Martin Van Hees

This paper presents a non-preference-based approach to the analysis of negative freedom. It is argued that a proper understanding of (different conceptions of) negative freedom necessitates an examination of the consequences of changes in the set of feasible alternatives. For this reason the paper does not focus on freedom rankings of opportunity sets but on freedom rankings of opportunity situations, i.e., pairs consisting of a feasible set and an opportunity set. Three different freedom rankings of opportunity situations are axiomatically characterised. Each of the three rankings forms a generalisation of the purely cardinality-based freedom ranking of opportunity sets presented by Pattanaik and Xu (1990)

This paper provides a methodologically original construction of Kant’s “Formula of Universal Law”. A formal structure consisting of possible worlds and games—a “game frame”—is used to implement Kant’s concept of a maxim and to define the two tests FUL comprises: the “contradiction in conception” and “contradiction in the will” tests. The paper makes two contributions. Firstly, the model provides a formal account of the variables that are built into FUL: agents, maxims, intentions, actions, and outcomes. This establishes a clear benchmark for understanding how the mechanics of FUL actually work. Secondly, the analysis of the resulting framework sheds new light on discussions about the implications of FUL. On the basis of this, we suggest a move to “comprehensive Kantianism’, which is the application of FUL to systems of maxims rather than to isolated maxims.