Liberalism and Liberty

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private individuals. (...) Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

This paper is an attempt to identify certain consonances between contemporary liberalism and classical pragmatism. I identify four of the most trenchant criticisms of classical liberalism presented by pragmatist figures such as James, Peirce, Dewey, Addams, and Hocking: that liberalism overemphasizes negative liberty, that it is overly individualistic, that its pluralism is suspect, that it is overly abstract. I then argue that these deficits of liberalism in its historical incarnations are being addressed by contemporary liberals. Contemporary liberals, I show, have (...) taken on board a surprising number of classical pragmatist insights and have responded to a surprising number of classical pragmatist criticisms. I thus argue that both contemporary pragmatism and contemporary liberalism have much to gain by joining forces. (shrink)

Introduction to my three essays on the relevance of Karl Popper to contemporary social, political and philosophical problems.

The article explores the religious and philosophical origins of Volodymyr Vynnychenko’s ideas of “honesty with oneself,” “omnilateral liberation,” and “concordism.” Two treatises, Vidrodzhennia natsii (Rebirth of a Nation, 1919–1920) and Konkordyzm. Systema buduvannia shchastia (Concordism. A System of Building Happiness, 1938–1945), illustrate the development of Vynnychenko’s worldview. In the first work, social revolution was considered as the answer to human problems, while, in the second, such a solution was found in becoming one with the universe. Despite his negative attitude towards (...) religion, Volodymyr Vynnychenko actively used religious images and patterns in his writings. For instance, criticizing Christianity for its dogmatism, he nevertheless created his codex of thirteen rules of concordism, which had to harmonize the unbalanced forces of mankind with the universe. In this context, particular attention is paid to the significant influence of pagan concepts on Vynnychenko’s thinking. (shrink)

A standard liberal claim is that freedom of choice is not only instrumentally valuable but also intrinsically valuable, that is, valuable for its own sake. I argue that each one of five conditions is plausible if freedom of choice is intrinsically valuable. Yet there exists a counter-example to the conjunction of these conditions. Hence freedom of choice is not intrinsically valuable.

This article defends the thesis that, in light of the postulates of liberal ethics, it is not possible to put forward universal arguments in support of any form of marriage. The existing forms of marriage should be either deemed unjust or founded on specific arguments recognized within a particular political community and determining the understanding of justice in a particular society. It defends the thesis that the requirement of universality, and consequently of impartiality, is not met, since behind every form (...) of marriage there is a certain “minimum” anthropological approach. Marriage is discussed as a privilege granted to particular groups by the political community. The comments are made with reference to the discussion between Krzysztof Saja and Tomasz Sieczkowski concerning the problem of discrimination against same-sex couples in Polish legislation. (shrink)

Den Beteiligten des Politikbetriebs einschließlich Wählern, Aktivisten und Spitzenpolitikern fehlt häufig der grundlegende Sachverstand für die jeweiligen politischen Entscheidungen. Selbst Experten verstehen gesellschaftliche Mechanismen kaum und können deren Auswirkung kaum vorhersagen. Nur auf einfachste und unstrittige politische Behauptungen ist Verlass. Teilweise rührt das daher, dass politisches Wissen schwer zu erlangen ist, und teilweise daher, dass der Einzelne keinen ausreichenden Ansporn hat, es zu erlangen. Demzufolge besteht der beste Ratschlag an die politischen Akteure sehr häufig schlicht darin, gesellschaftliche Probleme nicht anzugehen, (...) zumal Eingriffe, die nicht auf einem genauen Verständnis beruhen, vermutlich mehr Schaden als Nutzen anrichten. -/- [This is a German translation of "In Praise of Passivity". Studia Humana 1,2 (2012): 12-28.]. (shrink)

Myriad contemporary public-policy issues--including physician-assisted suicide, medical marijuana, abortion, surrogate motherhood, gay rights, conscription, and markets in human organs--raise the following important question: what rights should individuals have over their own bodies? The concept of self-ownership offers one way to answer this question. Just as ownership of an external object involves having rights, liberties, powers, immunities, etc., with respect to it, so self-ownership involves having these incidents of ownership with respect to one's own body and labor power. Much of the (...) contemporary debate over self-ownership has been about which of these incidents should be included in its definition. This dissertation endorses a particular configuration of incidents called Control Self-Ownership, consisting of permanent rights in rem of use, exclusion, and transfer over one's own body and labor power. As I show, this conception of self-ownership is coherent--two of its incidents can be either directly or indirectly derived from the third--but it creates difficulties for the political theorists who use it. For example, liberal egalitarians' tentative adoption of CSO forces them to be not only more liberal but also less egalitarian than they would otherwise be, whereas libertarians' efforts to adopt CSO but also extend it to include a right to labor income are unsuccessful, leaving their opposition to redistributive labor taxation ungrounded. The dissertation also shows that CSO can act as a mediating concept between the abstract political value of autonomy and a variety of concrete policy prescriptions, including the decriminalization of victimless crimes and the abolition of forced labor. More specifically, I demonstrate that CSO is tightly linked to autonomy by developing two distinct but interrelated Kantian defenses of it. I also argue that CSO is highly inconsistent with several existing and proposed nonmarket institutions to allocate transplantable human organs but that it can provide moral support for markets in human organs. The dissertation concludes with a critical examination of anticommodificationist and social-contract critiques of self-ownership. (shrink)

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

In the 1980s and 1990s, a series of attempts were made to put into U.S. law a civil rights ordinance that would make it possible to sue the makers and distributors of pornography for doing so (under certain conditions). One defence of such legislation has come to be called "the free speech argument against pornography." Philosophers Rae Langton, Jennifer Hornsby and Caroline West have supposed that this defence of the legislation can function as a liberal defence of the legislation: in (...) particular, a defence of the legislation based on the value of women's liberty. This would be somewhat unexpected given MacKinnon's own antipathy toward liberalism. In this paper, I argue that the free speech argument against pornography cannot be used as a liberal defence of the ordinances. The legislation is, to some extent, self-defeating insofar as it understood in terms acceptable to a fairly standard kind of liberal. This becomes apparent when we consider the value pornography can have for women, which we can see if we consider what female makers, distributors and consumers of pornography have to say about why they make, distribute and consume it. (shrink)

This paper critically examines the ways in which dominant poly discourses position polyamorists among other queer and feminist-friendly practices while setting polygamists outside of those practices as the heteronormative and hyper-patriarchal antithesis to queer kinship. I begin by examining the interlocking liberal discourses of freedom, secularism and egalitarianism that frame the putative distinction between polyamory and polygamy. I then argue that the discursive antinomies of polyamory/polygamy demarcate a distinction that has greater affective resonance than logical validity—an affective resonance, moreover, that (...) is built on neocolonial framings of polygamy as barbaric and idealizations of polyamory that whitewash its practices. (shrink)

Cet article se veut une exploration du concept de propriété dans la pensée républicaine. Il sera question d’aborder notre réflexion avec la définition de la propriété de John Christmann, ce qui nous permettra de faire ressortir des nuances importantes dans le concept d’autonomie, notamment la nécessité, pour son existence, d’un certain contrôle. Nous verrons que le républicanisme, en insistant sur l’importance du contrôle comme élément fondamental à la liberté, offre un outil important pour le design des institutions économiques.

Bruce Kinzer offers a rich examination of personal and political themes in the life of the most influential liberal thinker of the nineteenth century. He investigates young Mill’s formative period and his relations with his father, Harriet Taylor, and Thomas Carlyle. He explore issues that bear upon our understanding of Mill as an engaged political thinker and actor. Kinzer offers a complex portrait of Mill's life and politics.

In this long-awaited volume, Jeremy Shearmur and Piers Norris Turner bring to light Popper's most important unpublished and uncollected writings from the time of The Open Society until his death in 1994. After The Open Society: Selected Social and Political Writings reveals the development of Popper's political and philosophical thought during and after the Second World War, from his early socialism through to the radical humanitarianism of The Open Society. The papers in this collection, many of which are available here (...) for the first time, demonstrate the clarity and pertinence of Popper's thinking on such topics as religion, history, Plato and Aristotle, while revealing a lifetime of unwavering political commitment. After The Open Society illuminates the thought of one of the twentieth century's greatest philosophers and is essential reading for anyone interested in the recent course of philosophy, politics, history and society. (shrink)

Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion has several important implications (...) for the debate on public reason. (shrink)

Recensie van: Christoph Menke, Tmgodie im Sittlichen. Gerechtigkeit und Freiheit nach Hegel. Frankfurt: Suhrkamp, 1996. Paul Cobben, Postdialectische zedelijkheid. Ontwerp voor een Hegeliaans antwoord op Heidegger, Habermas, Derrida en Levinas. Kampen: Kok Agora, 1996. Hegels rechtsfilosofie speelt in de hedendaagse discussie tussen communitaristen en liberalen een belangrijke rol. Hij wordt door sommigen beschouwd als iemand die de vrijheid van het individu het primaat geeft - een echte liberaal dus -, dan wel als iemand die het individu ondergeschikt maakt aan de (...) gemeenschap, omdat indivi- dualiteit slechts binnen een gemeenschap kan ontstaan. Deze discussie vormt ook een deel van de achtergrond van Tragodie im Sittlichen en Postdialectische zedelijk- heid. Christoph Menke en Paul Cobben betogen beiden dat Hegel weliswaar te- kortgeschoten is in het doordenken van (aspecten van) de verhouding tussen indivi- du en gemeenschap, maar dat reeds in zijn eigen werk aanwijzingen te vinden zijn voor een correctie daarvan. Menke richt zich daarbij nadrukkelijker op de kant van het individu, Cobben meer op een herschrijving van de inrichting van de gemeen- schap. (shrink)

The central idea of Rawls’s theory of justice is the idea of democratic society as a fair system of cooperation between free and equal citizens. The moral powers of democratic citizens are the capacities presupposed by this idea. Rawls identifies two such powers, the capacity for a conception of the good and the capacity for a sense of justice. I argue that the idea of democratic citizenship presupposes also a third moral power: the capacity for working. Since the basic rights (...) are the rights necessary for the development and exercise of the moral powers of citizenship; and since the capacity for working is such a moral power; and since access to work, education, and healthcare are necessary for the development and exercise of the capacity for working; access to work, education, and healthcare are basic rights. (shrink)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom as (...) independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

This paper is my last word, in the present journal, in the debate I have been having with Walter Block on the subject of evictionism as an alleged libertarian “third way,” capable of transcending the familiar “pro-life” and “pro-choice” dichotomy. In this debate, I myself defended what might be regarded as a qualified “pro-life” position, while Block consistently argued that the mother is morally allowed to expel the fetus from her womb provided that no non-lethal methods of its eviction are (...) available. While my position articulated in this paper contains an element of what Block might consider a concession on my part—i.e., an explicit declaration that abstaining from lethal evictions of fetuses conceived as a result of rape is a libertarian duty, but only an imperfect one—I continue to regard the unqualified support of evictionism as indefensible on libertarian grounds. (shrink)

(2001). Atomists, Liberals and Civic Republicans: Taylor on the Ontology of Citizenship. Australasian Journal of Philosophy: Vol. 79, No. 4, pp. 465-478.

In addition to his Noble Prize-winning work in economics, Milton Friedman produced some of the most influential philosophical work on the role of government in a free society. Despite his great influence, there remains a dearth of scholarship on Friedman’s social and political philosophy. This paper helps to fill this large void by providing a conceptual analysis of Friedman’s theory of freedom. In addition, I argue that a careful reading of his arguments for freedom ought to lead Friedman, and like-minded (...) liberals and libertarians, to give absolute priority to his negative income tax proposal. A substantial basic income furthers effective economic freedom (on Friedman’s own understanding), redeems his central claim that markets enable cooperation without coercion, and enables him to address his lifelong interlocutors by mitigating concerns for the ways in which economic dependence and inequality undermine both freedom and democratic legitimacy. (shrink)

The War on Drugs has been waged primarily for cultural reasons, i.e., to enforce the Protestant Work Ethic. It does not serve a rational utilitarian function.

This book concludes with the suggestion that Aristotelian tradition "is perhaps the only remaining unexplored source for providing liberalism with the kind of secure moral footing it desperately needs". The suggestion seems preposterous on the face of it. In this case, however, the suggestion is a summation of all the considerable analysis that has gone before. The entire book consists of a demonstration of the fact that the quintessentially modern and liberal notion of fundamental rights for individuals ultimately requires the (...) quintessentially ancient Aristotelian notion of nature. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

How could a state have the moral authority to promulgate and enforce laws that citizens are thereby obliged to obey? That is the problem of political authority. The Consequentialist Explanation of Political Authority contends that great social benefits depend upon there being a state with political authority. In his book, The Problem of Political Authority, Michael Huemer considers different types of explanation of political authority and he rejects them all. I show that the objections he raises to consequentialist accounts are (...) confused and that they fail to connect with the Consequentialist Explanation of Political Authority. Huemer argues that anarchy of a particular kind would be better than the states that exist in current Western societies. I explain why that argument, if it were successful, would be an effective objection to the Consequentialist Explanation of Political Authority. (shrink)

The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.

A brief outline of the case for organ sales.

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” but (...) must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

Philip Pettit (2001) has suggested that there are parallels between his republican account of freedom and Amartya Sen's (1970) account of freedom as decisive preference. In this paper, I discuss these parallels from a social-choice-theoretic perspective. I sketch a formalization of republican freedom and argue that republican freedom is formally very similar to freedom as defined in Sen's “minimal liberalism” condition. In consequence, the republican account of freedom is vulnerable to a version of Sen's liberal paradox, an inconsistency between universal (...) domain, freedom, and the weak Pareto principle. I argue that some standard escape routes from the liberal paradox – those via domain restriction – are not easily available to the republican. I suggest that republicans need to take seriously the challenge of the impossibility of a Paretian republican. Footnotes1 I am grateful to Luc Bovens, Geoffrey Brennan, Keith Dowding, Philip Pettit, and Wlodek Rabinowicz for very helpful comments and discussion. (shrink)

Liberty after Liberalism frees the concept of the active citizen from both the territorial confines of the nation-state and the limits imposed by republican, city-state models. Lawrence Quill advances a theory of global republicanism, one that is able to respond directly to the changing realities of political life. By adopting a "publicly ironic" approach to politics, Quill revives the idea of public freedom within a global context thereby providing an important supplement to contemporary theories of cosmopolitan democracy.

This paper considers the economic case for so-called sweatshop wages and working conditions. My goal is not to defend or reject the economic case for sweatshops. Instead, proceeding from a broadly pluralist understanding of value, I make and defend a number of claims concerning the ethical relevance of economic analysis for values that different agents utilize to evaluate sweatshops. My arguments give special attention to a series of recent articles by Benjamin Powell and Matt Zwolinski, which represent the latest and (...) best defense of the economic case for sweatshops. In the process, I challenge Zwolinski’s “non-worseness claim” (NWC), and the idea that opposition to sweatshop wages and working conditions fails to respect that the autonomy of would-be sweatshop workers. Ultimately, I conclude that even if the economic case for sweatshops rests on a solid empirical foundation, agents possess good reason to advocate for better wages and working conditions for sweatshop workers, and to prefer less exploitative or coercive relationships. Sweatshop labor undermines a compelling vision of free markets, according to both Kantian and republican conceptions of freedom, and the relationships formed by those who participate in such markets. (shrink)

Milton Friedman and Amartya Sen have a lot in common. Both are Nobel Prize-winning economists who venture beyond the more technical questions of positive economics to demonstrate the relevance of their expertise to philosophy and public policy. Their social and political philosophy, including normative theorizing from their work and the work of other economists, comprises arguably the most influential part of their corpus. Like most Americans, both Friedman and Sen are liberals, in the sense that they argue that social arrangements (...) should be assessed according to their tendency to further the liberty of individuals. In addition, both demonstrate the deep link between political and economic institutions, and articulate the ways in which an individual’s freedom (or lack thereof) in one sphere impacts her freedom in other spheres. -/- Despite these and other similarities, there is an immense partisan divide between the followers of their work in American politics (in particular). Friedman’s work is championed by so-called neo-liberals – a group that has come to dominate the political and economic right in the United States - providing the philosophical foundation for demands for limited government and free markets. Both critics and plaudits regard Friedman as the “intellectual architect” of the free-market policies of the Republican Party, from Ronald Reagan forward. Sen’s work, on the other hand, is frequently utilized to defend so-called progressive policies in the U.S. and abroad. Such policies, many argue, further the effective or substantive freedom of individuals (an idea associated with early socialist thought). This essay begins an overdue systematic analysis of their social and political philosophy, focusing on the central driving concept for both theorists: the idea of freedom. With this study in hand, I recommend a pragmatic, pluralist understanding of freedom in the United States and elsewhere. (shrink)

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious movements. Moreover, (...) though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed interest (...) in Kant’s conception of free speech, including his account public reason. Kant’s position provides resources for dealing with many of the legal and political problems we currently struggle to analyze under this heading, such as the proper distinction between the sphere of justice and the sphere of ethics, hate speech, freedom of speech, defamation, and the public guarantee of reliable media and universal education. (shrink)

Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are (...) nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism. (shrink)