Download or read book Positive Freedom and the Law written by Kim Treiger-Bar-Am and published by Routledge. This book was released on 2019-07-25 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors – including so-called users – are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers – including those whose interpretation of Jewish law differs from that adopted by the authorities – are respected.
Download or read book The Oxford Handbook of Freedom written by David Schmidtz and published by Oxford University Press. This book was released on 2018-02-01 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: We speak of being 'free' to speak our minds, free to go to college, free to move about; we can be cancer-free, debt-free, worry-free, or free from doubt. The concept of freedom (and relatedly the notion of liberty) is ubiquitous but not everyone agrees what the term means, and the philosophical analysis of freedom that has grown over the last two decades has revealed it to be a complex notion whose meaning is dependent on the context. The Oxford Handbook of Freedom will crystallize this work and craft the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists, in order to reflect the breadth of the topic. This handbook covers both current scholarship as well as historical trends, with an overall eye to how current ideas on freedom developed. The volume is divided into six sections: conceptual frames (framing the overall debates about freedom), historical frames (freedom in key historical periods, from the ancients onward), institutional frames (freedom and the law), cultural frames (mutual expectations on our 'right' to be free), economic frames (freedom and the market), and lastly psychological frames (free will in philosophy and psychology).
Download or read book Two Concepts of Liberty written by Isaiah Berlin and published by . This book was released on 1966 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Positive Freedom written by John Christman and published by Cambridge University Press. This book was released on 2021-09-16 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume to treat the idea of positive freedom in detail and from multiple perspectives.
Download or read book Freedom and Its Betrayal written by Isaiah Berlin and published by Princeton University Press. This book was released on 2014-05-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: These celebrated lectures constitute one of Isaiah Berlin's most concise, accessible, and convincing presentations of his views on human freedom—views that later found expression in such famous works as "Two Concepts of Liberty" and were at the heart of his lifelong work on the Enlightenment and its critics. When they were broadcast on BBC radio in 1952, the lectures created a sensation and confirmed Berlin’s reputation as an intellectual who could speak to the public in an appealing and compelling way. A recording of only one of the lectures has survived, but Henry Hardy has recreated them all here from BBC transcripts and Berlin’s annotated drafts. Hardy has also added, as an appendix to this new edition, a revealing text of "Two Concepts" based on Berlin’s earliest surviving drafts, which throws light on some of the issues raised by the essay. And, in a new foreword, historian Enrique Krauze traces the origin of Berlin’s idea of negative freedom to his rejection of the notion that the creation of the State of Israel left Jews with only two choices: to emigrate to Israel or to renounce Jewish identity.
Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Download or read book Liberation and Liberal Freedom written by Kathy Shook McCallie and published by . This book was released on 2006 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Positive Free Speech written by Andrew T Kenyon and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complicating Freedom : Investigating Positive Free Speech / Andrew T Kenyon -- Providing a Platform for Speech : Possible Duties and Responsibilities / -- Thomas Gibbons -- Positive Protection for Speech and Substantive Political Equality / Jacob Rowbottom -- The Access to Information Dimension of Positive Free Speech / Andrew Scott and Abbey Burke -- Promoting Civic Discourse : A Form of Positive Free Speech under the Constitution of Ireland? / Eoin Carolan -- Th e State of Affairs of Freedom : Implications of German Broadcasting Freedom / Andrew T Kenyon -- The Collective Speech Rights of Minorities / Sally Broughton Micova -- The Positive Right to Freedom of Expression and Party Anonymity in Legal Proceedings / Merris Amos -- Positive Free Speech and Public Access to Courts / Judith Townend -- Hiding the Truth in the Shadow of the Law? : Addressing the Misuse of Confidentiality Clauses in Public Authority Contracts / Andrew Scott -- Speaking and Governing through Freedom of Access to Environmental -- Information / Mélanie Dulong de Rosnay and Laura Maxim.
Download or read book The Oxford Handbook of Freedom of Speech written by Adrienne Stone and published by Oxford University Press, USA. This book was released on 2021-01-14 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
Download or read book The Oxford Handbook of Political Philosophy written by David Estlund and published by Oxford University Press, USA. This book was released on 2012-07-19 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume includes 22 new pieces by leading political philosophers, on traditional issues (such as authority and equality) and emerging issues (such as race, and money in politics). The pieces are clear and accessible will interest both students and scholars working in philosophy, political science, law, economics, and more.
Download or read book The Subject of Liberty written by Nancy J. Hirschmann and published by Princeton University Press. This book was released on 2009-01-10 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconsiders the dominant Western understandings of freedom through the lens of women's real-life experiences of domestic violence, welfare, and Islamic veiling. Nancy Hirschmann argues that the typical approach to freedom found in political philosophy severely reduces the concept's complexity, which is more fully revealed by taking such practical issues into account. Hirschmann begins by arguing that the dominant Western understanding of freedom does not provide a conceptual vocabulary for accurately characterizing women's experiences. Often, free choice is assumed when women are in fact coerced--as when a battered woman who stays with her abuser out of fear or economic necessity is said to make this choice because it must not be so bad--and coercion is assumed when free choices are made--such as when Westerners assume that all veiled women are oppressed, even though many Islamic women view veiling as an important symbol of cultural identity. Understanding the contexts in which choices arise and are made is central to understanding that freedom is socially constructed through systems of power such as patriarchy, capitalism, and race privilege. Social norms, practices, and language set the conditions within which choices are made, determine what options are available, and shape our individual subjectivity, desires, and self-understandings. Attending to the ways in which contexts construct us as "subjects" of liberty, Hirschmann argues, provides a firmer empirical and theoretical footing for understanding what freedom means and entails politically, intellectually, and socially.
Download or read book Hegel A Very Short Introduction written by Peter Singer and published by OUP Oxford. This book was released on 2001-08-23 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people regard Hegel's work as obscure and extremely difficult, yet his importance and influence are universally acknowledged. Professor Singer eliminates any excuse for remaining ignorant of the outlines of Hegel's philosophy by providing a broad discussion of his ideas and an account of his major works. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book Legal Reductionism and Freedom written by Martin V.B.P.M. van Hees and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology. The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy. The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.
Download or read book Positive Free Speech written by Andrew T Kenyon and published by Hart Publishing. This book was released on 2021-11-25 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of expression is generally analysed as a bare liberty against restraint by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of jurisdictions evince enhanced legal recognition for the principle. The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers and communications researchers
Download or read book Legislative Intent and Other Essays on Law Politics and Morality written by Gerald Cushing MacCallum and published by Univ of Wisconsin Press. This book was released on 1993 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last years of his life, Gerald C. MacCallum, Jr. defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum's effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: "Legislative Intent", certainly one of the best papers published on its topic, and "Negative and Positive Freedom", which offered a new way of looking at a distinction that had been canonical for the last two centuries. To complete MacCallum's unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum's notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He became interested in the relations between competition and morality and between justice and adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding and in his life and work lived up to Emerson's vision of the "American Scholar" as "Man Thinking". These essays are informed by the author's deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured.
Download or read book The Sacred Fire of Liberty written by M. Sellers and published by Palgrave Macmillan. This book was released on 1998-09-14 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.
Download or read book Rethinking Positive and Negative Liberty written by Maria Dimova-Cookson and published by Routledge. This book was released on 2019-09-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the distinction between positive and negative freedom remains highly pertinent today, despite having fallen out of fashion in the late twentieth century. It proposes a new reading of this distinction for the twenty-first century, building on the work of Constant, Green and Berlin who led the historical development of these ideas. The author defends the idea that freedom is a dynamic interaction between two inseparable, yet sometimes fundamentally, opposed positive and negative concepts – the yin and yang of freedom. Positive freedom is achieved when one succeeds in doing what is right, while negative freedom is achieved when one is able to advance one’s wellbeing. In an environment of culture wars, resurging populism and challenge to progressive liberal values, recognising the duality of freedom can help us better understand the political dilemmas we face and point the way forward. The book analyses the duality of freedom in more philosophical depth than previous studies and places it within the context of both historical and contemporary political thinking. It will be of interest to students and scholars of liberalism and political theory.
