Freedom and Liberty

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequate opportunity for dissent. In his influential defence of hate speech bans, Jeremy Waldron addresses these objections. Dworkin’s concern with political legitimacy is misplaced, he argues, given the provision speech bans make for substituting permissible modes of expression for impermissible ones. I argue that this defence of speech bans misidentifies (...) the “hate” in hate speech with the “hate” in hate crime. In contesting Dworkin, Waldron fails to contend with the necessarily entangled criminalisation of manner and viewpoint entailed in hate speech bans. By failing to grapple with the way in which every linguistic sign is constituted by both manner and viewpoint, Waldron sidesteps the ways in which hate speech bans undermine political legitimacy within liberal democracies. (shrink)

Theories of domination are primarily attempts to understand the value of justice, freedom, and equality by examining cases where they are absent. Such theories seek to clarify and systematize our judgments about what it is to be weak against uncontrolled strength, i.e., about what it is to be vulnerable, degraded, and defenseless against unrestrained power. -/- Much contemporary disagreement about domination involves competing answers to three questions: (1) Who, or what, can dominate? (2) Is it possible to dominate merely by (...) having power with a certain structure, or is domination an exercise or an abuse of power? (3) Exercised or unexercised, what kind of power is domination? The remainder of this entry will address each of these questions in turn, then conclude with a survey of how the idea of domination has been used in recent applied ethical theory. It will become clear as we examine competing answers to these three questions that different theorists have very different ideas of why, exactly, we need a theory of domination. There may be wide agreement that we need the idea of domination to make sense of unjust power relations, but unjust power relations are wildly varied, and theorists of domination disagree not only about which varieties most need to be understood, but about how theorizing domination helps us to understand them. (shrink)

When, if ever, is paternalism justified? I defend the principle that paternalism is justified only if it is neutral, that is, the motivation for it is compatible with all conceptions of the good life. Three other principles of paternalism are examined. The balancing view says that we must balance the values of liberty and well-being against each other and that paternalism is justified only if well-being outweighs liberty. The consent principle says that paternalism is justified only if consented to. The (...) voluntariness principle says that intervention is justified only when the conduct in question is substantially nonvoluntary. These three views are either implausible, plausible only if they are supplemented with the neutrality principle, or plausible only because they already presuppose that principle. (shrink)

En este trabajo, se pretende realizar una lectura del pensamiento de Feuerbach para poder desentrañar el objetivo que perseguía con su obra. Asimismo se intentará explicar cómo la finalidad de la obra feuerbachiana se encuentra mejor defendido desde los ideales que se enmarcan en la filosofía política republicana, que con los de la liberal. Para ello, en primer lugar se analizará la histórica discusión sobre el concepto de libertad, tratando de ubicar a Feuerbach en alguno de ellos. Segundo, se intentará (...) desentrañar el particular objetivo del escrito del autor. Tercero se observará su propuesta ante el problema descubierto. En cuarto lugar se explicará por qué el liberalismo no es especialmente bueno para cumplir el objetivo feuerbachiano y se propondrá en sustitución el ideal republicano para alcanzarlo. Quinto se explicarán las consecuencias que acarrea para el derecho penal seguir la filosofía política republicana Este artículose centrará en la cuestion referida al poder que queda en manos del soberano a los fines de organizar la sociedad. Como el derecho, y en particular el derecho penal, ocupa un lugar central entre los medios con los que cuenta el soberano para cumplir este fin, Feuerbach contrariamente a lo sostenido por teóricos de la época -como por ejemplo Hobbes e incluso el mismo Kant- intenta ponerle límites al poder del soberano, a los fines de garantizar la libertad y seguridad de los ciudadanos. Al autor le aterraba que éstos queden a merced o dominio de aquel. Creía que en tales circunstancias, los males que los ciudadanos podrían sufrir no podrían ser evitados. De ahí, que todo el moderno derecho penal liberal encuentre su finalidad en la puesta de límites al poder punitivo del Estado. (shrink)

Whistleblowing is the public disclosure of information with the purpose of revealing wrongdoings and abuses of power that harm the public interest. This book presents a comprehensive theory of whistleblowing: it defines the concept, reconstructs its origins, discusses it within the current ethical debate, and elaborates a justification of unauthorized disclosures. Its normative proposal is based on three criteria of permissibility: the communicative constraints, the intent, and the public interest conditions. The book distinguishes between two forms of whistleblowing, civic and (...) political, showing how they apply in the contexts of corruption and government secrecy. The book articulates a conception of public interest as a claim concerning the presumptive interest of the public. It argues that public interest is defined in opposition to corporate powers and its core content identified by the rights that are all-purposive for the distribution of social benefits. A crucial part of the proposal is dedicated to the impact of security policies and government secrecy on civil liberties. It argues that unrestrained secrecy limits the epistemic entitlement of citizens to know under which conditions their rights are limited by security policies and corporate interests. When citizens are denied the right to assess when these policies are prejudicial to their freedoms, whistleblowing represents a legitimate form of political agency that safeguards the fundamental rights of citizens against the threat of unrestrained secrecy by government power. Finally, the book contributes to shifting the attention of democratic theory from the procedures of consent formation to the mechanisms that guarantee the expression of dissent. It argues that whistleblowing is a distinctive form of civil dissent that contributes to the demands of institutional transparency in constitutional democracies and explores the idea that the way institutions are responsive to dissent determines the robustness of democracy, and ultimately, its legitimacy. What place dissenters have within a society, whether they enjoy personal safety, legal protection, and safe channels for their disclosure, are hallmarks of a good democracy, and of its sense of justice. (shrink)

In earlier work, I proposed and defended a formulation of physicalism that was distinctive in appealing to a carefully-defined relation of physical realization. Various philosophers have since presented challenges to this formulation. In the present paper, I aim to show that these challenges can be overcome.

Philosophers have traditionally treated physicalism as an empirically informed metaphysical thesis. This approach faces a well-known problem often referred to as Hempel’s dilemma: formulations of physicalism tend to be either false or indeterminate. The generally preferred strategy to address this problem involves an appeal to a hypothetical complete and ideal physical theory. After demonstrating that this strategy is not viable, I argue that we should redefine physicalism as an interdisciplinary research program seeking to explain the mental in terms of the (...) physical that encompasses the physical sciences, the psychological and brain sciences, and philosophy. Redefining physicalism in this way improves upon previous reconstructive accounts while avoiding the indeterminacy associated with orthodox forms of futurist physicalism. (shrink)

Espectros resignificados. China, España y el movimiento internacional contra el fascismo (1937-1939).

This chapter develops a civic republican approach to disability justice. It begins by articulating a republican account of liberty as nondomination before showing how such domination can shape the relationships of people with disabilities. This leads to a consideration of whether disability justice can be defined in terms of maximizing or sufficient nondomination. Instead, the chapter provides a civic framework within which republican disability justice can be understood, encompassing both the absence of oppressive relationships and the presence of capabilities of (...) special egalitarian concern. It also considers some specific normative implications of a republican account of disability justice—doubting the suitability of contestatory democracy but pointing toward the merits of self-education and universal basic income. Finally, the objection that this republican approach to disability justice unreasonably denigrates dependence is rebutted. (shrink)

Illusion of Freedom: Rousseau and Marx -/- Is capitalism the last stop of individual freedom? Liberal philosophers claim that even though free market economy may be unable to provide equality and justice, at least it guarantees personal freedom. If we think freedom cannot be reduced to the freedom of consumers to choose the brands they want or equal legal rights of abstract citizens, then we have a lot to learn from Rousseau and Marx, the first critics of liberalism. -/- Many (...) of us define freedom either as the absence of rules, thereby concluding that absolute freedom is impossible in any society or we reduce freedom to liberty in the “private sphere” which would be sufficient for us to feel free. What if we think of the chains in our feet as anklets and decorate them with flowers, as Rousseau suggests?The first step towards freedom is to grasp why we are not free now. -/- Rousseau and Marx, who explain the illusion of freedom which traps us in modern society put forward two different theses regarding the relationship of freedom to needs. According to Rousseau, as civilization increases desires and dependence, society gets corrupted and people lose their freedom without realising it. The precondition of freedom is getting rid of “artificial desires” and searching for a balance between abilities and needs. On the other hand, according to Marx, freedom can be achieved only when our needs increase and become humanised. The struggle to get rid of “commodity fetishism” which reduces all needs to the need for money, also enables us to overcome alienation. This book invites all readers who pursue the following questions to an intellectual journey: “Who are we? Where are we going? How can we become free?” . (shrink)

Freedom of thought has been lauded in political theory and celebrated in human rights discourse. But what kind of freedom is it? I propose that freedom of thought deserves status as a basic liberty, given the significance of thought to human life, the fundamental importance of freedom of thought in establishing and sustaining crucial rights and freedoms, and the value of being able to develop and experience one’s thoughts without undue influence from others.

The idea of coercion is one that has played, and continues to play, at least two importantly distinct moral-theoretic roles in our thinking. One, which has been the focus of a number of recent influential treatments, is a primarily deontic role in which claims of coercion serve to indicate relatively weighty prima facie wrongs and excuses. The other, by contrast, is a primarily axiological or eudaimonic role in which claims of coercion serve to pick out instances of some distinctive kind (...) of pro tanto human bad (such as unfreedom or interpersonal subjection). I argue that this turns out not to be a simple case of one idea put to two different uses, but rather a case of two subtly distinct ideas in need of separate philosophical treatment. Moreover, although often relatively neglected, the primarily eudaimonic idea of coercion is of enduring importance to both liberal-perfectionist and socialist political moralities, as well as to personal ethics. This paper aims to elucidate it and to examine its relationship to its better-theorised deontic cousin. In addition, the paper seeks to show how a better understanding of these aspects of the concept can enable us to resolve certain important and long-standing theoretical disagreements, such as the dispute over whether coercion is an ‘essentially moralised’ concept and the dispute over whether (genuine) offers can be coercive. (shrink)

In the present article we analyze the relationships between K-waves and major technological breakthroughs in history and offer forecasts about features of the sixth Kondratieff wave. We use for our analysis the basic ideas of long cycles' theory and related theories (theories of the leading sector, technological styles etc.) as well as the ideas of our own theory of production principles and production revolutions. The latest of production revolution is the Cybernetic Revolution that, from our point of view, started in (...) the 1950s. We assume that in the 2030s and 2040s the sixth K-wave will merge with the final phase of the Cybernetic Revolution (which we call a phase of self-regulating systems). This period will be characterized by the breakthrough inmedical technologies which will be capable to combine many other technologies into a single system of MANBRIC-technologies (medico-additive-nano-bio-roboto-info-cognitive technologies). The article also presents a forecast of the process of global ageing and argueswhy the technological breakthrough will occur in health care sector and connected spheres. (shrink)

8-9 Kasım 2012’de, Hacettepe Üniversitesi İngilizce İktisat Bölümü tarafından düzenlenen “Marx, Marksizmler ve Özgürlük” konferansı uzun zamandır üzerinde çalıştığım konular ile ilgili görüşlerimi sunma fırsatı verdi. Praksis dergisini ilk yayınladığım 1996 yılında aşağıda sunduğum düşüncelerimin temellerini atmıştım aslında. Ancak hala teoride ki sorunu bir bütün olarak, Marx ve Engels’te değil Marksizmin kavranılışında olduğunda ısrarcıydım. Çalışmalarım, Marx’ın tarih, diyalektik yöntem, sınıf savaşımı, kapitalizm eleştirisi ve bilim anlayışı gibi pek çok temel konuda tamamen farklı teorik perspektif ve anlayış geliştirmemle sonuçlandı. Bu görüşlerimi (...) kamuoyu ile ilk paylaştığım zemin yukarıda adı geçen bilimsel konferans oldu. Kendi teorik geçmişimle de bir hesaplaşma olan bu metin kuşkusuz okuru tatmin etmekten uzaktır. Çünkü yeni bir bilim teorisi için bir başlangıç metnidir; 19. yüz yıl sosyal teorileri üzerinde yükselen geleneksel ideolojik ön yargılardan kurtulmuş aklın, çağdaş bilimsel verilere yaslanarak yeni maceralara cesaretle atılmayı özendirecek olan bir başlangıç metni. (shrink)

There has been the recurrent suspicion that community, harmony, cohesion and similar relational goods as understood in the African ethical tradition threaten to occlude difference. Often it has been Western defenders of liberty who have raised the concern that these characteristically sub-Saharan values fail to account adequately for individuality, although some contemporary African thinkers have expressed the same concern. In this chapter, I provide a certain understanding of the sub-Saharan value of communal relationship and demonstrate that it entails a substantial (...) allowance for difference. I aim to show that African thinkers need not appeal to, say, characteristically Euro-American values of authenticity and autonomy to make sense of why individuals should not be pressured to conform to a group's norm. A key illustration involves homosexuality. (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)

Are there any deep or systematic connections between paternalism and people's rights? Perhaps the connection is definitional: part of what makes an action or policy paternalistic is that it violates a right. Or perhaps the connection is normative: paternalism is (always? often? only sometimes?) morally problematic because it violates people's rights (even if we don't define "paternalism" in terms of a rights violation). My main goal in this paper is to argue for the normative connection. Part of the task will (...) be to explain exactly what the normative connection is. That will involve answering the questions embedded in the claim as well as offering an account of the right(s) that is (are) connected to paternalism's normative status. (shrink)

On the New Politics: an Introduction to Evolutionity (publ. in Polish). In this article I introduce a vision of the new politics that emerges from my recent book Tractatus Politico-Philosophicus. The Tractatus discusses a number of topics. To name just a few, these are: politics, human nature, the state, freedom, solidarity, democracy, civilization, family and marriage, power, international relations, war and peace. Also, it introduces new words, such as sophocracy, ennobled democracy; nativeculturalism, an alternative to multiculturalism; or parentsexuality, a privileged (...) form of sexuality. It addresses many issues that concern today’s political thinkers. The main objective of my work is to demonstrate the necessity of, and provide a guide for, the redirection of humanity. I argue that this paradigm shift must involve changing the character of social life and politics from competitive to cooperative, encouraging moral and intellectual virtues, providing foundations for happy societies, promoting peace among countries and building a strong international community. I try to show that the essence of politics is not a struggle for power, which can only be its derivative meaning, but rather the ability to organize society for cooperation and actualize a good life. Also, I try to remind humanity of its high task, which is moral and intellectual perfection, and to advance human evolution. (shrink)

This article examines the flaw in the libertarian conception of the right to property. It argues that libertarians fail to recognize that, in a settled society, the right to amass property must be qualified and limited by the right of all people - including those without property - to have access to sufficient property for a satisfactory life.

Several recent arguments purport to show that omnipotence is incompatible with the possession of various necessary properties. These arguments appeal to one of two plausible but false principles about the nature of power: that if it is metaphysically impossible for a being to actualize a state of affairs, then that being does not have the power to actualize that state of affairs, or that if it is impossible given some contingent facts about the world that a being actualize a state (...) of affairs, then that being does not have the power to actualize that state of affairs. I pose several problems for both principles, thereby undermining the plausibility of these arguments. I then consider the implications of rejecting these principles for related principles in the free will debate. These implications suggest important differences between having the power to bring about a state of affairs, having a choice about whether it obtains, and being able to bring it about. (shrink)

How can one person’s having political power over another be justified? This essay explores the idea that such justifications must be in an important sense derivative, and that this ‘Derivative Justification Constraint’ bars certain justifications widely endorsed in political and philosophical debates. After critically discussing the most prominent extant articulations of the Constraint (associated with a view often called ‘political instrumentalism’), the essay offers a novel account of what precisely the Constraint bars (in short: justification by appeal to non-derivative goods (...) that include among their elements one person’s ruling over another), what motivates it (in a nutshell: a deeply non-instrumental concern for each person’s moral independence), and what it entails for how we may justify democratic political arrangements in particular. (shrink)

Physicalism is thought to entail that mental properties supervene on microphysical properties, or in other words that all God had to do was to create the fundamental physical properties and the rest came along for free. In this paper, we question the all-god-had-to-do reflex.

Switzerland is often dismissed as a quaint anachronism, fated sooner or later to join top-down, large, supra-national organizations like the European Union. But Switzerland has been, throughout her history, a laboratory for self-government and individual liberty. Her unique status in Europe and in the world can offer valuable insights into how we can nurture freedom, encourage prosperity and preserve a proper set of checks and balances in political institutions. This book deals with these and many other issues. Its authors delve (...) into subjects such as the nature of capitalism, the relevance of small states to preserve human liberty, the future of the welfare state, the consequences of financial regulation, among others. These essays were written in honour of Dr Tito Tettamanti on the occasion of his 85th birthday. A successful entrepreneur, Dr Tettamanti is also a man of letters, who has never grown tired of exploring the workings of a free society and the different dimensions of freedom. Economists, historians, businessmen, philosophers, and public intellectuals have contributed to this Festschrift to honour the man and his ideas. The result is an engaging journey through the history and the future of the free society. Individual freedom has profound roots in Switzerland and in Europe: in our political thought as well as in our political institutions. Its future, however, seems uncertain and faltering. This book provides food for thought for all those who care about it. (shrink)

Two clusters of essays in this issue of The Journal of Medicine and Philosophy provide a critical gaze through which to explore central moral, phenomenological, ontological, and political concerns regarding human moral agency and personal responsibility. The first cluster challenges common assumptions in bioethics regarding the voluntariness of human actions. The second set turns the debate towards morally responsible choice within the requirements of distributive justice. The force of their collective analysis leaves us with a well-founded basis critically to approach (...) any account of bioethics or health policy that is insufficiently attentive to the central challenges of human freedom and responsible free choice. (shrink)