The consequences of restricting or not restricting the right to freedom of assembly are potentially magnified in transitional societies. Yet determining whether such consequences are indeed ‘harmful’, and whether their cost should be borne despite the harms caused, requires the elaboration of criteria which define what are valid and relevant harms. While a human rights framework can perform this task, open-textured rights standards prescribe neither the threshold of legal intervention nor the goals of transition. By extension, the rule (...) of law—underpinned by this rights discourse—is silent about whether liberal or communitarian ideals should inform the reconstruction of public space in conflicted or nascent democracies. Illustrated by analysis of legal interventions in parade disputes in Northern Ireland, this article argues that the rule of law is necessarily orientated by ethical consensus about its scope. Furthermore, this consensus operates as a restraint upon the degree of normative discontinuity permitted during transitional compromises. The article frames the ethical options in terms of three liberty-limiting principles—the argument from democracy, the argument for toleration, and the argument for recognition. Each suggests different parameters for the transitional project and for the role of law within it. (shrink)

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing (...) in general, is determined by the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

The article analyses enforcement of freedom of assembly, draws attention to faults of legal regulation of dispute settlement, and revises a possibility of restriction of freedom of assembly. The authors provide evidence that restriction of freedom of assembly by refusing to grant permission to hold a peaceful assembly, is not an effective measure, therefore, it is suggested to educate the public on legal issues in order to enlighten the society about detrimental effect of (...) publicly expressed ideas that provoke national or racial discord, to disclose actual intentions of people who instigate aggression, force and violence so that they do not attract and rally a sufficiently large part of the public. People usually believe that the society enjoys freedom of knowledge and the right to obtain all information, as well as all news that originate and spread across the market, as it creates a pre-requisite for strengthening the best and most useful culture projects resulting in the development of culture and, alongside, the law. (shrink)

Roughly three years after the creation of his mandate, United Nations Special Rapporteur Maina Kiai reflects on the global state of assembly and association rights. Although the mandate was created against the backdrop of shrinking space for civil society, a massive and growing global protest movement has grabbed most of the headlines since 2011. Kiai argues that the mandate has made a measurable impact – it has helped raise awareness of repressive NGO laws, provided technical assistance to governments to (...) strengthen assembly and association rights and developed soft law. But perhaps, the most important work of the mandate has been its contribution to a better understanding of just how important the rights to freedom of peaceful assembly and association are. Assembly and association rights are a powerful tool to promote dialog, pluralism, broadmindedness, tolerance and civic participation; they satisfy people's fundamental desire to take control of their own destinies. And if anything, the past few years have taught us that the worst turmoil comes when this desire is suppressed. When people are denied something so fundamental, rage inevitably follows. When people have no outlet for that rage, it can ultimately manifest itself as something much more chaotic than a street protest. (shrink)

This paper adopts Deleuze’s reading of Spinoza’s expressionism and pure semiotics to argue that Spinoza’s Ethics offers an alternative notion of freedom of speech that is based on the potentia of the individual. Its aim is to show how freedom of thought is connected to the problem of individuation that connects our mode of being with our power to speak and think. Rather than treating freedom of speech as an enlightened idea that is in opposition to, for (...) example, religious authority, or the suppression of human rights, this paper argues that freedom of speech should be understood by what Spinoza calls ‘an adequate idea’: an idea that explains the cause of its own production. What is to be considered is: who wants this freedom, in what situation, why, what is at stake? No freedom in itself is ever given. This paper argues for speech as an assembled body that is always in connection with other bodies. It is argued that to understand the power and value of the freedom of speech, we should study the praxis of the utterance as an assembled body, its causal dimensions, and its affective immanent relations with other bodies, and other modes of speaking. (shrink)

Freedom of association holds an uneasy place in the pantheon of liberal freedoms. Whereas freedom of association and the abundant plurality of groups that accompany it have been embraced by modern and contemporary liberals, this was not always the case. Unlike more canonical freedoms of speech, press, property, petition, assembly, and religious conscience, the freedom of association was rarely extolled by classical liberal thinkers in the seventeenth and eighteenth centuries. Indeed Thomas Hobbes, David Hume, Adam Smith, (...) and others seem to have regarded freedom of association with some trepidation because of the violent, irrational, and factional behavior of groups. This chapter illuminates these anti-associational assumptions in the writings of James Madison. Although Madison famously deplored political associations as sources of faction and civil dissension, he differed from other members of the Founding generation in his willingness to defend associational freedom. Madison's writings also shed light on the unenumerated status of the freedom of association in American constitutional law. (shrink)

Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; and (...) association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from ‘war’ but from different kinds of social pressure or ‘violence’ exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it – or even not to think for themselves – under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

A venerable tradition in the metaphysics of science commends ontological reduction: the practice of analysis of theoretical entities into further and further proper parts, with the understanding that the original entity is nothing but the sum of these. This tradition implicitly subscribes to the principle that all the real action of the universe (also referred to as its "causation") happens at the smallest scales-at the scale of microphysics. A vast majority of metaphysicians and philosophers of science, covering a wide swath (...) of the spectrum from reductionists to emergentists, defend this principle. It provides one pillar of the most prominent theory of science, to the effect that the sciences are organized in a hierarchy, according to the scales of measurement occupied by the phenomena they study. On this view, the fundamentality of a science is reckoned inversely to its position on that scale. This venerable tradition has been justly and vigorously countered-in physics, most notably: it is countered in quantum theory, in theories of radiation and superconduction, and most spectacularly in renormalization theories of the structure of matter. But these counters-and the profound revisions they prompt-lie just below the philosophical radar. This book illuminates these counters to the tradition principle, in order to assemble them in support of a vaster (and at its core Aristotelian) philosophical vision of sciences that are not organized within a hierarchy. In so doing, the book articulates the principle that the universe is active at absolutely all scales of measurement. This vision, as the book shows, is warranted by philosophical treatment of cardinal issues in the philosophy of science: fundamentality, causation, scientific innovation, dependence and independence, and the proprieties of explanation. (shrink)

The idea of a constitutional freedom of association was embraced by the U.S. Supreme Court in the mid-twentieth century as implicit in the First Amendment. Although initially endorsed by the Court as a fundamental freedom that was necessarily entwined with the freedom of speech when confronted with cases in the 1930s and 1940s of local government officials cracking down on speakers and assemblies discussing strikes and labor unions, the justices were far more divided and skeptical of (...) class='Hi'>freedom of association claims in cases from the mid-1940s through the early 1960s when state and national government officials were pursuing a variety of anticommunist measures. This article examines the early jurisprudential development of the constitutional freedom of association and its grounding in the First Amendment, and suggests some of the limits that the notion always carried with it. Politics and jurisprudence combined to limit its applicability in the anticommunism cases. (shrink)

According to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, (...) they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech. (shrink)

The word “freedom” is so overly used—and frequently abused—that it is always in danger of becoming nothing but a cliché. In _Another Freedom_, Svetlana Boym offers us a refreshing new portrait of the age-old concept. Exploring the rich cross-cultural history of the idea of freedom, from its origins in ancient Greece to the present day, she argues that our attempts to imagine freedom should occupy the space of not only “what is” but also “what if.” Beginning with (...) notions of sacrifice and the emergence of a public sphere for politics and art, Boym expands her account to include the relationships between freedom and liberation, modernity and terror, and political dissent and creative estrangement. While depicting a world of differences, she affirms lasting solidarities based on the commitment to the passionate thinking that reflections on freedom require. To do so, Boym assembles a remarkable cast of characters: Aeschylus and Euripides, Kafka and Mandelstam, Arendt and Heidegger, and a virtual encounter between Dostoevsky and Marx on the streets of Paris. By offering a fresh look at the strange history of this idea, _Another Freedom_ delivers a nuanced portrait of freedom, one whose repercussions will be felt well into the future. (shrink)

The importance and influence of Karl Rahner’s theology is due in great part to the number of excellent scholars who have elucidated his thinking over the years. This article assembles considerations of Rahner’s idea of freedom as found in the rich secondary literature on Rahner. Rahner’s ethics, and indeed much of his theology, rests upon the idea of discernment, his own spiritual experience, and the Ignatian practice of discernment of spirits. Discipleship with Jesus and the love of neighbor, all (...) undergirded by the person’s free response to God’s grace and revelation, is the horizon that embraces all of what Rahner has to say. The idea of freedom rests at the basis of Rahner’s understanding of the human person, our call to discipleship, and our fundamental choice to grow in God’s grace. (shrink)

Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters Buddhists (...) people by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (shrink)

New Threats to Freedom In the twentieth century, free people faced a number of mortal threats,ranging from despotism, fascism, and communism to the looming menace of global terrorism. While the struggle against some of these overt dangers continues, some insidious new threats seem to have slipped past our intellectual defenses. These often unchallenged threats are quietly eroding our hard-won freedoms and, in some cases, are widely accepted as beneficial. In New Threats to Freedom, editor and author Adam Bellow (...) has assembled an all-star lineup of innovative thinkers to challenge these insidious new threats. Some leap into already raging debates on issues such as Sharia law in the West, the rise of transnationalism, and the regulatory state. Others turn their attention to less obvious threats, such as the dogma of fairness, the failed promises of the blogosphere, and the triumph of behavioral psychology. These threats are very real and very urgent, yet this collection avoids projecting an air of doom and gloom. Rather, it provides a blueprint for intellectual resistance so that modern defenders of liberty may better understand their enemies, more effectively fight to preserve the meaning of freedom, and more surely carry its light to a new generation. What are the new threats to freedom? when has authority not claimed, when imposing trammels and curbs on liberty, that it does so for a wider good and a greater happiness?” —Christopher Hitchens “The regulatory state amounts to a regressive tax that penalizes small independent producers and protects the status quo.” —Max Borders “Europe tends to favor stability over democracy, America democracy over stability.” —Daniel Hannan “The value of free expression is perceived to be at odds with goals that were considered ‘more important,’ like inclusiveness, diversity, nondiscrimination, and tolerance.” —Greg Lukianoff “The masses cannot ultimately be free: only the individual can be.” —Robert D. Kaplan “That old bugbear of postwar sociology—the mob-self—is now a reality. In a participatory/popularity culture, the freedom to think and act for ourselves becomes harder and harder to achieve.” —Lee Siegel “As traditional marriage declines, the ranks of single women are growing, and increasingly these women are substituting the security of a husband with the security of the state.” —Jessica Gavora “Ending the freedom to fail is a mean-spirited attack on the freedom to succeed.” —Michael Goodwin “The only solution to the new threats to American press freedom lies in organized resistance.” —Katherine Mangu-Ward “The new behaviorism isn’t interested in protecting people’s freedom to choose; on the contrary, its core principle is the idea that only by allowing an expert elite to limit choice can individuals learn to break their bad habits.” —Christine Rosen “There’s a world of Travis Bickles out there, and they’re not driving cabs. They’re reading blogs.” —Ron Rosenbaum “The first amendment ensures not that speech will be fair, but that it will be free. It cannot be both.” —David Mamet Join the conversation about these issues at www.newthreatstofreedom.com. (shrink)

The Collected Papers of Bertrand Russell, Volume 15 assembles Russell's writings on his experiences of visiting and reflecting on Russia and China. Having emerged from the Great War determined to prevent another armed conflict, Russell became a champion of international socialism as the antidote to the destructive forces of nationalism and capitalism. His quest for international reconstruction led to two enduring experiences, his trip first to Bolshevik Russia in 1920 and then to divided China in 1920-21. These letters describe those (...) experiences which confirmed his emergence as a popular commentator on contemporary political issues. The volume includes two unpublished papers on Russell's trip to Russia. (shrink)

This essay concerns Constant’s classic text The Liberty of the Ancients Compared with that of the Moderns. Although this is a frequently quoted text, what makes reading it still something of an effort is that it contains a baffling shift from the complete exaltation of modern liberty in its first part to the recognition of the significance of political participation in safeguarding modern liberty in its final part. The text is also replete with additional treasures, including Constant’s famous distinction between (...) the liberty of the ancients and that of the moderns and his turn to the basic human capacity of self-development to support his stubborn insistence on the irreducibility of political participation. With regard to the aforementioned shift in the 1819 text, some have argued that in order to reveal the richness of the text we must be aware that its two parts were written under different historical circumstances. Accepting this claim, I argue that the basic tone of the text is Constant’s attempt to combine modern liberty and political participation and that deciphering the argumentative thrust inherent in the text helps reveal its richness. I focus on the centrality of the representative system, which, I argue, plays an important role in Constant’s endeavour to unify the liberty of the moderns and political liberty throughout the text. To see how he defends both the enjoyment of individual interests and the practice of political liberty, it is necessary to recognize the nature of representative assemblies in Constant’s constitutionalism and to characterize his appeal to self-development as a justification of the practice of political liberty. (shrink)

Inspired by the recovery of natural law and virtue ethics in recent ethical discourse, certain members of the American Maritain Association have written essays to stimulate this recovery further. Their efforts are assembled in this volume, Freedom, Virtue, and the Common Good. Writing under the influence of Jacques Maritain and Yves R. Simon, they herein examine the requirements of a satisfactory natural law and virtue ethics, broadly understood as a moral philosophy giving primacy to character-formation and to the development (...) of individual and social habits necessary to perfect human life. The ethics herein envisioned is one that must first be grounded in a sound philosophy of the human person. (shrink)

I define serendipity as the art of making an unsought finding. And I propose an overview of my collection of serendipities, the largest yet assembled, chiefly in science and technology, but also in art, by giving a list of ‘serendipity patterns’. Although my list of ‘patterns’ is just a list and not a classification, it serves to introduce a new and possibly stimulating perspective on the old subject of serendipity. Knowledge of these ‘serendipity patterns’ might help in expecting also the (...) unexpected and in finding also the unsought. * I acknowledge A. D. de Groot, R. C. M. Noordam, B. P. van Heusden, T. Pinkster, C. J. van den Berg, T. A. F. Kuipers, A. Wegener Sleeswijk and my referee for their suggestions and I dedicate this article to T. A. van Kooten. Cases and studies of serendipidy are welcome. À propos: a travelling serendipity exhibition is available, also for ‘new democracies’: ‘Freedom of opportunity as developed by democracy is the best human reaction to divergent phenomena. We may, in fact, define ‘freedom’ as ‘the opportunity to profit from the unexpected.’ (Langmuir [1956]). (shrink)

Is a Marxist society liable to be an oppressive one? To ask this question is immediately to pose two others: what is meant by Marxism; and what counts as an oppressive society? To take these questions in reverse order, by an oppressive society I shall mean one in which, other things being equal, people do not possess basic civil liberties. Examples of basic civil liberties include, but are not limited to, freedom of religion, freedom of speech, freedom (...) of assembly, and, if the society has a political system, the freedom to participate in that system. An example of what I mean by basic civil liberties is the system of basic liberties discussed by Rawls; the United States Bill of Rights is another example. (shrink)

Political thinkers may differ in their explanations of what the concept "democracy" is all about, but essentially they all bring it down to political participation and institutional arrangements. Any discussion of democracy must therefore include the following: Is the public's voicing of their concerns and freedom of assembly enhanced? Is the public's participation in political procedures and access to channels improved? Is there increased latitude for the public's understanding and choice of political candidates? Is centralized political power in (...) the state decreasing? Is there less control over political information? Are the channels of communication to the public becoming more unimpeded? If the answer to these questions is yes, then these are positive factors that promote democracy; if it is not, then they are negative factors. (shrink)

What responsibilities, if any, do we have towards our genetic offspring, before or after birth and perhaps even before creation, merely by virtue of the genetic link? What claims, if any, arise from the mere genetic parental relation? Should society through its legal arrangements allow 'fatherless' or 'motherless' children to be born, as the current law on medically assisted reproduction involving gamete donation in some legal systems does? Does the possibility of establishing genetic parentage with practical certainty necessitate reform of (...) current legal regimes of parenthood? And what limits, if any, should we set on parental procreative choices in the interests of future children, particularly with regard to genetic engineering and related techniques? These are the questions explored in this book by some of the foremost legal, bioethical and biomedical thinkers. Assembled with a view to assisting the reader to reflect critically on the ongoing social experiment which medically assisted reproduction is today, the essays in this collection highlight what are - and what else might in the nearby future become - possible reproductive options and respond to the difficulties we encounter in assessing these practices and possibilities from our traditional ethical vantage points. Contributions by: Andrew Bainham, Thomas Baldwin, Lisa Bortolotti, John Harris, Martin H. Johnson, Judith Masson, Martin Richards, Alison Shaw, Sally Sheldon, Bonnie Steinbock and Mary Warnock. (shrink)

A wide range of non-pharmaceutical interventions (NPIs) have been introduced to stop or slow down the COVID-19 pandemic. Examples include school closures, environmental cleaning and disinfection, mask mandates, restrictions on freedom of assembly and lockdowns. These NPIs depend on coercion for their effectiveness, either directly or indirectly. A widely held view is that coercive policies need to be publicly justified—justified to each citizen—to be legitimate. Standardly, this is thought to entail that there is a scientific consensus on the (...) factual propositions that are used to support the policies. In this paper, we argue that such a consensus has been lacking on the factual propositions justifying most NPIs. Consequently, they would on the standard view be illegitimate. This is regrettable since there are good reasons for granting the state the legitimate authority to enact NPIs under conditions of uncertainty. The upshot of our argument is that it is impossible to have both the standard interpretation of the permissibility of empirical claims in public justification and an effective pandemic response. We provide an alternative view that allows the state sufficient room for action while precluding the possibility of it acting without empirical support. (shrink)

Article 2: The Republic of Poland shall be a democratic state ruled by law and implementing the principles of social justice....Article 7: The organs of public authority shall function on the basis of, and within the limits of, the law. Constitution of the Republic of Poland, April 2, 1997Chapter 1, Article 1: The Slovak Republic is a democratic and sovereign state ruled by the law. It is bound neither to an ideology, or to a religion. Constitution of Slovakia, September 1, (...) 1991Chapter 1, Article 1: The Czech Republic is a sovereign, unified and democratic law-observing state, based on the respect for the rights and freedoms of the individual and citizen. Constitution of the Czech Republic, December 16, 1992Preamble: We, the members of the Seventh Grand National Assembly, guided by our desire to express the will of the people of Bulgaria...hereby promulgate our resolve to create a democratic, law-governed and social state, by establishing this CONSTITUTION. Constitution of Bulgaria, July 12, 1991. (shrink)

November 9, 2009 will mark 20 years since the fall of the Berlin Wall, the monumental event that signaled the beginning of the end of Communism in the former Soviet Union. Yet, why was this collapse of Communism considered final, but the many failures of capitalism are considered temporary and episodic? In _The Idea of Communism_, Tariq Ali addresses this very question. The idea of Communism, argues Ali, was simple and noble. _The Communist Manifesto_, which advocated the creation of a (...) society based on the principle of “from each according to his ability, to each according to his need” rather than a system based on greed and profit, appealed to millions all over the globe. However, Ali argues that the vision of society adumbrated by the founders of Communism was a far cry from what became known as actually existing socialism in the Soviet Union and China. The Communist system that developed ignored Engels’s belief that a workers’ movement and its victory were inconceivable without freedom of the press and assembly. This freedom, Engels insisted, “is the air it needs to breathe. Here, in a thought-provoking re-evaluation, Ali argues that a new form of socialism and global planning is vital to save the planet from capitalist and environmental degradation. (shrink)

Abstract:Arguments against physicians’ claims of a right to refuse to provide tests or treatments to patients based on conscientious objection often depend on two premises that are rarely made explicit. The first is that the protection of religious liberty (broadly construed) should be limited to freedom of worship, assembly, and belief. The second is that because professions are licensed by the state, any citizen who practices a licensed profession is required to provide all the goods and services determined (...) by the profession to fall within the scope of practice of that professional specialty and permitted by the state, regardless of any personal religious, philosophical, or moral objection. In this article, I argue that these premises ought to be rejected, and therefore the arguments that depend on them ought also to be rejected. The first premise is incompatible with Locke’s conception of tolerance, which recognizes that fundamental, self-identifying beliefs affect public as well as private acts and deserve a broad measure of tolerance. The second premise unduly (and unrealistically) narrows the discretionary space of professional practice to an extent that undermines the contributions professions ought to be permitted to make to the common good. Tolerance for conscientious objection in the public sphere of professional practice should not be unlimited, however, and the article proposes several commonsense, Lockean limits to tolerance for physician claims of conscientious objection. (shrink)

Since the original UN Universal Declaration of Human Rights1 laid out the general principles of human rights, there has been a split between what have been regarded as civil and political rights as opposed to economic, cultural and social rights. It was, in fact, the denial that both could be considered “rights” that prevented them from being included in the same covenant.2 Essentially, the argument for distinguishing the two concerns the nature of freedom. The civil rights to the freedoms (...) of speech, religion, assembly, association, and so on do not specify the content of the speech, the theology of the religion or the purpose of the assembly or association. 3 Freedom in such cases is necessarily value-neutral. In leaving the choice up to the individual, these rights purposefully abstract from the content of this choice. The case is quite different for economic, cultural and social rights. All of these necessarily express values with regard to the forms of our social organization. This is because they move beyond individual choices to consider the purposes or goals of our existence together. Thus, the rights to the cultivation of a cultural identity necessarily impact more than the individuals exercising them. As collective, they affect the society as a whole. The same holds for the UN sponsored rights of a person “to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.”4 For a society to honor these rights involves specific choices with regard to its social content and collective organization. Such choices embody a particular value—in the UN’s words, that of the “social security” of the individual.5 Freedom, here, is freedom for specific social goals. Since these goals are collective, they.. (shrink)

This article examines a recent judgment by the European Court of Human Rights that upheld the complaint of a homosexual woman who alleged that her application for authorization to adopt a child had been refused by domestic French authorities on the grounds of her sexual orientation. I argue that the judgment constitutes an innovative and atypical legal consideration of, and challenge to, the heteronormative social relations of contemporary European societies. After exploring the evidence presented by the applicant, and the Court’s (...) interpretation of it, I argue that in order to reach its judgment it was necessary for the Court to make a significant departure from its established jurisprudence in relation to sexual orientation. An essential element of this involved the adoption of a distinctive critical approach, strongly resonant with aspects of ‘queer theory’, which focused attention on the social, cultural and political construction of normative heterosexuality. Whilst a number of commentators have assessed the importance of the judgment in terms of its evolution of ‘gay rights’ in the area of family life, I argue that the Court’s reconceptualized ‘theoretical’ understanding of, and critical approach to, heteronormativity offers the potential to expand the scope of the European Convention on Human Rights across a number of areas of social life—in marriage, public assembly, freedom of expression, as well as family life—where non-heterosexuals continue to face discrimination in contemporary Europe. (shrink)

Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory Commercial System', is generally regarded as an early classic statement of the beneficial (...) effects of freedom of trade. In the these pioneering essays written in 1820-2, Bentham provided a penetrating critique of colonialism from within the liberal utilitarian tradition. Applying his general principles to the case of Spain and Spanish America, he argued that any attempt by Spain to maintain dominion over her Empire, or even to maintain a claim to the dominion was fundamentally misguided. Colonies were not a source of wealth to the colonizing country, but rather led to the imposition of increased taxation. Moreover, the existence of colonies increased the amount of patronage at the disposal of Spain's rulers, and thus would facilitate the corruption of the members of the new legislative assembly and eventually lead to the restoration of the ancient despotism. Colonies were not only wasteful and expensive, but posed a threat to constitutional government itself. The should therefore be granted unconditional independence, as a prererequisite to the establishment of unrestricted commercial relations, which would produce mutual benefit to both Spain and Spanish Amarica. (shrink)

The past decade has seen intensified calls for the reform of democratic political institutions in Canada, on the grounds that there is a “democracy deficit” at the level of federal politics. Some commentators have even begun to describe the country as a “banana republic,” or a “friendly dictatorship.”1 Yet any attempt to assess the state of democracy in Canada must naturally presuppose some theory of what democracy is – how to identify it, and how to tell whether it is performing (...) well or not. Unfortunately, there is no widely accepted theoretical account of what makes democracies democratic – or more specifically, there is no account of precisely how democratic institutions serve to confer legitimacy upon the power of the state. Public debate in Canada over the “democracy deficit” has been implicitly dominated by the populist tradition, which identifies democracy with the practice of voting. Thus most of the proposals for correcting the democracy deficit involve having more people vote on more issues, more often. Yet democratic societies function through a complex set of institutions and practices, which include but are not limited to the practice of voting. Democratic societies are also characterized by the rule of law, the protection of individual rights and liberties, the freedom of assembly and debate, a free press, competitive political parties, consultative and deliberative exercises, and a wide variety of representative institutions. If any of these elements were absent, we would hesitate to say that the society was fully democratic. (shrink)

Increasingly firm rejections of the distinction between positive and negative human rights as incoherent have created a gap between theory and practice, as well as tensions within legal doctrinal and philosophical literature. This article argues that the distinction can be preserved by means of a structural account of the interaction of duties within human rights, anchored in case law on the right to freedom of assembly in Article 11, the right to free elections in Article 3 of Protocol (...) 1, and the right to security as enshrined in Articles 2, 3, 5, and 8 of the European Convention on Human Rights. (shrink)

We can distinguish two liberal paradigms that stand in opposition to each other. Liberalism as non-domination seeks to eliminate identities resulting from domination and oppression and hindering the emancipation of individuals. Liberalism as recognition holds that ‘the idea of a human world without identities makes no sense’ (Appiah) and considers identities to have their source in individual liberty and to provide the grounds for pluralism. The two liberal paradigms come to largely different results regarding the role of the state and (...) civil society. The paradigm of non-domination tends to enforce individual rights, if necessary against a hostile cultural and religious context. The paradigm of recognition defends mostly individual liberties, if necessary at the expense of certain individual rights. Liberalism stands here in front of a major dilemma: Either it protects individual rights in the sense of freedom as non-domination, or it defends individual liberties in Isaiah Berlin's tradition of negative liberty– in too many cases and in too many parts of the world, liberalism, understood in the terms presented here, cannot have it both ways. This review article argues that the liberal paradigms of non-domination and recognition are complementary; liberalism is about both recognition and non-domination. Following policy recommendation can be drawn: (1) Democratic institutions (parliament, political parties and constitutional courts) and democratic rights (right to vote, right of assembly and freedom of speech) are most efficient in fighting domination. (2) Although social identities are not fixed and open to change, they cannot be engineered by the state or civil society organizations and grow out of some form of social consensus. (3) The consensus around identities takes place within the pluralist public and civil sphere of a community. (4) While the support in the development of individual capabilities by the state is effective against domination, also history and collective memory help to overcome the traumatic experience of domination. (5) Systemic transformation requires the support from below, notably from the civil society, and is based on individual liberties. (shrink)

In this article, I suggest that post‐modernism is in essence a return, under radically different circumstances and with a cultural inheritance from the modernist era (especially the ‘modernist’ principle of freedom of the individual), to a kind of (post‐modernist) medievalism. The view that the ‘trend of our times’ is towards a ‘post‐modern medievalism’ is based mainly upon a consideration of the decline of the nation‐state, the replacement of ‘absolute’ with a kind of ‘moderated’ national sovereignty and the fact that (...) the nations and regional assemblies of Europe are beginning to look increasingly like the duchies and baronies of feudal Europe. (shrink)

What Is a People? seeks to reclaim "people" as an effective political concept by revisiting its uses and abuses over time. Alain Badiou surveys the idea of a people as a productive force of solidarity and emancipation and as a negative tool of categorization and suppression. Pierre Bourdieu follows with a sociolinguistic analysis of "popular" and its transformation of democracy, beliefs, songs, and even soups into phenomena with outsized importance. Judith Butler calls out those who use freedom of (...) class='Hi'>assembly to create an exclusionary "we," while Georges Didi-Huberman addresses the problem of summing up a people with totalizing narratives. Sadri Khiari applies an activist's perspective to the racial hierarchies inherent in ethnic and national categories, and Jacques Rancière comments on the futility of isolating theories of populism when, as these thinkers have shown, the idea of a "people" is too diffuse to support them. By engaging this topic linguistically, ethnically, culturally, and ontologically, the voices in this volume help separate "people" from its fraught associations to pursue more vital formulations. Together with Democracy in What State?, in which Giorgio Agamben, Alain Badiou, Daniel Bensaid, Wendy Brown, Jean-Luc Nancy, Jacques Rancière, Kristin Ross, and Slavoj i ek discuss the nature and purpose of democracy today, What Is a People? expands an essential exploration of political action and being in our time. (shrink)

Richard Hookers starting point was the question of a new social order, the establishment of which long seemed necessary as a result of the various confessional splits and formation of nation states occurring prior to and during his lifetime. His thoughts on these matters were decisively influenced by one particular political occurrence, one that had important consequences for the formation of modern democracy, the Dutch revolution. So Hooker discusses the normative foundations of society. Each person has the right of (...) class='Hi'>freedom of conscience and as a necessary consequence must respect the differing beliefs of others. It is not a question here of simply affirming the existing principle of freedom of religion, but much more a matter of shaping the principle into an enforceable right. This position was complemented by the state guaranteed rights of freedom of assembly and freedom of expression. Criticism of the puritans and of Catholicism expressed in defence of the Anglican church and for the maintenance of the political status quo is thus combined with the fundamental question of the normative basis of modern democracy. The question arising for Hooker from this analysis of the scholastic and puritanical positions is: what may be viewed as law and where does law find it justification? What may the legislature decide upon and what are the boundaries of its application? For Hooker the emphasis of moral theoretical observation has been shifted from behaviour itself to the rules underlying behaviour. With the transition, it is these rules that have been placed under systematic scrutiny and for which justification has been sought. The question is: where do these rules find their justification and what underpins their binding nature? The significance and importance of Hooker's new approach is to be found in the question of the specific function of law and state in light of two facts. Firstly, that it is now possible to question the normative function of values and secondly, that rules may be laid down through the machinery of politics. (shrink)

Strictly speaking the law cannot admit toleration: It cannot tolerate ideas or behaviour which are contrary to its requirements. This logic explains why for centuries civilizations found no place for toleration. Then in the seventeenth and eighteenth centuries, philosophers and thinkers such as Spinoza, Locke, Bayle and later Voltaire or Malesherbes advocated tolerance, certain aspects of which were to be introduced into the legislation of many countries: freedom of opinion, the free movement of persons, freedom of assembly (...) and of religion. (shrink)

Freedom of speech, press, assembly, and petition have long been celebrated as crucial to democratic government. United States Supreme Court decisions have, quite rightly, justified strong protection of these freedoms because of their crucial role in the functioning of American democracy.

In lieu of an abstract, here is a brief excerpt of the content:The Air of Liberty:A Transatlantic PerspectiveKieran M. Murphy (bio)"En somme le rôle du critique serait sans cesse de faire de l'air dans le plein du monde mais non pas forcement de faire du vide."—Roland Barthes"Dèyè mòn, gen mòn" ["Behind mountains, there are mountains"]—Haitian proverbThe phrase "I can't breathe" has become a worldwide rallying cry against injustice. Ben Okri deems "I can't breathe" the "mantra of oppression" that should "spark (...) the real change our world so desperately needs." He attributes the phrase's remarkable impact to how it taps into our primal fear of suffocation, encouraging empathy for "seemingly insignificant people." He also brings attention to how, as a slogan, "I can't breathe" subverts institutional racism through poetic means: "Not even William Shakespeare, Walt Whitman, James Baldwin or Toni Morrison at their most eloquent came out with anything as simple in the genius of its truth as: 'I can't breathe.'" This truth is airborne: "'I can't breathe' suddenly equates racism with the deprivation of air, which is what it always was." The chokehold of racism emerged with the transatlantic slave trade and, Okri concludes, has been ever since the prohibition of breathing "freedom."The powerful convergence of poetics and politics in the slogan "I can't breathe" comes from its essential truth: the aerial nature of freedom. More than just a concept or metaphor, freedom is also something you breathe. Freedom is a kind of concept-image that depends on our intimate, life-sustaining relationship with the atmosphere. "I can't breathe" brings attention to this relationship to help redress the failure of our institutions to bestow freedom equally.The aerial nature of freedom is even more apparent in the related slogan "the air of liberty." References to "the air of liberty" occurred frequently during the French Revolution to convey the origin of the "human rights" that have become the bedrock of our democratic institutions. Today, these human rights continue to exert their legal weight for the defense of equality. Yet, when confronted with the evasive mechanism of institutional racism, they keep falling short. This predicament is partly due to [End Page 200] their supposed airtight foundation. "The air of liberty" offers a window to the turbulent time when human rights sprang conspicuously from the atmosphere, that we can reopen to shift the focus from the legal to the aerial origin of freedom. This strategy unleashes historical winds that swept across the Atlantic world, including a critical undercurrent from the Haitian Revolution that prefigured the "I can't breathe" movement and its critique of the white chokehold on freedom. Click for larger view View full resolutionFigure 1.Detail of Jean-Jacques-François Le Barbier, Déclaration des droits de l'homme et du citoyen, circa 1789 (Source: Wikimedia Commons)The best-known depiction of the 1789 Declaration of the Rights of Man and of the Citizen (Fig. 1) portrays the origin of liberty in a scene unfolding in the sky. Spreading its light and dissipating the clouds of error, the Enlightenment's eye of reason levitates like an aerostat. Its liberating power illuminates the law symbolized by a winged figure pointing to the tablets below containing the articles proclaiming that "men" are born free and equal. Despite the prominence given to the eye of reason, it is in the atmosphere in which it elevates that we must look for the elemental spring of liberty.References to the aerial nature of liberty most intriguingly surfaced in contemporary debates concerning the universality of the Declaration of the Rights of Man. The revolutionary and abolitionist Jacques Pierre [End Page 201] Brissot characterized the 1791 slave rebellion that ravaged the colony of Saint-Domingue (now Haiti) as a fight for a purer, healthier air. In a speech delivered the same year at the National Assembly, he argued that, following the storming of the Bastille and the Declaration of the Rights of Man, the "atmosphere" of inequality hovering over the plantations of Saint-Domingue had become noxious not only for the enslaved but also for the troops that France might dispatch to restore order in the colony... (shrink)

This essay presents a point of view for looking at `free will', with the purpose of interpreting where exactly the freedom lies. For, freedom is what we mean by it. It compares the exercise of free will with the making of inferences, which usually is predominantly inductive in nature. The making of inference and the exercise of free will, both draw upon psychological resources that define our ‘selves’. I examine the constitution of the self of an individual, especially (...) the involvement of personal beliefs, personal memories, affects, emotions, and the hugely important psychological value-system, all of which distinguish the self of one individual from that of another. The foundational position that adopted in this essay is that all psychological processes are correlated with corresponding ones involving large scale neural aggregates in the brain, communicating with one another through wavelike modes of excitation and de-excitation. Of central relevance is the value-network around which the affect system is organized, the latter, in turn, being the axis around which is assembled the self, with all its emotional correlates. The self is a complex system. I include a brief outline of what complexity consists of. In reality all systems are complex, for complexity is ubiquitous, and certain parts of nature appear to us to be ‘simple’ only in certain specific contexts. It is in this background that the issue of determinism is viewed in this essay. Instead of looking at determinism as a grand principle entrenched in nature independent of our interpretation of it, I look at our ability to explain and to predict events and phenomena around us, which is made possible by the existence of causal links running in a complex course that set up correlations between diverse parts of nature, in this way putting the stamp of necessity on these events. However, the complexity of systems limits our ability to explain and to predict to within certain horizons defined by contexts. Our ability to explain and predict in matters relating to acts of free will is similarly limited by the operations of the self that remain hidden from our own awareness. The aspects of necessity and determinism appear to us in the form of reason and rationality that explain and predict only within a limited horizon, while the rest depends on the complex operation of self-linked psychological resources, where the latter appear as contingent in the context of the exercise of free will. The hallmark of complex systems is the existence of amplifying factors that operate as destabilizing ones, along with inhibiting or stabilizing factors as well that generally limit the destabilizing influences to local occurrences, while preserving the global integrity of a system. This complex interplay of destabilizing and stabilizing influences lead to the possibility of an enormous number of distinct modes of behavior that appear as emergent phenomena in complex systems. Looking at the particular case of the self of an individual that guide her actions and thoughts, it is the operation of our emotions, built around the psychological value-system, that provide for the amplifying and inhibiting factors mentioned above. The operation of these self-linked factors stamps our actions and thoughts as contingent ones that do not fit with our concepts of reason and rationality. And this is what provides the basis of our idea of free will. Free will is not ‘free’ in virtue of exemption from causal links running through all our self-based processes - ones that remain hidden from our awareness, but is free of what is perceived to be ‘reason and rationality’ based on knowledge and the common pool of beliefs and principles associated with a shared world-view. When we speak of the choice involved in an act of exercise of free will what we actually refer to is the commonly observed fact that various different individuals of a similar disposition respond differently when placed under similar circumstances. In other words, free will is ‘free’ precisely because it is not subject to constraints of a commonly accepted and shared set of principles, beliefs, and values. While it is possible that, in an exercise of free will, the self-linked psychological resources are brought into action when a number of alternatives are presented to the self by the operation of the ingredients of a commonly shared world-view, it seems likely that, that set of alternatives is not of primary relevance in the final response that the mind produces, since the latter is primarily a product of the operation of the self-based psychological resources. What is of greater relevance here is the operation of emotion-driven processes, guided by the psychological value-system based on the activity of the so-called reward-punishment network in the brain. These processes lead the individual to a response that appears to be free from the shackles of determinism precisely because their mechanisms, which are hidden from us, do not conform to commonly accepted and shared rules and principles. In contrast, inductive inference is a process that is based on the ‘cognitive face’ of self, where the self-based psychological resources play a supportive role to the commonly shared world-view of an individual. There is never any freedom from the all-pervading causal links representing correlations among all objects, entities, and events in nature. In the midst of all this, the closest thing to freedom that we can have in our life comes with self-examination and self-improvement. The possibility of self-examination appears in the form of specific conjunctions between our complex self-processes and the ceaseless changes of scenario in our external world. This actually makes the emergent phenomenon of self-examination a matter of chance, but one that keeps on appearing again and again in our life. Once realized, self examination creates possibilities that would not be there in the absence of it, and these possibilities include the enhancement of further self-enrichment and further diversity in the exercise of our free will. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 173-187 [Access article in PDF] Symposium: On Ken Burns's "Jazz" Jazz After Jazz: Ken Burns and the Construction of Jazz History Theodore Gracyk As all action is by its nature to be figured as extended in breadth and in depth, as well as in length; and so spreads abroad on all hands... so all narrative is, by its nature, of only one dimension; only (...) travels forward towards one, or towards successive points; narrative is linear, action is solid. Alas for our "chains" or chainlets, of "causes and effects." —Thomas Carlyle, "On History," 1830 Jazz and freedom are synonyms. —Mezz Mezzrow I JAZZ, A FILM BY KEN BURNS is a fascinating and monumental achievement. In this essay, I identify and critique some of the project's core assumptions. My principal target is the assumption that a specific essence of jazz underlies most (but not all) of the music that is regularly identified as jazz and that the historical unfolding of this essence is the true subject of a historical investigation of jazz. This assumption accounts for the project's otherwise puzzling suggestion that jazz history ended approximately thirty-five years ago.The most visible element of the historical project is the ten-part, nineteen-hour documentary, Jazz: A Film by Ken Burns. However, the historical project has three other public elements. The first is a book, Jazz: A History of America's Music. 1 Credited to both Geoffrey C. Ward and Ken Burns, the bulk of the book is the film's spoken text, which includes both a unifying narrative and numerous quotations. The book makes it clear that this text is primarily Ward's work. Second, there is a website that makes available extensive transcripts of many of the [End Page 173] seventy-five interviews conducted for use in the film. Third, there is a set of twenty-two compact discs, each giving an overview of an important jazz musician (e.g., one devoted to Count Basie, one devoted to Dizzy Gillespie). Highlights of these discs have, in turn, been assembled into a five-disc box set called Ken Burns Jazz. My aim is to reveal and examine the conceptual scaffolding that supports and organizes this vast, multifaceted project.What is the principal assumption of this historical project? The project consistently emphasizes the music's capacity to give audible embodiment to the idea of American democracy. At the same time, the project is less than forthcoming about the aesthetic assumptions embraced by Ward and Burns. Familiar and predictable arguments are introduced to justify the appellation of "art" and to address the issue of the purported death of jazz in the 1970s. However, these two strands of the larger argument may be at cross-purposes with the principal assumption and the ideology that jointly justify the project's status as jazz history.Let me begin by describing the principal assumption in some detail. While there is no reason to suppose that its source is Ken Burns or his chief collaborator, historian Geoffrey Ward, the following blurb was used to advertise the project: Jazz has been called the purest expression of American democracy; a music built on individualism and compromise, independence and cooperation. Join us for an exploration of jazz, America's greatest cultural achievement. In keeping with this theme, the narration and principal interviewees of the film are positioned to emphasize that jazz is an audible embodiment of the idea of American democracy. Let us call this idea the democracy thesis. It is placed as a frame around the whole film: Wynton Marsalis announces it in the opening minutes of the first episode, and then he reiterates it in fresh words at the end of the last episode. Although it is repeated with numerous variations, the democracy thesis proposes that jazz involves an ideal of democratic America, not the fact of life in America: jazz, Wynton Marsalis assures us, is "a glimpse of what America is going to be when it becomes itself. And this music tells you that it will become itself." 2 Jazz... (shrink)

In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not (...) adequately justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

Despite a “spatial imaginary” which constructs Europe as a location of sexual and gender freedom (Rao, 2014), presently, twenty countries in Europe require sterilisation in order to legally recognise transgender people’s gender identities, including four of the seven countries in the INFERCIT study: Greece, Italy, Turkey, and Cyprus (but not Spain, which since 2007 does not require sterilisation for gender identity recognition [see Platero, 2008]. In Bulgaria and Lebanon no gender identity recognition for trans people is provided by law; (...) the latter lies outside the “European” region) (TGEU, 2014). Compulsory sterilisation—classified as a crime against humanity in the Rome Statute of the International Criminal Court (UN General Assembly, 1998: art. 7.1)—is widely in force against transgender people, who constitute “the only known group in Europe subject to legally prescribed, state-enforced sterilisation” (Hammarberg, 2009: 19). However, forced sterilisation of trans people is not generally conceptualised as a eugenicist or genocidal policy, in part because sterilisation is conflated with gender reassignment surgical interventions which, widely considered as that which brings transgender bodies into being, are in turn conflated with embodied transgender subjectivities. On this view, transgender individuals could not exist except through a medicalised process that, by design, precludes their “natural” reproductive capacities and is generally not accompanied by fertility preservation or the provision of assisted reproduction technologies (Plemons, 2014: 38; De Sutter et al., 2002; De Sutter, 2001). Sterilisation laws are justified through a pathologising discourse on transgender lives which constructs gender reassignment interventions as medical “treatment” of gender identity disorder (Suess, Espineira & Crego Walters, 2014: 73-76). Adopting a depathologising perspective enables us to contextualise compulsory sterilisation (which naturalises the sexually dimorphic, cisgender, heterosexual body) as a form of “gendercide” which has historically been instrumental in the imposition of a Euro-colonial binary gender system (Miranda, 2010; Lugones, 2007). The state-imposition of medical interventions on trans people not only has deleterious effects on their reproductive rights, “effectively undermin[ing] their right to found a family” (Hammarberg, 2009: 21; see OHCHR et al., 2014)—as “family” is hegemonically defined by a heteronormative and bio/ logical kinship order (Butler, 2002; van Anders, 2014). I argue that state regulation of transgender reproduction constitutes a form of institutionalised gendered violence inasmuch as it impedes transgender people’s ability to exercise inherent first-person authority over the materiality and meanings of their gendered embodiments (Bettcher, 2009; Spade, 2013). Efforts to renaturalise gender and kinship inextricably intersect (Kantsa, 2006) in the biopolitical attempt to regulate transgender embodiments and reproduction, which conditions the emerging legal recognition of transgender subjects as a rights-bearing minority (Stryker, 2014). (shrink)

The paper inquires the category of _performance_ in Hannah Arendt. Her concept of the political eludes the tradition-inherited approach and subtracts the praxis from instrumental reason. Arendt revisits the political experiences of ancient Greek cities, where tragedy and assembly, theater and agora, provide the propitious space for action. She avoids the instrumental approach of _homo faber_, conceptualizes action as performance and shows its connaturality with the performing arts, to the detriment of the productive ones. In “What is Freedom?” (...) Arendt understands political freedom as a “worldly fact”, and assesses the Machiavellian _virtù_ as public excellence: as _performance on stage_. (shrink)

Originally published in 1983. The nineteenth century was a time of great economic, social and political change. As Europe modernized, previously ignorant and apathetic elements in the population began to demand political freedoms. There was pressure also for a freer press, for the rights of assembly and association. The apprehension of the existing elites manifested itself in an intensification of often brutal form of political repression. The first part of this book summarizes on a pan-European basis, the major techniques (...) of repression such as the denial of popular franchise and press censorship. This is followed by a chronological survey of these techniques from 1815 – 1914 in each European country. The book analyzes the long and short-term importance of these events for European historical development in the 19 th and 20 th centuries. (shrink)

This is a concise, fluently presented examination of the relation between William Penn's religious convictions and his political behavior, from his years as an active young convert to the Quaker cause to his later years as governor of Pennsylvania. Although not a full biographical treatment of William Penn, the study presents new insights into Penn's life because it is based on many ignored but important pamphlets that Penn wrote. The young William Penn took a leading role in the Quaker fight (...) for the right of free assembly, the right of free speech, and freedom of conscience. However, when faced with governing a booming colony, these very principles and convictions had to be modified in order to maintain his and the Friends' control of Pennsylvania. Originally published in 1967. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

The endoplasmic reticulum (ER) uses various mechanisms to ensure that only properly folded proteins enter the secretory pathway. For proteins that oligomerize in the ER, the proper tertiary and quaternary structures must be achieved before their release. Although some proteins fold before oligomerization, others initiate oligomerization cotranslationally. Here, we discuss these different strategies and some of the unique problems they present for the ER quality control system. One mechanism used by the ER is thiol retention. Thiol retention operates by monitoring (...) the redox state of specific cysteine residue(s) and was discovered in studies on the assembly of IgM, a complex oligomeric glycoprotein. This system is also involved in retaining other unassembled proteins in the ER. Mutations that result in uneven numbers of cysteine residues can subject yet other proteins to thiol retention, altering their oligomerization status and function. The implications of these results on the effects of thiol retention on protein function and cell fate are discussed. BioEssays 20:546–554, 1998. © 1998 John Wiley & Sons Inc. (shrink)