ABSTRACT Both classical and modern liberals tend to treat freedom of choice as if it is intrinsically valuable—regardless of what is chosen. They fear that treating freedom as, instead, instrumental only to good choices might open the door to paternalism if a polity were to decide that people were making bad choices. A middle course would be to treat freedom as independently valuable. On the one hand, the independent value of freedom does not treat all (...) choices as good as long as they are freely made. On the other hand, it does not reduce the value of freedom to the known, or predictable, good ends to which a free action may be conducive. Following from Hayek’s acknowledgement that we are often ignorant of what the future may hold, freedom may have value because it will allow us to make decisions whose positive consequences cannot now be predicted. (shrink)

Should judgments of beauty play a guiding role in theoretical science even if beauty is not a sign of truth? In this paper I argue that they should in certain cases. If we analyze the rationality of theoretical pursuit using decision theory, a theory’s beauty can influence the utilities of the various options confronting the researcher. After considering the views of Pierre Duhem and Thomas Kuhn on aesthetics in science, I suggest that because we value freedom of (...) inquiry we rightly allow scientists some choice in how they value aesthetic properties of theories and thus some freedom to use beauty to guide their research program. (shrink)

This article clarifies how the freedom of thought as a human right can be understood and promoted as a right of mental health service users, especially people with psychotic disorder, by using Martha Nussbaum’s capabilities approach and Fulford’s and Fulford et al ’s values-based practice. According to Nussbaum, freedom of thought seems to primarily protect the capability to think, believe and feel. This capability can be promoted in the context of mental health services by values-based practice. The article (...) points out that both Nussbaum’s approach and values-based practice recognise that people’s values differ. The idea of involving different actors and service users in mental healthcare is also common in both Nussbaum’s approach and values-based practice. However, there are also differences in that values-based practice relies on a ‘good process’ in decision-making, whereas the capabilities approach is oriented towards a ‘right outcome’. However, since process and outcome are linked with each other, these two approaches do not necessarily conflict despite this difference. The article suggests that absolute rights are possible within the two approaches. It also recognises that the capabilities approach, values-based practice and human rights approach lean on liberal values and thus can be combined at least in liberal societies. (shrink)

Most theorists believe that when it comes to freedom, no economic system does better than laissez-faire capitalism the system may have other problems, but as far as freedom is concerned, laissez-faire is as good as it gets. The goal of this paper is to show that this view is mistaken. I begin by criticising two important contemporary conceptions of freedom, the libertarian and the liberal egalitarian conceptions, both of which support the dominant view. I then develop a (...) better alternative, one that I call the social democratic conception of freedom. Using this conception, I go on to show that an economic system that requires firms to have an internal structure that makes decision-making more transparent and responsive to the concerns of workers actually shows greater respect for freedom than laissez-faire capitalism does. (shrink)

Ethicists, regulators and researchers have struggled with the question of whether incidental findings in genomics studies should be disclosed to participants. In the ethical debate, a general consensus is that disclosed information should benefit participants. However, there is no agreement that genetic information will benefit participants, rather it may cause problems such as anxiety. One could get past this disagreement about disclosure of incidental findings by letting participants express their preferences in the consent form. We argue that this freedom (...) of choice is problematic. In transferring the decision to participants, it is assumed that participants will understand what they decide about and that they will express what they truly want. However, psychological findings about people's reaction to probabilities and risk have been shown to involve both cognitive and emotional challenges. People change their attitude to risk depending on what is at stake. Their mood affects judgments and choices, and they over- and underestimate probabilities depending on whether they are low or high. Moreover, different framing of the options can steer people to a specific choice. Although it seems attractive to let participants express their preferences to incidental findings in the consent form, it is uncertain if this choice enables people to express what they truly prefer. In order to better understand the participants' preferences, we argue that future empirical work needs to confront the participant with the complexity of the uncertainty and the trade-offs that are connected with the uncertain predictive value of genetic risk information. (shrink)

While the ethical implications of corporate actions have received increasing attention, one important area overlooked by both researchers and corporate codes of ethics is the significant ethical implications of corporate records management practices. This article discusses the operational and strategic purposes of modern corporate records management programs—including scorched earth programs which seek to reduce exposure to potential liability by eliminating documentary evidence from corporate files that could be used to establish culpability in future governmental investigations or in litigation by persons (...) injured by corporate actions. As a first step toward developing relevant ethical guidelines and decision criteria for socially-responsible records management practices, the ethical values of freedom of choice and avoidance of harm are applied to various corporate decisions as to (1) which information should be retained as records and for how long, (2) subsequent disclosure or non-disclosure of that information and to whom, and (3) decisions as to when information in corporate records may properly be destroyed. (shrink)

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

Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, (...) intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years. (shrink)

ABSTRACTControl over information is essential to business. This has become increasingly true in an era in which technological advances have enabled the rapid globalization of business. This article explores the implications of this control of information for freedom of speech and information. Four different situations are considered: censorship of the Internet by search engines albeit at the direction of a government; restrictions on Internet content by Internet Services Providers acting on their own; decisions by retail businesses not to sell (...) various DVDs, CDs, etc. to their customers; and legal suits brought against individuals and groups by businesses seeking to prevent the further spread of information they deem injurious to their products or activities. The paper seeks to sort out the various rights and values involved in these cases, when a business may be justifiably said to be violating individuals' rights to freedom of information, and when customers and citizens do not have justified complaints against business decisions not to provide them with certain information products. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for (...) indirect democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

Moral responsibility requires control of one’s behavior. But there are different kinds of control. One sort of control entails the existence of genuinely accessible alternative possibilities. I call this regulative control. I believe that an agent can control his or her behavior without having control over it. In such a circumstance, the agent enjoys what I call guidance control, but not regulative control. He guides his behavior in the way characteristic of agents who act freely, yet he does not have (...) alternative possibilities with respect to his decision or action. I contend that moral responsibility requires guidance control, but not regulative control. In this paper, I wish to provide a measure of intuitive appeal to the claim that guidance control is all the control (or freedom) necessary for moral responsibility by sketching the picture that supports this claim. (shrink)

Bastiat belonged to the optimist French tradition of liberal economic thought. Following Jean-Baptiste Say, he argued that the market was immensely creative in the discovery of new opportunities for improving human well-being and creating social harmony. He also recognized the importance of the entrepreneur, who earned a profit in contrast to the capitalist who simply earned a return for his investment. Although he was no great theorist, Bastiat demonstrated with relentless informal logic the social value of freedom. This (...) is best exemplified in his demonstration of the virtues of free trade. Bastiat anticipated modern public choice theory with his argument that people tried to use the coercive power of the state to get what they would not achieve by market transactions. He was also concerned with the moral virtue of liberty and in his final work, The Law, he showed how the modern system of law had been perverted. Instead of protecting individual rights it had become an instrument of plunder. Socialism was most malevolent form of plunder.Bastiat appartenait à la tradition optimiste française de la pensée économique libérale. Dans la lignée de Jean-Baptiste Say, il considérait que l’économie de marché recelait une créativité significative ouvrant sur la découverte de nouvelles opportunités permettant d’améliorer le bien-être humain et donnant parallèlement lieu a une harmonie sociale. Bastiat avait aussi conscience de l’importance de l’entrepreneur, celui qui glane des profits contrairement au capitaliste qui perçoit simplement une rémunération pour ses investissements. Bien que n’étant pas un très grand théoricien, Bastiat démontre avec une logique informelle implacable la valeur sociale de la liberté. La meilleure illustration en est sa démonstration des vertus du libre-échange. Bastiat anticipe la théorie moderne des décisions publiques quand il argumente que les individus essayent d’utiliser le pouvoir coercitif de l’Etat pour obtenir ce qu’ils ne peuvent obtenir à travers les transactions marchandes. Bastiat était aussi préoccupé par la vertu morale de la liberté et dans son dernier ouvrage, La Loi, il montre de quelle manière le système juridique moderne a été perverti. Au lieu de protéger les droits individuels, ce système est devenu un instrument de pillage public et le socialisme est la forme la plus pernicieuse de ce pillage. (shrink)

Value analysis establishes a way to practice functional analysis which enables to think all matter as sets of functions. The study of the correlations between the phases of activation of these functions leads to consider the aggregation of correlated activation functions as an attractor in a configuration space. This point of view allows figuring out general behaviors reducing the conceptual gap between microeconomics and macroeconomics. Then, based on a characterization of complex adaptive systems in terms of functional attractors, the (...) theory links together value and physical magnitudes, like work or energy and action. The evolution of these systems is studied from the viewpoints of learning or of voluntary and involuntary interactions with others described in the ultimate way by the strategies, or operators, of which they make use. Three kinds of uncertainties are emphasized among which the uncertainty between the structure and the business outlook of a system is recreated through an analogy between physics and economics. The rationality of the complex functional systems economics is based on value and on market or environment awareness. Equilibria establish potential of agents or players whose profiles are built through the equivalence between a time-dependent payoff at equilibrium and the regular value of the corresponding attractor. The law of supply and demand is naturally founded on unbiased profiles of agents and can be a means of uncertainty reduction and of growth. Freedoms are opportunities to grow, when they result in confidence, and to bear risks in decision-making through an innovative process. (shrink)

In the Preface to the Discourses Machiavelli laments that the greatness of the ancients is “rather admired than imitated” by his contemporaries and expresses the belief that recurring to past examples would be most beneficial to those interested in “ordering republics, maintaining states, governing kingdoms, ordering the military and administering war, judging subjects, and increasing empire” (D I 2.2). Machiavelli is indeed persuaded that the laws governing human nature are unchangeable, and that the ancients can be imitated, since the causes (...) for their actions and the reasons for their choices are the same that determine the conduct of the contemporaries. Thus, an analysis of Titus Livy’s work on the Roman republic might shed light on the weaknesses and strengths of existing governments and encourage men to the emulation of past greatness. More specifically, such an analysis would make clear that the greatness of Rome lied in that both the city and its citizens enjoyed a high level of freedom. In fact, the city had sovereign power over itself and other cities, rather than being ruled by others. Besides, no social group had enough power to overcome the others: people were able to foster their interests by participating in the civic life of the city and by protesting against those public decisions which they found contrary to their interests. But what did this freedom exactly consist in? In other words, does Machiavelli conceive freedom as non-interference, or rather as non-domination, by others? Moreover, does he consider participation and contestation as constitutive of liberty, or rather instrumental to it? In this paper, I will first present Philip Pettit’s account of three alternative conceptions of liberty and indicate which of them might have been endorsed by Machiavelli. I will then consider the issue of contestations and tumults and of their role within the polity. I will argue not only that Machiavelli endorses a republican view of freedom but also that, in contrast to Pettit, he maintains contestations and tumults to be instrumental to freedom, rather than constitutive of it. I will conclude by claiming that Machiavelli’s and Pettit’s different stance on the value of tumults and contestations reflects the kind of freedom as non-domination in which they are interested in. Pettit supports a more democratic form of republicanism, in which not only groups but also individuals must be able to contest given decisions. By contrast, Machiavelli endorses a republicanism in which power must be distributed among different political figures within a polity. Dissensions are seen as a means for one of these figures, i.e. the multitude, to raise its voice when its interests are damaged by public decisions. In Machiavelli’s view, the end to which a state should aim is to be great, for which it needs to be free only at the collective level. Different means might be employed in order to realise this aim. Tumults are just one of them: the one that made Rome a great city, worthy of being imitated. (shrink)

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

Is our judgement of the truth-value of propositions subject to the will? Do we have any voluntary control over the formation of our beliefs – and if so, how does it compare with the control we have over our actions? These questions lead into interestingly unclear philosophical and psychological territory which remains a focus of debate today. I will first examine the classic early modern discussions in Descartes, Spinoza and Hume. Then I will review some relevant themes in Kant, (...) including some lesser-known material from his lectures on ‘Logic’. Kant’s critical philosophy makes important appeal to the notion of ‘spontaneity’ or mental activity, but I argue that there are five different kinds of spontaneity in Kant which need distinguishing. I hope thus to achieve some clarification of the differences between theoretical judgements and practical decisions. (shrink)

Many of us have experienced a peculiar feeling of freedom, of the world being open before us. This is the feeling that is captured by phrases like “the freedom of the open road” and “free spirits,” and, to quote Phillip Larkin, “free bloody birds” going “down the long slide / To happiness, endlessly.” This feeling is associated with the ideas that my life could go in many different directions and that there is a vast range of things that (...) I could become. It arises in concert with a wide range of human experiences, including experiences of artistic creation, play, fun, and resistance to authority. This freedom of openness and spontaneity, which I call spontaneous freedom, is central to our ordinary talk about freedom. Yet it is a phenomenon largely ignored in discussions of freedom in contemporary moral philosophy. This is because moral philosophers are primarily concerned to identify the sort of freedom that is a prerequisite for moral responsibility, and so focus on deliberate, voluntary action rooted in rational choice. When moral philosophers do discuss spontaneous freedom, it is often to disparage it as, in the words of Harry Frankfurt, the freedom of “the wanton” whose liberty is merely that of “anarchic impulsive behavior.” My dissertation develops a theory of spontaneous freedom and of the role it does and should play in our lives, including our moral and political lives. I argue that, to do full justice to the human aspiration for freedom, moral and political theory must recognize the value of spontaneity. Through a study of characters from stories and films by Virginia Woolf, Saki, Akira Kurosawa, and Aman Sethi, I develop a phenomenological account of the nature of spontaneous freedom. I argue that we experience spontaneous freedom when we experience our actions as arising out of ourselves but not fixed in advance either by the decisions of other agents or by our own preexisting commitments or plans. I further argue that spontaneous freedom is valuable because it allows for the distinctive pleasure of feeling that one’s life is unforetold and that one is among the sources of novelty in the world, a feeling that is central to artistic creativity. It also affords solace from the anxiety associated with the inevitability of death. As with many experiences, like falling in love or seeing an alpine lake, experiences of spontaneous freedom are most valuable when they are veridical. But even the subjective experience of spontaneous freedom, I suggest, activates our awareness of and openness to possibility. Achieving this awareness, at least on occasion, is valuable because it provides us with a sense of our own psychological potential and sharpens a skill that contributes to practical deliberation. My claim that spontaneous freedom is valuable conflicts with a popular account of the self. According to that account—endorsed by a number of moral philosophers but most famously associated with Christine Korsgaard—the ideal self is one that is well-ordered, actively constituted through rational deliberation. Such integrity theories of the self are attractive because they provide an account of agency according to which ideal moral agents invariably endorse their own actions and beliefs. Integrity theories view freedom as involving rational, deliberative control of one’s actions. But I argue that integrity theories forbid well-constituted moral agents to seek out experiences of spontaneous freedom: such agents must act in a manner that they antecedently and reflectively endorse, while spontaneous freedom requires acting in a manner not antecedently fixed by one’s own decisions. Insofar as spontaneous freedom is a kind of freedom that we do and should value, my account exerts pressure on this standard view of agency and the self. My account of spontaneous freedom also has important political implications. One version of liberal theory holds that the only sort of political freedom worth having is the freedom of each individual to effectively exercise choice compatibly with every other individual doing likewise. On this picture, I have all of the freedom that I could want if I am able to choose autonomously and act in accordance with my choices. But I argue that a community that secures this liberal variety of freedom does not yet provide its members with all the freedom for which people rightly yearn. When public and private institutions arrange our circumstances in ways that make the courses of our lives predictable, our own choices about how to act may be largely settled by the plans and decisions of other agents. This in turn makes it difficult for us to regard our futures as open in the way that is characteristic of experiences of spontaneous freedom. States should promote spontaneous freedom by providing the material and social preconditions for us to feel that our lives could head in radically different and unanticipated directions. (shrink)

Doctor Farrer discusses the Libertarian-Determinist controversy in terms of mind and body, speech and conduct, nature and spirit, and responsibility and value. It should be of interest to philosophers from both schools of thought.

This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms guaranteed (...) by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)

The individual and society: Meerloo, J. A. M. Freedom--our mental backbone. Allport, G. Freedom. Marcuse, H. The new forms of control. Kerr, W. A. Psychology of the free competition of ideas. Eysenck, H. J. The technology of consent. Dewey, J. Toward a new individualism. Emerson, R. W. Self-reliance. Fromm, E. Freedom and democracy.--Religion and the inner man: St. Augustine. The freedom and the will. Mercier, L. J. A. Freedom of the will and psychology. Dostoyevsky, F. (...) The grand inquisitor. Berdyaev, N. Master, slave and free man. Buber, M. I and thou. Govinda, A. Time and space and the problem of free will. Prabhavananda, S. Control of the subconscious mind.--Philosophy and philosophical psychology: Bergson, H. Psychological determinism. James, W. The dilemma of determinism. Mill, J. S. The freedom of the will. Sartre, J. P. Being and doing: freedom. Wyschogrod, M. Sartre, freedom and the unconscious. May, R. Will, decision and responsibility: summary remarks. Knight, R. P. Determinism, "freedom," and psychotherapy. Royce, J. Meaning, value, and personality.--Selected bibliography (p. 393-408). (shrink)

The paper considers the freedom of choice, which is a conceptual problem for contemporary philosophical anthropology. It is argued that absoluteness, which is not a “given” (like the gift of life), is “clarified” in the reflection of the decision made, this formalizes human identity. This “sublimation” does not take place by nature, but by the decision of the individual; absoluteness is a certain existential state. It is proved that the “modes of self-affirmation” are conditioned and fragile, absoluteness (...) comes from freedom, transcendent in its foundation. It is stated that the deformation of the ontological and cognitive structures of experience (“personalized” knowledge) changes the meaning of the values of the “alienated” individual, who is not free in society; the Kantian antinomy (of freedom and necessity) receives an interpretation of the “existential drama” in “non-classical” philosophy. It is concluded that individuality is the result of a person’s free choice. (shrink)

Our ability to make choices is fundamental to our sense of ourselves as human beings, and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy; such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make (...) the best decisions is limited, so every active choice comes at a cost. In modern life the requirement to make active choices can often be overwhelming. So, across broad areas of our lives, from health plans to energy suppliers, many of us choose not to choose. By following our default options, we save ourselves the costs of making active choices. By setting those options, governments and corporations dictate the outcomes for when we decide by default. This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being. (shrink)

Critical Realism and the Objective Value of Sustainability contributes to the growing discussion surrounding the concept of sustainability, using a critical realist approach within a transdisciplinary theoretical framework to examine how sustainability objectively occurs in the natural world and in society. The book develops an ethical theory of sustainability as an objective value, rooted not in humans' subjective preferences but in the holistic web of relationships, interdependencies, and obligations existing among living things on Earth, a web believed to (...) have maintained life on Earth over the last 3.7 billion years. It proposes three pillars of sustainability ethics: contentment for the human existence given to us; justice (beyond distributive justice); and meaningful freedom (within ecological and moral limits). Using abductive reasoning, the book infers that there is an out-of-this-world Sustainer behind the Earth's sustainability acting as a metaphysical source of all being and value. It argues that sustainability value, accepted as a shared understanding of the common good, must guide individual decisions and socio-economic development efforts as a matter of deliberate choice, as well as be built on the awareness that there are non-negotiable, pre-established conditions for our planet's sustainability. This book will be of interest to students and scholars across fields of inquiry, including sustainability, sustainable development, environmental philosophy and ethics, philosophy of science, ecological economics, and to whoever may wonder why seasons exists and why humans have creative minds. (shrink)

This article re-examines the distinction between the libertarian approach and the egalitarian approach to the regulation of campaign finance. The conventional approach (as exemplified by the work of Owen Fiss and Ronald Dworkin) is to reconcile the competing values of liberty and equality. By contrast, this article advances the normative claim that democracies should seek to incorporate both the libertarian and the egalitarian approaches within constitutional law. I argue that instead of emphasizing one value over the other, the ideal (...) position is one that simultaneously recognizes the values of liberty and equality despite the irreconcilable tension between them. Rather than choosing one value over the other, or reconciling these values by redefining them, I claim that it is vital to maintain the tension between liberty and equality by instantiating the conflict in law. Democracy is better served when the law contains an explicit tension between these foundational values.After setting forth this normative framework, I then apply it to the campaign finance decisions of the Supreme Courts of the United States and Canada, respectively. I make two main claims. First, I argue that although the libertarian/egalitarian distinction is usually presented as a binary choice, the laws of a given jurisdiction often simultaneously display both libertarian and egalitarian characteristics. For this reason, I claim that the libertarian/egalitarian distinction is better conceived of as a “libertarian-egalitarian spectrum.” Second, I argue that in recent years, the U.S. Supreme Court and the Supreme Court of Canada, respectively, have privileged one value—liberty or equality—at the expense of the other. The U.S. Supreme Court has over-emphasized the value of liberty (most notably in itsCitizens Uniteddecision), with the result that political equality is markedly undermined. By the same token, the Supreme Court of Canada’s commitment to equality has become too one-sided in recent cases (HarperandBryan), with the result that there are significant impairments to free speech liberties. I argue that both of these approaches are detrimental to democratic participation and governance. Finally, this article offers a preliminary proposal for how courts and legislatures can allow for the conflict between liberty and equality to be instantiated in law. (shrink)

Using data from 88 countries, we test hypotheses linking a country’s economic freedom and cultural values with the propensity and timing of decisions to impose stringent policies to combat the spread of Covid-19, as well as society’s compliance with those restrictive measures. Our analysis supports hypotheses that a country’s economic freedom and cultural dimensions of individualism and masculinity predict early implementation of stringent policies. After accounting for endogeneity, we find that individualism also helps explain residents’ compliance with stringent (...) measures. These findings illustrate how institutions and cultural values influence government policies and societal compliance. (shrink)

Since its advent, predictive DNA testing has been perceived as a technology that may have considerable impact on the quality of people’s life. The decision whether or not to use this technology is up to the individual client. However, to enable well considered decision making both the negative as well as the positive freedom of the individual should be supported. In this paper, we argue that current professional and public discourse on predictive DNA-testing is lacking when it (...) comes to supporting positive freedom, because it is usually framed in terms of risk and risk management. We show how this ‘risk discourse’ steers thinking on the good life in a particular way. We go on to argue that empirical research into the actual deliberation and decision making processes of individuals and families may be used to enrich the environment of personal deliberation in three ways: (1) it points at a richer set of values that deliberators can take into account, (2) it acknowledges the shared nature of genes, and (3) it shows how one might frame decisions in a non-binary way. We argue that the public sharing and discussing of stories about personal deliberations offers valuable input for others who face similar choices: it fosters their positive freedom to shape their view of the good life in relation to DNA-diagnostics. We conclude by offering some suggestions as to how to realize such public sharing of personal stories. (shrink)

The Value-free ideal of science (VFI) is a view that claims that scientists should not use non-epistemic values when they are justifying their hypotheses, and is widely considered to be obsolete in the philosophy of science. I will defend the ideal by demonstrating that acceptance of non-epistemic values, prohibited by VFI, necessitates legitimizing certain problematic scientific practices. Such practices, including biased methodological decisions or Questionable Research Practices (QRP), significantly contribute to the Replication Crisis. I will argue that the realizability (...) of VFI is not a necessary condition for its validity. Then, I will show how some of the prominent proposals of value-laden science legitimize problematic scientific practices, provide real-world examples, and generalize the argument. Finally, I will show how value-laden methodological decisions contribute to the Replicability Crisis and discuss two strategies for realizing VFI. (shrink)

This paper is primarily about the personal and public responsibilities of ethics and of ethicists in speaking, writing and commenting publicly about issues of ethical, political and social significance. The paper argues that any such interventions are ‘willy-nilly’, actually or potentially, in the public domain in ways that make any self-conscious decision about intended publics or audiences problematic. In it is argued that a famous, and hitherto useful, distinction relating to the ethical limitations on freedom of speech which (...) we owe to John Stuart Mill may, because of the emergence of ‘the cloud’ have become redundant or inoperable. (shrink)

The last chapter of Spinoza's Theological-Political Treatise (TTP) is a brief for freedom of religion. In our enthusiasm for Spinoza's conclusion it is easy to overlook the blatant contradiction between this thesis and the central claim of the immediately preceding chapter that "right over matters of religion is vested entirely in the sovereign." There Spinoza emphasizes the necessity that there be but one sovereign in the state and the threat that autonomous religious authorities would pose to the authority of (...) this sovereign. This last claim is, in turn, bolstered by his analysis of the deficiencies of the Hebrew state in the chapter before, chapter 18, according to which it was the usurpation of political authority by priests that ultimately undermined the state. In other words, in chapters 18 and 19, Spinoza makes the case for the strict political control of religion only to conclude his treatise by arguing, in chapter 20, that the purpose of the state is, in reality, freedom and that that freedom manifests itself, in part, in freedom of religion. How could this latter not pose exactly the sort of threat to the sovereign and the state that leads Spinoza to insist on the sovereign's absolute control of religion? How can Spinoza insist that religion be both free and controlled by the state? This paper aims to answer this question and, in the process, explains a number of troubling features of the Theological-Political Treatise. (shrink)

Negative freedom (as opposed to positive freedom) has been widely considered an inherently non problematic notion. This paper attempts to show that, if considered as a good with a minimally objective structure, negative freedom can disrupt the capacity for deliberating in a substantively (that is, non purely formal, decision-theoretic) rational way. The argument turns on the notion of non-satiation, as a property of the objective value of some goods of not changing when the availability of (...) the good is increased. Two classes of non-satiating goods are distinguished, one of which has disruptive consequences for rational deliberation. Negative freedom belongs to this last class; and its non-satiating conceptual nature is defended by means of a simple dispositional analysis of value. It is suggested that also rationality itself can be regarded as a non-satiating good that can disrupt deliberation. (shrink)

Since its advent, predictive DNA testing has been perceived as a technology that may have considerable impact on the quality of people’s life. The decision whether or not to use this technology is up to the individual client. However, to enable well considered decision making both the negative as well as the positive freedom of the individual should be supported. In this paper, we argue that current professional and public discourse on predictive DNA-testing is lacking when it (...) comes to supporting positive freedom, because it is usually framed in terms of risk and risk management. We show how this ‘risk discourse’ steers thinking on the good life in a particular way. We go on to argue that empirical research into the actual deliberation and decision making processes of individuals and families may be used to enrich the environment of personal deliberation in three ways: (1) it points at a richer set of values that deliberators can take into account, (2) it acknowledges the shared nature of genes, and (3) it shows how one might frame decisions in a non-binary way. We argue that the public sharing and discussing of stories about personal deliberations offers valuable input for others who face similar choices: it fosters their positive freedom to shape their view of the good life in relation to DNA-diagnostics. We conclude by offering some suggestions as to how to realize such public sharing of personal stories. (shrink)

Science is widely regarded as the most reliable epistemic source of providing knowledge about the world. Policymakers intend to make purposeful changes in the world. The practice of policymakers relying on scientific experts to make informed decisions about which policies to implement is called Evidence Based Policymaking. This thesis provides a perspective from the philosophy of science in order to discuss the justifiability of Evidence Based Policymaking (EBP) with respect to broadly democratic and liberal values. Justifying EBP with broadly democratic (...) and liberal values entails that the practices of EBP promote, or at least are in harmony with, values such as democratic governance and enhancement of people’s freedom and autonomy. Identifying the conditions under which practices of EBP meet such desiderata minimally requires an understanding of how sciences and scientific experts are instrumental in realizing the public’s values, needs, interests, and pursuit of freedom. In order to approach this project, the thesis adopts a philosophical perspective to conceptualize how sciences are supposed to be guided by or promote society’s values, needs, and interests. Specifically, it adopts a perspective from the philosophy of science that focuses on the relationship between science and (societal) values. The kind of philosophy of science perspective on “values in science” that this thesis adopts has two overarching pursuits relevant for the project of the thesis. Firstly, it seeks to inform the debates about which values and non-epistemic considerations are supposed to inform scientific research. For instance, it discusses the proper sources/owners of the non-epistemic desiderata that inform scientific research and the proper social mechanisms to identify these non-epistemic desiderata (e.g. Kourany, 2010; Kitcher, 2011). Second, it offers theories of the non-epistemic values’ proper roles in scientific reasoning and research that specify how their involvement in science does not unduly compromise the epistemic pursuits of science. The values-in-science perspective thereby seeks to balance the instrumental value of science (i.e., its use to pursue certain societal projects and values) with its epistemic authority (i.e., its objectivity, non-dogmatism, and reliability). The thesis advances an understanding of EBP from the perspective of the values in science by addressing issues that come to the fore when EBP is acknowledged as a value-laden practice of informed decision-making. (shrink)

The values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of (...) violence. They also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. -/- Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place. (shrink)

The Value of Evidence thesis (VE) tells us to gather evidence before deciding in any decision problem, if the evidence is free. This appar- ently plausible principle faces two problems. First, it fails on evidence externalism or nonclassical decision theories. Second, it’s not general enough: it tells us to prefer gaining free evidence to gaining no evi- dence, but it doesn’t tell us to prefer gaining more informative evidence to gaining less informative evidence when both are free. (...) This paper defends an alternative value-of-evidence principle that solves the above two problems. We call it ‘the Comparative Value of Evidence for the Resolute (CVER).’ CVER not only generalizes VE to the comparative case but is also compatible with evidence externalism and nonclassical decision theories. Our argument, if successful, broadens the scope of the value-of-evidence principle and shows that it’s more robust than previously imagined. (shrink)

I argue that it can be morally permissible to coerce people into doing what is good for their own health. I discuss recent initiatives in New York City that are designed to take away certain unhealthy options from local citizens, and argue that this does not impose on them in unjustifiable ways. Good paternalistic measures are designed to promote people's long-term goals, and to prevent them from making short-term decisions that interfere with reaching those, and New York's attempts to ban (...) the sale of sugary drinks larger than 16 ounces and the use of trans fats fall within those parameters. Given our tendency to cognitive bias, we need help in making choices that truly instantiate our values. (shrink)

The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value (...) arising from the increased ability to provide other important resources. Too often, this debate is conducted through trading intuitions about what matters for animals. We argue for the need for the collection of comparative welfare data about wild and captive animals in order to settle the issue. Discovering more about the links between freedom and animal welfare will then allow for more empirically informed ethical decisions regarding captive animals. (shrink)

Some physicians in the United States have strong moral objections to the recent bans or near total bans on abortion in this country. The objections are particularly vehement among those who have been abortion providers. They are concerned about the impact of the new restrictions on patients—on their lives and health, especially patients who are socially marginalized and will not be able to travel to “friendly” states to have abortions (i.e., states that legally permit abortions). They are also worried about (...) the status of women, which they fear will be unequal to that of men in a society where women are not permitted to make such intimate decisions about their lives. For these physicians, not to mention their patients, the bans on abortion are morally devastating. They, the physicians, might even feel compelled by their conscience to provide this care—to engage in what some call the “conscientious provision” of care—even though they could lose their careers and their freedom by doing so. There is currently no legal protection for the conscientious provision of abortion care in the U.S., although there is substantial protection for the conscientious refusal of that care. Physicians working in jurisdictions that have abortion bans put themselves at serious legal risk if they defy these bans for reasons of conscience. In general, their freedom of conscience is very low compared to that of physicians who conscientiously refuse to provide abortions in jurisdictions where abortions are still legal. Using theories of conscience and conscientious objection that I develop in Conscience in Reproductive Health Care (Oxford 2020), I argue that this situation is morally untenable. (shrink)

The Ministry of Transport is planning for the construction of new roads in its territory. Many projects are being considered, and the Ministry needs to identify the worthwhile projects for which the benefits exceed the costs. Among costs and benefits are the expense of constructing the road, the time saved by motorists using the new road rather than some other road, the time saved through the reduction of congestion on other roads, and the expected increase or decrease in the number (...) of deaths due to traffic accidents. I am concerned in this paper with the last item on the list. It is, of course, difficult to estimate fatalities accurately, but this difficulty is neither unique nor central to our problem. The problem is how best to place a monetary value on fatalities, so that the expected number of fatalities can be compared with other costs and benefits in deciding whether to build a road. However chosen, the monetary value of fatalities for use in this context is what the economist means by “the value of life.” The term is almost a joke, a bit of gallows humor to exorcise the ghoulishness that inevitably clings to analysis of life and death in monetary terms. (shrink)

Purpose The purpose of this paper is to address the following question: In times of permanent connectivity, what forms of freedom need to be considered to prevent permanent availability as an unintended consequence? By using the Hegelian perspective on freedom, the paper categorizes three forms of freedom to transfer them to a common, contemporary understanding of freedom relating it to freedom through human-to-human digital communication. The aim is to show that freedom is not only (...) about independence and realizing choices but also about embedding and committing oneself. Design/methodology/approach This mainly conceptual paper derives implications based on the Hegelian theory. This is supplemented by an interdisciplinary approach, whereby categories of other philosophers, ethicists, economists and sociologists are applied. The analysis of the contemporary perspective on freedom is enriched by referencing empirical studies. Findings Digital communication offers new freedom such as working with fewer restrictions from time and space, especially for knowledge workers. It is theoretically possible to work 24 h per day from anywhere, as well as to decide on the final location and timing of one’s work. When solely focusing on these – seemingly advantageous – forms of freedom in times of permanent connectivity, unintended consequences such as the expectation of permanent availability develop. The key message of the paper is that considering one’s temporal and social dependencies is an indispensable part of actual freedom to avoid unintended consequences. Practical implications Organizations need to invest in moral discernment to understand unintended consequences, as well as to cope with them. Originality/value Applying the Hegelian theory on freedom based on digital communication to better understand social dynamics of digital communication is a largely unexplored avenue in the existing scientific literature. The decision to undertake this venture resulted from the identified necessity of understanding freedom better. It is often not clear what is meant by freedom through digital communication. Although freedom is a complex construct, it is often reduced to independence/having a choice and realizing choices. When solely focusing on independence and realizing choices, unintended consequences such as permanent availability often go unnoticed. It is exactly because of these issues that this paper endeavors to examine the meaning of the powerful, yet complex, term of freedom. (shrink)

Pickering, Newton-Howes, and Young argue for an externalist view on assessing decision-making capacity. Pickering, Newton-Howes, and Young argue the harmful consequences of a person’s...

_Purpose_ of the article is to find out the main content and ways of embodying freedom as a value of the volunteer movement in the context of analyzing the social motivation of human behavior in general. _Theoretical basis._ The theoretical basis of the research is the philosophical and anthropological understanding of freedom as a person’s creative overcoming of obstacles to establish his or her eccentric essence. Such a vision is embedded, in particular, in Karl Jaspers’ philosophy of (...) existence, Helmuth Plessner’s philosophy of positioning in the world, and Paul Ricœur’s philosophy of rational choice of life path. _Originality__._ The importance of freedom as a value, as well as other social values, is revealed and specified through the analysis of the values of the volunteer movement. In the desire of people engaged in volunteer work to achieve freedom through other values, the content of freedom as a basis for self-reproduction of the individual, community and society is revealed. _Conclusions._ Representatives of various humanities and social sciences have distinct research interests in analyzing the values inherent in volunteers. As members of a certain society and certain communities in this society, volunteers do not act outside the economy, politics and other spheres of public life, but reveal their freedom through creative and non-standard solutions to economic, political, and other problems. At the same time, research psychologists focus attention on the personal self-realization of a person, theorists and practitioners of social work study volunteers’ desire to gain recognition from peers and other small social groups, and representatives of sociology, political science and other social sciences focus their attention on such socially significant values of volunteering as patriotism, solidarity, etc. The task of social philosophy is to justify the desire to contribute to the public good, which is common to all volunteers. Representatives of philosophical anthropology look for the best social intentions inherent in a person as a member of society in volunteering. Analysis of the values of volunteering as a motivator of human behavior provides knowledge of socially significant values inherent in every member of society to a greater or lesser extent. (shrink)

We spend a lot of time arguing about how schools might be improved. But we rarely take a step back to ask what we as a society should be looking for from education—what exactly should those who make decisions be trying to achieve? In Educational Goods, two philosophers and two social scientists address this very question. They begin by broadening the language for talking about educational policy: “educational goods” are the knowledge, skills, and attitudes that children develop for their own (...) benefit and that of others; “childhood goods” are the valuable experiences and freedoms that make childhood a distinct phase of life. Balancing those, and understanding that not all of them can be measured through traditional methods, is a key first step. From there, they show how to think clearly about how those goods are distributed and propose a method for combining values and evidence to reach decisions. They conclude by showing the method in action, offering detailed accounts of how it might be applied in school finance, accountability, and choice. The result is a reimagining of our decision making about schools, one that will sharpen our thinking on familiar debates and push us toward better outcomes. (shrink)

Libertarian accounts commonly hold that only certain acts of will, such as decisions, can be directly free, with the freedom of actions of other types—whether mental or overt, bodily actions—deriving from that of these acts of will. Here this willist view of freedom is rejected in favor of an actionist view. Event-causal libertarian accounts can do as good a job of characterizing the freedom of actions other than decisions as they can in the case of decisions.

Freeride skiing is the fastest-growing sector of the skiing industry, but there are no studies analyzing its nature and values. First, we provide descriptions of freeride skiing and competitive freeride skiing, trying to analyzing the nature of these activities in comparison and contrast with conceptions of traditional sport and nature sport. Whilst freeride skiing must be seen in some sense as a nature sport, competitive freeride skiing is best seen within the category of traditional sport. However, these ‘new’ sports raise (...) questions about the adequacy of our current categories, leading us to our second task, which was to identify and discuss the values of freeride skiing. We identify freedom and creativity as primary values, which lead to a greater rapport with nature, and a greater attention to risk, danger and safety, as concomitant values. Finally, we briefly indicate further values of the activity, such as responsibility, community and preservation of the practice. (shrink)

Theists typically think the freedom to choose between right and wrong is a great good . Yet, they also typically think that the very best being—God—and inhabitants of the very best place—heaven—lack this kind of freedom. The question arises: if freedom to choose evil is so good, then why is it absent from the best being and the best place? I discuss articulations of this question in the literature and point out drawbacks of answers that have been (...) proposed. I then propose a new answer by showing how freedom to do evil could result in certain good situations even if it does not contribute to the intrinsic greatness of a certain being or place. (shrink)

Algorithms influence every facet of modern life: criminal justice, education, housing, entertainment, elections, social media, news feeds, work… the list goes on. Delegating important decisions to machines, however, gives rise to deep moral concerns about responsibility, transparency, freedom, fairness, and democracy. Algorithms and Autonomy connects these concerns to the core human value of autonomy in the contexts of algorithmic teacher evaluation, risk assessment in criminal sentencing, predictive policing, background checks, news feeds, ride-sharing platforms, social media, and election interference. (...) Using these case studies, the authors provide a better understanding of machine fairness and algorithmic transparency. They explain why interventions in algorithmic systems are necessary to ensure that algorithms are not used to control citizens' participation in politics and undercut democracy. This title is also available as Open Access on Cambridge Core. (shrink)

This book claims that artificial intelligence (AI) may affect our freedom at work, in our daily life, and in the political sphere. The author provides a philosophical framework to help make sense of and govern the ethical and political impact of AI in these domains. AI presents great opportunities and risks, raising the question of how to reap its potential benefits without endangering basic human and societal values. The author identifies three major risks for human freedom. First, AI (...) offers employers new forms of control of the workforce, opening the door to new forms of domination and exploitation. Second, it may reduce our capacity to remain in control of and responsible for our decisions and actions, thereby affecting our free will and moral responsibility. Third, it may increase the power of governments and tech companies to steer the political debate, thereby affecting the possibility of a free and inclusive political participation. The author claims that it is still possible to promote human freedom in our interactions with AI. This requires designing AI systems that help promote workers' freedom, strengthen human control and responsibility, and foster a free, active, and inclusive democratic participation. Human Freedom in the Age of Artificial Intelligence will be of interest to scholars and graduate students working on the ethics of technology, philosophy of technology, political philosophy, design, and artificial intelligence. (shrink)

Kant’s conception of autonomy has been criticised for identifying acting freely with acting morally. As a result, many Kantians have moved away from Kant’s moral conception of autonomy, instead proposing what I will call an “end-set- ting” or “two-way capacity” account of autonomy. I believe that we should resist these revisions and that doing so makes clear why it is only the capacity for moral autonomy that is of unlimited value. What fundamentally distinguishes our free capacity of volition is (...) the fact that we are autonomous. This capacity en- ables us to have a conception of unlimited goodness that gives us the dignity, i. e. the unlimited value, that non-autonomous beings lack. (shrink)

Five studies replicate and extend recent experimental findings on a divergence between theoretical and subjectively-experienced decision freedom. While conditions like conflict, uncertainty, or com...

In this chapter, I make three main points. First, I argue that, on Locke’s view, the power of human freedom is good because it allows us to be determined by the goods we have chosen for ourselves. Under ideal conditions, this power allows intellectual beings to attain happiness. There is, however, ample evidence that many intellectual beings are unhappy. This observation leads me to my second point. For Locke, bad choices are no less freely made than good ones. This (...) is because bad decisions come from bad judgments about the intrinsic value of things, not from weakness of will. I next pose the question of how Locke understands the mechanism of our evaluation of the intrinsic value of things. I advance my third point by noting that while Locke thinks that many of our inclinations are engrained in childhood, it is possible for even the most inveterate sinners to change the way they perceive value, thereby changing their behavior. (shrink)