Positive Freedom and the Law

Positive Freedom and the Law
Author: Kim Treiger-Bar-Am
Publisher: Routledge
Total Pages: 217
Release: 2019-07-25
Genre: Law
ISBN: 1000008029

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.

Positive Freedom

Positive Freedom
Author: John Christman
Publisher: Cambridge University Press
Total Pages: 287
Release: 2021-09-16
Genre: Philosophy
ISBN: 1108487904

This is the first volume to treat the idea of positive freedom in detail and from multiple perspectives.

Positive Free Speech

Positive Free Speech
Author: Andrew T Kenyon
Publisher: Bloomsbury Publishing
Total Pages: 213
Release: 2020-05-28
Genre: Law
ISBN: 1509908293

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.

Freedom and Its Betrayal

Freedom and Its Betrayal
Author: Isaiah Berlin
Publisher: Princeton University Press
Total Pages: 204
Release: 2003-02-16
Genre: Philosophy
ISBN: 9780691114996

Isaiah Berlin's celebrated radio lectures on six formative anti-liberal thinkers were broadcast by the BBC in 1952. They are published here for the first time, fifty years later. They comprise one of Berlin's earliest and most convincing expositions of his views on human freedom and on the history of ideas--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. Working with BBC transcripts and Berlin's annotated drafts, Henry Hardy has recreated these lectures, which consolidated the forty-three-year-old Berlin's growing reputation as a man who could speak about intellectual matters in an accessible and involving way. In his lucid examination of sometimes complex ideas, Berlin demonstrates that a balanced understanding and a resilient defense of human liberty depend on learning both from the errors of freedom's alleged defenders and from the dark insights of its avowed antagonists. This book throws light on the early development of Berlin's most influential ideas and supplements his already published writings with fuller treatments of Helvétius, Rousseau, Fichte, Hegel, and Saint-Simon, with the ultra-conservative Maistre bringing up the rear. These thinkers gave to freedom a new dimension of power--power that, Berlin argues, has historically brought about less, not more, individual liberty. These lectures show Berlin at his liveliest and most torrentially spontaneous, testifying to his talents as a teacher of rare brilliance and impact. Listeners tuned in expectantly each week to the hour-long broadcasts and found themselves mesmerized by Berlin's astonishingly fluent extempore style. One listener, a leading historian of ideas who was then a schoolboy, was to recount that the lectures "excited me so much that I sat, for every talk, on the floor beside the wireless, taking notes." This excitement is at last recreated here for all to share.

The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech
Author: Adrienne Stone
Publisher: Oxford University Press, USA
Total Pages: 609
Release: 2021-01-14
Genre: Law
ISBN: 019882758X

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.

Rethinking Positive and Negative Liberty

Rethinking Positive and Negative Liberty
Author: Maria Dimova-Cookson
Publisher: Routledge
Total Pages: 271
Release: 2019-09-04
Genre: Political Science
ISBN: 0429766203

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.

Hegel: A Very Short Introduction

Hegel: A Very Short Introduction
Author: Peter Singer
Publisher: OUP Oxford
Total Pages: 160
Release: 2001-08-23
Genre: Philosophy
ISBN: 0191604410

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.

The Subject of Liberty

The Subject of Liberty
Author: Nancy J. Hirschmann
Publisher: Princeton University Press
Total Pages: 311
Release: 2009-01-10
Genre: Political Science
ISBN: 1400825369

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.

Hegel on Philosophy in History

Hegel on Philosophy in History
Author: Rachel Zuckert
Publisher: Cambridge University Press
Total Pages: 275
Release: 2017-01-26
Genre: History
ISBN: 1107093414

This book investigates Hegel's historical conception of philosophy: as built upon and reviving prior views, and as speaking to its historical context.