Positive Freedom and the Law


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.




Positive Freedom


Book Description

Freedom is widely regarded as a basic social and political value that is deeply connected to the ideals of democracy, equality, liberation, and social recognition. Many insist that freedom must include conditions that go beyond simple "negative" liberty understood as the absence of constraints; only if freedom includes other conditions such as the capability to act, mental and physical control of oneself, and social recognition by others will it deserve its place in the pantheon of basic social values. Positive Freedom is the first volume to examine the idea of positive liberty in detail and from multiple perspectives. With contributions from leading scholars in ethics and political theory, this collection includes both historical studies of the idea of positive freedom and discussions of its connection to important contemporary issues in social and political philosophy.




The Oxford Handbook of Freedom of Speech


Book Description

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.




Hegel: A Very Short Introduction


Book Description

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.




Rethinking Positive and Negative Liberty


Book Description

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.




Freedom and Its Betrayal


Book Description

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.




Protecting the right to freedom of expression under the European Convention on Human Rights


Book Description

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.




Hegel on Philosophy in History


Book Description

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




Democracy of Expression


Book Description

Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.




Origins of Democracy in Ancient Greece


Book Description

"A balanced, high-quality analysis of the developing nature of Athenian political society and its relationship to 'democracy' as a timeless concept."—Mark Munn, author of The School of History