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Author: Kim Treiger-Bar-Am Publisher: Routledge ISBN: 1000008029 Category : Law Languages : en Pages : 217
Book Description
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.
Author: Kim Treiger-Bar-Am Publisher: Routledge ISBN: 1000008029 Category : Law Languages : en Pages : 217
Book Description
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.
Author: Ronald Dworkin Publisher: OUP Oxford ISBN: 0198265573 Category : Law Languages : en Pages : 438
Book Description
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.
Author: Lawrence M. Mead Publisher: Encounter Books ISBN: 1641770414 Category : Political Science Languages : en Pages : 361
Book Description
Burdens of Freedom presents a new and radical interpretation of America and its challenges. The United States is an individualist society where most people seek to realize personal goals and values out in the world. This unusual, inner-driven culture was the chief reason why first Europe, then Britain, and finally America came to lead the world. But today, our deepest problems derive from groups and nations that reflect the more passive, deferential temperament of the non-West. The long-term poor and many immigrants have difficulties assimilating in America mainly because they are less inner-driven than the norm. Abroad, the United States faces challenges from Asia, which is collective-minded, and also from many poorly-governed countries in the developing world. The chief threat to American leadership is no longer foreign rivals like China but the decay of individualism within our own society. The great divide is between the individualist West, for which life is a project, and the rest of the world, in which most people seek to survive rather than achieve. This difference, although clear in research on world cultures, has been ignored in virtually all previous scholarship on American power and public policy, both at home and abroad. Burdens of Freedom is the first book to recognize that difference. It casts new light on America's greatest struggles. It re-evaluates the entire Western tradition, which took individualism for granted. How to respond to cultural difference is the greatest test of our times.
Author: Andrew T Kenyon Publisher: Bloomsbury Publishing ISBN: 1509908293 Category : Law Languages : en Pages : 213
Book Description
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.
Author: Adrienne Stone Publisher: Oxford University Press ISBN: 0192562622 Category : Law Languages : en Pages : 704
Book Description
Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It 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. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
Author: M. Sellers Publisher: Springer ISBN: 0230371817 Category : Philosophy Languages : en Pages : 206
Book Description
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.
Author: Isaiah Berlin Publisher: Princeton University Press ISBN: 1400851432 Category : Philosophy Languages : en Pages : 337
Book Description
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.
Author: Ben Wempe Publisher: Andrews UK Limited ISBN: 1845405897 Category : Philosophy Languages : en Pages : 251
Book Description
In this new and entirely revised edition of his study of Green's theory of positive freedom, Ben Wempe argues that the far-reaching and beneficial influence of Green's political doctrine, on public policy as well as in the field of political theory, was founded on a misinterpretation of his philosophical stand, since the metaphysical basis on which Green argued for his political position was largely neglected. The book discusses Green's philosophical development and examines an important, hitherto underrated, influence that went into the formation of his philosophical opinions. It then considers Green's metaphysics and describes how some omissions from the concise version of his metaphysical doctrine, as it is found in his published works, may be remedied by reference to Green's unpublished material.
Author: Kim Treiger-Bar-Am
Author: Kim Treiger-Bar-Am
Author: Isaiah Berlin
Author: John Christman
Author: Ronald Dworkin
Author: Lawrence M. Mead
Author: Andrew T Kenyon
Author: Adrienne Stone
Author: M. Sellers
Author: Isaiah Berlin
Author: Ben Wempe