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 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)

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)

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.

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)

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)

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)

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)

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)

Religious freedom is included among the basic liberties to which persons are entitled in John Rawls’s account of Justice as Fairness. Rawls’s revised presentation of this as a political conception of justice in Political Liberalism aims to show how it can be (along with the other parts of Justice as Fairness) the focus of an overlapping consensus of reasonable comprehensive doctrines. As an example, Rawls contends that his understanding of religious freedom is consistent with that of the Roman Catholic Church, (...) at least since the Second Vatican Council. I argue that he was mistaken in this in so far as other aspects of his political conception, especially its characterization of citizens as normatively having the power to form their own conceptions of the good, puts it at odds with the teaching of the Council’s Declaration on Religious Freedom, Dignitatis humanae. This suggests more generally that the limits of consensus in modern pluralist societies are greater than Rawls’s theory holds. (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)

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)

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)

'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)

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.

Taking the title of his book from Isaiah Berlin's famous essay distinguishing a negative concept of liberty connoting lack of interference by others from a positive concept involving participation in the political realm, Samuel Fleischacker explores a third definition of liberty that lies between the first two. In Fleischacker's view, Kant and Adam Smith think of liberty as a matter of acting on our capacity for judgment, thereby differing both from those who tie it to the satisfaction (...) of our desires and those who translate it as action in accordance with reason or "will." Integrating the thought of Kant and Smith, and developing his own stand through readings of the Critique of Judgment and The Wealth of Nations, Fleischacker shows how different acting on one's best judgment is from acting on one's desires--how, in particular, good judgment, as opposed to mere desire, can flourish only in favorable social and political conditions. At the same time, exercising judgment is something every individual must do for him- or herself, hence not something that philosophers and politicians who reason better than the rest of us can do in our stead. For this reason advocates of a liberty based on judgment are likely to be more concerned than are libertarians to make sure that government provides people with conditions for the use of their liberty--for example, excellent standards of education, health care, and unemployment insurance--while at the same time promoting a less paternalistic view of government than most of the movements associated for the past thirty years with the political left. (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)

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)

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)

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 provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

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)

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)

ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to (...) be coerced by the state when the state is motivated by improper reasons ; and second, a right not to be coerced by the state when there are insufficient justifying reasons for the state to do so, irrespective of how such state coercion may be motivated. Neither right is regarded as “absolute,” and so it is morally permissible for the state to override such rights in certain circumstances. The second part of the article examines the distinct and additional considerations that must be taken into account when these two moral rights to liberty are fashioned into corresponding legal rights under American constitutional law. Both such rights survive the transformation, but each becomes altered somewhat in its content. This legal transformation includes recognition of the nonabsolute nature of moral rights, such recognition taking the form of some doctrine of “compelling state interests.” The discussion in these two main parts of the article is prefaced with a defense of the article's use of political philosophy to inform constitutional law, a defense motivated by Chief Justice Robert's denunciation of such an approach to constitutional law in his opinion inObergefell. (shrink)

This chapter shows how Mary Astell and Margaret Cavendish can reasonably be understood as early feminists in three senses of the term. First, they are committed to the natural equality of men and women, and related, they are committed to equal opportunity of education for men and women. Second, they are committed to social structures that help women develop authentic selves and thus autonomy understood in one sense of the word. Third, they acknowledge the power of production relationships, especially friendships (...) among women, in cultivating fulfilling lives for women. All three forms of feminism promote greater liberty for women. Moreover, the chapter establishes that many of these conclusions are especially forceful given Cavendish’s use of the genre of literature, and given the method that literature allows, namely that of presenting alternate points of view. (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)

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

Isaiah Berlin was one of the leading political thinkers of the twentieth century, and his work continues to attract admiration and debate. In Isaiah Berlin: Liberty, Pluralism and Liberalism, George Crowder provides both an accessible introduction to Berlin's ideas and an original contribution to political theory. Berlin's range of interests and learning was vast but united by a single overarching project: the uncovering of the conceptual roots of twentieth-century totalitarianism. He traces these through three levels of analysis: the distortion (...) of the concept of freedom by thinkers such as Rousseau, Fichte, Hegel and Marx; the scientism of the Enlightenment and irrationalism of the Counter-Enlightenment and romanticism; and moral monism, the idea that all ethical questions can be answered by reference to a single moral law. Against monism, Berlin asserts the claims of value pluralism, which he aligns with a politics of liberal moderation. In this new assessment, Crowder argues that Berlin's critique of the modern enemies of liberty is exciting and powerful, but also that the coherence of his thought is threatened by a tension between its liberal and pluralist elements. Crowder goes on to suggest how that tension can be resolved by appeal to arguments that go beyond the case actually presented by Berlin but which remain within the spirit of his general outlook. (shrink)

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)

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)

This paper addresses the question of whether all that unites the main parts of John Stuart Mill’s On Liberty—the liberty principle, the defense of free discussion, the promotion of individuality, and the claims concerning individual competence about one’s own good—is a general concern with individual liberty, or whether we can say something more concrete about how they are related. I attempt to show that the arguments of On Liberty exemplify Mill’s institutional design approach set out in (...) Considerations of Representative Government and related works. Mill’s approach reflects both his debt to Bentham and his own progressive development of the utilitarian tradition. The paper proceeds by setting out the elements of Mill’s institutional designs and then showing that On Liberty neatly applies them, thereby clarifying the structure of the arguments of On Liberty. (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)

Theorists of Gallican liberty took as their premise the idea that France had an exceptional status amongst the national Christian churches. However, as contemporaries had noted, the precise definition of Gallican liberties remained at stake; Antoine Hotman noted in his treatise on the subject that ‘it is a strange phenomenon that everyone talks of the liberties of the Gallican Church and, most of the time, very few people know what they are and cannot account for their origins or for (...) their progress’. Within the context of French reactions to the papal excommunications of Henri III and Henri de Navarre, and reception of the Tridentine decrees, the question of how to define Gallican liberty was an extremely pertinent one. This article examines the treatment of Gallican ideas in Catholic League treatises as they negotiated a balance between arguments for Gallican independence and indirect papal power. Despite accusations from their contemporaries that they were attacking the Gallican church, Leaguer discussions of Gallican liberty frequently proved to be an integral part of the argument that Catholicity was a ‘fundamental law’ of France. (shrink)

A universal entitlement to health care can be grounded in the liberty principle. A detailed examination of Rawls's discussion of health care in Justice as Fairness shows that Rawls himself recognized that illness is a threat to the basic liberties, yet failed to recognize the implications of this fact for health resource allocation. The problem is that one cannot know how to allocate health care dollars until one knows which basic liberties one seeks to protect, and yet one cannot (...) know which basic liberties to protect until one knows how health care dollars will be allocated. The solution is to design the list of basic liberties and the health care system in tandem so as to fit each other, such that every citizen is guaranteed a set of basic liberties and access to the health services needed to secure them. (shrink)

What kind of freedom, and what kind of individual, has the French Revolutionary tradition sought to propagate? Paul Cohen finds a distinctly French articulation of freedom in the texts and lives of eight renowned cultural critics who lived between the eighteenth century and the present day. Arranged not according to the lives and times of its protagonists but to the narrative themes and structures they held in common, Cohen’s study discerns a single master narrative of liberty in modern France. (...) He captures these radicals, whose tradition bids them to resist the authority of power structures and public opinion. They denounce bourgeois and utilitarian values, the power of Church and State, and the corrupting influence of everyday politics, and they dream of a revolutionary rupture, a fleeting instant of sometimes violent but always meaningful transgression. An eloquent and insightful work on French political culture, _Freedom's Moment_ also helps explain how France, even as it has oscillated between political stagnation and crisis, has held onto its faith that liberty, equality, and fraternity remain within its grasp. Examines the ideas of Rousseau, Robespierre, Stendahl, Michelet, Bergson, Peguy, Sartre, and Foucault. (shrink)

Adorno and Levinas argue from distinct yet intersecting perspectives that there are pathological forms of freedom, formed by systems of power and economic exchange, which legitimate the neglect, exploitation and domination of others. In this paper, I examine how the works of Adorno and Levinas assist in diagnosing the aporias of liberty in contemporary capitalist societies by providing critical models and strategies for confronting present discourses and systems of freedom that perpetuate unfreedom such as those ideologically expressed in possessive (...) individualist and libertarian conceptions of freedom. (shrink)

L.T.Hobhouse's concept of liberty--the concept at the heart of new liberalism--is based on T.H. Green's positive freedom. However, this paper demonstrates that the former has its own distinct nature and can be usefully defined as 'liberty as welfare'. In a context of renewed interest in the link between liberty and ability/personal development, scholars have looked back to Green's positive liberty. But the complex nature of latter has led to scholarly disagreement about its definitive features. The paper (...) argues that Hobhouse's liberty has achieved what neither of Green's two liberties, juristic and true (or positive), have: accommodate concerns with personal development and social justice in a 'primary' concept of freedom. It is demonstrated that only Green's positive freedom, as opposed to his juristic freedom, internalises commitment to development and social justice, but for a number of reasons reviewed in the paper, it is not a primary concept. The first section of the paper examines and criticises Green's dismissal of juristic freedom and outlines the ways in which this concept could have been more viable. The second section demonstrates how Hobhouse's liberty achieves what Green's juristic freedom could have but did not--accommodate personal development and social justice in a concept of liberty that remains an opportunity concept. (shrink)

Recent writing on the nature of freedom has served to underline a crucial gap in the academic experience. First--and most obviously--the concept of freedom has been modernized by its application to contemporary institutions. Second, a new approach to the concept of liberty has been pioneered in the construction of new typologies of freedom. Finally, awareness of variety in concepts of freedom has been paralleled in variations in the practice of freedom. The tumultuous history of Western man may be conceptualized (...) as the story of how freedom has become embodied. What is missing from the story is the relationship of concepts to actions.This relationship has been established for some specific notions of freedom. Many of the philosophical analyses--especially recent ones like pragmatism and existentialism--have been predicated on actual human behavior. On the other hand, many classic histories of freedom--those of Georg Wilhelm Friedrich Hegel, John Bagnell Bury, Guido de Ruggiero, and Harold Laski--have traced the actual development of a definite kind of freedom.This volume contains essays prepared to celebrate the anniversary of the publication of John Stuart Mill's On Liberty, revised in the light of discussions by Henry D. Aiken, William Ebenstein, Mark DeWolfe Howe, and David Spitz, as well as other articles, many of them growing out of the discussion either in the form of commentary or independent contributions. There are also two papers written independently. (shrink)

The history of liberalism is the history of an ethical ideal as well as a set of political and social arrangements. In the latter sense liberalism entrenches the juridical equality of all citizens, their equal civil and political rights – including among those rights a set of liberties strong enough to restrict the authority of society over the individual in a fundamental way. How to express in institutions this politically fundamental restriction is an important matter of debate, but that debate (...) will not concern us. For present purposes I assume I can refer to liberalism as a set of political and social arrangements without further examination. Our concern will instead be the liberal ethical ideal and its present prospects. (shrink)

This study locates the philosophical origins of the Anglo-American political and constitutional tradition in the philosophical, theological, and political controversies in seventeenth-century England. By examining the quarrel it identifies the source of modern liberal, republican and conservative ideas about natural rights and government in the seminal works of the Exclusion Whigs Locke, Sidney, and Tyrrell and their philosophical forebears Hobbes, Grotius, Spinoza, and Pufendorf. This study illuminates how these first Whigs and their diverse eighteenth-century intellectual heirs such as Bolingbroke, Montesquieu, (...) Hume, Blackstone, Otis, Jefferson, Burke, and Paine contributed to the formation of Anglo-American political and constitutional theory in the crucial period from the Glorious Revolution through to the American Revolution and the creation of a distinctly American understanding of rights and government in the first state constitutions. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty (...) of conscience requires a secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

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

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.

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)