Liberalism and Liberty

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)

When is it legitimate for a government to ‘nudge’ its citizens, in the sense described by Thaler and Sunstein (2008)? In their original work on the topic, Thaler and Sunstein developed the _‘as judged by themselves’ (or AJBT) test_ to answer this question (Thaler and Sunstein 2008, p. 5). In a recent paper, Paul and Sunstein (2019) raised a concern about this test: it often seems to give the wrong answer in cases in which we are nudged to make a (...) decision that leads to what Paul calls a _personally transformative experience_, that is, one that results in our values changing (Paul 2014). In those cases, the nudgee will judge the nudge to be legitimate after it has taken place, but only because their values have changed as a result of the nudge. In this paper, I take up the challenge of finding an alternative test. I draw on my _aggregate utility account_ of how to choose in the face of what Ullmann-Margalit (2006) calls _big decisions_, that is, decisions that lead to these personally transformative experiences (Pettigrew 2019, Chapters 6 and 7). (shrink)

Bernard Williams articulated his later political philosophy notably in response to Ronald Dworkin, who, striving for coherence or integrity among our political concepts, sought to immunize the concepts of liberty and equality against conflict. Williams, doubtful that we either could or should eliminate the conflict, resisted the pursuit of conceptual integrity. Here, I reconstruct this Dworkin–Williams debate with an eye to drawing out ideas of ongoing philosophical and political importance. The debate not only exemplifies Williams's political realism and its connection (...) to his critique of the morality system. It also illustrates the virtues and hazards of contemporary efforts to ameliorate or engineer our concepts; it indicates what political philosophy might look to in appraising political concepts; it adverts to the different needs these concepts have to meet if they are to sustain a politics of pluralism, deal with polarization, and secure the consent of those who end up on the losing side of political decisions; and it presents us with two starkly contrasting conceptions of politics itself, of the place of political values within it, and of our prospects of reducing the uncomfortably conflictual character of those values through philosophy. (shrink)

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

Liberalism has a complicated and sometimes uneasy relationship with truth. On one hand, liberalism requires that truth be widely valued and widely shared. It demands that governments be truthful and that citizens have ready access to numerous truths. Some liberals even take facilitating the discovery and dissemination of truth to be part of the raison d’être of liberal institutions. On the other hand, liberalism is averse to proclaiming or enforcing truth. It detaches truth from political legitimacy and deems certain truths (...) unfit to serve as bases of government. Some liberals have even suggested that liberal theory must work “without the concept of truth.” How has liberalism come to both demand truth and eschew it? This introductory section provides the beginnings of an answer by surveying some of the origins and core elements of liberal thought. (shrink)

Die Covid-19-Pandemie und der Umgang mit ihr sind eine immense Herausforderung, nicht zuletzt für das philosophische Denken. Unter dem Brennglas der Coronakrise stellen sich viele Fragen schärfer und dringlicher als zuvor: etwa über die Berechtigung von Freiheitseinschränkungen, Vertrauen als politische Kategorie, die Schutzpflichten des Staates, Freiwilligkeit und Zwang, den gerechten Umgang mit Versorgungsengpässen in der Medizin oder über verantwortungsvolle Krisenkommunikation. Die Gesellschaft für Analytische Philosophie (GAP) hat einen Essay-Wettbewerb ausgerufen: »Nachdenken über Corona«. Dieser Band versammelt die Texte der drei Preisträger (...) und die besten Essays aus mehr als 100 Einsendungen. (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...) as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)

How poor are they that have not patience! What wound did ever heal but by degrees? Thou knowest we work by wit and not by witchcraft, And wit depends on dilatory time. —Othello II: iii. Have you abandoned your engagement with the project of enlightenment, liberty, and progress because you have grown cynical about the effectiveness of sound argument? When someone tells you you’re wasting your time arguing with them because argument is an illusion, do you have an answer? Today, (...) it’s popular to depict people as irrational puppets of charismatic leaders, drawn unwittingly along by the emotional tides of crowds, mesmerised by the visual propaganda of flag-waving parades and historical statues glistening in the light of ideological firework displays. Witness the otherwise excellent periscopes of Scott Adams. We are told that we are living in a Post-Truth society. Logic and truth are irrelevant. Facts and logic don’t persuade, and “master persuaders” such as Donald Trump avoid them. Adams writes: “A good general rule is that people are more influenced by visual persuasion, emotion, repetition, and simplicity than they are by details and facts…If you’re using super-strong persuasion, you can be wrong on the facts, and even the logic of your argument, and still win.” Scott Adams is in the same tradition of thought as Danielle Kahneman, author of Thinking, Fast and Slow [2011], and winner of the Nobel prize in bias-research. This tradition emphasises the irrational and assumes that biases expose the irrational in humans. Kahneman carefully refrains from saying that humans are robots or 90% irrational, as Adams is inclined to say, but his emphasis still lies on the irrationality of humans. This now fashionable line of thought — though full of fascinating research — can be deeply misleading and demoralising for those committed to sound argument. Fortunately, there is no cause for despondency. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining occurs in (...) three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (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.

Some Confucian scholars have recently claimed that Confucian political meritocracy is superior to Western democracy. I have great reservations about such a view. . . .

Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s will by (...) threatening to inflict harm, in the absence of general rules of conduct. According to the logic of the argument, welfare-state provisions are not coercive insofar as they do not allow the identification and discriminatory treatment of individuals. By contrast, we claim that a structure of coercion is likely to emerge from the command-and-control nature of protectionist institutions and immigration restrictions currently advocated by the radical right. (shrink)

Vinten looks at the relationship between Wittgenstein’s philosophy and the social sciences as well as at the ideological implications of Wittgenstein’s philosophy and applications of Wittgenstein’s philosophy to problems in social science. He examines and assesses the work of thinkers like Richard Rorty, Perry Anderson, and Chantal Mouffe. -/- “Robert Vinten has produced an impressively meticulous and wide-ranging discussion of how Wittgenstein’s mature philosophy can revitalize the social sciences. There is insight and scholarship on every page. This important book will (...) open up new possibilities for both philosophers and social scientists.” —Leonidas Tsilipakos, Lecturer, University of Bristol, UK. (shrink)

The idea that healthcare should become more person-centred is extremely influential. By using recent English policy developments as a case study, this article aims to critically analyse an important element of person-centred care, namely, the belief that to treat patients as persons is to think that care should be ‘co-produced’ by formal healthcare providers and patients together with unpaid carers and voluntary organizations. I draw on insights from political philosophy to highlight overlooked tensions between co-production and values like equality and (...) liberty. Regarding equality, I argue that co-production compounds both problems of gender inequality in the distribution of care labour and the challenges associated with securing equal access to care. Turning to liberty, I identify important commonalities between co-production and republicanism in political philosophy, given their shared insistence on common citizens’ civic virtue. Then, I use against co-production some liberal arguments against republicanism, to highlight a problem of over-demandingness. In bringing my argument to a close, however, I wish to caution against hastily rejecting co-production as a policy programme. (shrink)

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

Arendt presents her defense of political freedom as a challenge to the liberal convention, which allegedly conceptualizes freedom as “freedom from politics.” But her comments on liberal theories of freedom are scattered and unsystematic, and they raise a series of questions. Is her understanding of liberal freedom accurate? If it is not, why does she misconstrue liberal freedom as she does? And does her limited understanding of liberalism undermine her defense of political freedom? This chapter aims to answer these questions. (...) The first half clarifies Arendt’s (mis-)understanding of liberal freedom. The latter half critically evaluates her challenge to liberal freedom and considers what is alive in it over a half-century later. (shrink)

In Public Reason Confucianism, Sungmoon Kim presents an important Confucian political theory that seeks to combine a specific conception of Confucianism and the ideal of public reason. My article examines this theory and identifies some of the theoretical complications with Rawlsian public reason.

Neorepublicans like Philip Pettit and Frank Lovett claim that neorepublicanism provides a superior normative research program compared to egalitarian-liberalism. Particularly, they argue that neorepublicanism offers a better justification of redistributive policies, which are normally associated with egalitarian-liberalism. According to Lovett and Pettit, the neorepublican justification is superior because it rests on parsimonious theoretical assumptions and is more suitable to persuade people of redistributive institutions. We contest these claims on the grounds of methodological and substantive moral reasons. We argue that the (...) neorepublican arguments claiming rhetorical effectiveness and parsimony rest on methodological presuppositions that reflect an unattractive understanding of political philosophy. Additionally, since neorepublicanism lacks a (thin) theory of the good, it does not provide a sufficient basis for justifying redistributive policies. (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)

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)

Confucian scholars should satisfy two conditions insofar as they think their theories enable Confucianism to make contributions to liberal politics and social policy. The liberal accommodation condition stipulates that the theory in question should accommodate as many reasonable conceptions of the good and religious doctrines as possible while the intelligibility condition stipulates that the theory must have a recognizable Confucian character. By and large, Joseph Chan’s Confucian perfectionism is able to satisfy the above two conditions. However, contrary to Chan and (...) many other Confucian scholars, I argue that any active promotion of Confucianism will violate the liberal accommodation condition. I propose the “wide view of moderate perfectionism,” which enables Confucianism to shed light on a wide range of political and social issues without promoting Confucianism actively. Thus, I present a new approach to the long-standing question of how Confucianism may improve political and social development in a liberal society. (shrink)

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)

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)

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)

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)

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)

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)

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.

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)

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)

Liberalism, historically, is closely associated with increased toleration, so it is unsurprising that a variety of contemporary authors (Hampton, Kukathas, Barry, Ten) consider toleration to be “the substantive heart of liberalism” (Hampton 1989, 802). The precise role of toleration in liberalism, though, is unclear; different liberals have different views. In this essay, I will discuss three sorts of liberal theories and indicate how they approach questions of toleration, arguing that one of them supports toleration of more sorts of activities (including (...) speech acts and lifestyles) than the others. While I think this is reason to favor that sort of theory, I will not defend that claim. Some reasonably think (and defend the view) that though toleration is of value, its limits should be drawn more narrowly. (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)

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)

ABSTRACT:This article 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”, 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)

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)

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)

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.

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)

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 (inter)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)

Public health policy often limits people’s liberty for their own good. The very point of many types of public health measures is to restrict people’s options in order to stop them from doing unhealthy things, for example use harmful recreational drugs or drive without a seatbelt. While such restrictive public health policies enjoy widespread support, so does the traditional liberal idea that liberty (or autonomy) is a higher value, to be given priority in most, if not all, circumstances. In this (...) text, I will defend the thesis that liberty is an important value, but with no claim to priority. (shrink)

In a recent article in Space & Polity, Nezar AlSayyad and Ananya Roy draw suggestive analogies between medieval urban forms and troubling contemporary realities, such as gated urban enclaves and impoverished squatter settlements. Invoking the medieval city as an analytical device, they show how several prevalent urban practices of citizenship are in tension with, and sometimes flatly contradict, liberal complacencies and democratic hopes. However, this article suggests that there is another story to be told, using some of the medieval cities (...) they invoke to critical ends. The narrative highlights the ways in which certain medieval spatial and civic forms might enrich liberal and democratic aspirations, helping us to re-imagine at least two core values of liberal democratic citizenship. (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)