Force and Freedom
Force and Freedom

Author: Arthur Ripstein

Publisher: Harvard University Press

Published: 2010-02-15

Total Pages: 416

ISBN-13: 0674054512

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In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Freedom's Law
Freedom's Law

Author: Ronald Dworkin

Publisher: OUP Oxford

Published: 1999

Total Pages: 438

ISBN-13: 0198265573

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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.

Law, Love and Freedom
Law, Love and Freedom

Author: Joshua Neoh

Publisher: Cambridge University Press

Published: 2019-07-04

Total Pages: 221

ISBN-13: 1108427650

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Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.

Law and the Conditions of Freedom in the Nineteenth-century United States
Law and the Conditions of Freedom in the Nineteenth-century United States

Author: James Willard Hurst

Publisher: Univ of Wisconsin Press

Published: 1956

Total Pages: 156

ISBN-13: 9780299013639

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In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States--how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

The Law and Ethics of Freedom of Thought, Volume 1
The Law and Ethics of Freedom of Thought, Volume 1

Author: Marc Jonathan Blitz

Publisher: Springer Nature

Published: 2021-12-06

Total Pages: 317

ISBN-13: 3030844943

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Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.

Freedom's Progress?
Freedom's Progress?

Author: Gerard Casey

Publisher: Andrews UK Limited

Published: 2021-10-04

Total Pages: 969

ISBN-13: 1845409604

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In Freedom's Progress?, Gerard Casey argues that the progress of freedom has largely consisted in an intermittent and imperfect transition from tribalism to individualism, from the primacy of the collective to the fragile centrality of the individual person and of freedom. Such a transition is, he argues, neither automatic nor complete, nor are relapses to tribalism impossible. The reason for the fragility of freedom is simple: the importance of individual freedom is simply not obvious to everyone. Most people want security in this world, not liberty. 'Libertarians,' writes Max Eastman, 'used to tell us that "the love of freedom is the strongest of political motives," but recent events have taught us the extravagance of this opinion. The "herd-instinct" and the yearning for paternal authority are often as strong. Indeed the tendency of men to gang up under a leader and submit to his will is of all political traits the best attested by history.' The charm of the collective exercises a perennial magnetic attraction for the human spirit. In the 20th century, Fascism, Bolshevism and National Socialism were, Casey argues, each of them a return to tribalism in one form or another and many aspects of our current Western welfare states continue to embody tribalist impulses. Thinkers you would expect to feature in a history of political thought feature in this book - Plato, Aristotle, Machiavelli, Locke, Mill and Marx - but you will also find thinkers treated in Freedom's Progress? who don't usually show up in standard accounts - Johannes Althusius, Immanuel Kant, William Godwin, Max Stirner, Joseph Proudhon, Mikhail Bakunin, Pyotr Kropotkin, Josiah Warren, Benjamin Tucker and Auberon Herbert. Freedom's Progress? also contains discussions of the broader social and cultural contexts in which politics takes its place, with chapters on slavery, Christianity, the universities, cities, Feudalism, law, kingship, the Reformation, the English Revolution and what Casey calls Twentieth Century Tribalisms - Bolshevism, Fascism and National Socialism and an extensive chapter on human prehistory.

What Is Freedom?
What Is Freedom?

Author: Toby Buckle

Publisher: Oxford University Press

Published: 2021

Total Pages: 233

ISBN-13: 0197572219

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This book presents a unique collection of interviews on the meaning of freedom in the modern world. Drawing on the expertise of the world's leading historians, philosophers, and most influential activist it takes up the question of our highest ideal from a diverse and exciting range of perspectives.

Freedom of Religion. A Comparative Law Perspective
Freedom of Religion. A Comparative Law Perspective

Author: Grzegorz Blicharz

Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości

Published: 2019

Total Pages: 226

ISBN-13: 8366344142

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Freedom of Religion. A Comparative Law Perspective consists of five chapters, looking at freedom of religion, particularly the display of religious symbols, in Poland, Italy, Hungary, and the United States. It provides a concise and very insightful look into the legal regimes of four nations, allowing reader to get a solid comparative view of public religious displays in these countries. Each chapter has sufficient depth and overall this edited volume will be a useful resource to scholars and jurists in this area. Dr. James C. Phillips, Stanford University’s Constitutional Law Center The presented volume leads to an in-depth reflection on the issue of the display of religious symbols in the public sphere, which is widely discussed today. Most of the articles prove that secularism of the contemporary state ruled by law targets Christian symbolism (cross, cradle, the Decalogue). Christian religious symbols shall always be inscribed in the temporal order, otherwise they have no chance to be displayed in the public sphere. In this way, the rights of Catholic believers, as one of the dominant religious groups, are restricted in the name of the protection of religious and areligious minorities. As a result, the aim is to bring about the actual equality of all religions and – ultimately – the final removal of the Christian tradition from Western culture. Against this background, Polish (as well as Hungarian and Italian) judicial decisions present a different approach, which – as the authors of the volume prove – presents a position in favour of the presence of religious symbolism in the public sphere. The multifaceted evaluation of the inconsistency, casuistry and nuance of the jurisprudence of the US Supreme Court is extremely creative and interesting. It allows to conclude that the jurisprudence of the US Supreme Court, which usually limits the presence of religious symbols in the public forum, has not yet become universally binding. The pluralism of philosophical and religious attitudes still constitutes the axiological core of American democracy. Prof. dr hab. Andrzej Dziadzio, Jagiellonian University in Kraków