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)

Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods (...) in the inception of Islam, which have similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on Shari’ah law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples. (shrink)

Recent Supreme Court decisions have established second tier protection for commercial speech under the First Amendment by according it some, but not all, of the protections accorded ideological speech. The Court''s arguments closely parallel John Staurt Mill''s utilitarian arguments about liberty, liberty-limiting principles and trade in his classic essay,On Liberty, and hence are subject to the same defects as any utilitarian analysis and justification of a right. Recent philosophical apologies for the Court''s bifurcated approach to free speech are unpersuasive. (...) Commercial speech protects fundamental interests. There are important connections between freedom of commercial speech and political and personal autonomy. It is possible to extend full protection to commercial speech, while simultaneously minimizing its potential for abuse. Such considerations provide compelling arguments for taking the right to freedom of commercial communication seriously by according it full First Amendment protection and by restricting it only when competing and over-riding rights claims, or weightier considerations of justice, can be adduced. (shrink)

This article concerns freedom and financial markets. First, I consider the republican case for liberalization, extending Robert Taylor’s economic model of republicanism to financial markets. This case adopts what I call a “philosopher-king” approach to political theory, arguing by reference an ideal or first-best set of policies or reforms. Then, I investigate the negative externalities of several decades of financial market liberalization, including the erosion of political accountability and the growing concentration of political and economic power in the hands (...) of those best suited to profit from the rise of finance. From this “political economy” perspective, the impact of liberalization is clear: we paid for greater access to credit with political and economic domination. In republican terms, we traded freedom for credit. My analysis, moreover, has implications for republican debates on freedom and the market. In second-best worlds, where reforms will almost certainly be incremental, shaping the balance of power in ways that impact future policy, judging reforms by reference to a vision of domination-free markets will often suggest policies that make individuals less free. The political economy approach is far more relevant to debates about which economic institutions further or hinder freedom as non-domination. (shrink)

Trade and immigration are generally described as separate dimensions of globalization. This Article challenges that story by focusing on settings where states and private actors are bringing the two together to achieve disparate economic and policy goals. In one of the two sets of cases analyzed here, governments in the Global South are seeking to increase trade through the use of migrant labor, attracting transnational firms to export manufacturing zones by importing lower-cost workers from other countries. In the (...) other, policymakers in the Global North are seeking to decrease immigration through the use of trade by investing in export processing zones in migrant origin countries, on the theory that more trade, and the employment it creates, will deter onward migration to the Global North. I use these contexts as the starting point for a reconsideration of core ideas in trade and migration policy and theory. In the first set of cases, governments are constructing a comparative advantage in labor from whole cloth, by bringing in workers from other countries on terms that restrict their freedom and subject them to exploitation at work. This challenges the usual description in the trade literature of labor cost as a natural phenomenon based on local wage and productivity levels, and thus a legitimate source of advantage in trade. Meanwhile, transnational firms that locate production in such export processing zones sidestep the ordinary choice between benefiting from global wage differentials by moving work overseas or by hiring migrant workers. Instead, they do both simultaneously, a strategy I term “double labor arbitrage.” I explore the ways in which the construction of comparative advantage and double labor arbitrage operate together to extract additional value from workers for the benefit of states and corporations. With regard to the second set of cases, I draw on recent empirical economic scholarship to challenge the argument that more trade will decrease emigration. More profoundly, I question the normative justification for these proposals, given the treatment of workers in the zones. Although proposed as a “solution” to immigration, I argue that they are much more likely to deepen the problems that drive it. Immigration and trade law do not bar any of the developments I analyze here. The question is whether they should. This Article—the first step in a larger project—launches that inquiry. (shrink)

Two recent books consider the future of trade governance.Consent and Tradeproposes reforms to trade agreements so that states can consent more freely to their terms.On Trade Justicedefends reforms to the World Trade Organization, arguing that multilateralism is the foundation for a “new global deal” on trade. Each book describes trade's distinctive features and proposes a principle to regulate both trade and trade governance.Consent and Tradedefends a principle of respect for state consent in (...) trade agreements.On Trade Justiceoffers a theory of trade justice that requires nonexploitation. Consent and nonexploitation are important principles for economic exchanges. However, trade governance and trade itself are different forms of cooperation, with different agents and different interests at stake. Consent and nonexploitation are less compelling as principles for trade governance than for trade itself. Both books understate the conflict between their principles for trade governance and liberal justice. (shrink)

Codes of conduct are the main tools to privately regulate worker rights in global value chains. Scholars have shown that while codes may improve outcome standards (such as occupational health and safety), they have had limited impact on process rights (such as freedom of association and collective bargaining). Scholars have, though, only provided vague or general explanations for this empirical finding. We address this shortcoming by providing a holistic and detailed explanation, and argue that codes, in their current form, (...) have limited impact on trade union rights due to (i) buyers paying lip service to trade union rights, (ii) workers being treated as passive objects of regulation in codes of conduct, (iii) auditing being unable to detect and remediate violations of trade union rights, (iv) codes emphasizing parallel means of organizing, (v) suppliers having limited incentives for compliance, and (vi) codes being unable to open up space for union organizing when leveraged in grassroots struggles. Our arguments suggest that there is no quick fix for codes’ limited impact on trade union rights, and that codes, in their current form, have limited potential to improve trade union rights. We conclude by discussing ways in which codes of conduct, and private regulation of worker rights more generally, could be transformed to more effectively address trade union rights. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that (...) pure negative freedom is clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

In this paper, we aim to examine the relationships between four solutions to the dilemma of divine foreknowledge and human freedom—theological determinism, Molinism, simple foreknowledge and open theism—and divine providence and theodicy. Some of these solutions—theological determinism and Molinism, in particular—highlight God’s government of the world. Some others—simple foreknowledge and open theism—highlight human autonomy and freedom. In general, the more libertarian human freedom is highlighted, the less God’s government of the history of the world seems possible. However, (...) the task of theodicy becomes easier because humans are fully responsible for the evil they do. Conversely, the more God’s government is highlighted, the more human freedom seems to be restricted. Moreover, God seems to be directly or indirectly responsible for evil in the world. Because of the trade–off between control and freedom, each solution finds itself at ease with some problems, while on other fronts, it must adopt a defensive position. As we will see, no solution can solve all problems; thus, the pros and cons of each solution should be weighed carefully. (shrink)

The common view is that insider trading is always unethical and illegal. But such is not the case. Some forms of insider trading are legal. Furthermore, applying ethical principles to insider trading causes one to conclude that it is also sometimes ethical. This paper attempts to get past the hype, the press reports, and the political grandstanding to get to the truth of the matter. The author applies two sets of ethical principles – utilitarianism and rights theory – in an (...) attempt to determine when, and in what circumstances, insider trading is ethical. The views of Henry Manne, an early proponent of insider trading, are critically examined, as are the major arguments against insider trading. Is insider trading good for the company if it is used as a form of executive compensation which makes it possible to pay lower salaries than would otherwise be the case? Does insider trading cause the stock market to work more efficiently? If insider trading does increase efficiency, is that sufficient to call for its total legalization, or are there other things to be considered? Several arguments against insider trading have been put forth over the last few decades but there are problems with all of them. One of the main arguments is the fairness argument. The problem with this argument is that different people have different definitions of unfairness. A closely related argument is the level playing field argument, which advocates wider dissemination of information so that it is less asymmetric. One problem with the level playing field argument is that it is better applied to sporting competitions than to trading in information. Some economists argue that forcing the disclosure of nonpublic information can actually result in more harm than good and must necessarily involve the violation of property rights. Other arguments examined in this chapter include the fiduciary duty argument, the problem of outside traders, the misappropriation doctrine and the restrictions that insider trading laws place on freedom of speech and press. The article concludes by setting forth some principles or guidelines to determine when insider trading should be punished and when it should not. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:David Hume and the Danish Debate about Freedom of the Press in the 1770sJohn Christian LaursenWhen the reception history of David Hume’s political writings is written, there will have to be some discussion of their fate in “peripheral” countries like Denmark. Hume’s “Of Liberty of the Press” was translated into Danish as early as 1771. It is not widely known that Denmark was the first country officially to (...) declare freedom of the press and that a lively debate broke out once such freedom was declared. Hume’s essay was put to work in that debate. The story of this translation provides insights into the influence of Hume’s ideas in peripheral countries in Europe, and of Denmark in continental European ideas. Among other things, here we have an example of Hume’s work used in a concrete propaganda battle.The Danish translation of Hume’s essay was published as the last of three supplemental essays in a 31-page pamphlet entitled Mr. F. A. de Voltaire’s Letter to His Majesty the King of Denmark concerning freedom of the press in his states, together with some essays of relevant content. 1 A copy can be found at the Royal Library in Copenhagen in volume twenty of the forty-five bound volumes of pamphlets and booklets from 1770 to 1773 which make up Luxdorph’s Collection of Press Freedom Writings. 2 These pamphlets, in German, French, and (mostly) Danish, were collected at the time by Bolle Willum Luxdorph, a Danish man of letters and court counselor. [End Page 167]The occasion for Voltaire’s letter and our pamphlet was King Christian VII’s declaration of freedom of the press in his territories (the Kingdoms of Norway and Denmark and the Duchy of Schleswig-Holstein) on 4 September 1770. It was in the form of a Cabinet Order to his Danish Chancellery, in the following words:We are fully convinced that it is as harmful to the impartial search for truth as it is to the discovery of obsolete errors and prejudices, if upright patriots, zealous for the common good and what is genuinely best for their fellow citizens, because they are frightened by reputation, orders, and preconceived opinions, are hindered from being free to write according to their insight, conscience, and conviction, attacking abuses and uncovering prejudices. And thus in this regard, after ripe consideration, we have decided to permit in our kingdoms and lands in general an unlimited freedom of the press of such a form, that from now on no one shall be required and obliged to submit books and writings that he wants to bring to the press to the previously required censorship and approval, and thus to submit them to the control of those who have undertaken the business until now of inspecting them; so have we graciously revealed and made known this our will concerning our kingdoms to our Danish Chancellery. Given at Friedrichsberg, the 4 September 1770. Christian. 3The foregoing cabinet order was largely the idea of Johann Friedrich Struensee, court physician and soon to be Prime Minister for Christian VII. 4 Less than ten years earlier, two periodicals he was involved with when he lived in Danish Altona had been suppressed, 5 and when he came to power by a series of accidents, one of his first acts was to arrange for the king to declare freedom of the press. [End Page 168]Response to this declaration was immediate. In Denmark it led to a flurry of pamphlets on a myriad of topics, including the high cost of living and the salaries of ministers, 6 monopolies and trade issues (vol. III), coinage (vol. IV), civil servants, the public debt, the agricultural economy (vol. V), the abolition of tenant farmers’ work obligations (vol. VI), the Iceland trade (vol. VII), marriage law, breweries (vol. VIII), banks, lotteries (vol. IX), soldiers’ and sailors’ pay (vol. X), the Norwegian economy (vol. XI), the universities and academies (vol. XII), the power of women (vol. XIII), irreligion and impiety (vol. XIV), prophecies of doom (vol. XV), fables, allegories and libels (vols. XVI–XVIII), and the eternity of hell (vol. XIX).Many pamphlets discussed press freedom... (shrink)

Randomized controlled trials test new drugs using various debiasing devices to prevent participants from manipulating the trials. But participants often dislike controls, arguing that they impose a paternalist constraint on their legitimate preferences. The 21st Century Cures Act, passed by US Congress in 2016, encourages the Food and Drug Administration to use alternative testing methods, incorporating participants’ preferences, for regulatory purposes. We discuss, from a historical perspective, the trade-off between trial impartiality and participants’ freedom. We argue that the (...) only way out is considering which methods improve upon the performance of conventional trials in keeping dangerous or inefficacious compounds out of pharmaceutical markets. (shrink)

I have argued elsewhere that in past history, freedom of speech, whether granted to few or many, was granted as bestowing some important benefit. John Stuart Mill, for example, in On Liberty, saw it as enabling us to learn from each other through discussion. By the test of benefit, I here argue that social media that are funded through trade in our personal data with advertisers, including propagandists, cannot claim to be supporting free speech. We lose our freedoms, (...) if the personal data we entrust to online social media are used to target us with information, or disinformation, tailored as persuasive to different personalities, in order to maximize revenue from advertisers or propagandists. Among the serious consequences described, particularly dangerous because of its effect on democracy, is the use of such targeted advertisements to swing voting campaigns. Control is needed both of the social media and of any political parties that pay social media for differential targeting of voters based on personality. Using UK government documents, I recommend legislation for reform and enforcement. (shrink)

In this article Mare liberum is placed within the context of seventeenth-century European politics. It focuses on the development of conventional relations between European States regarding their interests outside of Europe and their importance concerning the status of Asian and African 'actors'. It turns out that in spite of Mare liberum's high-sounding proclamation of equality of non-European sovereigns with European States, Grotius's position as well as Dutch policy was inspired by self-interest and was essentially opportunistic. The Dutch Republic – as (...) well as other European States – used the 'liberal' principles of Freedom of trade and the Universality of the Law of Nations to attack the Portuguese/Spanish claims of monopoly. However, as the Dutch Republic, Great Britain and France developed their own 'Spheres of Interest' in Asia, Africa and the Americas, they effectively excluded would-be competitors. Indeed, in the eighteenth century the 'pacte colonial' constituted a distinctive characteristic of the conventional and customary 'European Law of Nations'. As non-European political actors in the eighteenth century relatively lost military and political power, the European States finally relegated them to an inferior position, beyond the charmed circle of full 'subjects of Public International Law'. The article also is a contribution to the ongoing discussion about the relation between European imperialism and the development of the doctrine of European International Law. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this (...) rule-of-law requirement and compare liberal and republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Mill's free speech doctrine is distinct from, yet compatible with, his central principle of ‘purely self-regarding’ liberty. Using the crucial analogy with trade, I claim that he defends a broad laissez-faire policy for expression, even though expression is ‘social’ or other-regarding conduct and thus legitimately subject to social regulation. An expedient laissez-faire policy admits of exceptions because speakers can sometimes cause such severe damage to others that coercive interference with the speech is justified. In those relatively few contexts where (...) interference is called for, however, the central principle of self-regarding liberty sets absolute limits to the scope of society's regulatory authority. Regulation can never amount to an outright ban of any type of expression that can be consumed by the individual without direct and immediate harm to others. Nevertheless, and perhaps surprisingly, the central liberty principle admits censorship of certain extraordinary types of expression which necessarily harm others. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of (...) consultation, vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

Free Trade Reimagined begins with a sustained criticism of the heart of the emerging world economy, the theory and practice of free trade. Roberto Mangabeira Unger does not, however, defend protectionism against free trade. Instead, he attacks and revises the terms on which the traditional debate between free traders and protectionists has been joined. Unger's intervention in this major contemporary debate serves as a point of departure for a proposal to rethink the basic ideas with which we (...) explain economic activity. He suggests, by example as well as by theory, a way of understanding contemporary economies that is both more realistic and more revealing of hidden possibilities for transformation than are the established forms of economics. One message of the book is that we need not choose between accepting and rejecting globalization; we can have a different globalization. Traditional free trade doctrine rests on shaky empirical and theoretical ground. Unger takes a new approach to show when international trade is likely to be useful or harmful to the socially inclusive economic growth that every nation wants. Another message is that the movement of people and ideas is more important than the movement of things and money, and that freedom to change the institutions defining a market economy is just as important as freedom to exchange goods on the basis of those institutions. Free Trade Reimagined ranges broadly within and outside economics. Presenting technical issues in plain language, it appeals to the general reader. It puts a disciplined imagination in the service of rebellion against the dictatorship of no alternatives that characterizes life and thought today. (shrink)

According to the reports in the past decade, some Asian subcontractors, mainly Taiwan, Hong Kong and Korea transnational corporations, tend to be labor abusive in their overseas investment destinations like China or Southeast Asia. Taking Vietnam as an example, this paper raises questions as to why Taiwanese transnational companies can control workplace unions in a trade-union-supportive regime. Given the government s constraint of political rights, and the individualized workplace unions, the function of trade unions in Vietnam is destined (...) to be limited. The trade unions turn out be an arm of management, rather than representing workers interests in these transnational companies. This article also explores the influence of the newly developed codes of conducts from Western buyers. In the survey of three companies which are required to follow the codes of conduct by buyers, trade unions had no more freedom than those in companies without codes of conduct. The paper discusses the implications of this research, offering strategies for labor rights improvements. (shrink)

Proponents of evidence-based policy (EBP) call for public policy to be informed by high-quality evidence from randomized controlled trials. This methodological preference aims to promote several epistemic values, e.g. rigor, unbiasedness, precision, and the ability to obtain causal conclusions. I argue that there is a trade-off between these epistemic values and several non-epistemic, moral and political values. This is because the evidence afforded by preferred EBP methods is differentially useful for pursuing different moral and political values. I expand on (...) how this challenges ideals of value-freedom and -neutrality in EBP, and offer suggestions for how EBP methodology might be revised. (shrink)

Discussions about freedom of speech and academic freedom today are about the limits to those freedoms. However, these discussions take place mostly in the higher education trade press and do not receive any serious attention from academics and educationalists. In this paper several key arguments for limiting academic freedom are identified, examined and placed in an historical context. That contextualisation shows that with the disappearance of social and political struggles to extend freedom in society there (...) has come a narrowing of academic life and a new and impoverished concept of 'academic freedom' for a diminished idea of the human subject, of humanity and of human potential. (shrink)

This paper examines the ethics of the Australian business community’s responses to the phenomenon of modern slavery. Engaging a critical discourse approach, we draw upon a data set of submissions by businesses and business representatives to the Australian government’s Joint Standing Committee on Foreign Affairs, Defence and Trade ‘Parliamentary Inquiry into Establishing a Modern Slavery Act in Australia’—which preceded the signing into law of Australia’s Modern Slavery Act 2018—to examine the business community’s discursive construction in their submissions of the (...) ethical–political concept of freedom. The paper shows how the concept of freedom was employed by Australian business in a manner that privileged their own subject status and advocated for legislation with minimal burden. Relating this contemporary case to a longer historical context, we show how Australian business responses towards modern slavery map onto liberal and neoliberal ethics in which the freedom of the propertied takes precedent over that of the property-less. Further, we show discursive similarities in the arguments presented by modern Australian businesses and certain historical efforts by members of the business community to privilege commercial freedoms in responses to 18th and 19th Century abolitionist movements. Overall, our research makes two important contributions: first, it highlights the value of a critical discourse lens in business ethics research to show how business and other stakeholders in the field construct and shape their own and other’s ethically-laden understanding of reality; and second, it presents a case for considerable scepticism about the motivation of business to employ the freedoms made available to it under neo/liberal discourse to confront a key human rights challenge. (shrink)

In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will (...) lead to an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance. (shrink)

The present article examines the theology of John Zizioulas with a view to understanding its coherence and viability for ecclesiology. Instead of treating his trinitarian theology, or his historical claims, I focus upon the basic themes of his personalistic ontology, especially the relationship between the ‘hypostasis’ and its ‘nature.’ I argue that Zizioulas's central concept of freedom rests upon an equivocation: he affirms both that freedom and being are identical, and that they are mutually exclusive. In conversation with (...) the philosophy of Levinas, I further argue that Zizioulas's proposal, as an ontology of communion, falls prey to the same reduction of being to thought that forms the central tenet of Western conceptions of subjectivity. In conclusion, I argue that both of these problems trade on a basic inability to account for grace as the fundamental reality of communion. Throughout my basic concern is to inquire into just what function the category of ‘being’ has in Zizioulas's theology, and to point out its surprising obscurity. (shrink)

When did liberal political theory, or perhaps liberal political economy, begin? Although many would trace their beginnings to the writings of Adam Smith, David Hume, or perhaps John Locke, in fact many of the propositions we today recognize as forming the core of liberalism were articulated in the first half of the seventeenth century by an unduly neglected group called the Levellers and their leader John Lilburne. In this essay, I first give some historical background and context to the Levellers (...) and Lilburne. Next, I articulate several of their liberal positions, including freedom of religion, freedom of speech, and freedom of commerce and trade, and I examine their justifications for these positions, which I argue were both novel and radical. I conclude by exploring the contemporary relevance of the Levellers and argue that they should be considered as among liberalism’s most important founders. (shrink)

The societal and ethical impacts of emerging technological and business systems cannot entirely be foreseen; therefore, management of these innovations will require at least some ethicists to work closely with researchers. This is particularly critical in the development of new systems because the maximum degrees of freedom for changing technological direction occurs at or just after the point of breakthrough; that is also the point where the long-term implications are hardest to visualize. Recent work on shared expertise in Science (...) & Technology Studies (STS) can help create productive collaborations among scientists, engineers, ethicists and other stakeholders as these new systems are designed and implemented. But collaboration across these disciplines will be successful only if scientists, engineers, and ethicists can communicate meaningfully with each other. The establishment of a trading zone coupled with moral imagination present one method for such collaborative communication. (shrink)

In November 2019 the EU Whistleblower Directive came into force. Whistleblowing has been described as a human right and a freedom fundamental to democracy. But it is not always straightforward to understand concrete cases of reporting wrongdoing in terms of abstract political philosophy. This paper uses a discussion between Berlin and Skinner about what negative freedom is, as a theoretical framework to understand the struggles of a campaigning platform of trade unions and civil society organizations, in the (...) coming about of the EU Whistleblower Directive. The paper is empirically based on a document analysis of two Resolutions in the European Parliament, the European Commission’s proposal text, the approved text in the European Parliament, and messages on the listserv of the campaigning platform between February 2017 and April 2019. The paper provides insights on how whistleblowing freedom relates to public interest and autonomy. (shrink)

Excerpt from The Community of the Future Page part 3 the right TO earn. 455 section 1 the development IN economic life and law Introduction 459 A. The development IN urban industries and the influence OF the law 463 Chapter 20. The dissolution of the old industrial organisations, the craft guilds 464 Unrestricted economic freedom of trade 464 I. England and North America 468 II. 496 Chapter 21. The Formations of the New Organisations of Industry and their Struggle (...) for Legal Recognition 504 1. England 509 II. The other [countries 515 Chapter 22. The Struggle for Power of the Organisations. The Period of Boycotting 517 I. Boycott-persecution 525 1. Penal Law 530 2. Civil Law 530 531 B. Other Countries II. The Trust Problem and the Law of the Great Industrial Countries 538 1. England 538 2. United States 540 3. France and: Germany 545 B. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

As multinational firms explore new and promising national markets two of the most crucial elements in the strategic decision regarding market-entry are the level of corruption and existing trade barriers. One form of corruption that is crucially important to firms is the theft of intellectual property. In particular, software piracy has become a hotly debated topic due to the deep costs and vast levels of piracy around the world. The purpose of this paper is to assess how laissez-faire (...) class='Hi'>trade policies and corruption affect national software piracy rates. Using invisible hand theory, as well as literature from the fields of international strategy and ethics, formal research hypotheses are posited and tested. Results suggest that corruption mediates the relationship between economic freedom and software piracy. Implications for multinational managers and researchers are also addressed. (shrink)

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and striking (...) insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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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)

Pharmaceutical companies routinely engage physicians, particularly those with prestigious academic credentials, to deliver educational talks to groups of physicians in the community to help market the company's brand-name drugs. These speakers receive substantial compensation to lecture at events sponsored by pharmaceutical companies, a practice that has garnered attention, controversy, and scrutiny in recent years from legislators, professional associations, researchers, and ethicists on the issue of whether it is appropriate for academic physicians to serve in a promotional role. These relationships have (...) become so contentious that three years ago the pharmaceutical industry trade association, the Pharmaceutical Research and Manufacturers of America, adopted voluntary guidelines stating that drug companies should stop giving doctors free pens, calendars, sports bags, or tickets to entertainment events. Further, numerous medical associations, such as the Association of American Medical Colleges, the American Board of Internal Medicine and the Institute on Medicine as a Profession, and government bodies such as the Institute of Medicine have recommended that medical schools and teaching hospitals prohibit or strongly discourage faculty from participating in so-called industry Speakers Bureaus — promotional events designed solely to market pharmaceutical products. (shrink)

Human activities have become more and more internationalized in the course of recent decades and globalization is a major fact of our time. Latest changes in economics, politics and technology are not always well understood and well accepted. Many people consider globalization as detrimental since it is assumed that it destroys jobs in developed countries because of the alleged competition from low-wage countries, and that it could lead to a “standardization” of lifestyles and even cultures. Some wrongly believe that given (...) these dangers, the economic globalization should be accompanied by globalized economic policies, that actually curb freedom of trade. Our article clarifies the meaning of freedom of trade and competition, underlines the fact that there are two radically opposed approaches to integration and discusses, finally, accomplishments or projects concerning taxation, regulations, monetary integration and banking union. (shrink)

Although very numerous ethical issues in the market of famous paintings are commented on, those aspects of auctions, Freedom of creation and preservation of cultural assets were picked up in this study to discuss, for the 3 aspect are the objects involved in legal problems, not to mention moral problems causing problems even between the nations. First, Auction related ethical issues include forgeries, appraisal and auctions. Forgeries include the coping or cribbing of the whole of an original Work, division (...) of an original work, completion of an incomplete original work and selling of work for education, etc. The appraisal distinguishing imitation from an original is conducted in 2 ways, one of which is to identify genuine and fake, and the other is price appraisal. However, our country is lack of appraisers and appraisal organizations, along with incomplete appraisal system and appraisal procedures. Appropriate appraisal distinguishing imitation from an original will enable transparent trade of famous paintings contributing to the revitalization of their market. Auction is contributing to the legalization of the trade in various great paintings heightening the public confidences for the great works of art. However, the participants in the trade through action are required high ethics not to use it as a means of tax evasion. Together with the rise in ethics of the people running art museum to preserve and exhibit the great works of art. The ethical issues relating to the freedom of creation include the production and censorship of licentious pictures and pornographies. Those who claim for the freedom of creation take a stand that the making of licentious pictures and pornographies should also be permitted acknowledging their artistic values, and making censorship unnecessary, for sexual amusements are also a part of human life. On the other hand, people on the opposite side insist that the freedom of creation need to be limited from the moral and educational views tightening the censorship. Some of the licentious pictures in the Chosen Dynasty hold artistic values and used for education purposes. However, the social conditions of today that stressing the merchantable quality of the famous paintings make them unfree from the issue of pornography censorship. The cultural assets related ethical issues are involved in thefts, plunders, returns, destructions and preservations of the cultural assets of great works of art. Such issues sometimes become the causes for diplomatic conflicts between the nations. What is important in this matter is our peoples' high ethics in culture. Nationwide and pan-national concerns for the movement of repatriating cultural assets of the great works of Art are required. The destructions of the famous paintings are done by artificially ways and natural disasters. Either way is in need of our ethics to prevent any destruction of cultural assets and strong sense of obligations of the people involved in cultural assets restoration. (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)

Global climate change raises profound questions for social and political theorists. The human impacts of climate change are sufficiently broad, and generally adverse, to threaten the rights and freedoms of existing and future members of all countries. These impacts will also exacerbate inequalities between rich and poor countries despite the limited role of the latter in their origins. Responding to these impacts will require the implementation of environmental and social policies that are both environmentally effective and consistent with the equality (...) and liberty of populations to which they are applied. This article considers whether global emissions trading, namely, the creation of a global market for tradable allowances conferring the right to emit a certain amount of greenhouse gas over a specified time period, is normatively defensible from a liberal egalitarian perspective. After a brief review of the theory and practice of emissions trading, a number of normative objections to the international trade in emissions allowances are analysed. These objections appeal to one, or a combination, of two claims. First, emissions trading schemes are likely to produce undesirable outcomes, such as environmental neglect, in the further future. I call these ‘instrumental objections’. Second, emissions trading schemes violate non‐consequential norms of justice and fairness. I call these ‘intrinsic objections’. It is argued that, when combined, instrumental and intrinsic objections indicate that instituting a global network of emissions trading schemes, as envisioned by a number of parties to the Kyoto Protocol and Copenhagen Accord, would be illegitimate in absence of significant procedural and consequential safeguards. (shrink)

Freedom and security are often portrayed as things that have to be traded off against one another, but this view does not capture the full complexity of the freedom-security relationship. Rather, there seem to be four different ways in which freedom and security connect to each other: freedom can come at the cost of security, security can come at the cost of freedom, freedom can work to the benefit of security, and security can work (...) to the benefit of freedom. This paper analyses each of these connections in turn. It shows that particular understandings of freedom can help us to see particular connections between freedom and security. The practical examples used to illustrate these connections are drawn from the context of the COVID-19 pandemic. It will be suggested that, in the face of challenges such as this one, taking into account all four connections between freedom and security can ultimately help decision-makers in upholding both. (shrink)

Tinkering with technologies and other human-made artifacts is a longstanding practice. Freedom to tinker has largely existed without formal legal recognition. Tinkering has typically taken place in an unregulated zone within which people were at liberty to act unobstructed by others so long as they did not harm others. The main reason why it now seems desirable to articulate some legal principles about freedom to tinker and why it needs to be preserved is because freedom to tinker (...) is being challenged by some legal developments. This Article explains that user-innovators have traditionally had considerable freedom to tinker under trade secrecy, patent, and trademark laws. Although copyright law permits a modest degree of tinkering with existing products, it restricts freedom to tinker more than other IP laws. Copyright law and sometimes contract law place substantial constraints on user rights to tinker with and modify computer programs and other digital works. These constraints are of particular concern to tinkerers because computer programs are embedded in such a wide range of technologies these days. This Article offers suggestions about how and why the law should protect a zone of freedom to tinker for socially beneficial purposes. (shrink)

It is well-established that policy aiming to change individual consumption patterns for environmental or other ethical reasons faces a trade-off between effectiveness and public acceptance. The more ambitious a policy intervention is, the higher the likelihood of reactionary backlash; the higher the intervention’s public acceptance, the less bite it is likely to have. This paper proposes a package of interventions aiming for a substantial reduction of animal product consumption while circumventing the diagnosed trade-off. It couples stringent industry regulation, (...) which lowers output and raises prices, with a targeted universal income at a level which would allow typical households to maintain their animal product consumption even at the post-regulation price level. The change of opportunity costs of animal products, however, would induce a shift of consumption away from animal products while enhancing – rather than diminishing – consumer freedom and welfare. The policy package, which is further designed to cohere with traditional value orderings rather than relying exclusively on progressive concerns, is politically ambitious, but psychologically pragmatic. It constitutes an attempt to socialize the endeavour of bringing consumption patterns in line with ethical demands by empowering, rather than sanctioning, individuals, and relevant groups. (shrink)

Russell brought three arguments forward against Meinong's theory of objects. None of them depend upon a misinterpretation of the theory as is often claimed. In particular, only one is based upon a clash between Meinong's theory and Russell's theory of descriptions, and that did not involve Russell's attributing to Meinong his own ontological assumption. The other two arguments were attempts to find internal inconsistencies in Meinong's theory. But neither was sufficient to refute the theory, though they do require some revisions, (...) viz. a trade-off between freedom of assumption and unhmited characterization. Meinong himself worked out the essentials of the required revisions. (shrink)

The concepts of freedom, equality and solidarity are known as the three core demands of the French Revolution and are still central to modern societies. A reconstruction of these concepts cannot be done in a linear way, and a closer examination shows that they are often ambiguous. Keeping this in mind, it is important to distinguish between positive and negative liberty or that equality can refer to different aspects. For example, there is the concept of equality in distribution, in (...) procedures also a concept of egalitarian results. Moreover, the idea of solidarity seems to be complex as it can occur in social communities on the one hand or in a contractual manner in trade unions or based on insurance law on the other hand. Although these three concepts were criticized and transformed throughout history, the demand for freedom, equality and solidarity is still present today. (shrink)

This article analyses the relationship between power and freedom. In the first part, two ideal types of freedom are distinguished: natural freedom and social freedom. These forms of freedom are theorized as in tension relative to levels of social integration, mutual dependence and power-to. Social freedom consists in the duality of structure, where constraints limit natural freedom, but simultaneously enables power-to. In the second half, the four dimensions of power are analysed, relative to (...) these two forms of freedom. The first dimension concerns decisional freedom; the second structural bias which actors are aware of; the third concerns epistemic reasons for accepting a disadvantageous trade-off of natural to social freedom; and in the fourth dimension, relations of un-freedom and freedom are explained relative to the construction of social ontology. The article argues that in complex modern society social freedom requires restraint upon natural freedom. (shrink)

The debate around lockdowns as a response to the recent pandemic is typically framed in terms of a tension between freedom and health. However, on some views, protection of health or reduction of virus‐related risks can also contribute to freedom. Therefore, there might be no tension between freedom and health in public health restrictions. I argue that such views fail to appreciate the different understandings of freedom that are involved in the trade‐off between freedom (...) and health. Grasping these distinctions would allow to appreciate why different people give more weight to different aspects of limitations of freedom, including whether certain options are made simply risky or impossible, whether limitations of freedom are posed intentionally or happen accidentally, whether risks are beyond a threshold of acceptability, and who gets to decide that. I provide a conceptual analysis of the relationship between different types of freedom, public health policies, viruses and diseases. As I argue, identifying what freedom‐based reasons count for and against different types of public health restrictions requires distinguishing between viruses and diseases, between lockdowns and other types of restrictive policies, and between risks posed by viruses and threats of penalties involved by restrictive policies. (shrink)

Many critics of increasing freedom of trade and of movement, and the phenomena of cosmopolitanism and globalization that result from such freedom, insist that the consequence of greater trade and movement is a net loss of identity. Globalization is, they allege, destructive of personal identity itself, which they see as reliant on sharply delineated differences among cultures. This paper sets out the anti-globalist critique and then shows that cosmopolitanism and globalization are hardly new phenomena, but have (...) deep roots in European civilization. The threat allegedly posed by globalization to personal identity is described and the arguments of its main proponents given, followed by a critique of the theory of personal identity implicit in the argument and an alternative theory of personal identity is described; that theory is both truer to lived human experience and fully compatible with the securing of personal identity in the context of an increasingly globalized world of free individuals. (shrink)

'This is a powerful piece of advocacy. I'd pick Ewing and Gearty for my counsels any day.' -Bernard Porter, LRBThis book is an account of the struggle for civil liberties against the State in which groups such as the anti-war protestors, the Irish nationalists, the Communist party, trade unionists, and the unemployed workers' movement found themselves involved in the first half of the twentieth century. All had to fight for their civil liberties in the face of strong opposition from (...) the State, including the judges whose attitude to civil liberties was often deeply hostile, and at odds with their supposed role as defenders of freedom. (shrink)

But if you want to be free, you've got to be a prisoner. It's the condition of freedom—true freedom.‘True freedom!’ Anthony repeated in the parody of a clerical voice. ‘I always love that kind of argument. The contrary of a thing isn't the contrary; oh, dear me, no! It's the thing itself, but as it truly is. Ask any die-hard what conservatism is; he'll tell you it's true socialism. And the brewer's trade papers; they're full of (...) articles about the beauty of true temperance. Ordinary temperance is just gross refusal to drink; but true temperance, true temperance is something much more refined. True temperance is a bottle of claret with each meal and three double whiskies after dinner…. (shrink)

Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory Commercial System', is generally regarded as an early classic statement of the beneficial (...) effects of freedom of trade. In the these pioneering essays written in 1820-2, Bentham provided a penetrating critique of colonialism from within the liberal utilitarian tradition. Applying his general principles to the case of Spain and Spanish America, he argued that any attempt by Spain to maintain dominion over her Empire, or even to maintain a claim to the dominion was fundamentally misguided. Colonies were not a source of wealth to the colonizing country, but rather led to the imposition of increased taxation. Moreover, the existence of colonies increased the amount of patronage at the disposal of Spain's rulers, and thus would facilitate the corruption of the members of the new legislative assembly and eventually lead to the restoration of the ancient despotism. Colonies were not only wasteful and expensive, but posed a threat to constitutional government itself. The should therefore be granted unconditional independence, as a prererequisite to the establishment of unrestricted commercial relations, which would produce mutual benefit to both Spain and Spanish Amarica. (shrink)

John Stuart Mill commented on the relationship between equality and liberty in general terms, and he also discussed the relationships between equality and four more concrete social goals: equality vs. diversity and individual spontaneity, equality vs. freedom of trade and entrepreneurial activity, equality vs. economic incentives for workpeople, and equality vs. welfare. In his more general statements he wrote off potential conflicts between equality and liberty, claiming that only those liberties that can be enjoyed by all are real (...) liberties—or at least they are the only ones worth defending. However, in several of his more concrete discussions he gave higher priority to various liberty-related goals than to equality. This seeming contradiction can be resolved if we assume that he distinguished between valuing a liberty per se and valuing it as a means to achieve something else. (shrink)