This article focuses on the so-called “Area of Freedom, Security and Justice” (ASFJ), namely the policy field of the European Union (EU) that covers judicial and police cooperation, migration and asylum policies and the control of external borders. The article explores how the AFSJ has emerged and how, within it, the relationship between freedom and security has evolved over time and brought about a shift towards a “Security Union”.

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)

Grounded in a will to adapt to dangers, and espouse both responsibility and resilience, voluntary measures have largely replaced one of the oldest public health strategies, quarantine. The Covid-19 pandemic, however, elicited a broad sweep of tactics from the archive of public health armoury. On a general level, this review essay addresses the common measures rolled out by various authorities against the pandemic - the lock-downs, reopening process, financial support and vaccination. By relating these measures to 1) the “plague-stricken town”, (...) deployed during the seventeenth and eighteenth centuries in Europe by the Polizeistaat; 2) the “self-regulation strategy” that emerged with liberal ideas at the end of the eighteenth century; and 3) the “minimum security” programmed by neoliberal governmentality in the second half of the twentieth century, it is suggested that tensions between freedom and security during, and after, the pandemic can be better understood. To end, the essay noticed that the pandemic has enforced tensions in the administration and calibration of individual wishes and collective wellbeing, creating a fragile “freedom-security relationship” and new problem space for self-regulation. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and (...) its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and (...) its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and (...) its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 59 Heft: 1 Seiten: 228-244.

In the U.S.A., advocates of academic freedom—the ability to pursue research unencumbered by government controls—have long found sparring partners in government officials who regulate technology trade. From concern over classified research in the 1950s, to the expansion of export controls to cover trade in information in the 1970s, to current debates over emerging technologies and global innovation, the academic community and the government have each sought opportunities to demarcate the sphere of their respective authority and autonomy and assert themselves (...) in that sphere. In this paper, we explore these opportunities, showing how the Social Contract for Science set the terms for the debate, and how the controversy turned to the proper interpretation of this compact. In particular, we analyze how the 1985 presidential directive excluding fundamental research from export controls created a boundary object that successfully demarcated science and the state, but only for a Cold War world that would soon come to an end. Significant changes have occurred since then in the governance structures of science and in the technical and political environment within which both universities and the state sit. Even though there have been significant and persistent calls for reassessing the Cold War demarcation, a new institutionalization of how to balance the concerns of national security and academic freedom is still only in its nascent stages. We explore the value of moving from a boundary object to a boundary organization, as represented in a proposed new governance body, the Science and Security Commission. (shrink)

In this article, I offer an outline of the papers comprising the special issue. I also provide a brief overview of its topic, namely, the friction between cyber security measures and individual rights. I consider such a friction to be a new and exacerbated version of what Mill called ‘the struggle between liberties and authorities,’ and I claim that the struggle arises because of the involvement of public authorities in the management of the cyber sphere, for technological and state (...) power can put individual rights, such as privacy, anonymity and freedom of speech, under sharp devaluating pressure. Finally, I conclude by stressing the need to reach an ethical balance to fine-tune cyber security measures and individual rights. (shrink)

"As Eastern Europe struggles to emerge from its communist past, the public moral witness of its Orthodox Churches has assumed a special importance for those seeking a truly just world order. Yet few Americans know what these vast and ancient Christian bodies stand for, especially on crucial issues of freedom, human rights, and war and peace. In this compelling look at the Orthodox Churches in Russia, Ukraine, Romania, and the United States, Alexander F. C. Webster mines the primary sources (...) to reveal a story of both betrayal of the Church and fidelity to its moral tradition. He reflects on what is needed for these churches to become forceful and consistent voices of moral witness in society."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

This book analyses some of the key problems explored in Paul Virilio's theorising on war and security.Virilio is one of the most challenging and provocative critics of technology, war and globalisation. While many commentators focus on the new possibilities for mobility and communication in an interconnected world, Virilio is interested in the role that technology and security play in the shaping of our bodies and how we come to see the world -- what he terms the 'logistics of (...) perception'. Security, Technology and Global Politics explores Virilio's work in this area, with each chapter using examples from popular culture -- from video games and on-line graphic novels, to films from around the world - as a starting point from which the author goes on to develop a critical engagement with Virilio's work. One of the key themes that emerge from this analysis is the importance of the idea of 'disappearance' -- the aesthetics of disappearance or the politics of disappearance. The book argues that the politics of disappearance provides a disturbing and insightful introduction to the key questions posed by politics of security in the twenty-first century.This book will be of much interest to students of critical security studies, political theory, sociology, political geography, cultural studies and IR in general. (shrink)

This article defends the principle of giving a fresh start to individuals who come to consider that they have mismanaged their share of resources at an earlier stage of their life. The first part challenges the ethical intuition that it would be unfair to tax the steadfast frugal in order to help the regretful spendthrift and argues that the possibility of changing one’s mind is an important freedom. The second part examines the disincentives induced by fresh-start policies. It shows (...) that even when individuals can strategically misrepresent their preferences, there remains a significant difference between unforgiving and forgiving policies. It shows that the optimal policy does not only redistribute funds, but also puts protective constraints on early individual decisions (for example, compulsory saving through social security taxes). Key Words: fairness • freedom • fresh start • incentives • preference changes • regret. (shrink)

Security police, state security services, security measures, security politics…a dreadful semantic chain. Everything stubbornly conservative, repressive, antithetical to freedom is expressed in the concept of security. The meaning always implies security for an established order against whatever seems to threaten, disturb or endanger it from without or from within. One can secure, reassure, insure or protect Movements, associations and networks within which a part of the population unites spontaneously can be channeled, controlled or (...) combatted. Peace, order and security are implied. Negativity is to be negated in the name of the “actually existing.” The striving for security is in fact opposed to the striving of all living beings toward self development. (shrink)

The impact of large digital corporations on our freedom is often lamented but rarely investigated systematically. This paper aims to fill this desideratum by focusing on the power of social media corporations and the freedom of their users. In order to analyze this relationship, I distinguish two forms of freedom and two corresponding forms of power. Social media corporations extend their users’ freedom of choice by providing many new options. This provision, however, comes with the domination (...) by these corporations because it is based on their power of uncontrolled interference. Users could escape this domination through exit. One reason why they do not choose this option is that they would lose the benefits associated with the network effects provided by social media services. A second reason is that the power of social media corporations runs so deep that they are able to manipulate the autonomous decision-making processes of their users. Users are provided with many new avenues for authentic self-presentation on social media. By using them, however, users need to conform to a web interface that is designed by corporations to undermine self-control. Through these two mechanisms, corporations are able to promote an interest in users to present themselves on their platforms. Insofar as this works, they secure the users’ compliance to their domination through subjectivation. This double conjunction of choice and domination, on the one hand, and autonomy and subjectivation, on the other, makes the case that the very power of corporate social media stems from their intrinsic connection to genuine practices of freedom. (shrink)

Freedom of Religion, Institution of Conscientious Objection and Political Practice in Post-Communist Slovakia1 The example of Slovakia is used to show how one of the post-socialist countries failed in fulfilling the demanding task of securing freedom of religious belief (including the right to conscientious objection) and, at the same time, securing all other human rights. An analysis of the methods used for changing the policies of pluralism and neutrality of the state into a policy of discrimination (e.g. concerning (...) the registration duty for churches) was carried out, followed by an analysis of a mechanism used for guaranteeing freedom of conscience of the members of the Catholic Church (the so-called Vatican Treaty). The treaty violates the prohibition of discrimination against women, because it makes it more difficult for them to have access to some health care services. Our hypothesis states that the hurriedly introduced right to conscientious objection is misused in this context as a means of regulating the politics of reproduction. In general, the re-Catholisation of the Slovak Republic follows two aims—to help in the fight for votes in the elections (because 70 % of Slovaks declare their religion to be Catholic), and to improve demographic development in the Slovak Republic (declared to be catastrophic by the Catholic Church), through hindering free access to abortions. (shrink)

Many governmental policies are justified by the need to protect national security. But the concept of security is often underspecified in this context. If nothing else, security involves freedom from (significant) risks of harm. But should we expand our conception of security to include other elements? This paper argues that, in answering this question, we need to consider the role that security plays in politics. It defends a conception of security that locates its (...) value primarily in the protection of the autonomy of individuals. While this explains why various risks of harm should be viewed as set-backs to security, other sorts of threats will also be included. Finally, it considers the implications of this account for questions of security policy. It is claimed that international cooperation on security matters, far from the optional policies they are often viewed as, may in fact be necessary for states to be legitimate. (shrink)

Security can be defined as the process of support of a satisfactory control by the subject over harmful effects of the environment. In this aspect it is a political and social value of the same type as justice, democracy and freedom. Following the analysis of the existing conflicts in the world today, we conclude that the notion of security in its neoliberal interpretation has collapsed and it could be rejected and defended successfully only as a communitarian value.

Arbitrary state and corporate powers are helping to turn the Internet into a global surveillance dragnet. Responses to this novel form of power have been tepid and ineffective. Liberal critiques of surveillance are constrained by their focus on privacy, security and the underlying presupposition that freedom consists only of freedom from interference. By contrast, (post)Foucauldian critiques rejecting liberalism have been well rewarded analytically, but have proven incapable of addressing normative questions regarding the relationship between surveillance and (...) class='Hi'>freedom. Quite apart from these debates, neorepublicans have excavated a third concept of freedom, understood as non-domination. Could neorepublicanism overcome the limitations of liberal and (post)Foucauldian critiques of surveillance? We argue, positively, that neorepublicanism can accommodate much of the (post)Foucauldian analyses while also incorporating a normative critique of surveillance vis-à-vis freedom. We further argue, negatively, that surveillance power has outstripped the capacities of traditional republican institutional responses to domination. We conclude by considering ways in which neorepublicanism can be recalibrated to address the novelty of surveillance power while adhering to the ideal of non-domination. Two ways of addressing the problem are proposed: an offensive, dedicated surveillance antipower and a defensive republican amplification of privacy. (shrink)

According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the former (...) but a scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation. (shrink)

In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of (...) the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. —Stanley C. Brubaker, Colgate University. (shrink)

Freedom! Freedom! The word "rings" with meaning to each of us! Yet, what does it really mean? Only the tyrant, living in a secure environment and operating above the law, is theoretically free to do as he chooses. For the remainder of society freedom is an elusive condition, circumscribed by a wide spectrum of personal, social, economic, and governmental restraints. Freedom is bounded most fundamentally by the nature of man and the physical universe. Merely to remain (...) alive human beings must accept a myriad of restrictions on individual appetites, actions, and desires. Personal choices are limited by levels of intelligence and the capacity to think. Effective propaganda or advertising can affect the freedom of those unable to analyze or resist it. Poor health and poverty can set serious limits to choice. No less significant are the intellectual and moral limitations which society imposes on those whom it intends to respect and honor. Social customs and mores, and the restraints they impose, set limits of necessity and respectability and thus, for most, the limits of free choice. Freedom is boundless for none. Those are most free who accept personal and social restraints as the necessary price which they and society must pay for minimum of order, decorum, security, and satisfaction. Freedom with restraint for none creates chaos; freedom with restraint for some creates injustice. Thus restraints must be public no less than private, for freedom, in practice, must be limited by regard for the freedom and welfare of others. This book brings together fourteen outstanding and concerned scholars to acquaint readers with the history, nature, and significance of freedom in America since the Declaration of Independence. Its publication should cause the reader to reflect on the meaning of freedom for the future. Following a "stage-setting" introduction, the chapters are organized to cover four essential areas of concern: Foundations of Freedom, Freedom and Governmental Processes, Freedom and the Human Condition, and Freedom and the Physical Environment. As would be expected, various points of view are presented. However, the differences are not over the facts, but over their meanings and their significance for the future. Certainly this is one of the better efforts to capture the meaning of democratic thought in American history. (shrink)

Universities can and have existed without academic freedom and academic tenure. But academic freedom is necessary for a university dedicated to the pursuit of knowledge in a democratic society. Both academic freedom and academic tenure are not only rights but also carry with them moral obligations. Furthermore academic tenure is the best defense of academic freedom that American universities have found. Academic tenure can be successfully defended from the many contemporary attacks to which it is being (...) subjected only insofar as it is necessary to defend academic freedom, and only if all involved in the system of tenure observe the ethical requirements that the system demands. (shrink)

While freedom of movement has been one of the most highly respected human right across the EU, there are various aspects which come into play which still need to be resolved for this to be achieved in practice. One of these key issues is cross border health care. Indeed, there is an increasing awareness of standardisation of health service provision and cross border collaboration in the EU. However, certain groups particularly children may be at risk of suboptimal treatment as (...) a result. We present the case of a child patient which highlights the complexity of this matter spanning family law, health law, social security law as well as ethical issues. EU legislation needs to ensure that children patients have access to high quality care across the EU borders. (shrink)

On American Freedom critiques the value of freedom as it is now manifest in America's political, economic, and cultural life in light of a more robust value of freedom coordinated around human dignity and civic participation. Drawing from historic sources as diverse as James Madison, Adam Smith, and Catherine Beecher - as well as from contemporary sources like George W. Bush and Bob Dylan - the book paints a bleak picture of this most cherished American value. At (...) the same time, On American Freedom outlines a reform initiative that will secure a more preferred value of freedom by simply by reconfiguring the federal system to include reorganized and empowered city-states capable of serving as sites for a fuller form of freedom than Americans now enjoy. (shrink)

Is there a moral right to freedom of conscience? Should a legal right to freedom of conscience be established in each country on Earth? This essay argues for negative answers to both questions. The term freedom of conscience might refer to freedom of thought and the freedom of expression that sustains freedom of thought. In this sense we might affirm the right of each person to form individual opinions about the right and the good, (...) about what we owe one another by way of due consideration of others, and about what is worthy of pursuit in life, on the basis of free discussion of these matters. In the present discussion, these freedoms, important as they might be, are not under consideration. Let us assume freedom of thought and expression are secured. The status of freedom of conscience in the sense that is our concern in this discussion is still wide open. (shrink)

The article is updated by several circumstances, which the authors reflect on. In their opinion, there are 1) obvious and external threats — violations of freedom of conscience in the temporarily occupied Ukrainian territories, including Crimea, which arose as a result of the Russian-Ukrainian war, and 2) internally hidden and potential dangers for freedom of religions of Ukrainian citizens. The well-known examples of discrimination of believers of certain faiths in the so-called DPR-LPR and Crimea given by the authors (...) are constantly updated. Relevant monitoring and analytical reports are prepared by both Ukrainian and international experts. They submitted these reports to international human rights organizations, including the rights for Freedom of Religion and Belief. Despite such convincing documented materials, separate accusations have recently appeared against Ukraine, which allegedly violates freedom of religion in the territory under its control. Some are trying to prove that Ukraine, taking advantage of the war situation and referring to the spiritual dangers for Ukraine from those religious organizations whose centers are in the aggressor country, threatens some churches, thereby violating the Constitution and the Law on Freedom of Conscience, which guarantee for all citizens, regardless of from their religious affiliation, freedom of religion. The authors refute these narratives lashed out by Russia and the Russian Orthodox Church. Such negative conclusions, which express concern about the situation in Ukraine regarding freedom of conscience and religion, influence on the world public, experts on issues of freedom of conscience, religious organizations, spoil the image of Ukraine as a country with high level of freedom of conscience even among European countries. Religious freedom, as the authors conclude, needs protection today, but they call for separating real threats from imaginary ones and clearly defining who persecutes, whom he/she persecutes and where persecutes. Ukraine is consistent in its intentions to protect the rights of people and communities, to protect the freedoms of believers and their organizations. (shrink)

In this article, Timothy Snyder recounts his meeting with President Zelensky shortly after Russia launched its full-scale invasion of Ukraine, and Snyder explores the philosophical implications of Zelensky’s decision to stay in Kyiv as Russian troops marched on the Ukrainian capital. Specifically, Snyder explains what Zelensky’s bravery during the first few days of the full-scale invasion shows us about the relations between freedom and speech, freedom and risk, freedom and obligation, and freedom and security.

Tagore and Gandhi shared a relationship across 26 years. They argued about many things including the means for the attainment of swaraj/freedom. In terms of this central concern with the nature of freedom they came fairly close to an issue that has perhaps dominated the (European) Enlightenment. For the Enlightenment has sought to clarify what is meant by individual freedom and attempted to secure such freedom to the individual. This article argues that the Tagore-Gandhi debate can (...) perhaps be reconstructed around the issue of freedom and the collective. Gandhi was able to employ the idea of collective action with conceptual and practical ease. He seemed to have felt no tension between individual freedom and the notion of the collective of which an individual becomes a part in his/her attempt to deal with the contending ‘other’ and secure his /her freedom/swaraj. To understand Tagore’s opposition to the Gandhian idea of swaraj this article draws a philosophical parallel between Tagore and Kant on individual freedom as primarily the freedom to reason. Tagore’s argument seemed to have centered on the insight that the location of the individual in a collective hypostatized self in order to protect his or her freedom from ‘others’ reaffirms the self other divide. The insider-outsider exclusionary dynamics that are generated not only consolidate such distinctions as external to (and outside of) the collective self, but they also initiate internal dynamics that create the ‘silenced insider.’. (shrink)

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in a (...) democratic state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

This paper investigates whether being “physically insecure” (being at risk of not continuing to meet one's physical needs in the future) should be thought of as a constituent of current wellbeing. In §1, it is argued that we cannot understand the value of security in terms of “freedom from fear”. In §2, it is argued that the reliablist approach to epistemology can help us to construct an account of why physical security is valuable, by relating security (...) to the conditions of agency for practically and epistemically limited animals. In §3, this argument is compared with other attempts to understand the value of physical security. In §4, the relationship between security and threats of rights violation is clarified. In §5, the epistemic analogy of §2 is used to suggest a difference between the concepts of “security” and “capability”. (shrink)

The articles comprising this thematic symposium suggest options for exploring the nexus between freedom and unfreedom, as exemplified by the British abolitionists’ anti-slavery campaign and the paradox of freedom. Each article has implications for how these abolitionists achieved their goals, social activists’ efforts to secure reparations for slave ancestors, and modern slavery. We present the abolitionists’ undertaking as a marketing campaign, highlighting the role of instilling moral agency and indignation through re-humanizing the dehumanized. Despite this campaign’s eventual success, (...) its post-emancipation phase illustrates a paradox of freedom. After introducing mystification as an explanation for the obscuring rhetoric used to conceal post-emancipation violations of freedom during the West’s colonial phase, we briefly discuss the appropriateness of reparations. Finally, we discuss the contributions made by the articles in this thematic symposium. (shrink)

Recently academic freedom and academic tenure have been in the media spotlight because of concerns that academic freedom is being misused and that academic tenure provides job security to a select few. First, this paper provides a brief history of these two institutions and follow with an analysis using Stone’s (2002) policy analysis format. Second, this paper examines the university through two lenses: (a) an economic market lens; and (b) a community lens. These two lenses offer contrasting (...) views of the university and help explain the different views of academic freedom and tenure. The authors suggest that faculty make use of the economic model to increase their chances of maintaining tenure in a university atmosphere frequently characterized by a business approach rather than a collegial one. Recommendations for future research are also provided. (shrink)

Belgium's policy of not permitting Catholic hospitals to refuse euthanasia services rests on ethical presuppositions concerning the secular justification of political power which reveal the paradoxical character of European liberalism: In endorsing freedom as a value (rather than as a side constraint), liberalism prioritizes first-order intentions, thus discouraging lasting moral commitments and the authority of moral communities in supporting such commitments. The state itself is thus transformed into a moral community of its own. Alternative policies (such as an explicit (...) moral diversification of public healthcare or the greater tolerance for Christian institutions in the Netherlands) are shown to be incompatible with Europe's liberal concern with securing social and material freedom resources, as well as the concern with equality of opportunity, as embodied in the European Union's anti-discrimination labor law. The essay's argument for the preferability of a libertarian solution closes with the challenge that only if the provision of public healthcare can be shown to be rationally indispensable for a morally justified polity, could the exposed incoherence of modern European liberalism be generously discounted. (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)

In this paper I will examine one way of developing Kant's suggestion that one is free just insofar as he acts according to the dictates of norms or principles. and of his distinction between the Realm of Nature, governed by causes, and the Realm of Freedom, governed by norms and principles. Kant's transcendental machinery—the distinction between Understanding and Reason, the free noumenal self expressed somehow as a causally constrained phenomenal self, and so on—can no longer secure this distinction for (...) us. It is just too mysterious to serve as an explanation of freedom. Yet some distinction between the realm of facts and the realm of norms must be established if the notion of freedom as normative rather than causal constraint is to be redeemed. In this paper I will present a version of this distinction which was not envisioned by Kant, and show how a novel response to the dispute between naturalists and non-naturalists concerning the relation of fact to norm can be developed out of that rendering. I will then argue that the account of human freedom which results from this story needs to be supplemented in just the ways which Hegel claimed Kant's account needed to be supplemented, and will recommend an Hegelian self-expressive successor. (shrink)

The aim of this article is to discuss how Spinoza’s Theological- Political Treatise and Political Treatise deal with the development of a free and pacific commonwealth, taking into account both a comparison with the irenic tradition of Erasmus and the original position of Spinoza’s republicanism within the Dutch context of that period. To approach this issue, comparing Spinoza’s idea of security with the Hobbesian one can also be useful in order to demonstrate that security and freedom are (...) not antithetical in Spinoza but rather support each other. Consequently, the role of peace and concord within the Political Treatise shall be considered the result of a collective self-emendation process of social interactions and political institutions. In this perspective, Spinoza’s concept of peace seems a very original attempt to build a free political community, where democratic institutions are both the cause and effect of pacific relationships among citizens. (shrink)

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when (...) limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

John McDowell and Christine Korsgaard have defended the claim that when human beings judge or believe that p, they are exercising a fundamental kind of freedom, the “freedom of judging.” David Owens has challenged the view: he argues that they offer us at best no more than a modest notion of freedom, which does not vindicate the claim that we are free in many relevant instances of judgment, in particular in perceptual judgment. I argue that Owens is (...) right if we view the freedom of judgment along the lines of McDowell’s and Korsgaard’s proposals – as being a form of freedom which is describable as “freedom of choosing between alternatives,” but that that is not the only option available. In order to secure the nexus between reason and freedom, we can exploit a quite distinct model of freedom, which is the “freedom of autonomy.”. (shrink)

The globalization of securities markets has resulted in a rapid increase in securities transactions that cut across the national borders of more than one country. Individual country regulators cannot avoid the question of how regulatory authority should be allocated for such transactions. Rather, they continue with the present territorial regime, which allocates regulatory authority based on the location of a particular transaction and the effects associated with the transaction. This article assesses a range of alternate responses to globalization. Some have (...) argued that a company’s home country should regulate all transactions in the company’s securities regardless of location. Others have argued for increased harmonization across different country securities regulatory regimes. The article instead contends that giving issuers a greater degree of freedom to select among the securities regulatory regimes of different countries will result in both more desirable levels of investor protections as well as increased social welfare. Arguments have been raised against a move toward greater issuer choice in securities regulation. The article responds to such criticism, pointing out that the present territorial regime suffers from even greater flaws. (shrink)

According to Libertarians, the freedom of individuals to make crucial lifeshaping choices is effectively and adequately protected if other individuals and agenciesrefrain from interfering with their freedom and if the state takes steps to ensure that such interference is either prevented or punished. This paper presents a “Liberal” critique of this position, in three stages. First, prevention of interference is only one of several conditions that must be fulfilled if an individual’s lot in life is to be legitimately (...) traceable to his or her choices. Second, the additional conditions resemble prevention of interference in that their fulfillment cannot be secured by the unaided efforts of individuals. Third, these further conditions resemble prevention of interference in that their fulfillment cannot be secured on an equitable basis for all if the state does not assume responsibility for trying to ensure their fulfillment. The argument that the state has a role to play in securing the fulfillment of the non-interference condition ought consequently to be extended to support the view that securing the fulfillment of the otherconditions of freedom of choice is also a legitimate function of the state. (shrink)

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ (...) ‘moral powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

In this paper, I employ the pioneering works of Nussbaum, Sen, Saito, and Walker, in conjunction with the U.S. tradition of academic freedom, to outline a capability-centered vision of undergraduate education. Pace Nussbaum and Walker, I propose a short list of learning capabilities to which every undergraduate student should be entitled. This working definition of undergraduate education offers a starting point for discussion and experimentation. I employ it here to engage the current controversy in U.S. colleges and universities over (...) the nature, value, and legitimacy of undergraduate students’ academic freedoms. In contrast to the anti-indoctrination emphasis of David Horowitz’s Academic Bill of Rights, I argue that students’ academic freedoms can be more effectively secured through the articulation of “essential freedoms for liberal learning” whose principal focus is not the behavior or political affiliations of teachers but the intellectual needs and circumstances of students. (shrink)