Tom O'Shea

The republican ideal of non-domination identifies the capacity for arbitrary interference as a fundamental threat to liberty that can generate fearful uncertainty and servility in those dominated. I argue that republican accounts of domination can provide a powerful analysis of the nature of legal and institutional power that is encountered by people with mental disorders or cognitive disabilities. In doing so, I demonstrate that non-domination is an ideal which is pertinent, distinctive, and desirable in thinking through psychological disability. Finally, I evaluate republican strategies for contesting domination, focusing on the limits of contestatory democracy, and proposing a participatory alternative which better addresses problems of political agency in the mentally disordered and cognitively disabled.

This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are recommended for securing freedom in the context of the legal regulation of psychological disability: self-authorisation techniques and participatory shaping of power. The result is a series of proposals for the reform of decisional capacity law, including a transition towards purely functional assessment of decisional capacity, surer legal footing for advanced care planning, and greater control over the design and administration of decision-making capacity laws by those with psychological disabilities.

This article challenges the individualism and neutrality of modern moral conscience. It looks to the history of the concept to excavate an older tradition that takes conscience to be social and morally responsive, while arguing that dominant contemporary justifications of conscience in terms of integrity are inadequate without reintroducing these social and moral traits. This prompts a rethinking of the nature and value of conscience: first, by demonstrating that a morally-responsive conscience is neither a contradiction in terms nor a political absurdity; second, by suggesting how a morally-responsive conscience can be informed by the social world without being a mere proxy for social power or moribund tradition.

This chapter develops a civic republican approach to disability justice. It begins by articulating a republican account of liberty as nondomination before showing how such domination can shape the relationships of people with disabilities. This leads to a consideration of whether disability justice can be defined in terms of maximizing or sufficient nondomination. Instead, the chapter provides a civic framework within which republican disability justice can be understood, encompassing both the absence of oppressive relationships and the presence of capabilities of special egalitarian concern. It also considers some specific normative implications of a republican account of disability justice—doubting the suitability of contestatory democracy but pointing toward the merits of self-education and universal basic income. Finally, the objection that this republican approach to disability justice unreasonably denigrates dependence is rebutted.

This article undertakes a republican analysis of power in the workplace and labour market in order to determine whether workers are dominated by employers. Civic republicans usually take domination to be subjection to an arbitrary power to interfere with choice. But when faced with labour disputes over what choices it is normal for workers to make for themselves, these accounts of domination struggle to determine whether employers possess the power to interfere. I propose an alternative capabilitarian conception of domination as the arbitrary power to determine access to capabilities necessary for relationships of equality between citizens. This approach allows us to diagnose domination in the workplace and the labour market but does not capture unfreedom arising from the wider socio-structural position of workers. Thus, I supplement this capabilitarian account of the domination of workers with a structural account of dominating power, which reveals a richer set of conditions under which employers dominate workers.

Socialist republicans advocate public ownership and control of the means of production in order to achieve the republican goal of a society without endemic domination. While civic republicanism is often attacked for its conservatism, the relatively neglected radical history of the tradition shows how a republican form of socialism provides powerful conceptual resources to critique capitalism for leaving workers and citizens dominated. This analysis supports a programme of public ownership and economic democracy intended to reduce domination in the workplace and wider society. I defend this socialist republicanism from both the Marxist objection that it overlooks the impersonal nature of domination under capitalism and the left-liberal objections that property-owning democracy or worker codetermination are sufficient to suppress dominating relationships. The resulting position identifies the need for more ambitious institutional grounds for republican liberty than is often supposed, while offering us a distinctive emancipatory justification for socialism.

Economic liberty is best understood in opposition to economic domination. This article develops a radical republican conception of such domination. In particular, I argue that radical republicanism provides a more satisfactory account of individual economic freedom than the market-friendly liberties of working, transacting, holding, and using championed by Nickel and Tomasi. So too, it avoids the pitfalls of other conceptions of economic liberty which emphasize real freedom, alternatives to immiserating work, or unalienated labor. The resulting theory holds that economic domination occurs when someone’s access to civic capabilities is contingent on the arbitrary economic power of others. Socialist institutions—suitably configured—can deliver on this individual economic freedom, allowing the dominating power of proprietors, shareholders, landlords, and managers to be kept in check, and providing an unconditional minimum that allows individual citizens to be less beholden to others in meeting many of their most fundamental civic needs. Thus, I conclude that socialism can be championed as a politics of individual economic liberty.

Harrison Frye claims that socialist republicanism may be unable to reduce domination due to efficiency costs and accountability deficits imposed by public ownership. I argue that the empirical and theoretical grounds for expecting such a decline in economic efficiency are weak. Moreover, the egalitarian distributive effects of public ownership are likely to be more important for insulating people from domination. So too, workers, consumers, and citizens are not well-protected from domination by the accountability of managers to profit-seeking shareholders. I conclude that the investor-owned firm will do far more to exacerbate dominating power than to constrain it.

I develop a socialist republican conception of economic liberty and show how it can be used to understand the domination of workers. It holds that both paid and unpaid workers can be deprived of economic freedom when they are exposed to an arbitrary power to undermine their access to the economic capabilities needed for civic equality. Measures intended to reduce domination are recommended, including public ownership of productive property, workplace democracy, and robust unconditional basic income and services. Finally, I discuss the implications of this approach for platform capitalism, digital surveillance, the rise of automation, and post-work politics.

. John Cottingham suggests that “only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives.” Two main reasons for endorsing this proposition are assessed: the religious origins of conscience, and the need to explain its normative authority. I argue that Graeco-Roman conceptions of conscience cast doubt on this first historical claim, and that secular moral realisms can account for the obligatoriness of conscience. Nevertheless, the recognition of the need for an objective foundation for conscience which emerges from these debates should be embraced by both secular and religious ethicists alike.

This article argues that political injustices can arise from the distribution and character of our sexual desires and that we can be held responsible for correcting these injustices. It draws on a conception of structural injustice to diagnose unjust patterns of sexual attraction, which are taken to arise when socio-structural processes shaping the formation of sexual desire compound systemic domination and capacity-deprivation for the occupants of a social position. Individualistic and structural solutions to the problem of unjust patterns of sexual attraction are assessed in the context of racialised sexual aversion, racial fetishism, and the desexualisation of people with disabilities. While both forms of intervention can help in principle, some of the advantages of structural approaches are laid out. A schema for assigning political responsibilities for addressing this injustice is proposed, with some limits identified to the kinds of state and social responses that are justified. Finally, the status of the merely aesthetically unappealing is considered, with a relational egalitarian approach concluding that they are subject to structurally unjust patterns of sexual desire only when exposed to oppression or second-class citizenship as a result.

This chapter provides an outline of consent in the history of medical ethics. In doing so, it ranges over attitudes towards consent in medicine in ancient Greece, medieval Europe and the Middle East, as well as the history of Western law and medical ethics from the early modern period onwards. It considers the relationship between consent and both the disclosure of information to patients and the need to indemnify physicians, while attempting to avoid an anachronistic projection of concern with patient autonomy too far back into the historical record. The chapter also includes a survey of the development of the social and intellectual infrastructure that underpins modern medical consent. It concludes with a brief discussion of possible future directions for ethical approaches to medical consent and competence that would depart from the models that arose in the twentieth-century.