This chapter contains sections titled: What is a ‘Tolerant Society’? Respect and Appreciation of Difference Alternatives for Education Notes References.

The cluster of concerns usually identified asmatters of privacy can be adequately accountedfor by unpacking our natural rights to life,liberty, and property. Privacy as derived fromfundamental natural rights to life, liberty,and property encompasses the advantages of thecontrol and restricted access theories withouttheir attendant difficulties.

The words “liberty” and “liberalism” have a common root, reflecting the commitment of the original or classical liberals to a free society. Over the last century, the latter term has come to represent a political position that is willing to sacrifice liberty in the economic realm for the sake of equality and/or collective welfare. As a consequence, those who wish to reaffirm the classical version of liberalism – those who advocate liberty in economic as well as personal (...) and intellectual matters – have invented a new word from the old root; they call themselves libertarians. Both in doctrine and in etymology, then, partisans of this view define themselves by their allegiance to liberty. Yet they spend most of their day-to-day polemical energies defending property rights and the economic system of laissez-faire capitalism that is based upon such rights. Evidently there is a strong link between liberty and property at work here. What is that link? The history of political thought is full of ideas and controversies about precisely this question. My goal here is to raise the question in a specific form, one that I think captures a basic difference in approach between classical liberals and most libertarians today. The difference is not in the substance of the position – it is not a disagreement about how the ideal society would be constituted – but rather in the way the position is to be defended. The key question is: can the right to property be derived from the right to liberty? Of course a property right is a right to kind of freedom. (shrink)

Mary-Elaine Swanson has done an invaluable service for this and subsequent generations by resurrecting awareness and presenting an accurate knowledge of John Locke and his reasoning through an uncensored view of his life, writings, and incalculable influence on America. This book will help Americans understand the importance of Locke's thinking for American constitutionalism today. You will learn the real meaning of the "law of nature" as it was embraced in Colonial America, and the separation of church and state embraced in (...) the Constitution. The Founding Fathers looked to Locke as the source of many of their ideas. Thomas Jefferson considered Locke as one of the three greatest men that ever lived. Locke's contributions to American Liberty can clearly be seen interwoven in our colonial Declarations of Rights, paraphrased in our Declaration of Independence, and incorporated into our Constitution and Bill of Rights. The Declaration is born of the extensively studied and widely taught Treatises On Civil Government by John Locke. There Locke reasoned the very purpose of forming civil government is the protection of property, and that "life, liberty, and property (pursuit of happiness)" are not three separate rights but intrinsically one great and inalienable right he called "property"--which begins with the life of the individual, then his liberty which is essential to his productivity, followed by the right to enjoy the fruits of his labors without fear that the government will confiscate his property. These inalienable rights are from God and legitimate government has no authority to take them away but is chartered in fact to preserve and protect liberty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics by Paul SagarJames A. HarrisPaul Sagar. Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics. Princeton, NJ: Princeton University Press, 2022. Pp. xii + 229. Hardback, $37.00.Paul Sagar's invigorating book is a reconsideration of Adam Smith in the sense that it challenges much that is received wisdom in current scholarship. First and foremost, (...) it rejects the idea that Smith was preeminently a moral philosopher concerned with the threat to civic virtue posed by commercial society, and yet intent on giving commercial society a moral vindication nevertheless. Sagar—rightly, in my view—wants us to recognize Smith as having been a political thinker. Too much work on Smith still assumes that there is not much to say [End Page 323] about his political thought because he regarded all but the most minimal government as an obstacle to the proper functioning of markets. Smith is supposed to be a "classical liberal" bent on preserving as much natural liberty as possible in the face of government's relentless overextension of its powers of regulation. In Adam Smith's Politics: An Essay in Historiographic Revision (Cambridge: Cambridge University Press, 1978), Donald Winch rejected that approach to Smith in favor of a portrait of the author of The Theory of Moral Sentiments and The Wealth of Nations as an eighteenth-century thinker with an eighteenth-century thinker's concerns. Sagar's project is quite different. This is a book on Smith's political thought that does not once deploy the term 'Whig.' Sagar's Smith does not wholly float free of his historical situation—the questions he addresses are those posed by the end of feudalism and the advent of modernity—but situating him in the particular circumstances of Britain in the age of revolutions is not Sagar's concern. As Sagar sees it, the fundamental issues addressed by Smith's political thought concern the distinctive form taken by commercial society in the modern era. Smith, according to Sagar, held that all advanced societies are commercial societies. Commercial society as such needed no vindication. The question, rather, was what kind of commercial society a modern state wanted to be. That was a political question insofar as it was a question about the kind of freedom that mattered and about the kind of institutions needed to make that freedom a reality.Defined in maximally general terms, freedom for Smith was the absence of domination, where domination is understood as a lack of security in respect of one's physical safety and possessions. The condition of the poor and powerless had always been one of subjection to the will of the rich and powerful. What changed that, according to Smith, was implementation of the rule of law. This is in itself not a new reading of Smith, but what distinguishes Sagar's version of it is the care with which he examines both the place of the rule of law in Smith's historical account of the emergence of liberty in modern Europe and the precise nature of the connection between the rule of law and freedom. First, on Sagar's view, there needed to be a comprehensive picture of domination and slavery, which had been the normal condition of almost everyone for almost all of human history. Then there needed to be an explanation of how it was that, at one particular historical moment, domination was slowly but surely challenged by the emergence of law and law courts considered as independent of political power. In England, this was the story of the common law and of judges who held office for life, rather than at the pleasure of traditional possessors of power. It was the story of security in property, of the backing of property by law, and it was a largely urban story, of burghers who managed to enlist monarchs on their side in the battle against the barons. It was, in other words, in large part a medieval story, and one consequence is that there was more to say about the rise of liberty in the modern age than that it was caused inadvertently by... (shrink)

'Man being born...to perfect freedom...hath by nature a power...to preserve his property, that is, his life, liberty and estate.'Locke's Second Treatise of Government is one of the great classics of political philosophy, widely regarded as the foundational text of modern liberalism. In it Locke insists on majority rule, and regards no government as legitimate unless it has the consent of the people. He sets aside people's ethnicities, religions, and cultures and envisages political societies which command our assent because (...) they meet our elemental needs simply as humans. His work helped to entrench ideas of a social contract, human rights, and protection of property as the guiding principles for just actions and just societies.Published in the same year, A Letter Concerning Toleration aimed to end Christianity's wars of religion and called for the separation of church and state so that everyone could enjoy freedom of conscience. In this edition of these two major works, Mark Goldie considers the contested nature of Locke's reputation, which is often appropriated by opposing political and religious ideologies. (shrink)

Liberty and Law examines a previously underappreciated theme in legal history―the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm (...) of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government. Several kinds of permissive natural law were identified. Permission could be positive or negative, depending on whether it was specifically conceded by a legislator or only tacitly allowed. It could free from sin or merely remit some temporal punishment that was due. It could commend some conduct without commanding it or permit some evil without condoning it. Medieval canonists used the concept of permissive natural law to harmonize the discordant texts that they found in their sources; William of Ockham found it a powerful tool in his defense of Franciscan poverty against papal criticisms; for Richard Hooker it justified both the constitutional structure and the ritual practices of the Anglican church; John Selden used it to uphold the inviolability of contracts, most importantly the contract of government; Hugo Grotius made it a central theme in his treatment of the conduct permissible in waging war; in the eighteenth century Jean Barbeyrac and Jean-Jacques Burlamaqui associated the idea with the emerging doctrine of natural rights. In Liberty and Law, Tierney has presented us with a magisterial and provocative way of interpreting legal history. (shrink)

I argue along the following lines: For Wollstonecraft, liberty is independence in two different spheres, one presupposing the other. On the one hand, liberty is independence in relation to others, in the sense of not being vulnerable to their whim or arbitrary will. Call this social, or political, liberty. For liberty understood in this way, infringements do not require individual instances of interfering. Liberty is lost in unequal relationships, through dependence on the goodwill (...) of a master. In addition, liberty is independence of mind, a state I am in when I trust my own reasoned judgement above any other authority. Call this moral liberty. Moral liberty needs social liberty. In other words, to the extent I am subject to the whim of others, I am not in a position to be guided by my own judgement. Moral liberty is one of two aspects of virtue: a disposition to independent deliberation according to reason. As such, virtue is a habit of mind. The second aspect of virtue is universal benevolence as its action guiding principle. This is how liberty, equality, and virtue fit together. Social liberty, understood as independence in relation to others, necessarily coexist with equality, and is necessary for moral liberty, the habit of mind that makes up one aspect of virtue, as well as for universal benevolence as virtue’s action guiding principle. This triad explains her views on property, on sex equality, and also on legitimate government. My second line of argument is that according to Wollstonecraft, we have a duty to be virtuous. Virtue is the main object of human life. But since virtue, in both its aspects, needs social liberty and since liberty is the birthright of man, the duty is conditioned on the right. The foundation for the triad of liberty, equality, and virtue is a theory of rights. The basis for the discussion of virtue is the right to the conditions necessary for its realization. The duty is conditioned on the right to liberty. (shrink)

In this article, I consider recent debates on the notion of procreative liberty, to argue that reproductive freedom can be understood as a form of positive freedom—that is, the freedom to make oneself according to various ethical and aesthetic principles or values. To make this argument, I draw on Michel Foucault’s later work on ethics. Both adopting and adapting Foucault’s notion of ethics as a practice of the self and of liberty, I argue that reproductive autonomy requires (...) enactment to gain meaning within the life contexts of prospective parents. Thus, I propose a shift away from the standard negative model of freedom that sees it solely as a matter of noninterference or nonimpedance, a view advocated by major commentators such as John Harris and John Robertson. Instead, reproduction should be understood as a deeply personal project of self-making that integrates both negative and positive freedom. (shrink)

Property and political obligation are central issues of Locke's Two Treatises of Government. It is agreed that obligation is somehow contingent upon the government's protecting the property of its members. But ‘property’ in the Two Treatises had two meanings — in the state of nature usually referring to material possessions but in civil society meaning ‘life, liberty and estate’ — and its relationship to political obligation is complex. This complexity results from Locke's varying accounts of the movement from the (...) state of nature to civil society: he combined a traditional natural law justification of ownership with a legalist and semi-Aristotelian conception of the ends of and limitations on the state; he failed to provide a full account of the obligation of landless residents; he left unsettled difficulties inherent in the concept ‘property’ itself. Locke's notions of ‘trust’ and the ‘public good’ pointed to solutions to be worked out by future generations. (shrink)

There's no shortage of gloom-and-doom viewpoints about humanity: our history of violence and war, environmental profligacy, economic and social injustice, etc. Frank S. Robinson has written this "optimist manifesto" as an antidote to such poisonous pessimism. Here you will find some radical and refreshing assertions: that most people are fundamentally good, that global society is getting better all the time, and that, in the big picture, humankind is not at the end of a brief, tragic existence but, rather, has just (...) embarked on a long, bright future. What started as an extended letter to his daughter, one father's effort to leave an intellectual legacy, grew to comprehensively cover and tie together the big philosophical, political, social, and economic issues. Writing in a highly readable style, Robinson steadfastly emphasizes reason as our best tool for discovering truth and making objective decisions. It is through this consistently rational approach to life that he argues for a positive humanistic vision, based on people being left free to pursue their dreams. Celebrating our human character and achievement as well as American ideals of liberty and opportunity, this compelling work is packed with thought-provoking ideas that engage the mind. Good-humored and entertaining, yet intellectually rigorous, it has a positive, optimistic message: we can live good and happy lives; today's world is the best ever; and tomorrow's will be better still! (shrink)

Hājjī Bayrām Walī’s religious guidance activities that he took over from Somuncu Baba (Ḥamīd al-Dīn Aqsarāyī) were not limited with Ankara and nearby it. These activities continued by expanding with Bayrāmī tekke lodges and zāwiyas which were established by khalīfas trained by him. As a result of this expanding, Shaykh Luṭfullah, one of the khalīfas, led to establishment of waqf and works related to it such as mosque, madrasah and zāwiya in Balıkesir and nearby it. There has not been any (...) detailed study about life of Shaykh Luṭfullah and his services. In this article, the waqf established by Shaykh is analyzed in terms of its trustees, sources of income, in charges, repairs and inspection of zāwiya. Documents analyzed for this article present that Shaykh Luṭfullah contributed to taking shape of religious and cultural structure of Balıkesir and nearby it in the 15th century. His services were not only on spritual bases under the roof of the mosque but he also had an effect on the economic, social and educational life of the region. Thus, Shaykh Luṭfullah and his zāwiya set an important example of the active and dynamic aspect of Anatolian wisdom (irfān) involved in life.Summary: Hājjī Bayrām Walī’s religious guidance activities that he took over from Somuncu Baba (Ḥamīd al-Dīn Aqsarāyī) were not limited with Ankara and nearby it. These activities continued by expanding with Bayrāmī tekke lodges and zāwiyas which were established by khalīfas trained by him. Hājjī Bayrām Walīwas one of the leading sufis who contributed to the formation of sufistic educational tradition. He played a role as an important attraction center in the middle of Anatolia and provided guidance for significant individuals such as Aq Shams al-Dīn (d. 863/1459), Yazıcızāde Muḥammad Bīcān (d. 855/1451) and Eşrefoghlu Rūmī (d. 874/1469-70?). One of such individuals, who completed his spiritual journey under the guidance of Hājjī Bayrām Walīwas Shaykh Luṭfullah from Balıkesir. He became khalīfa at the end of his duty with Hājjī Bayrām Walī. Luṭfullah Efendi descended from Isfendiyarids ancestry. He had left his job, in which he held a high position, and attended to the sect and settled in Balıkesir city. There is limited information about him, but it is known that he went to Ankara in order to help to establish Turkish bath upon the request of some significant figures of the time and there he met his mentor Hājjī Bayrām Walī. As a result of their conversations, the two became close to each other.Shaykh Luṭfullahinvited Hājjī Bayrām Walīto Balıkesir where their relation continued and increased. Luṭfullah Efendi established a beautiful house for his Shaykh Hājjī Bayrām Walīwho stayed in Balıkesir for a while. When he left for Ankara, the Shaykh charged Luṭfullah Efendi with the duty of spreading Bayrāmiyyateachings in Balıkesir and its neighborhood by entitling him as ‘Khalīfa’. Besides the fact that the exact date of his death is not known, it is recorded that Luṭfullah Efendi died at the beginning of the period of Meḥmed II’s (1451-1481) reign. His tomb is located in ahazire(an Ottoman word used for burial area reserved for special people especially in mosques or sufi lodges) in the Mosque called with his name after his death. It is known that Shaykh Luṭfullah had a son named Bahā’ al-Dīn (d. 895/1489-90)and a grandson named Shaykh Muḥyīal-dīn Meḥmed (d. 952/1545-46). Shaykh Luṭfullah carried out significant services in the mosque and zāwiya, which he built with his own budget and he contributed to various important and permanent services that continued throughout centuries. However, as much as we could determine, there is no study about the waqfor service fields of his buildings. In this article, the goal is to analyze some of the tangible surviving heritages of Shaykh Luṭfullah. The analysis is based on the documents in the related archives. In this context, mosque/waqfestablished by Shaykh Luṭfullah Efendi is analyzed under the subtitles of “administrator, resources of income/real properties, his servicemen, renovations-expenses of the mosque and inspection of the zāwiya”. Based on the relevant archive documents, it is understood that after the death of Shaykh, in order to be able to continue the services of the mosque and zāwiya, the authority of ruling his waqfpassed to his son, MawlānāBahā’ al-Dīn. It is known that Bahā’ al-Dīnwas very careful about the distribution of his father’s waqfincomes among the ones in need. He also established a sūfī-hāne building in Balıkesir. After Bahā’ al-Dīn, his son Muḥyīal-dīn Meḥmed (the grandson of Shaykh Luṭfullah) took the charge of the waqf. After his period, this duty continued to be spread among his ancestry until the beginning of the last century. The waqfcontinued to the services through the income obtained from the real estates. Based on the analyzed documents, it is determined that income-expense calculations of the waqfwas inspected from time to time, and the services of zāwiya was controlled occasionally in order to see if they continue to do so. Shaykh Luṭfullah Mosque, one of the most important historical artifacts in Balıkesir, has served Muslims for almost five hundred years and it went through various kinds of repairs. It is deemed suitable to analyze reparations, expansions and renovations in two different groups: Before Balıkesir earthquake in 29 January 1898 and after the earthquake. It is important to know that almost fifty percent of houses and buildings in Balıkesir city center was completely destroyed, many people died or seriously injured in the earthquake. Shaykh LuṭfullahMosque was completely demolished as well. It should be mentioned that the mosque had already been in bad condition before the earthquake. According to a document written one week before the earthquake, the mosque was very old and it could not meet the demands of the community any more as it was so small. After the devastating earthquake, ‘Abd al-Ḥamīd II ordered its renovation. Upon this order, the mosque was rebuilt and expanded. The name of ‘Umar ‘ᾹlīBey, Mutasarrıf(governor of an Ottoman province) of Qarasīis mentioned in the documents about the renovation of various buildings including Shaykh Luṭfullah Mosque after the 1898 Balıkesir earthquake. It is seen that various services in different positions were provided in Shaykh Luṭfullah Mosque where the mosque workers were the ones who mainly carried out these services. These duties were: “Imamate, oratory, muezzin-tutor, ministry and nāsih, children’s teacher, ferrāş, tabbākh and supervision”. These duties show that besides religious services, Shaykh Luṭfullah waqfused to provide educational services as well. On the other hand, based on the analyzed documents, we can assume that the needy could eat in this center, which used to serve like a social aid and solidarity waqf. In this article, specific detailed information is presented about some workers served in the waqf. Information about the name, date and salary of these workers is also included. When the waqfand services of Shaykh Luṭfullah are analyzed, it can be seen that he was a significant figure, carried out important missions just like his mentor Hājjī Bayrām Walī. It should be noted that Luṭfullah Efendi used to conduct sufistic conservations in the mosque he established but did not make religious ceremonies in his zāwiya in Mihaliç (Karacabey); he preferred to transform it into a center in which the needy can be fed and provided for their needs. In this respect, the Zāwiya of ShaykhLuṭfullah sets a significant example, which duly presents the active and dynamic aspect of Anatolian wisdom. (shrink)

Usually a relational approach, such as one appealing to care or love, is contrasted with an account of justice. In this chapter, however, I argue that distributive justice is well conceived as itself a matter of honouring people in virtue of their capacity to love and to be loved. After spelling out a familiar conception of love, I explain how treating people with respect in light of this capacity provides a plausible basis for human rights, one that rivals influential individualist (...) foundations such as Kantian respect for autonomy and Catholic honor of human life. I also articulate an egalitarian conception of how to allocate wealth that I argue is also a function of treating people's ability to love as special and that can compete against views salient in Anglo-American political philosophy such as cost-benefit analysis and John Rawls’ difference principle. (shrink)

The strong version of the life-mind continuity thesis claims that mind can be understood as an enriched version of the same functional and organizational properties of life. Contrary to this view, in this paper I argue that mental phenomena offer distinctive properties, such as intentionality or representational content, that have no counterpart in the phenomenon of life, and that must be explained by appealing to a different level of functional and organizational principles. As a strategy, and following Maturana’s autopoietic (...) theory of cognition, I introduce a conceptual distinction between mind and cognition. I argue that cognition corresponds to the natural behaviour that every living being exhibits in the realization of its existence, and that, viewed in that way, cognition is a dynamic process of structural coupling that, unlike mental phenomena, involves no representational contents. On the basis of this distinction, I try to show that while life suffices for cognition, it does not suffice for mind. That is, that the strong continuity is not between life and mind but between life and cognition. (shrink)

All of the attempts to date to find a set of necessary and sufficient conditions for life, in order to provide an essential definition of life, have failed. We only have at our disposal series of lists that contain diverse characteristics usually found in living beings. Some authors have drawn from this fact the conclusion that life is not a natural kind. It will be argued here that this conclusion is too hasty and that if life is understood as (...) a natural kind in the non-essentialist sense of a homeostatic property cluster, it is easy to see why the attempts to find a unique and essentialist definition of life have failed. Understanding life in this way would imply that the pretension to find such a type of definition should be abandoned. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Liberty and Human Nature in the Works of Faustus Socinus and His ReadersSarah MortimerI.Few issues were more hotly contested by early modern theologians than the extent of human liberty and its implications for both religion and society. In the Protestant world, the sixteenth century saw increasingly strident statements of mankind's bondage to sin and the importance of God's eternal decree of predestination, but the concept of (...) human moral responsibility still had its defenders. One influential proponent of human liberty was Faustus Socinus (1539–1604), the Italian scholar known most commonly today for his denial of the trinity. Yet the central theme of his theology was his insistence that Christian virtues must be carried out voluntarily; it was from this principle that his more heterodox ideas flowed. He made a sharp distinction between natural and voluntary action, and argued that the practice of Christianity must be an act of human will, not one to which men were drawn by nature. Separating Christianity from the natural order, Socinus argued that eternal life awaited those who chose to follow the law of Christ rather than the natural law. His argument challenged the Protestant commitment to the unity of natural and divine law and it opened up conceptual space for voluntary action outside the natural law. In this article, I shall sketch the Socinian position on human liberty and Christianity, and suggest how and why the Italian's ideas were developed by Protestants in the early seventeenth century. His readers included the eminent Dutch scholar Hugo [End Page 191] Grotius (1583–1645), and the exchange between Grotius and the Socinians reveals the concern on both sides to explain the relationship between human liberty, Christianity, and natural law.Socinus' life, like his theology, began within the reform movement in Italy and ended among the marginalised anti-trinitarians in Poland. Born of a long line of Italian jurists, he shared both his family's legal interests and their critical approach to the Catholic Church. In his youth he had been a courtier in Florence but his increasingly critical attitude towards Catholicism—and the death of his patron Grand-Duke Cosimo I—resulted in his departure from Italy in 1574. After a period in Basel he found a home among the Polish Anabaptists at Rakow, a young and precarious community which he helped to sustain through his advice and through the tracts which he penned on their behalf.1 During these years, he was also able to develop his own interpretation of Christianity, and to explain it in numerous works issuing from the community's press. Although his ideas generated a lively debate from the start, both in Poland and Germany, it was only after his death that they began to be absorbed into the mainstream of European intellectual discussions. Socinus' theological ideas had their attractions for some Protestant readers, but they became entangled with more political questions and their implications for civil life began to cause serious alarm. For this reason my focus will be upon the responses of Dutch and German readers, particularly Hugo Grotius and Johan Crell (1590–1633), both of whom addressed the civil as well as the theological aspects of Socinus' legacy. First, however, I shall draw out the salient points from Socinus' rich and complex theology, paying particular attention to his understanding of human liberty. Unlike his orthodox Protestant contemporaries, Socinus believed that liberty was the precondition for virtue.Socinus shared with the broader Christian humanist tradition the belief that Christ demanded works as well as faith from his followers. Christians must follow the pattern of ethical living laid down by their master; like Erasmus before him, and like the Italian exiles he met in Basel, Socinus saw Christianity as a religion of action.2 For this reason, he was determined to protect the liberty and capacity of each individual to act virtuously, and therefore to defend what he understood as human free will. It was, he felt, [End Page 192] a pressing task, for these qualities were being undermined by his contemporaries and particularly by those on the Protestant side. Most Protestants followed Luther's belief, expressed most forcefully in De Servo Arbitrio (1525... (shrink)

One influential approach to environmental problems holds that their solution requires the definition of full liberal property rights over goods that will enable their value to be registered in actual or hypothetical markets. How adequate is that solution? In this paper I offer reasons to be sceptical, by placing recent liberal arguments in the context of older debates about property, in particular those concerned with the distribution of care. Although proposals for the extension of liberal property rights over environmental goods (...) often appeal to arguments from the need to distribute care, I show that there are conflicts between them. Care for particular places that embody the life of a community that has an existence over time is often expressed through resistance to liberal property rights. We express mutual obligations to members of a community through a denial of exclusive property rights over certain common goods. Also, what constitutes care for environmental goods itself is contested across class, occupation, culture, and history. Conflicts between those with different conceptions of care are often expressed through conflicts in property rights. The justification of property rights by appeal to particular accounts of proper care has, from the time of Locke to the present, been invoked to legitimate the appropriation of goods. The introduction and maintenance of liberal property-rights regimes involves the creation and sustenance of a particular distribution of social power, and should be understood as such. (shrink)

During the last two centuries, property understood as an exclusive and unlimited dominion became common sense. Before, the idea of property as a fiduciary relationship, which is still present in contemporary social constitutionalism, was closely linked to the view that the exercise of freedom entails the capacity to shape those property rights that channel socioeconomic life. Today, new ways to operationalise such an approach must be found. This article explores the scope of ‘direct strategies’ and ‘indirect strategies’ in the (...) recovery of the idea and the practice of collective fiduciary control over the economic realm. (shrink)

The 1840s brought a certain revival both in intellectual life and efforts to modernize agriculture in the Kingdom of Poland. Count Andrzej Zamoyski (1800–1874) played an inspiring role here. In all his properties replaced feudal service by rents. Moreover, even though the villein system was still in place, he was a spokesman for a transition to this more modern form of managing for the totality of the landed gentry. On his initiative, the periodical “Roczniki Gospodarstwa Krajowego” (“Polish Farming Annual”) came (...) out. “Roczniki” brought in representatives of the Kingdom’s landed gentry supporting actions aimed at economic development and the promotion of civilization, soon to be called organic work. Representatives of the landowning party supporting the idea of organic work were popularly called “klemensowczycy”, because of their participation in conventions held in Andrzej Zamoyski’s estate in the village of Klemensów. The leader of the “klemensowczycy” blazed a trail for Poland’s progress of civilization, where he was characterized by Occidentalism, understood as referring to historical experiences of the Western world. (shrink)

Far into the first volume of his magnum opus, Law, Legislation and Liberty, Hayek points to the bridge between his theoretical analysis of the development of social order and his normative position as an advocate of liberalism in the classical tradition: The understanding that ‘good fences make good neighbours’ […] is the basis on which all known civilization has grown. Property, […] the ‘life, liberty and estates’ of every individual, is the only solution men have yet discovered to (...) the problem of reconciling individual freedom with the absence of conflict. Law, liberty, and property are an inseparable trinity. 1 The quote can serve as a powerful argument in support of the classical liberal theory of law. Property and liberty have many detractors but lawlessness has few advocates. Surprisingly, Hayek made no systematic attempt to defend his inseparability thesis. Never reaching the status of a firmly established conclusion it remained a presupposition that friends could accept readily and enemies could dismiss as an ideological expression without theoretical support. Moreover, Hayek often seemed reluctant even to use the term ‘property’. Most of the time, he preferred to speak of an otherwise unspecified ‘private sphere demarcated by general rules’—a notion that might have delighted a Rousseau or a Burke but not a Frédéricq Bastiat. His theory of law also refers to unspecified general ‘rules of just conduct’ but remains vague about what justice is or how it relates to classical liberal conceptions of property or freedom. Thus, the supposed trinity of law, liberty and property resolves itself in a nondescript order of undefined scope, generated by rules of unspecified generality. It may have seemed obvious to Hayek that one can describe an order of human affairs that respects the property and freedom of individuals only in terms of general rules but that is not a sufficient basis for his claims.. (shrink)

This paper examines the concept of liberty at the heart of Sarah Chapone’s 1735 work, The Hardships of the English Laws in Relation to Wives. In this work, Chapone (1699-1764) advocates an ideal of freedom from domination that closely resembles the republican ideal in seventeenth and eighteenth- century England. This is the idea that an agent is free provided that no-one else has the power to dispose of that agent’s property—her “life, liberty, and limb” and her material possessions—according (...) to his arbitrary will and pleasure, without being accountable to the law. This paper shows how Chapone uses this ideal to ground her arguments against those laws that put married women in a worse condition than slavery, and to call for the establishment of reasonable and just safeguards for a woman’s personal property and property in her children. More than this, it is argued, in this text Chapone articulates a feminist ideal that is both negative freedom from domination and positive freedom to be one’s own master or arbiter. Her work thus occupies a unique—and hitherto unrecognized—place in the history of feminist philosophy. (shrink)

The concept of self-ownership was first articulated in anglophone political thought in the decades between the outbreak of the English Civil War and the Glorious Revolution. This book traces the emergence and evolution of self-ownership over the course of this period, culminating in a reinterpretation of John Locke's celebrated but widely misunderstood idea that "every Man has a Property in his own Person." Often viewed through the prism of libertarian political thought, self-ownership has its roots in the neo-Roman or republican (...) concept of liberty as freedom from dependence on the will of another. As Lorenzo Sabbadini reveals, seventeenth-century writers believed that the attainment of this status required not only a specific kind of constitution but a particular distribution of property as well. Many regarded the protection of private property as constitutive of liberty, and it is in this context that the vocabulary of self-ownership emerged. Others expressed anxieties about the corrupting effects of excessive concentrations of wealth or even the institution of private property itself. Bringing together canonical republican writers such as John Milton and James Harrington, lesser-known pamphleteers, and Locke, a theorist generally regarded as being at odds with neo-Roman thought, Property, Liberty, and Self-Ownership in Seventeenth-Century England is a bold, innovative study of some of the most influential concepts to emerge from this groundbreaking period of British history. "This book is a major achievement, offering a novel and highly original account of property and liberty in seventeenth-century English republican thought. It is a brilliant piece of scholarship that makes an important contribution to the history of early modern political thought." Markku Peltonen, University of Helsinki. (shrink)

Re-encountering certain kinds of artworks in the present (re-listening to music, re- reading novels) can often occasion a kind of recollection akin to episodic recollection, but which may be better cast as ‘phasic’, at least insofar as one can be said to remember ‘what it was like’ to be oneself at some earlier stage or phase in one’s personal history. The kinds of works that prompt such recollection, I call ‘still lives’ - they are limited wholes whose formal properties are (...) stable over time. In the first part of the paper, I spell out a way of making sense of the peculiar power that certain artworks have to occasion such recollection – it is, as I explain, a power or ductus that derives from the form of the artwork, though possession of such a power is not limited to art. I then detail three dimensions along which episodic recollection and phasic recollection as occasioned by re-encountering ‘still lives’ differ: metaphysical, phenomenological, and descriptive. In the second half, I explore a challenge for my account of phasic recollection, which in turn helps make more vivid my proposal as well as the spectral analogy at the heart of it: Just as one can see regions behind one by looking in the direction of a mirror located in the same space in which one is, sometimes by re-encountering certain kinds of artworks now, past intervals or phases ‘behind one’ can be ‘made present’ in a way that the paper aims to make plain. I also explain to what extent phasic recollection might be understood as a form of mental time travel, and what the attendant phenomenology of ‘transportation’ involves. (shrink)

William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because (...) it is necessary to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

The article argues that Rawls’s property-owning democracy should not be understood as a necessary standard of democratic legitimacy. This position contradicts Rawls’s own understanding to some extent, but a rejoinder with elements of political liberalism is possible. He concedes that justice as fairness is a ‘comprehensive liberal doctrine’ and that a well ordered society affirming such a doctrine ‘contradicts reasonable pluralism’. Rawls makes clear that reasonable pluralism in combination with the burdens of judgment lead to rare unanimity in political (...) life and to the necessity of majority and plurality voting procedures. (shrink)

THE MAIN OBJECTIVES of the following discussions are, first, to show the logical inconsistency of Hegel’s theory of the necessity of private property and, second, to show its exegetical inconsistency with the most plausible and consistent interpretations of Hegel’s theory of the self and its relation to the state in Ethical Life. I begin with the latter objective, by distinguishing three basic conceptions of the self that can be gleaned from various passages in the Philosophy of Right. I suggest viable (...) connections between each of these three conceptions and three respective interpretations of what I call the Hegelian requirement, i.e., that the individual be able to identify his personal interests and values with those of the state [141, 147, 147r, 151, 155].1 This can be understood as the requirement that the individual be capable of transcending certain limits of individuality in the service of broader and more inclusive political goals. I argue that Hegel’s theory of Personality and the requirements of Ethical Life in the state commit him to a conception of the self as capable of achieving such selftranscendence through action, despite appearances to the contrary that suggest that self-transcendence is to be primarily achieved through acquisition of various kinds. I then try to demonstrate the logical inconsistency of Hegel’s theory of the necessity of private property. I argue that the fallacies inherent in his exposition of this theory can be explained by his presupposing a conception of the self which both is inadequate to meet the criteria of Hegel’s theories of Personality and Ethical Life and also, therefore, fails the Hegelian requirement. (shrink)

Early modern automata, understood as efforts to ‘model’ life, to grasp its singular properties and/or to unveil and demystify its seeming inaccessibility and mystery, are not just fascinating liminal, boundary, hybrid, crossover or go-between objects, while they are all of those of course. They also pose a direct challenge to some of our common conceptions about mechanism and embodiment. They challenge the simplicity of the distinction between a purported ‘mechanistic’ worldpicture, its ontology and its goals, and on the other (...) hand an attempt to understand ourselves and animals more broadly as flesh-and-blood, affective entities (that is, not just breathing and perspiring, but also desiring and ‘sanguine’ machines, as La Mettrie might have put it). In what follows I reflect on the complexity of early modern mechanism faced with the (living) body, and its mirror image, contemporary theories of embodiment. At times, embodiment theory seems to be governed by a fascination with what the Artificial Life researcher Ezequiel Di Paolo has called ‘biochauvinism’ (Di Paolo, “Extended Life”): an unquestioned belief that ‘living bodies are special’. Yet how does the theorist define this special status? The question is apparently a simple one, or at least promptly yields an aporia which appears simple: to borrow a provocative phrase from Terry Eagleton, embodiment theory is obsessed by the body but terrified of biology. Yet at the same time, at least since Hubert Dreyfus and Andy Clark’s groundbreaking works, embodiment has been a legit part of cognitive science, yielding the even more recently emerged field of ‘embodied cognition’ (see the work of Larry Shapiro), which seeks to depart from traditional cognitive science, especially the latter’s understanding of cognition as computational, in order to instead underscore “the significance of an organism’s body in how and what the organism thinks,” in Shapiro’s words. (shrink)

In the last chapter of The Ethics of Liberty, Rothbard discusses his theory of strategy for liberty, and recommends tools such as education that libertarians can lean on to attain the highest political goal of freedom. Building on Rothbard’s shoulders, the main thesis of this paper is that an effective theory of strategy for liberty cannot dispense with privacy, which needs to be understood as a condition for the enjoyment of liberty and not as a (...) right per se. In the first section, the discussion is framed in the context of natural rights libertarianism. Then, a metaphysical taxonomy of property is provided, which articulates the functioning of property rights and privacy in the realm of the body and of the mind, in the realm of alienable goods and services, and in the realm of information. The third section deals with the war on privacy that is raging nowadays; not coincidentally, the ultimate enemy of this war is private property. The last part of the paper contends that Rothbard is correct in reducing privacy rights to property rights, but this doesn’t mean that privacy has no place in libertarian thought; on the contrary, privacy is one of the main conditions for the defense and preservation of property rights, and, in the case of information, property cannot even exist without it. If these theses are true, libertarians need to find a proper place for privacy in their theory of strategy for liberty. (shrink)

In this article, we develop a measure of complete well-being. The framework is derived from the theoretical model of human flourishing understood as a state in which all aspects of a human life are favorable. The approach extends beyond psychological well-being and reflects the World Health Organization definition of health that not only considers the health of body and mind but also embraces the wholeness of the person. The Well-Being Assessment is a comprehensive instrument designed to (...) assess holistic well-being in six domains: emotional health, physical health, meaning and purpose, character strengths, social connectedness, and financial security. Although each of these domains is distinct, all of them are nearly universally desired, and all but financial security constitute ends in themselves. Data were collected from a representative sample of working adults. A sample of 276 employees participated in the pilot, 2,370 participated in the first wave and 1,209 in the second wave of the survey. The WBA showed a good fitting, satisfactory reliability, test–retest correlation, and convergent/discriminant validity in relation to stability over time and relevant health measures, as well as a good fit to the data that were invariant over time, gender, age, education, and marital status. The instrument can be of use for scientists, practitioners, clinicians, public health officials, and patients. Adoption of more holistic measures of well-being that go beyond psychological well-being may help to shift the focus from health deficiencies to health and well-being promotion. (shrink)

The strong continuity thesis postulates that the properties of mind are an enriched version of the properties of life, and thus that life and mind differ in degree and not kind. A philosophical problem for this view is the ostensive discontinuity between humans and other animals in virtue of our use of symbols—particularly the presumption that the symbolic nature of human cognition bears no relation to the basic properties of life. In this paper, we make the case that a genuine (...) account of strong continuity requires the identification of some sort of correlate of symbol-use in basic life properties. Our strategy is three-fold: 1) we argue that examples of proto-symbolism in simple living systems would be consistent with an evolutionary trajectory that ultimately produced symbolic cognition in humans; 2) we introduce Gordon Tomkins’ biological notion of ‘symbol’ as something that represents to the organism a feature of its environment that is significant to its survival; and 3) we employ this biological understanding of symbol-use to suggest that the symbolic nature of human cognition can be understood as an enriched version of the basic symbolic properties of life, thus preserving life-mind continuity in this context. (shrink)

May a hotel owner that objects to same-sex marriage on religious grounds refuse to host a same-sex wedding in its ballroom or deny the couple the right to book the honeymoon suite? Do public accommodation laws oppress religious dissidents by forcing them to act contrary to their religious beliefs or does discriminatory exclusion threaten equal access to the market economy and deny equal citizenship to LGBTQ persons? Answering these questions requires explaining why one property claim should prevail over another and (...) why one liberty should prevail when it clashes with another. And answering those questions requires analysis of the relationship between property and sovereignty. Sovereign power both creates and regulates the types of property rights that can be tolerated in a free and democratic society that values each person equally. Should we view sovereignty as a threat to property or property as a threat to sovereignty? Libertarians choose the first and liberals the second. But this is the wrong way to understand the relation between property and sovereignty. Property and sovereignty are not separate and independent concepts or spheres of social life that can be brought into relationship with each other. Rather, they are imbricated; they overlap like roof tiles. Our aspiration to live in a free and democratic society places certain constraints on both property and sovereignty. Such societies do not recognize absolute power, whether public or private. Free and democratic societies are committed to a substantive vision of both social relations and politics. We have fruitful debates about property and sovereignty and, in the end, must construct a legal system that effects an acceptable compromise between access and exclusion in the property regime. Our historic practices regarding racial and other forms of discrimination and our evolving norms suggest that public accommodation laws enable access to the marketplace without regard to invidious discrimination. Religious freedom cannot operate to deny equal citizenship or opportunity. For that reason, a same-sex couple should not have to call ahead to see if they are welcome to book the honeymoon suite. Public accommodation laws do not infringe on legitimate property rights or religious freedoms; rather, they define the legitimate contours of liberty and property in a society that treats each person with equal concern and respect. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Inner Revolution: Life, Liberty, and the Pursuit of Real HappinessJohn M. KollerInner Revolution: Life, Liberty, and the Pursuit of Real Happiness. By Robert Thurman. New York: Riverhead Books, 1998. Pp. xiv + 322. $24.95.Can the Buddhist culture of Tibet—until the middle of the twentieth century a medieval theocracy almost completely isolated from the rest of the world—point the way to the fulfillment of the American dream? (...) In his extraordinary book, Inner Revolution: Life, Liberty, and the Pursuit of Real Happiness, Robert Thurman, a distinguished Buddhist scholar, argues that it can.Inner Revolution is a significant reconstruction of the basic teachings of Buddhism from a Tibetan perspective that shows the important sociopolitical dimensions [End Page 138] of Buddhism, arguing convincingly that mental transformation based on deep understanding of self and reality is the basis for far-reaching peaceful social and political revolution. The energizing vision behind this book is summed up on page 221, in the concluding paragraph of chapter 7, "The World-taming Adepts":To finish building the free society dreamed of by Washington, Franklin, and Jefferson, we must draw upon the resources of the enlightened imagination, which can be systematically developed by the spiritual sciences of India and Tibet. We have not yet tamed our own demons of racism, nationalism, sexism, and materialism. We have not yet made peace with a land we took by force and have only partly paid for. We are a teeming conglomeration of people from different tribes who have yet to embrace fully the humanness in one another. And none of us can be really free until all of us are.This is the vision of "Life, Liberty, and the Pursuit of Real Happiness" announced in the book's title. The means to the realization of this vision, the "cool revolution" that Thurman describes, is captured in the first words of the title, "Inner Revolution." This inner revolution is a transformation of the mind, a transformation effected by the deep understanding praised as prajñā or insight in the Prajñāpāramitā Sūtras of Mahāyāna Buddhism. It is the deep understanding to which Śākyamuni, the historical Buddha of our era, awakened, making him a Buddha. It is the understanding that the truth of existence, the Dharma, is that things exist in dynamic interdependence. Nothing—persons or things—exists permanently or separately. The fundamental insight of the Buddha, pratītyasamutpāda, is that, in the felicitous words of the Vietnamese Zen Master Thich Nat Hanh, things inter-are, in dynamic interdependence. It is because of the dynamic interbeing of things that genuine social and political freedoms are impossible without inner freedom. It was in his awakening to the truth of dynamic interbeing that, as Thurman describes it, "The Buddha found that inner freedom—freedom from our negative emotions and obsessive self-concern—is the essential precondition for goodness and social liberty" (p. 30).There is a tendency among Buddhist scholars to ignore or slight the social and political implications of wisdom and compassion. This is partly the result of reading modern Western individualism into Buddhist teaching and consequently focusing exclusively on how the individual person is transformed by wisdom and compassion, ignoring the social transformation inherent in the transformation of individuals. It is also partly the result of a failure to understand that compassionate action is as central to Buddhism as enlightened understanding. But Thurman clearly understands that the fundamental aim of Buddhist teaching and practice is to become a Buddha. And to become a Buddha, as Śāntideva says in the Bodhicaryāvatāra, a text that has inspired Tibetan Buddhists for over a thousand years, one takes the Bodhisattva vow to work tirelessly and unceasingly to bring happiness to all beings. In Śāntideva's own words: "As long as space abides and as long as the world abides, so long may I abide, destroying the sufferings of the world" (10.55). Compassion is inseparable from wisdom. When one awakens the mind of enlightenment (bodhicitta), compassion arises, leading one to take the Bodhisattva vow that Śāntideva expresses in 3.7 : [End Page 139] "I am medicine for the sick. May I be both the doctor and... (shrink)

Sensibility, in any of its myriad realms – moral, physical, aesthetic, medical and so on – seems to be a paramount case of a higher-level, intentional property, not a basic property. Diderot famously made the bold and attributive move of postulating that matter itself senses, or that sensibility (perhaps better translated ‘sensitivity’ here) is a general or universal property of matter, even if he at times took a step back from this claim and called it a “supposition.” Crucially, sensibility is (...) here playing the role of a ‘booster’: it enables materialism to provide a full and rich account of the phenomena of conscious, sentient life, contrary to what its opponents hold: for if matter can sense, and sensibility is not a merely mechanical process, then the loftiest cognitive plateaus are accessible to materialist analysis, or at least belong to one and the same world as the rest of matter. This was noted by the astute anti-materialist critic, the Abbé Lelarge de Lignac, who, in his 1751 Lettres à un Amériquain, criticized Buffon for “granting to the body [la machine, a common term for the body at the time] a quality which is essential to minds, namely sensibility.” This view, here attributed to Buffon and definitely held by Diderot, was comparatively rare. If we look for the sources of this concept, the most notable ones are physiological and medical treatises by prominent figures such as Robert Whytt, Albrecht von Haller and the Montpellier vitalist Théophile de Bordeu. We then have, or so I shall try to sketch out, an intellectual landscape in which new – or newly articulated – properties such as irritability and sensibility are presented either as an experimental property of muscle fibers, that can be understood mechanistically (Hallerian irritability, as studied recently by Hubert Steinke and Dominique Boury) or a property of matter itself (whether specifically living matter as in Bordeu and his fellow montpelliérains Ménuret and Fouquet, or matter in general, as in Diderot). I am by no means convinced that it is one and the same ‘sensibility’ that is at issue in debates between these figures (as when Bordeu attacks Haller’s distinction between irritability and sensibility and claims that ‘his own’ property of sensibility is both more correct and more fundamental in organic beings), but I am interested in mapping out a topography of the problem of sensibility as property of matter or as vital force in mid-eighteenth-century debates – not an exhaustive cartography of all possible positions or theories, but an attempt to understand the ‘triangulation’ of three views: a vitalist view in which sensibility is fundamental, matching up with a conception of the organism as the sum of parts conceived as little lives (Bordeu et al.); a mechanist, or ‘enhanced mechanist’ view in which one can work upwards, step by step from the basic property of irritability to the higher-level property of sensibility (Haller); and, more eclectic, a materialist view which seeks to combine the mechanistic, componential rigour and explanatory power of the Hallerian approach, with the monistic and metaphysically explosive potential of the vitalist approach (Diderot). It is my hope that examining Diderot in the context of this triangulated topography of sensibility as property sheds light on his famous proclamation regarding sensibility as a universal property of matter. (shrink)

A historical sketch of Autonomous Systems Research (ASR) is presented to show its roots in cybernetics, AI, Robotics, Cognitive Science, and in theoretical biology. These connections are considered in the light of the epistemology of human observers as a special kind of agents modeling other systems as representing and eventually realising autonomy. It is argued that ASR must primarily be understood as an opposition to traditional AI style ‘disembodied’ robotics, and that contemporary ASR provides a partial shift of focus (...) towards the organismic roots of cognition. Finally, it is suggested that a deeper understanding of situated autonomous systems as being a kind of complex self-organizing semiotic agents with emergent qualitative properties can be gained from the broad field of theoretical biology, including recent perspectives from Artificial Life, Evolutionary Systems, the Developmental Systems Approach, and Biosemiotics. Inspired by theoretical biology we suggest to investigate a new notion of autonomy that includes a qualitative aspect of the organism. (shrink)

The dependence on history of both present and future dynamics of life is a common intuition in biology and in humanities. Historicity will be understood in terms of changes of the space of possibilities as well as by the role of diversity in life’s structural stability and of rare events in history formation. We hint to a rigorous analysis of “path dependence” in terms of invariants and invariance preserving transformations, as it may be found also in physics, while departing (...) from the physico-mathematical analyses. The idea is that the invariant traces of the past under organismal or ecosystemic transformations contribute to the understanding of present and future states of affairs. This yields a peculiar form of unpredictability in biology, at the core of novelty formation: the changes of observables and pertinent parameters may depend also on past events. In particular, in relation to the properties of synchronic measurement in physics, the relevance of diachronic measurement in biology is highlighted. This analysis may a fortiori apply to cognitive and historical human dynamics, while allowing to investigate some general properties of historicity in biology. (shrink)

In this paper, we explore the role of reciprocity in the employment of restrictive measures in contexts of contagion. Reciprocity should be understood as a substantive value that governs the use, level and extent of restrictive measures. We also argue that independent of the role reciprocity plays in the legitimisation the use of restrictive measures, reciprocity can also motivate support and compliance with legitimate restrictive measures. The importance of reciprocity has implications for how restrictive measures should be undertaken when (...) preparing and evaluating public health responses to contagion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' (...) War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

France’s prohibition on public face-veiling was rationalised partly with reference to ‘fraternity’ – the third prong of the republican motto – as well as liberty and equality. Correspondingly, the voile intégral was widely described as transgressing republican standards of civility. Yet counterintuitively, republican civility was not understood, at least primarily, in terms of sociability or expressivity – but rather as requiring discretion, modesty and self-restraint. Therefore, the ‘full veil’ was not portrayed as an austere interpretation of religious modesty, (...) but as precisely the opposite – as an ‘ostentatious’ defiance of republican civility. It was deemed anti-republican not because it was too modest – but rather because it was too flamboyant. In this light, I argue that the law should be understood neither as a coherent republican response to problems of domination in religious life nor, however, should it be seen purely as an expression of ethno-nationalist defensiveness. Rather, it can be understood as an attempt to legislate a republican habitus, that is a set of social mores – and bodily techniques – deemed appropriate in republican society. I use the French example to consider the political function of civility understood not in relation to speech constraints but rather in terms of bodily and linguistic technique. (shrink)

Businesses interface with the natural world through rights to property. The shape of these rights and the responsibilities we assign to managers are important determinants of both patterns of resource use and pollutant levels. Consequently, conflicts have arisen between regulating bodies, indigenous groups, and corporations over the entitlements of businesses in the use of their property when that property is ecologically sensitive or significant. In this paper I develop an account of the ethical responsibilities of managers regarding their treatment of (...) the environment and their use of natural resources. This account is based on a philosophical examination of the nature of property rights. After a tour of traditional arguments employed to defend the institution of private property, I develop a new conception of property rights over objects that have a high natural resource component. I show that in today’s world, ethical concerns that motivated John Locke will yield property rights that are insufficiently strong to override a democratic say in overall use patterns and must be sensitive to factors such as need, scarcity, and the interests of stakeholders. I show a similar result for utilitarian arguments for property. On this foundation I develop a conception of property in key environmental resources that includes a stewardship element. To embody this, I suggest a set of ethical responsibilities for managers over certain natural resources that springs from it. I argue for obligations restricting harmful use patterns as a way of including the other goals (eg public participation, sustainability) that we care about, in a manner which clashes least with the liberty of owners and the efficiency of production. The outcome is a set of rights and responsibilities that take global environmental interests into account, but preserve the thrust of what is good about the institution of private property: that it rewards labour and facilitates a stable and efficient free exchange system. As a version of private property, it retains many of the advantages of global capitalism while attaching responsibilities to business decision makers. (shrink)

By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have a civilized conduct (...) and those who manifest an aggressive conduct. The category of civilized people includes individuals who (a) respect the life and bodily integrity of their fellows, (b) practice self-control, not control over others and (c) do not claim, through coercive means, the goods that their fellows have obtained by making free and peaceful use of their own faculties and capabilities. The category of aggressive people reunites (a) murderers (those who endanger the lives of their fellow), (b) tyrants (those who beslave their fellows by taking control of some of their faculties) and (c) thieves (those who claim the goods of their fellows without their consent). The civilized conduct requires high standards of action of the people who embrace it and, implicitly, considerable physical and psychical costs. The primary impulses originating in our lower Self blatantly contradict the respect for life, liberty and property of our fellows, so that it seems impossible for them to be controlled only by personal effort. Therefore, it is vital that the energy allotted to peaceable conduct by our higher Self be superior to the energy which it spontaneously mobilizes in support of the primary impulses of our lower Self. This can be achieved by feeding the people with the social energy of certain social emotions in the process of internalizing the norms of peaceable conduct. Among these emotions, contempt and shame, respectively anger and guilt stand out through the predominance of the moral dimension and force of shaping human conduct. They underlie two different moral systems – “shame morality”, and “guilt morality” respectively – that support our peaceable conduct and, ipso facto, our civilized life. (shrink)

Helmuth Plessner’s Levels of Organic Life and the Human [Die Stufen des Organischen und der Mensch, 1928] is one of the founding texts of twentieth century philosophical anthropology. It is argued that Plessner’s work demonstrates the fundamental indispensability of the qualitative humanities vis-à-vis the natural-scientific study of man. Plessner’s non-reductionist, emergentist naturalism allots complementary roles to the causal and functional investigations of the life sciences and the phenomenological and hermeneutic interpretation of the phenomenon of life in its successive levels and (...) stages. Within this context, human agency can be understood as a higher-order property of organic life, which act by the selective activation of lower-level psychophysical powers. Plessner’s three ‘anthropological laws’ are used to situate the notion of practical self-understanding in between two extremes: deterministic views that deny human freedom and responsibility and views that ascribe an unrealistic amount of autonomy to human beings. (shrink)

This article defends a new model of personal privacy. Privacy should be understood as demarcating culturally defined aspects of an individual's life in which he or she is granted immunity from the judgment of others. Such an analysis is preferable to either of the two favorite models of privacy in the current literature. The judgment of others model preserves all of the insights of the liberty and information models of privacy, But avoids the obvious problems and counterexamples. In (...) addition, This model allows us to better see the normative importance of privacy. A final section discusses the notion of sexual privacy in connection to the proposed model. (shrink)

Helmuth Plessner’s Levels of Organic Life and the Human [Die Stufen des Organischen und der Mensch, 1928] is one of the founding texts of twentieth century philosophical anthropology (understood as philosophical reflection on the fundamental characteristics of the human lifeform). It is argued that Plessner’s work demonstrates the fundamental indispensability of the qualitative humanities vis-à-vis the natural-scientific study of man. Plessner’s non-reductionist, emergentist naturalism allots complementary roles to the causal and functional investigations of the life sciences and the phenomenological (...) and hermeneutic interpretation of the phenomenon of life in its successive levels and stages. Within this context, human agency can be understood as a higher-order property of organic life, which act by the selective activation of lower-level psychophysical powers. Plessner’s three ‘anthropological laws’ are used to situate the notion of practical self-understanding in between two extremes: deterministic views that deny human freedom and responsibility and views that ascribe an unrealistic amount of autonomy to human beings. (shrink)

In Homelessness, Liberty and Property, Terry Skolnik establishes a novel theory about the government's duties to end homelessness, maintain public property's value, and legitimize laws that regulate public space. In doing so, Skolnik provides new insight into how the property law system and the regulation of public space limit unhoused persons' freedom and political equality. The book deepens our understanding of how various areas of law, such as constitutional law, legal philosophy, criminal law, and property law, approach the reality (...) of homelessness and advances original arguments to provide new justifications for the right to housing. Skolnik concludes by offering a set of concrete proposals for how the government can reduce the incidence of homelessness and treat unhoused persons with greater concern and respect. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details. (shrink)

It is widely acknowledged that Isaiah Berlin’s seminal essay “Two Concepts of Liberty” has to a large extent set the tone and determined the content of the debates within political philosophy in the English-speaking world. Berlin maintains that the conceptual and institutional history of liberty can be understood in terms of the various responses to the logically distinct questions: “Who governs me?” and “How far does government interfere with me?”. In Berlin’s first question, the salient issue is (...) whether the valid authority to positively rule an individual resides within the individual herself or in some external person, social class, institution, empirical circumstance, or tradition. In contrast with the personal freedom to direct oneself, the second issue is concerned with liberating the individual from the coercion of others, especially the government, by limiting authority as such. Berlin dedicates much of his essay to demonstrating that the positive and negative concepts of liberty are not merely two sides of the same coin; rather, he argues that in human psychology and history these mark “two profoundly divergent and irreconcilable attitudes to the ends of life”. According to Berlin’s line of reasoning, to perceive the personal authority to rule oneself as one’s primary end requires a sacrifice of one’s negative liberty. Reciprocally, to make the limitation of authority and coercion in general one’s highest end demands that one relinquish some positive freedom. (shrink)

Michel de Montaigne (1533–1592), author of the Essays (published in successive, revised and expanded editions from 1580 until after his death), deserves to be recognized as the first) philosophic architect of modern liberalism, that is, a doctrine that advocates the advancement of individual liberty (under law), and consequently a reduction in the scope and purpose of government to securing what are represented by Montaigne’s successors (Hobbes, Locke, Montesquieu, and the American Founders) as people’s inherent rights to their life, (...) class='Hi'>liberty, property, and the “pursuit of happiness” as they conceive it. His outward, periodic professions of extreme conservatism and of homage to the Catholic Church are merely a rhetorical cover designed to protect the author from being persecuted (and his book from being banned). As a practitioner of what he describes as esoteric rhetoric (attributing it to the ancient political philosophers), Montaigne invites careful readers to see through his rhetorical concealment by noting how his conservative professions are undermined by the overall train of his reasoning and argument. Although Montaigne’s argument for liberal individualism may have gone too far in its influence over the long run (that is, the 21st century), we citizens of modern liberal regimes owe him a debt of gratitude for helping to liberate us from the reign of arbitrary monarchs, oppressive aristocrats, and clerical oppressors. (shrink)

Lord Sumption, a former Justice of the Supreme Court, has been a prominent critic of coronavirus restrictions regulations in the UK. Since the start of the pandemic, he has consistently questioned both the policy aims and the regulatory methods of the Westminster government. He has also challenged rationales that hold that all lives are of equal value. In this paper, I explore and question Lord Sumption’s views on morality, politics and law, querying the coherence of his broad philosophy and his (...) arguments regarding coronavirus regulations with his judicial decision in the assisted-dying case of R v Ministry of Justice. In Nicklinson, Lord Sumption argued for restrictions on liberty given the priority of the sanctity of life principle and the protection of others who may be vulnerable, as well as for deference to policy-making institutions in instances of values-based disagreement. The apparent inconsistencies in his positions, I argue, are not clearly reconcilable, and invite critical analysis of his impacts on health law and policy. (shrink)

In recent work, Rawls, Nozick, and the ?democratic?socialist? theory of Markovi? and Gould, attempt to ground rival models of just economic relations on the basis of conflicting interpretations of human freedom. Beginning with a philosophical conception of humans as essentially free beings, each derives a different system of basic rights and freedoms: (1) the familiar democratic civil and political rights of citizenship in the West (Rawls); (2) the classical bourgeois market freedoms ? ?life, liberty, and property? (Nozick); and (3) (...) democratic socialist rights of self?management of the work?place (Gould and Markovi?). I argue that each of these theorists implicitly assumes a different but ungrounded ?social paradigm of human agency? concerning the particular forms of human choice which are singled out as most important for a free, human life. None of these theories contains the methodological resources for showing why the forms of human agency it ?emancipates? are more important than the forms it suppresses or ignores. In order to overcome this impasse and provide a way of evaluating such rival paradigms of free agency, I elaborate a methodology based on the idea that a free society must provide its members with ?equality in the social bases of self?respect?. I use this methodology to argue that all three of the above conceptions are blind to problems of human agency, freedom, and dignity posed by the modern phenomena of welfare dependency, unemployment, and a self?stultifying division of labor. (shrink)

How should we approach the daunting task of renewing the ideal of equality? In this book, Christine Sypnowich proposes a theory of equality centred on human flourishing or wellbeing. She argues that egalitarianism should be understood as seeking to make people more equal in the constituents of a good life. Inequality is a social ill because of the damage it does to human flourishing: unequal distribution of wealth can have the effect that some people are poorly housed, badly nourished, (...) ill-educated, unhappy or uncultured, among other things. When we seek to make people more equal our concern is not just resources or property, but how people fare under one distribution or another. Ultimately, the best answer to the question, equality of what?, is some conception of flourishing, since whatever policies or principles we adopt, it is flourishing that we hope will be more equal as a result of our endeavours. Sypnowich calls for both retrieval and innovation. What is to be retrieved is the ideal of equality itself, which is often assumed as a background condition of theories of justice, yet at the same time, dismissed as too homogenising, abstract and rigid a criterion for political argument. We must retrieve the ideal of equality as a central political principle. In doing so, she casts doubt on the value of focussing on cultural difference, and rejects the idea of neutrality that dominates contemporary political philosophy in favour of a view of the state as enabling the betterment of its citizens. ". (shrink)

It is commonly thought that before the introduction of quantum mechanics, determinism was a straightforward consequence of the laws of mechanics. However, around the nineteenth century, many physicists, for various reasons, did not regard determinism as a provable feature of physics. This is not to say that physicists in this period were not committed to determinism; there were some physicists who argued for fundamental indeterminism, but most were committed to determinism in some sense. However, for them, determinism was often not (...) a provable feature of physical theory, but rather an a priori principle or a methodological presupposition. Determinism was strongly connected with principles of causality and continuity and the principle of sufficient reason; this thesis examines the relevance of these principles in the history of physics. Moreover, the history of determinism in this period shows that there were essential changes in the relation between mathematics and physics: whereas in the eighteenth century, there were metaphysical arguments which lent support to differential calculus, by the early twentieth century the development of rigorous foundations of differential calculus led to concerns about its applicability in physics. The thesis consists of six papers. In the first paper, "On the origins and foundations of Laplacian determinism", I argue that Laplace, who is usually pointed out as the first major proponent of scientific determinism, did not derive his statement of determinism directly from the laws of mechanics; rather, his determinism has a background in eighteenth century Leibnizian metaphysics, and is ultimately based on the law of continuity and the principle of sufficient reason. These principles also provided a basis for the idea that one can find laws of nature in the form of differential equations which uniquely determine natural processes. In "The Norton dome and the nineteenth century foundations of determinism", I argue that an example of indeterminism in classical physics which has attracted attention in philosophy of physics in recent years, namely the Norton come, was already discussed during the nineteenth century. However, the significance which this type of indeterminism had back then is very different from the significance which the Norton dome currently has in philosophy of physics. This is explained by the fact that determinism was conceived of in an essentially different way: in particular, the nineteenth century authors who wrote about this type of indeterminism regarded determinism as an a priori principle rather than as a property of the equations of physics. In "Vital instability: life and free will in physics and physiology, 1860-1880", I show how Maxwell, Cournot, Stewart and Boussinesq used the possibility of unstable or indeterministic mechanical systems to argue that the will or a vital principle can intervene in organic processes without violating the laws of physics, so that a strictly dualist account of life and the mind is possible. Moreover, I show that their ideas can be understood as a reaction to the law of conservation of energy and to the way it was used in physiology to exclude vital and mental causes. In "The nineteenth century conflict between mechanism and irreversibility", I show that in the late nineteenth century, there was a widespread conflict between the aim of reducing physical processes to mechanics and the recognition that certain processes are irreversible. Whereas the so-called reversibility objection is known as an objection that was made to the kinetic theory of gases, it in fact appeared in a wide range of arguments, and was susceptible to very different interpretations. It was only when the project of reducing all of physics to mechanics lost favor, in the late nineteenth century, that the reversibility objection came to be used as an argument against mechanism and against the kinetic theory of gases. In "Continuity in nature and in mathematics: Boltzmann and Poincaré", I show that the development of rigorous foundations of differential calculus in the nineteenth century led to concerns about its applicability in physics: through this development, differential calculus was made independent of empirical and intuitive notions of continuity and was instead based on mathematical continuity conditions, and for Boltzmann and Poincaré, the applicability of differential calculus in physics depended on whether these continuity conditions could be given a foundation in intuition or experience. In the final paper, "Determinism around 1900", I briefly discuss the implications of the developments described in the previous two papers for the history of determinism in physics, through a discussion of determinism in Mach, Poincaré and Boltzmann. I show that neither of them regards determinism as a property of the laws of mechanics; rather, for them, determinism is a precondition for science, which can be verified to the extent that science is successful. (shrink)