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From Freedom to Liberty: The Construction of a Political Value

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Philosophy & Public Affairs 30.1 (2001) 3-26 My subject is freedom and in particular freedom as a political value. Many discussions of this topic consist of trying to define the idea of freedom, or various ideas of freedom. I do not think that we should be interested in definitions. I leave aside the very general philosophical point that if we mean, seriously, definitions, there are no very interesting definitions of anything. There is a more particular reason. In the case of ethical and political ideas, what puzzles and concerns us is the understanding of those ideas -- in the present case, freedom -- as a value for us in our world. I do not mean that we are interested in it only as it figures in precisely our set of values -- meaning by that, those of a liberal democratic society. Manifestly it is equally part of our world that such ideas are also used by those who do not share our values or only partly share them -- those with whom we are in confrontation, discussion, negotiation, or competition, with whom in general we share the world. Indeed, we will disagree among ourselves about freedom within our own society. We experience conflicts between freedom and other values, and -- a point I shall emphasize -- we understand some desirable measures as involving a cost in freedom. Whatever our various relations may be with others in our world who do or do not share our conception of freedom, we will not understand our own specific relations to that value unless we understand what we want that value to do for us -- what we, now, need it to be in shaping our own institutions and practices, in disagreeing with those who want to shape them differently, and in understanding and trying to co-exist with those who live under other institutions. In all their occurrences, these various conceptions or understandings of freedom, including the ones we immediately need for ourselves, involve a complex historical deposit, and we will not understand them unless we grasp something of that deposit, of what the idea of freedom, in these various connections, has become. This contingent historical deposit, which makes freedom what it now is, cannot be contained in or anticipated by anything that could be called a definition. It is the same here as it is with other values: philosophy, or as we might say a priori anthropology, can construct a core or skeleton or basic structure for the value, but both what it has variously become, and what we now need it to be, must be a function of actual history. In the light of this, we can say that our aim is not to define but to construct a conception of freedom. I shall not attempt a general account of what might count as constructing one or another conception of freedom. One might say that the notion of construction applies at different levels. We need to construct a value of freedom specifically for us; and we need a more generic construction or plan of freedom which helps us to place other conceptions of it in a philosophical and historical space -- which shows us, one might say, how other specific conceptions might be constructed in their own right. Some of the questions raised by these requirements would simply be a matter of terminology, of how we might use the term 'construction.' But there is a more significant consideration which links these two levels. The conception of freedom we need for ourselves is both historically self-conscious and suitable to a modern society -- and those two features are of course related to one another. Because of this, our own specific and active conception of freedom, the one we need for our practical purposes, will contain implicitly the materials for a reflective understanding of the more general possibilities of construction. However, it is just as important that the disputes that have circled around the various definitions and concepts of liberty do not just represent a set of verbal misunderstandings. They have been disagreements about something. There is even a sense in which they have been disagreements about some one thing. There must be a core, or a primitive...

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Thesis
In dieser Arbeit untersuche ich die Frage, ob die liberale Konzeptualisierung des Politischen adäquat ist, um genuin politische Kategorien wie Macht, Konflikt und Ungerechtigkeit zu erfassen. Ich identifiziere diese drei Kategorien unter Bezugnahme auf die nicht-ideale Theoriebildung, die realistische Kritik sowie die feministische soziale Standpunkttheorie. Ich argumentiere, dass das Rawlsianische Paradigma liberaler Theoriebildung weder genuin politische Kategorien wie politische Macht und Konflikte, noch den Begriff der Ungerechtigkeit einschließlich ihrer spezifisch epistemischen Dimension konzeptuell erfassen kann. Ich zeige, dass Judith Shklars konfliktiver Liberalismus sowohl konzeptuell als auch normativ in der Lage ist, diesen drei Herausforderungen der liberalen Theoriebildung produktiv zu begegnen und die genannten Kategorien zu konzeptualisieren. Ich zeige, dass Shklar eine genuin politische liberale Theorie formuliert, die politische Macht sowie deren notwendig asymmetrische Verteilung zum Ausgangspunkt nimmt. Die aus diesem Machtgefälle resultierenden Positionen politischer Machtlosigkeit und Marginalisierung führen wiederum zu einer konfliktiven politischen Dynamik. Ich zeige, dass Shklars Orientierung an der Perspektive der Marginalisierten Gemeinsamkeiten mit der sozialen Standpunkttheorie aufweist, und ihr Ansatz die situierte Epistemologie der Ungerechtigkeit integrieren kann, weshalb ich diesen als besonders emanzipativ verteidige. Daher schließe ich, dass Shklars konfliktiver Liberalismus den eingangs genannten Herausforderungen begegnet und eine adäquate liberale Theorie des Politischen darstellt.
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Realists and non-ideal theorists currently criticise Rawlsian mainstream liberalism for its inability to address injustice and political conflict, as a result of the subordination of political philosophy to moral theory (Bernard Williams), as well as an idealising and abstract methodology (Charles W. Mills). Seeing that liberalism emerged as a theory for the protection of the individual from conflict and injustice, these criticisms aim at the very core of liberalism as a theory of the political and therefore deserve close analysis. I will defend Judith N. Shklar’s liberalism of fear as an answer to these challenges. I will argue that the liberalism of fear maintains realism’s conflictual and inherently political thrust while also integrating a perspective on injustice. I will defend the claim that in contrast to the two aforementioned criticisms, the liberalism of fear develops its own normative standard from which political arrangements can be assessed. It does so by replacing the idealising approach to political philosophy with a non-utopian methodology, which opens a negative perspective on what is to be avoided in the political sphere, and how to detect and deal with injustice. Due to this standard, it is a liberal theory that is uniquely able to meet the realist and non-ideal challenge.
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‘May the safety of the people be the supreme law!’ Cicero’s slogan is invoked to justify the claim that during a state of emergency, the political sovereign may do whatever in his judgement is required to secure the people, including acting against the law. It would seem to follow that when human rights are made into legal entitlements, they may legitimately be suspended along with other legal protections during a state of emergency. As a result, human rights would be relativized to what we can think of as a political judgement about when the safety of the people is not in issue. The author contests this claim through an argument based in Hobbes’s political and legal theory that the safety of the people is a juridical concept, as is sovereignty itself. The sovereign cannot act outside of law and his exercises of power have to be justified to his subjects as being according to law, where accordance with law requires respect for human rights. These ideas are located in the constitutionalist tradition which stretches back to Cicero and his much-misinterpreted slogan.
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This chapter addresses the connection between the right to justification and power. It reconstructs Forst’s noumenal understanding of power by analyzing his argumentative steps from the recognition of reasons by subjects of power to the thesis that this recognition requires justification and, ultimately, to the conclusion that power requires justification. It then challenges different aspects of this account related to a conceptual link and a normative link between power and justification. As far as the conceptual link is concerned, the chapter critically explores Forst’s various premises in order to challenge his conclusion that power requires justification. This critical exploration raises doubts about Forst’s starting point that to be a subject of power is to be moved by reasons.
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Questions of how to define public values (PVs), measure specific values and form a paradigm with broad applicability have perplexed elites for decades. This paper introduces a five-dimension integrated PV theory and evolves the paradigm of Public Value Account (PVA) proposed by Moore. Through the annual PVs “loss-creation” statistical table, PVA exhibits the process, in which area, in what ways, of PVs creating or losing in a “T- shaped” and open-ended account. A G20 case study using cross-sectional date for 2006 and 2016 is presented to prove the availability of PVA in trans-regional and inter-temporal comparison.
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If a short list of keywords had to be proposed in order to explain why John Stuart Mill (1806–1873) was a great liberal thinker, it would certainly include utility, liberty, and equality. These concepts express his view of liberalism, which lies between classical liberalism and a social, if not socialist, vision, calling for a significant intervention of the state. Apart from his insights in many domains of the individual, economic, social, and political life, Mill’s specific position in the history of liberalism justifies to devote particular attention to his work.
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The articles comprising this thematic symposium suggest options for exploring the nexus between freedom and unfreedom, as exemplified by the British abolitionists’ anti-slavery campaign and the paradox of freedom. Each article has implications for how these abolitionists achieved their goals, social activists’ efforts to secure reparations for slave ancestors, and modern slavery (e.g., human trafficking). We present the abolitionists’ undertaking as a marketing campaign, highlighting the role of instilling moral agency and indignation through re-humanizing the dehumanized. Despite this campaign’s eventual success, its post-emancipation phase illustrates a paradox of freedom. After introducing mystification as an explanation for the obscuring rhetoric used to conceal post-emancipation violations of freedom during the West’s colonial phase, we briefly discuss the appropriateness of reparations. Finally, we discuss the contributions made by the articles in this thematic symposium.
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This essay is critical of two standard interpretations of Hannah Arendt’s political thought which either praise her agonistic conception of politics or assume that she in fact embraces the need for normative institutional structures that give democratic pluralism form. I argue that Arendt’s emphasis on the existential primacy of freedom does not hold up to constitutional and political realities, especially within the context of the debates about civil rights in the United States during the 1950s and 1960s. Paradoxically, it is precisely the existential primacy of freedom over rights, and over their institutional forms, that leaves democratic pluralism undefended. The stability of democratic pluralism requires a constitutional state, but Arendt consistently rejects the administrative demands of this state.
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John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate. Ignoring the frame in which Rawls discusses civil disobedience has led critics to wrongly attack his theory for being too restrictive when it is more likely to be too permissive. That permissiveness depends on treating any political order which does not come close to fulfilling his theory of justice as absolutely illegitimate. In this sense, Rawls’ theory of political authority is binary and demanding. The problems his theory shares with most others, including his critics’, show that political authority needs to be disaggregated to make sense of the conditions under which different forms of protest and resistance are appropriate.
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Il confine tra realismo politico e liberalismo non è teoricamente così chiaro come l’asprezza del dibattito sembrerebbe suggerire. Tra le due tradizioni non c’è una forte distinzione né sul piano metodologico né su quello sostanziale. Il dibattito sul metodo, che ruota attorno alle condizioni di realizzabilità dei propri ideali, non basta a qualificare una posizione come realista, perché questa preoccupazione è presente anche nella tradizione liberale della cosiddetta teoria non-ideale (Valentini 2012). Molti realisti, come Matt Sleat (Sleat 2014), Enzo Rossi (2015b) ed Edward Hall (2015), ritengono riduttivo assimilare le loro tesi a questa posizione. Nemmeno sul piano sostanziale è facile distinguere tra realismo e idealismo perché entrambi gli approcci sostengono istituzioni liberali e democratiche. I realisti in questo caso si limitano a criticare il modo in cui queste vengono giustificate dagli idealisti (Finlayson 2015). Per cercare di chiarire questo dibattito, è dunque necessario specificare che la «caratteristica che lo definisce […] è il tentativo di dare autonomia al politico» (Rossi e Sleat 2014, 2). Questo articolo mira perciò a mettere a fuoco la «concezione fondamentalmente diversa di che cos’è la politica» (Sleat 2014, 5) adottata dai realisti politici. Utilizzando questa come criterio è possibile distinguere il realismo dal liberalismo politico kantiano di ispirazione rawlsiana, variamente criticato nella letteratura come «umanesimo liberale» (Gray 2002a, xI), «moralismo politico» (Williams 2005, 1), «approccio ethic-first» (Geuss 2009, 1), e «alto liberalismo» (Galston 2010, 385).
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Neither self-styled radical ‘realists’ who reject the sort of liberalism inspired by John Rawls, nor liberal ‘realists’ who reject other forms of apparently utopian politics, properly take the measure of how far their accounts of realism recall the historical political theory of nineteenth-century European Realpolitik. This article sketches the evolution of that style of political theory in the thought of its conceptual pioneer, August Ludwig von Rochau, and outlines the bases of his understanding of state power. Reconstructing his argument not only suggests an alternative genealogy for modern realism in political theory, but it also offers a challenge. For behind Rochau’s Realpolitik lies a strong judgment about how ideas are politically consequential only when aligned with state power under modernity, and that such alignments are both historically conditioned and difficult to judge. Rochau’s challenge for realism in contemporary liberal political theory implies that its general antipathy towards writing about the historical evolution of the state and its structural power threatens to leave it as unmoored from practical politics as the so-called ideal-theorists that realists so often profess to criticize.
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Jean-Luc Nancy claims that the establishing of working definitions of rights, exemptions, and moral values in respect of freedom has tended to divert attention from any direct questioning of freedom itself. But what is it to question freedom without bringing in those ideas that ally freedom with education? To broach this point, this paper analyses the received discourse within philosophy concerning the idea of freedom, specifically its differentiation between negative and positive freedoms, considered as freedom of something: a genitive condition of human being. In reading of Martin Heidegger, I attempt to take a stance on the idea of freedom as a phenomenon that in education appears ‘as’ something. In order to illustrate and explore the phenomenon of freedom in education, finally, this paper addresses the five themes of freedom as possibility, as movement, as a leap, as language, and as thinking.
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John Coggon argues that the important question for analysts in the fields of public health law and ethics is 'what makes health public?' He offers a conceptual and analytic scrutiny of the salient issues raised by this question, outlines the concepts entailed in, or denoted by, the term 'public health' and argues why and how normative analyses in public health are inquiries in political theory. The arguments expose and explain the political claims inherent in key works in public health ethics. Coggon then develops and defends a particular understanding of political liberalism, describing its implications for critical study of public health policies and practices. Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health.
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In my 2009 book Moral Realism as a Moral Doctrine, I argued that morality is objective in several distinct though overlapping senses, and I further maintained that questions about the objectivity of morality are substantive moral questions (albeit usually at high levels of abstraction). In the course of that book, I made several laudatory references to Ronald Dworkin’s well-known 1996 article ‘Objectivity and Truth’ as well as to some of his other writings. In regard to the two main themes of my book that have just been mentioned, I took myself to be firmly allied with Dworkin. Though Moral Realism as a Moral Doctrine adverts only occasionally to his work, it makes clear my esteem for his reconception of meta-ethics as a branch of ethics.At a few other junctures in my 2009 volume, however, I criticized Dworkin. My criticisms were focused not on his legal philosophy ─ with which I have sustainedly taken issue elsewhere ─ but instead on some of his ethical positions. One such position to which I took exception is his value-monism. That is, I took exception to his opting for the hedgehog side of the ancient hedgehog/fox dichotomy that was made famous in modern times by Isaiah Berlin. Dworkin’s allegiance to the former side of that dichotomy is starkly proclaimed by the title of his sprawlingly ambitious recent book Justice for Hedgehogs. In what follows, I will leave aside many sections of that impressive tome in order to concentrate on the main portion that deals with meta-ethics and on one portion that deals with the putative unity of value. Given that I am almost entirely in agreement with the former portion and largely in disagreement with the latter, this brief review will naturally impugn Dworkin’s assumption that his anti-Archimedeanism and his value-monism are integrally connected.
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What is liberty? There are by now a number of familiar answers to this question. One such answer is that liberty consists in the absence of interference, in not being constrained against one’s will. Another is that liberty consists in self-mastery in the exercise of moral or political self-determination. A third is that liberty consists in the absence of arbitrary rule, in not being vulnerable to the whim of others. These answers can be seen as alternatives, among which you take your pick, refuting the others as somehow mistaken or wrong. This is reinforced, I believe, by the fact that definitions of freedom get to be associated with different ideological positions. Noninterference is “liberal” freedom,1 the absence of arbitrary rule is “republican” freedom, and the exercise of self-mastery or self-determination is perhaps “communitarian”, or “socialist.” Both the definitions, to put this starkly, and the ideological associations are, of course, simplistic and cover up a lot of variety. Unpacking that variety is not my concern here.2 Instead I will slightly shift focus and discuss the role played by the concept of liberty in our social and political theorizing. A general claim I wish to make is that the social world is too complex for any single one of these accounts to fill the part we seem to want “freedom” to play.
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Freedom is often analysed in terms of the absence of intentionally imposed constraints. I defend the alternative view on which the relevant constraints are those for which some agent can be held morally responsible. I argue that this best captures the relation between freedom and respect. Berlin (1969) correctly points out that intentional restrictions exhibit ill will and hence are disrespectful. However, the same holds, I argue, for restrictions that are due to indifference. Berlin also observed that it would be counterintuitive if an agent could increase her freedom by changing her preferences. I criticize the argument that Dowding and Van Hees (2007, 2008) present according to which this observation counts in favour of explicating freedom in terms of intentionality.
Book
What can--and what can't--philosophy do? What are its ethical risks--and its possible rewards? How does it differ from science? InPhilosophy as a Humanistic Discipline, Bernard Williams addresses these questions and presents a striking vision of philosophy as fundamentally different from science in its aims and methods even though there is still in philosophy "something that counts as getting it right." Written with his distinctive combination of rigor, imagination, depth, and humanism, the book amply demonstrates why Williams was one of the greatest philosophers of the twentieth century. Spanning his career from his first publication to one of his last lectures, the book's previously unpublished or uncollected essays address metaphysics, epistemology, and ethics, as well as the scope and limits of philosophy itself. The essays are unified by Williams's constant concern that philosophy maintain contact with the human problems that animate it in the first place. As the book's editor, A. W. Moore, writes in his introduction, the title essay is "a kind of manifesto for Williams's conception of his own life's work." It is where he most directly asks "what philosophy can and cannot contribute to the project of making sense of things"--answering that what philosophy can best help make sense of is "being human." Philosophy as a Humanistic Disciplineis one of three posthumous books by Williams to be published by Princeton University Press.In the Beginning Was the Deed: Realism and Moralism in Political Argumentwas published in the fall of 2005.The Sense of the Past: Essays in the History of Philosophyis being published shortly after the present volume.
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Using the history of political thought and real-world political contexts, including South Africa and the recent global financial crisis, this book argues that power is integral to freedom. It demonstrates how freedom depends upon power, and contends that liberty for all citizens is best maintained if conceived as power through political representation. Against those who de-politicise freedom through a romantic conception of ’the people’ and faith in supposedly independent judicial and political institutions, Lawrence Hamilton argues that real modern freedom can only be achieved through representative and participative mechanisms that limit domination and empower classes and groups who become disempowered in the conflicts that inevitably pervade politics. This is a sophisticated contribution to contemporary political theory that will be of interest to scholars and students of history, politics, philosophy, economics, sociology, development studies and Southern African studies.
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In this wide-ranging interdisciplinary work, Paul W. Kahn argues that political order is founded not on contract but on sacrifice. Because liberalism is blind to sacrifice, it is unable to explain how the modern state has brought us to both the rule of law and the edge of nuclear annihilation. We can understand this modern condition only by recognizing that any political community, even a liberal one, is bound together by faith, love, and identity. Putting Liberalism in Its Placeis a real success. It is learned, clear, forceful, and loaded with quotable lines. Most importantly, it takes a much needed shot across the bow of academic liberal theory.
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In Andrea Sangiovanni’s words, practice-dependent theorists hold that “[t]he content, scope, and justification of a conception of [a given value] depends on the structure and form of the practices that the conception is intended to govern”. They have tended to present this as methodologically innovative, but here I point to the similarities between the methodological commitments of contemporary practice-dependent theorists and others, particularly P. F. Strawson in his Freedom and Resentment and Bernard Williams in general. I suggest that by looking at what Strawson and Williams did, we can add to the reasons for adopting one form or another of practice-dependence. The internal complexity of the practices we hope our principles will govern may require it. However, this defence of practice-dependence also puts pressure on self-identified practice-dependence theorists, suggesting that they need to do more work to justify the interpretations of the practices their theories rely on.
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