with the expressed wishes of patients or the dictates of regulatory bodies and administrators. Increasing (...) attempts by groups outside of the medical profession to limit freedom of conscience for health providers has raised concern and consternation among some health professionals. The personal and professional impact of health professionals surrendering freedom of conscience and participating in actions they deem malevolent or unethical has not been adequately studied and may not be inconsequential when considering the recognized impact of other circumstances of coerced complicity. We argue that the distinction between the two ways that freedom of conscience is exercised (avoiding a perceived evil and seeking a perceived good) provides a rational basis for a principled limitation of this fundamental freedom. (shrink)

Toleration matters to us all. It contributes both to individuals leading good lives and to societies that are simultaneously efficient and just. There are personal and social matters that would be improved by taking toleration to be a fundamental value. This book develops and defends a full account of toleration—what it is, why and when it matters, and how it should be manifested in a just society. Cohen defends a normative principle of toleration grounded in a new conception (...) of freedom as freedom from harm. He goes on to argue that the moral limits of toleration have been reached only when freedom from harm is impinged. These arguments provide support for extensive toleration of a wide range of individual, familial, religious, cultural, and market activities. _Toleration Matters_ will be of interest to political philosophers and theorists, legal scholars, and those interested in matters of social justice. (shrink)

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

What does truth have to do with freedom? That is, what is the relationship between our political and epistemic principles? In this paper, I grapple and reject Rorty's reasons for thinking that the former can't be based on the latter, but offer an alternative argument that supports his over-all conclusion that our epistemic and political values are ultimately intertwined.

This book brings together people’s intuitions, philosophical theories, and principles of Jewish ethics to suggest where our values should lead us. The author argues that a moral freedom of respect upholds freedom of the Self and respect for the Other.

This book brings together people's intuitions, philosophical theories, and principles of Jewish ethics to suggest where our values should lead us. The author argues that a moral freedom of respect upholds freedom of the Self and respect for the Other.

In this paper I focus on one of the fundamental democratic freedoms – freedom of conscience – and see to what extent Catholicism is compatible or consistent with it and, by extension, with democracy in civil or political institutions. I draw primarily on recent ecclesial statements on the issue, but also on the philosophical views of Jacques Maritain. First, I outline briefly the view of democracy and freedom of conscience that putatively undergirds modern democratic societies, as well as (...) the understanding of this freedom in Catholic thought. Next, I present the claim that there are some important differences in the way in which this freedom is described in Catholicism as distinct from dominant, secular democratic views. Third, I suggest that these differences, while real, do not sustain the claim of a radical difference in principle between freedom of conscience in recent Catholic thought and that found in documents such as the Universal Declaration of Human Rights. I conclude that not only is the Catholic approach to freedom of conscience compatible with democracy in civil institutions, but democratic government may be an important way to develop values recognized by Catholicism as fundamental. (shrink)

This is a good time for determinists. One hundred and fifty years of Darwinian thought have undermined belief in the exceptional status of human beings. Biological reductionism is in the ascendant. One of its most recent manifestations—evolutionary psychology, which has been widely influential both within and beyond academe—argues that individual behaviour and even social institutions are expressions of genes, the vast majority of which are common to humans and the higher primates. The implicit, largely unconscious, principles that inform gene-determined human (...) behaviour are rooted in their survival value; and the entity whose survival is served is not the conscious organism but the genome itself. Since the actual reasons for our actions are beyond our ken, they are not truly voluntary. Yet more radical attacks on the notion of human freedom have come from neuroscience: ever more sophisticated and seemingly complete accounts of the human mind in terms of the functioning of our brains, appear to embed even higher level awareness in the material world. (shrink)

This article deals with the question of how academic freedom can be conceptualized and justified. First, I analyze two conceptions of academic freedom: institutional autonomy and intellectual and professional autonomy. I claim that institutional autonomy is a limited way to conceptualize academic freedom because there is no guarantee that institutions always favor freedom of intellectuals. In line with this, I argue that academic freedom as intellectual and professional autonomy should be the prior, if not the (...) only, conception of academic freedom. Second, I examine critically different justifications of academic freedom that provide us with reasons to attach high protection to academic freedom as a particular right. I contend that the justification of the university as a realm of discovery of truth and independent knowledge production has to be complemented with the justifications of the university as a realm of democratic free debate and the autonomy of academics to speak freely. This is because, the discovery of truth argument alone does not require us to accept any moral principle other than skepticism about our own beliefs, which is not a strong ground for free speech on its own. Third, I argue that equal autonomy provides a good reason for academic freedom by emphasizing the rights of academics to speak in line with what they believe is true and only in this way can they contribute to the democratic debate in academia. This line of reasoning endorses the value of the search for truth and knowledge too since it is only possible for academics to perform the profession of search for truth when they are able to speak, write and research freely. (shrink)