In lieu of an abstract, here is a brief excerpt of the content:594 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Liberty Walther Barnes and Christin L. Munsch The Paradoxical Privilege of Men and Masculinity in Institutional Review Boards In the 1939 Hollywood classic The Wizard of Oz, the great wizard admonishes Dorothy and her friends to “pay no attention to that man behind the curtain.” Dorothy and company turn to see a man standing before a (...) large control panel operating the smoke, holographic image, and voice of the great wizard. Realizing he has been discovered, the man gives up manipulating the switches and the nebulous wizard vanishes.1 Hegemonic masculinity is analogous to the “all-powerful” wizard.2 In order to maintain its grandeur, power, and mystique, the mechanics of masculine ideology—as well as the social actors who participate in its reproduction —must be kept hidden.3 A crucial aim of feminist research is to 1. The Wizard of Oz, directed by Victor Fleming (Culver City, CA: Metro-Goldwyn -Mayer, 1939). 2. See R. W. Connell, Masculinities: Knowledge, Power and Social Change (Berkeley : University of California Press, 1995); R. W. Connell and James W. Messerschmidt, “Hegemonic Masculinity: Rethinking the Concept,” Gender & Society 19 (2005): 829–61; Michael Kaufman, “Me, Feminism, and Men’s Contradictory Experiences of Power,” in Theorizing Masculinities, ed. Harry Brod and Michael Kaufman (Thousand Oaks, CA: Sage Publications, 1994), 142– 63; and Michael S. Kimmel, “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity” in Brod and Kaufman, Theorizing Masculinities, 119–42. 3. Michael Flood and Bob Pease, “Undoing Men’s Privilege and Advancing Gender Equality in Public Sector Institutions,” Policy and Society 24, no. 4 (2005): 119–38; Allan G. Johnson, The Gender Knot: Unraveling Liberty Walther Barnes and Christin L. Munsch 595 pull back the curtain on men’s lives and masculine institutions in order to demystify socially constructed masculinities, particularly in their most powerful forms. As early feminist scholars note, male privilege renders women’s lives invisible.4 But male privilege renders aspects of men’s lives invisible, too. In this article we highlight how institutional review boards (IRBs) in universities and hospitals erect barriers to research that render particular aspects of men’s lives invisible. We draw on our experiences of submitting ten applications for a series of methodologically diverse studies of masculinity to eight IRBs. First, we argue that, despite their original function of protecting subordinated groups, IRBs are gendered institutions in which members base their decisions on culturally dominant, normative images of women and men. We show how this results in the stringent protection of male research participants, the safeguarding of participants’ personal masculinity, and the shielding of men’s lives from social inquiry. Second, we argue that IRBs are gendering institutions. Our experiences reveal how the privileging and protection of masculinity results in mandatory protocol modifications that idealize hegemonic masculinity. These modifications require researcher-participant interactions that socialize men to engage in gender “appropriate” behavior and reify gendered expectations. Third, our experiences reveal the ways in which IRBs protect the institution itself and privilege the universities, hospitals, and (predominantly male) medical doctors they represent. Consequently, the ways they reproduce social inequality remain impervious to academic inquiry. IRBS AS GENDERED AND GENDERING INSTITUTIONS Every university and hospital in the United States where human research is conducted houses a human research protections program, or IRB, to oversee academic research. Universities with hospitals typically our Patriarchal Legacy (Philadelphia, PA: Temple University Press, 1997); Michael Kimmel, Guyland: The Perilous World Where Boys Become Men (New York: Harper Collins, 2008). 4. Simone de Beauvoir, The Second Sex, trans. Howard M. Parshley (New York: Knopf, 1951); Sandra Harding, The Science Question in Feminism (Ithaca, NY: Cornell University Press, 1986); Dorothy E. Smith, “Women’s Perspective as a Radical Critique of Sociology,” in Feminist Perspectives on Social Research, ed. Sharlene N. Hesse-Biber and Michelle L. Yaiser (New York: Oxford University Press, 2004), 84–96. 596 Liberty Walther Barnes and Christin L. Munsch maintain two types of IRB committees: a social-behavioral committee that oversees studies in the social sciences, and a biomedical committee to supervise clinical drug trials, experimental medical treatments, and tissue and blood research. The duty of the... (shrink)

While both men and women work out in contemporary gyms, popular conceptions of the gym as a masculine institution continue. The authors examine organizational processes within a chain of women-only gyms to explore whether and how these processes have feminized the historically masculine gym. They examine the physical setting and equipment, the established procedures for customers' use of machines, and the interactional styles of employees as components of the organization's structure. They argue that the organization's use of technology and labor (...) mobilizes customers' participation in a feminized organizational culture of nonjudgmental and noncompetitive sociability. Organizational processes create a context that fosters gendered interactions and identities among customers. The organizational context calls gendered behavior into play such that the performance is naturalized. The processes outlined may occur in other cases of organizational recoding and suggest ways that transposable gender practices may change the gender coding of an institution yet leave gender hierarchies intact. (shrink)

In their normative role in shaping the basic structure of a health care system, liberty and equality are often thought to conflict so sharply that health policy is condemned to remain an ideological battleground. In this paper, I will articulate my own view of why much of the apparently fundamental conflict between individual liberty and responsibility, on the one hand, and equality and equality's related concern for cost-efficiency, on the other hand, is less intractable than it is usually (...) assumed to be. The result will be to break the rigid and stereotypical association of liberty-emphasizing social philosophies with the pluralistic market paradigm for a health care system and egalitarian, equity-emphasizing social philosophies with the unitary public system paradigm. Understanding better the moral ingredients of liberty and equitable distribution as well as the complexity of how liberty and equality actually intersect in a health care system opens the door to seeing the possibility of significant reconciliation. I will conclude, among other things, that even semi-libertarian views of distributive justice should strongly embrace compulsory, universal coverage of health care for some significant level of care, and that egalitarian views ought not to regard different levels of coverage for people of different income levels as necessarily unjust. (shrink)

Many liberal philosophers claim that people are free to do as they will by default; any interference must be justified. This supposed presumption of liberty does a significant amount of theoretical work for public reason liberals such as Gerald Gaus and John Rawls. This paper shows that Gaus’s explicit defense of a presumption of liberty fails. Gausa and his many followers repeatedly appeal to a particular thought experiment from Stanley Benn. We argue that this thought experiment fails to (...) show that there is a presumption of liberty, but instead shows, at best, the trivial point that when any particular moral concern is specified to be the only relevant concern, then there is a presumption in favor of that concern. Further, Gaus, along with Shaun Nichols, has tried to demonstrate empirically that the intuitions and conclusions he draws from this example are fairly uniform and universal among other moral agents, but we explain why their experimental results do not vindicate any such conclusion. We conclude that undermining the alleged presumption of liberty places public reason liberalism in serious jeopardy. (shrink)

It is my intention in this paper to highlight the dangers which arise when people appeal to moral intuitions to settle questions in political, and in general in applied, philosophy. But first I want to ask why all or nearly all of us are in favour both of liberty and of equality – why all our intuitions are on their side. In the case of liberty it is easy to understand why. Although philosophers have held diverse theories about (...) the concept of liberty – theories which have been drawn together into two main groups in a famous lecture by Sir Isaiah Berlin – there cannot be much doubt that in the mind of the ordinary man to have liberty is to be under no constraint in doing what one wants to do. This, at any rate, is a main constituent of the concept of liberty as all of us understand it. Since, therefore, it seems self-evidently true that we want to be able to do what we want, we are bound to want liberty and, in general, to be in favour of it. We want it for ourselves; if we universalize our prescriptions, this constrains us to be in favour of it for others as well. That explains why, if any politician can claim that he is fighting for liberty, he is likely to win a large following. In the case of equality the matter is not so clear cut. (shrink)

Libertarianism—and classical liberalism generally—entails (or presupposes) a specific, but implicit, conception of liberty. Imagine two lists of property-rights: one list is all those that currently appear to be libertarian (self-ownership, property acquired by use of natural resources, property acquired by consensual exchange, etc.); the other list is all those that currently appear not to be libertarian (aggressively imposed slavery, property acquired by theft or fraud, property acquired by coerced transfers due to welfare claims, etc.). What determines into which list (...) a property-right is to be assigned? If libertarianism is really about liberty, then the determining factor must be whether the property-right somehow fits what liberty is in a more abstract sense than property. It greatly clarifies matters to have an explicit theory of this entailed conception of abstract liberty and how it relates to its practical application and to morality. (shrink)

From widespread unemployment and mounting international hostilities, every day we are swept into more political chaos--so one brave man looks to the Star Wars universe for answers to our most urgent problems. "You can't stop the change -- anymore than you can stop the sun from setting." Anakin Skywalker was never able to live with this wisdom shared by his mother on the day he left home to train as a Jedi Knight. That failure led him to becoming the fearsome (...) villain we all know as Darth Vader. We're living in a time of unprecedented and rapid change. An age of chaos. Democracies are in decline worldwide. Dictators are ascendant. Civic organizations are crumbling. People feel lonelier and more rudderless than in any other time in recent history. We've tried to slow down, and in some cases we, like Anakin, have tried stop the change, but failed at every turn. The fears that come with living in an age of disruption have produced public anger, and that anger has swelled movements of hate. Author Stephen Kent believes part of the solution is hiding in plain sight. A story that binds together multiple generations with a common language, a moral framework, and a sense of wonder. It's Star Wars. What if we looked to Star Wars for more than just entertainment? How the Force Can Fix the World takes this challenge on by analyzing the core principles of the Star Wars franchise: HOPE, CHOICE, HUMILITY, EMPATHY, REDEMPTION, BALANCE and rejecting FEAR. Together, these are the Star Wars roadmap for living better lives, and maybe even fostering a better politics. The path that we're on -- where fear leads to anger, and anger to hatred -- will only end in suffering. But Star Wars shows us the way back from the brink. Shared stories of virtue that are beloved across cultures and political divides are hard to come by, but Star Wars is one such story. Turn on the news; things are pretty broken right now -- but the Force can fix the world. (shrink)

With respect to the phenomenal distinction that is conventionally made between ‘personal’ and ‘economic’ liberty, I do accept that “there is no logical incoherence in claiming that constraint of one can lead to an increase in the other.” Though, as Cole understands, I doubt the conceptual coherence of the distinction (let us call this view the ‘identity thesis’). So I assert that though the personal/economic distinction is conceptually dubious, it can stand unproblematically as illustrating the phenomenal distinctions that people (...) do make. I cannot see how “this inherent conceptual tension at two points of the compass does threaten it with collapse” as a phenomenal illustration as well, if that is what Cole means (as his “despite Lester’s protests” indicates). (shrink)

The Mental Health Act 2007 introduced Deprivation of Liberty safeguards into the Mental Capacity Act 2005 with potentially far reaching resource implications. There appears to be no scientific data regarding the prevalence of deprivation of liberty in clinical settings such as hospitals and nursing homes. We examined how many patients across a whole Trust area in Wales were subject to some lack of capacity, how well documented this was and how many were potentially deprived of their liberty. (...) We found that no patient was deprived of their liberty, but 8% lacked capacity to make either basic or complex decisions; another 5% lacked capacity to make complex decisions. Documentation was good in mental health and community directorates, but there were gaps in documentation (not practice) in the medical and surgical directorates. Routine collection of data improved documentation regarding deprivation of liberty criteria. There is a high likelihood that senior nursing staff underestimate the number of patients who lack capacity. (shrink)

Industry-funded religious liberty legal groups have sought to undermine healthcare policy and law while simultaneously attacking the rights of sexual and gender minorities. Whereas past scholarship has tracked religiously-affiliated healthcare providers’ growing political power and attendant transformations to legal doctrine, our account emphasizes the political donors and visionaries who have leveraged religious providers and the U.S. healthcare system’s delegated structure to transform social policy and bureaucratic agencies more generally.

This study of the political philosophy of William Ernest Hocking be gan as a doctoral dissertation at Tulane University. Hocking (1873- 1966) was for many years Alford Professor of Natural Religion, Moral Philosophy, and Civil Polity at Harvard University. Although he is relatively well-known among American philosophers, particularly by students of metaphysics and the philosophy of religion, very little atten tion has been given to his political philosophy. Some general studies of his thought summarize his political writings in a very (...) cursory fashion, but they do not discuss his contributions in detail or relate them to significant issues in political philosophy. Most important general works on modern political philosophy or American political thought do not even mention Hocking; a few note his name in passing. Because he is almost completely unknown in the social sciences, the original purpose of this study was to explore, systematize, and present his extensive writings in political philosophy. It then became apparent that his entire political philosophy is oriented around the concepts of liberty and community. When his thought is analyzed in terms of these themes, its unity and coherence are more obvious. Moreover, his writings become more significant when they are related to liberty and community, for these are focal concepts for important problems in modern political philosophy. This study of Hocking's political philosophy will, it is hoped, help us to see how liberty and community can be more understandable, attainable, and compatible with one another. (shrink)

This book takes the thinking of Quentin Skinner, Philip Pettit and J. G. A. Pocock on republican liberty and explores the way in which this idea of liberty can be used to illuminate educational practice. It argues that republican liberty is distinct from both positive and negative liberty, and its emphasis on liberty as non-dependency gives the concept of liberty a particularly critical role in contemporary society. Each chapter formulates and expounds the idea that (...) an empire of liberty requires the existence of what are termed 'liberty-bearing agents', and shows how education - with a particular emphasis on knowledge - is needed to foster the human powers which allow people to become liberty-bearing. It is also emphasised, however, that republican liberty is non-perfectionist and non-eudaimonic: the core values enshrined in an empire of liberty centre on non-dependency rather than the promulgation of a certain way of life. Drawing on prominent seventeenth century contract theorists, the link between liberty and authority is explained, suggesting that appropriate authoritative structures need to underpin the provision of education, and especially schooling, if educational practice devoted to the pursuit of liberty is to flourish. Liberty and Education will be of value to both educational theorists unfamiliar with republican theory, as well as republican theorists interested in how their theory might play out in education. It will also be of interest to researchers and students from the fields of politics and the philosophy of education. (shrink)

How to read Plato's Dialogues? -- Freedom-general and universal -- Dialectic of library -- Participation and appropriation -- Onto-politics and political ontology -- Equality and difference -- The good-rationality, totality, dialectic -- Justice, politics and philosophy -- Foundations of responsibility -- The politics of virtue -- Dialectic of liberty revisited-democracy and Politeia -- Liberty in the Polis.

In this paper, I provide an extensive examination of the political theory of Thomas Hobbes in order to discuss its relevance to an understanding of contemporary issues and challenges faced by criminal law and criminal justice theory. I start by proposing that a critical analysis of Hobbes’s account of punishment reveals a paradox that not only is fundamental to understanding his model of political society, but also can offer important insights into the preventive turn experienced by advanced liberal legal systems. (...) I then suggest that the main importance of an analysis of Hobbes’s theoretical framework lies in how it reveals an inextricable and problematic link between individual autonomy and political authority in the normative conception of the modern liberal state, grounded on the notion of insecurity. By exploring how legal scholars have recently engaged with aspects of this problematic in criminal law and punishment posed by Hobbes’s work, I argue that the paradox found in punishment is such that it both legitimates the criminal law and undermines its normative aspirations, particularly the possibility of securing individual liberty against the power of the liberal state. (shrink)

This chapter demonstrates how early modern male and female thinkers alike were concerned not only with ethical, religious, and political liberty, but also with the liberty to philosophize, or libertas philosophandi. It is argued that while men’s interests in this latter kind of liberty tended to lie with the liberty to philosophize differently from their predecessors, women were more concerned with the liberty to philosophize at all. For them, the idea that women should be free (...) to think was foundational. This chapter shows how some women thinkers of the period, such as Damaris Cudworth Masham (1658–1708) and Mary Astell (1666–1731), followed through on the general trend of thinking about liberty in terms of freedom of the mind, to thinking about liberty for women in wider ethical and political terms. To support this point, the chapter explores their views on education, female rationality, and moral philosophy. (shrink)

Europe's long sixteenth century—a period spanning the years roughly from the voyages of Columbus in the 1490s to the English Civil War in the 1640s—was an era of power struggles between avaricious and unscrupulous princes, inquisitions and torture chambers, and religious differences of ever more violent fervor. Ideas of Liberty in Early Modern Europe argues that this turbulent age also laid the conceptual foundations of our modern ideas about liberty, justice, and democracy. Hilary Gatti shows how these ideas (...) emerged in response to the often-violent entrenchment of monarchical power and the fragmentation of religious authority, against the backdrop of the westward advance of Islam and the discovery of the New World. She looks at Machiavelli's defense of republican political liberty, and traces how liberty became intertwined with free will and religious pluralism in the writings of Luther, Erasmus, Jean Bodin, and Giordano Bruno. She examines how the St. Bartholomew's Day Massacre and the clash of science and religion gave rise to concepts of liberty as freedom of thought and expression. Returning to Machiavelli and moving on to Jacques Auguste de Thou, Paolo Sarpi, and Milton, Gatti delves into debates about the roles of parliamentary government and a free press in guaranteeing liberties. Drawing on a breadth of canonical and lesser-known writings, Ideas of Liberty in Early Modern Europe reveals how an era stricken by war and injustice gave birth to a more enlightened world. (shrink)

Introduction: the age of Paine -- Portrait of a failure -- The great American cause -- The peculiar honor of France -- The Age of Reason -- An honest and useful life.

'it is only the cultivation of individuality which produces, or can produce, well developed human beings'Mill's four essays, 'On Liberty, 'Utilitarianism', 'Considerations on Representative Government', and 'The Subjection of Women' examine the most central issues that face liberal democratic regimes - whether in the nineteenth century or the twenty-first. They have formed the basis for many of the political institutions of the West since the late nineteenth century, tackling as they do the appropriate grounds for protecting individual liberty, (...) the basic principles of ethics, the benefits and the costs of representative institutions, and the central importance of gender equality in society.These essays are central to the liberal tradition, but their interpretation and how we should understand their connection with each other are both contentious. In their introduction Mark Philp and Frederick Rosen set the essays in the context of Mill's other works, and argue that his conviction in the importance of the development of human character in its full diversity provides the core to his liberalism and to any defensible account of the value of liberalism to the modern world. (shrink)

For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public sector (...) from concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies. (shrink)

The “struggle between liberties and authorities”, as described by Mill, refers to the tension between individual rights and the rules restricting them that are imposed by public authorities exerting their power over civil society. In this paper I argue that contemporary information societies are experiencing a new form of such a struggle, which now involves liberties and authorities in the cyber-sphere and, more specifically, refers to the tension between cyber-security measures and individual liberties. Ethicists, political philosophers and political scientists have (...) long debated how to strike an ethically sound balance between security measures and individual rights. I argue that such a balance can only be reached once individual rights are clearly defined, and that such a definition cannot prescind from an analysis of individual well-being in the information age. Hence, I propose an analysis of individual well-being which rests on the capability approach, and I then identify a set of rights that individuals should claim for themselves. Finally, I consider a criterion for balancing the proposed set of individual rights with cyber-security measures in the information age. (shrink)

This paper presents, defends and applies a conception of public health ethics as focused on liberty-limiting public health action. This approach has been persistently criticised, but the criticism is ambiguous between two challenges: that the focus on liberty makes an objectionable presumption in favour of liberal values and that the focus on liberty fails to address institutionalised social injustice. Part One of the paper addresses both challenges to show they can be met by a nuanced account of (...) a liberty-oriented public health ethics. Part Two establishes that debates about policy responses to the current Covid-19 pandemic illustrate and vindicate this conception of public health ethics as focused on liberty-limiting public health action. The discussion then turns to the methodological question as to how public health policies are to be evaluated, focusing particular on the role of normative theory in such evaluations. The methodology of ‘wide reflective equilibrium’ is described and endorsed; the paper ends with a case study to illustrate this evaluative methodology, focused on the ethics of COVID-19 immunity passports. (shrink)

John Stuart Mill, whose relevance for Nietzsche’s late work has been documented by recent research, is not directly mentioned in On the Genealogy or Morality (1887). This article argues that Mill’s On Liberty (1859) nevertheless played a crucial role in the development of the Genealogy. Following a source-based methodology, three major references demonstrate how Nietzsche used On Liberty as a resource as he initiated and developed his own exploration into the origin of morality. After tracing Nietzsche’s reading of (...) Mill through pencil marks in his copy of On Liberty, I discuss the reappearance of Mill’s motives and terminology as well as the explanatory power of Mill as a source for the respective sections in the Genealogy. It becomes clear to what extent Nietzsche adapts Mill and how he turns Mill’s own weapons against him through skillful transformations. The article concludes that instead of delivering the “better” Mill, Nietzsche builds up a fruitful tension between a then-common take on morality and its transgression. (shrink)

Hobbes claims that the sovereign's absolute authority is consistent with the subjects' retaining liberties to resist certain commands. In this essay, I explore what it means for subject to authorize a sovereign with a right to command. I show how retained rights are compatible with sovereignty. Though any given subject does not authorize the sovereign to do anything, I argue that the sovereign power is absolute. The sovereign has the most power anyone could command.

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

What I propose to do in this paper is to demonstrate the versatility of the concept of rules—to show that it is versatile and at least in part just how. I shall first exhibit this versatility in the context of games proper; then—on the other side of the analogy of rules—in other social contexts, where social scientists may discern games by analogy. Finally, I shall sketch the attractions that the liberties which may be taken with it impart to the concept (...) of. rules. My argument, even if it does all these things, will fall short of proving that social scientists take all the available liberties; but it will, I think, indicate that it is worth investigating which liberties they do take, and when. I myself would postpone until such investigations have been made the question how much the analogy of rules contributes to the progress of the social sciences. (shrink)

In this essay I will try to demonstrate that the principle of self-determination is based on a formal and individualistic view of liberty rights. I also propose a different perspective that takes into account the relationships rather than the individual. I will show how this result can only be achieved through a different ascription of rights to individuals: in particular, I will try to demonstrate 1) that any social practices express specific values, 2) that these values are the result (...) of historical and cultural circumstances, 3) that they are subject to an ongoing public debate, and finally 4) that only if the individual praxis is consistent with these values can it lead to recognition of rights. (shrink)

This article is concerned with the deprivation of patients’ liberty while undergoing psychiatric treatment, with special reference to the situation in Finland. It is based on a review of Finnish law, health care statistics, and empirical and theoretical studies. Relevant research findings from other countries are also discussed. In Finland, it is required that patients are cared for by mutual understanding with themselves; coercive measures may be applied only if they are necessary for the treatment of the illness, or (...) for safeguarding patients’ safety or the safety of others. Involuntary psychiatric hospitalization is closely regulated by the Mental Health Act. However, the rules concerning the deprivation of liberty during inpatient treatment (by seclusion, restraint and restricted leave) are formulated in very general terms. Therefore, Finnish psychiatric hospitals have their own policies concerning when and how seclusion may be used. The practice of seclusion and the use of restraint therefore vary among the psychiatric hospitals in Finland. (shrink)

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a (...) presumption in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

Among the numerous moral commodities that political orders can produceand protect, classical liberalism assigns primacy to liberty, understoodas noninterference. As the nineteenth century advanced into its secondhalf, this primacy was increasingly seen as myopic. A more defensibleliberalism will devote itself to a wider range of basic human interests:this critique gained virtually unanimous acceptance within the newliberalism. Yet, surprisingly, during the past two decades classicalliberalism seems to have enjoyed a resurrection. This essay arguesthat it is well merited, that the superficial (...) plausibility of the newliberal critique shielded a confusion between the questions of whichgoods matter and how they are properly to be afforded politicalrecognition. (shrink)

In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions attempts to limit freedom of conscience and religion, freedom to pursue one’s own interests, and freedom to unite, and he defends a liberal political and social order in which there is considerable room for personal (...) development and freedom of association. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed markedly from our own, while also drawing attention to the reasons why the work remains relevant and essential reading in the present day. Appendices include antecedents to Mill’s work, critical discussions by his contemporaries, and related writings by Mill. Please note: Broadview offers two separate editions of _On Liberty_. The Kahn edition is particularly relevant to readers who are interested in how the work is situated in the history of political philosophy, whereas the Alexander edition is recommended to those most interested in the work’s Victorian literary and social contexts. (shrink)

1. Introduction . In the chapter which he devotes to the applications of his principle of individual liberty, Mill considers the question ‘how far liberty may legitimately be invaded for the prevention of crime, or of accident’. On the latter topic, he writes:—‘… it is a proper office of public authority to guard against accidents. If either a public officer or anyone else saw a person attempting to cross a bridge which had been ascertained to be unsafe, and (...) there were no time to warn him of his danger, they might seize him and turn him back, without any real infringement of his liberty; for liberty consists in doing what one desires, and he does not desire to fall into the river.”. (shrink)

This paper is about certain of the ways in which rights and liberties are interrelated. It is also about the distinction between "prima facie" and "on balance" rights. Although philosophers concerned with the former issue commonly reject the notion of a prima facie right or ignore it entirely, I argue that an adequate account of how rights are related to liberties must rest on the idea that some rights are only prima facie.

Liberalism has often been viewed as a continuing dialogue about the relative priorities between liberty and equality. When the version of equality under discussion requires equalization of outcomes, it is easy to see how the two ideals might conflict. But when the version of equality requires only equalization of opportunities, the conflict has been treated as greatly muted since the principle of equality seems so meager in its implications. However, when one looks carefully at various versions of equal opportunity (...) and various versions of liberty, the conflict between them is, in fact, both dramatic and inescapable. Each version of the conflict poses hard choices which defy anysystematicpattern granting priority to one of these basic values over the other. In this essay, I will flesh out and argue for this picture of fundamental conflict, and then turn to some more general issues about the kinds of answers we should expect to the basic questions of liberal theory. (shrink)

There are at least three tolerably distinct views about the connections between liberty and property; two of these I shall discuss fairly briefly in order to get on to Mill's central claims about the relationship between property rights and freedom, but in conclusion I shall return to them to show how they bear on what Mill has to say.

How can we establish a political/legal order that in principle does not require the human flourishing of any person or group to be given structured preference over that of any other? Addressing this question as the central problem of political philosophy,_ Norms of Liberty_ offers a new conceptual foundation for political liberalism that takes protecting liberty, understood in terms of individual negative rights, as the primary aim of the political/legal order. Rasmussen and Den Uyl argue for construing individual rights (...) as metanormative principles, directly tied to politics, that are used to establish the political/ legal conditions under which full moral conduct can take place. These they distinguish from normative principles, used to provide guidance for moral conduct within the ambit of normative ethics. This crucial distinction allows them to develop liberalism as a metanormative theory, not a guide for moral conduct. The moral universe need not be minimized or morality grounded in sentiment or contracts to support liberalism, they show. Rather, liberalism can be supported, and many of its internal tensions avoided, with an ethical framework of Aristotelian inspiration—one that understands human flourishing to be an objective, inclusive, individualized, agent-relative, social, and self-directed activity. (shrink)

_From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke_ In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history of the struggle (...) for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how “the meditations of the past were fitted to affairs of a later day.”. (shrink)

In recent years, a number of realist thinkers have charged much contemporary political theory with being idealistic and moralistic. While the basic features of the realist counter-movement are reasonably well understood, realism is still considered a critical, primarily negative creed which fails to offer a positive, alternative way of thinking normatively about politics. Aiming to counteract this general perception, in this article I draw on Bernard Williams’s claims about how to construct a politically coherent conception of liberty from the (...) non-political value of freedom. I do this because Williams’s argument provides an illuminating example of the distinctive nature of realist political thinking and its attractions. I argue that Williams’s account of realist political thinking challenges the orthodox moralist claim that normative political arguments must be guided by an ideal ethical theory. I then spell out the repercussions Williams’s claims about the significance of political opposition and non-mor... (shrink)

This paper aims to persuade its reader that libertarianism, at least in several of its varieties, is a species of the genus Michael Oakeshott referred to as ‘rationalism in politics’. I hope to demonstrate, employing the work of Oakeshott, as well as Aristotle and Onora O’Neill, how many libertarian theorists, who generally have a sincere and admirable commitment to personal liberty, have been led astray by the rationalist promise that we might be able to approach deductive certainty concerning the (...) 'correctness' of some political programme. Of course libertarians, in common with the adherents of almost any other political ‘stance’, are not a monolithic body, but exhibit a variety of more or less rationalist arguments for their views. For example, a thinker like Hayek, who is often placed in the libertarian camp, came to adopt much of Oakeshott’s critique of rationalism in his later work. And, of course, Oakeshott himself expressed an affinity for libertarian ideas in his essay, ‘The Political Economy of Freedom’ (1991 [1962]). But a general predilection to enhance individual freedom as far as is deemed practicable is quite a different matter from taking a stance in which liberty, and liberty conceived in a rather narrow fashion, is the only value deemed admissible into ‘reasonable’ political discourse. (We will see in a subsequent section that Oakeshott recognized this urge to sanctify one value above all others as a logical requirement of striving for deductive political truths.) I believe that a critique of such libertarian rationalism is particularly relevant given the present situation in the United States vis-à-vis civil rights and the ongoing ‘war on terror’, in that many non- libertarian supporters of peace and strong civil rights find themselves allied with libertarians on these issues—if libertarians have gotten these issues ‘correct’, then how might they have gone wrong elsewhere? Furthermore, the critique may aid libertarians themselves, because, if the title of this paper is accurate, such a single-minded exaltation of one value above all others is an enemy of true liberty, so that libertarians might want to rethink adopting such a position. As Philip Pettit demonstrates (1997), freedom as non-domination is more robust and inclusive of all that we value about freedom than is the libertarian concept of freedom as non-interference; by allowing, say, immense economic power to be concentrated in a single corporation, as intervention to break the company up would violate the principle of non-interference, libertarian ideas may greatly diminish the liberty of the people subject to that corporate power. (shrink)

The subject of this book is how to build institutions of liberty in this hemisphere of the Americas.