For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external 'pressures'.
By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.
Nietzsche is a central figure in our modern understanding of the individual as freely determining his or her own values. These essays by leading Nietzsche scholars investigate what this freedom really means: How free are we really? What does it take to be free? It might be a 'right', but it also needs to be earned.
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.
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.
This book is about the relationship between different concepts of freedom and happiness. The book's authors distinguish three concepts for which an empirical measure exists: opportunity to choose (negative freedom), capability to choose (positive freedom), and autonomy to choose (autonomy freedom). They also provide a comprehensive account of the relationship between freedom and well-being by comparing channels through which freedoms affect quality of life. The book also explores whether the different conceptions of freedom complement or replace each other in the determination of the level of well-being. In so doing, the authors make freedoms a tool for policy making and are able to say which conception is the most effective for well-being, as circumstances change. The results have implications for a justification of a free society: maximizing freedoms is good for its favorable consequences upon individual well-being, a fundamental value for the judgment of human advantage.
Local Autonomy as a Human Right contends that local communities struggle to preserve their territorial autonomy over time despite changes to the broader political and geographic contexts within which they are embedded. Forrest argues that this both reflects and is evidence of a worldwide embrace of local control as a key political and social value, indeed, of such importance that it should be embraced and codified as a human right. This study weaves together evidence grounded in a variety of disciplines - history, geography, comparative politics, sociology, public policy, anthropology, international jurisprudence, rural studies, urban studies -- to make clear that a presumed, inherent moral right to local self-determination has been manifested in many different historical and social contexts. This book constructs a compelling argument favoring a human right to local autonomy. It identifies practical factors that help to account for the relative success of communities that are able to assert local control over time. Here, particular attention is paid to whether localities are able to generate policy and organizational capacity. Forrest suggests that a focus on local policy and organizational capacity can help to explain why some communities attempting to assert greater local control are more successful than others. Local Autonomy as a Human Right contributes to scholarly debates regarding the varied impacts of globalization, with the place-based perspective and moral emphasis on territorial-centered rights put forth herein offering a necessary counter-narrative to the often-presumed predominance of global forces.
The concept of personal autonomy is central to discussions about democratic rights, personal freedom and individualism in the marketplace. This book, first published in 1986, discusses the concept of personal autonomy in all its facets. It charts historically the discussion of the concept by political thinkers and relates the concept of the autonomy of the individual to the related discussion in political thought about the autonomy of states. It argues that defining personal autonomy as freedom to act without external constraints is too narrow and emphasises instead that personal autonomy implies individual self-determination in accordance with a chosen plan of life. It discusses the nature of personal autonomy and explores the circumstances in which it ought to be restricted. In particular, it argues the need to restrict the economic autonomy of the individual in order to promote the value of community.
Moral and political theorists who espouse Egalitarianism and Marxism tend to assume that it is extremely hard, if not impossible, to put forward an original and plausible moral justification of classical liberalism. Professor Spector is concerned to build just such a justification. He reconstructs and then criticizes a familiar approach to the moral foundations of classical liberalism which rests on the maximization of negative freedom, and then frames an alternative theory centered in the obligation to protect positive freedom. In doing so he parts company not only with utilitarianism and contractarianism, but also with the theory of natural rights. Among the topics he discusses are the concepts of negative and positive freedom, the notion of a moral right, the connection between positive freedom and personal autonomy, the axiological uniqueness of each human being, and the agent-relativity of moral reasons.
‘Freedom’ is one of the most fiercely contested words in contemporary global experience. This book provides an up-to-date overview from an anthropological perspective of the diverse ways in which freedom is understood and practised in everyday life, including the emergent relationships between governance, autonomy and liberty. The contributors offer a wealth of ethnographic insight from a variety of geographic, cultural and political contexts. Taken together the essays constitute a radical challenge to assumptions about what freedom means in today’s world.
