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 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)

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)

The main purpose of this study was to determine the accumulation of the tradition of political texts (Siyasatnāma) in the context of freedom of expression and to discuss the potential of creating new perspectives accordingly. One of the most important criticisms of modernity towards traditional structures is the claim that people are subjected to many limitations on social, cultural and religious grounds. This criticism, which mainly focuses on limiting the freedom of action, also comes across as preventing the (...) expression of thoughts. While traditional understandings had such an approach, they aimed not only to preserve or strengthen the position of a particular authority, but also to prevent problems that may arise from an individual and social point of view. However, it is not possible to say that these thoughts always remain true to the stated intention. In this context, considering traditional understandings with their historical contexts should not only aim to gain an intellectual knowledge about a certain period or civilization. The main goal should be to evaluate the accumulated knowledge critically and to achieve meaningful results from this field. While determining the framework of the study, it was thought that reading through the political texts would provide such an opportunity. The study focused primarily on the intellectual infrastructure of freedom of expression and, accordingly, included general assessments of the issue in political texts and touched on the concept of authority, which is of great importance for determining the scope of freedom. In particular, it is emphasized on which power the administrators, who are at the head of the administrative power, base their authority on and from which principles the boundaries of this should be determined. It is seen that the political texts related to political life, oriented to ideal principles and taking into account reality, contain important assessments of the source of authority in terms of creating a ground of legitimacy or making sense of the existing situation. When evaluating the issue, it is highly evident that politicians point out that the main purpose of the existence and use of authority is the idea of order. In this context, what kind of precautions have to be taken in case of violation of the determined borders to maintain order is one of the most important issues of the policy books. Among these precautions, the idea of limiting all freedoms, especially freedom of expression, has an important place. The article also points out the possible contributions of the suggestions made in this context to the reactions that may arise in different political and social situations. At the beginning of the mentioned contributions, there are assessments on overcoming an obstacle that causes rulers not to perceive some facts adequately. This creates a serious obstacle to a healthy communication with different layers of society, and can be expressed as a masking effect. One of the main issues that the article focuses on is the suggestions of politicians on how to use the freedom of expression of the broad masses that make up the body of society. These suggestions state that the governed also have responsibilities at the point of determining the framework of the dialectical relationship between the different dimensions of the social structure. The social understandings that developed in the post-modern world have a nature that puts the individual in the foreground much more than traditional approaches. This may have produced positive effects to some extent. However, it seems that a serious erosion in the culture of people’s coexistence occurred on this occasion. The problematic use of freedom in general and freedom of expression in particular may be one reason for this. From the point of view of the states that are the highest social structures, it can also be said that these problems are increasing day by day. Therefore, the medium-term result of the desire to ensure individual freedoms may sometimes appear as chaos, and the long-term result may appear as the emergence of a more authoritarian structure again. In fact, these authoritarianism tendencies can gain strength by being based on reasonable grounds, such as misuse of freedoms of expression. It should be noted that to overcome these problems, political texts can help to prevent major social breakdowns by providing important alternatives to the disinterest which was created by the modern era. In this context, the study also touches on the conditions under which freedom of expression can be restricted according to political statements. (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)

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)

For post-Kantian philosophy, “life” is a transitory concept that relates the realm of nature to the realm of freedom. From this vantage point, the living seems to have the double character of being both already and not yet free: Compared with the external necessity of dead nature, the living already seems to exhibit a basic type of spontaneity and normativity that on the other hand still has to be superseded on the path to the freedom and normativity of (...) spirit. The contributions in the third volume of the series Freedom and Law take their departure from Hegel in order to investigate the extent to which we need figures and concepts of the living to understand the genesis and structure of theoretical and practical self-determination. In these analyses, Hegel’s philosophy reveals itself as a thinking not restricted to a mere opposition between the determinations of life and the freedom of spirit, but rather conceives of a freedom that realizes itself in and through life: a freedom of life. (shrink)

The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11 has never been amended. Indeed, provision in Article 3 reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of (...) Islam enshrined in Article 3 does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11, 11 and 10 of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960, the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality.While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11 of the Federal Constitution and Article 5 that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims renounce the Islamic faith is constitutionally valid. It also intends to highlight the conflict in the laws surrounding the punishment for apostasy in various states in Malaysia. (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)

This article deals with the question of how ethicists respond to practical moral problems emerging in health care practices. Do they remain distanced, taking on the role of an expert, or do they become engaged with nurses and other participants in practice and jointly develop contextualized insights about good care? A basic assumption of dialogical ethics entails that the definition of good care and what it means to be a good nurse is a collaborative product of ongoing dialogues among various (...) stakeholders engaged in the practice. This article discusses the value of a dialogical approach to ethics by drawing on the work of various nursing scholars. We present a case example concerning the quality of freedom restrictions for intellectually disabled people. Issues for discussion include the role and required competences of the ethicist and dealing with asymmetrical relationships between stakeholders. (shrink)

Over the last eight years, there has been a sharp increase in government censorship and officially sponsored persecution of the Moroccan free press. The Moroccan press still enjoys greater freedoms now than under the late King Hassan II, thanks to the liberalization efforts he facilitated toward the end of his life, which were also continued in the early years of his son’s reign. However, the freedoms media activists worked so hard to obtain at the end of the last century have (...) rapidly begun to erode, particularly after the 2003 terrorist attacks in Casablanca. Morocco remains an important Arab ally to both the United States and Europe, but the monarchy risks that relationship by tightening the reigns on speech and violating international human rights laws. Moreover, the monarchy puts itself at risk domestically every time it imprisons a journalist or imposes a bankrupting fine on a popular periodical, as Moroccan human rights groups grow less enchanted by their king. Over the last two years, criminal charges against the media have increased significantly, causing some publications to close and leaving a number of journalists in jail for their writings. In addition, since 2008, the Moroccan government has begun to censor the Internet, arresting bloggers and satirists and temporarily suspending access to popular websites, such as YouTube. This article explores Morocco's obligations under international and domestic law relating to freedom of expression and examines some recent court cases involving the Moroccan media. (shrink)

The “free” in “free software” refers to a cluster of four specific freedoms identified by the Free Software Definition. The first freedom, termed “Freedom Zero,” intends to protect the right of the user to deploy software in whatever fashion, towards whatever end, he or she sees fit. But software may be used to achieve ethically questionable ends. This highlights a tension in the provision of software freedoms: while the definition explicitly forbids direct restrictions on users’ freedoms, it does (...) not address other means by which software may indirectly restrict freedoms. In particular, ethically-inflected debate has featured prominently in the discussion of restrictions on digital rights management and privacy-violating code in version 3 of the GPL (GPLv3). The discussion of this proposed language revealed the spectrum of ethical positions and valuations held by members of the free software community. In our analysis, we will provide arguments for upholding Freedom Zero; we embed the problem of possible uses of software in the broader context of the uses of scientific knowledge, and go on to argue that the provision of Freedom Zero mitigates against too great a moral burden—of anticipating possible uses of software—being placed on the programmer and that, most importantly, it facilitates deliberative discourse in the free software community. (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)

There is a long-standing interest in business ethics around the concept of free will, but study of its possible influence on consumer behavior is only in the nascent stage. This lack of research is particularly acute in certain consumption contexts, especially ones based on highly restricted access that appear to suggest abrogation of the will. In this paper, we offer a novel approach that involves reexamination of qualitative/ethnographic research that has chronicled consumption restrictions without consideration of potential implications for free (...) will. Using a new reanalysis method, we show that some of what is described as “vulnerability” using other theoretical paradigms is subsumed within this domain. Findings demonstrate that a complex relationship between free will and various consumption processes and outcomes exists that is acted out within and outside licit and illicit/formal and informal markets. These restrictions allow for a different vantage point to address free will and consumption, with implications for business ethicists and researchers interested in human quality treatment or human dignity-centered business frameworks. (shrink)

The current research investigates maximizers’ responses to restrictions of choice freedom during lockdown in the context of the COVID-19 pandemic. Having as a starting point the assumption that for maximizers choice is constitutive of identity, this research proposes that maximizing is associated with search for existential meaning in life. In turn, maximizers’ propensity to search for meaning is associated with a higher susceptibility to experience reactance when their freedom of choice is restricted, which is further associated with higher (...) engagement in online shopping during lockdown presumably as a means to combat reactance and restore choice freedom. Using the lockdown in spring 2020 as a naturalistic context to study consumer responses to restrictions of choice freedom, results of an online study in Austria support these predictions. These findings advance a view of maximizers as ‘lay existentialists’, who view choice as a meaning-making device that is tightly linked to their sense of identity. As a result, when their choice freedom is threatened, maximizers may respond with higher reactance and engage in restorative actions. (shrink)

Freedom of expression is one of the issues of concern to human societies in the contemporary world, because this issue is one of the most important basic rights of people in societies due to its special nature, and on the other hand, it is always in conflict with the authoritarian point of view. Islam accepts freedom of expression for everyone in the Islamic society, but it has specified limits and regulations for it. These restrictions and conditions, more than (...) cumbersome and intolerable regulations, are instructions for better use of freedom, which if not followed, not only the freedom of everyone in the society will not be realized, but also the category it will become anti-value and create cultural chaos. Imam Ali (peace be upon him), during his rule period, not only did not limit the freedom of expression, but also emphasized the expansion of this freedom. Based on Islam, since man is a free being, the privacy of his freedom must always be preserved; Therefore, freedom is the natural right of every human being and cannot be taken away from him. The practical life of Imam Ali (PBUH) and his advice to his agents in caring for freedom of expression in society and politics, bring its importance to the fore. Considering the importance of this issue, the purpose of this research is to study freedom of expression in Islamic teachings with emphasis on Nahj al-Balagha. Based on this, the related themes to freedom of expression have been extracted and explained from the point of view of Nahj al-Balagha, and conclusions have been presented in this regard. Contribution: This research showed that in the Islamic system, all citizens have the right to freedom of speech in ideological, political and social issues (according to the limits set by Islamic teachings and prevent the violation of Islamic values and other human values). These points are emphasized in Islamic teachings, especially in Nahj al-Balagha. (shrink)

This contribution considers the case law of European Court of Human Rights (ECtHR) and focuses on the extent to which the Contracting Parties to the European Convention on Human Rights (ECHR) can regulate the tobacco, alcohol, and food industries in a manner compatible with their ECHR obligations. After briefly presenting the two key cases dealing specifically with tobacco advertising, this contribution considers the main factors that the ECtHR takes into account when balancing competing concerns, and in particular freedom of (...) commercial expression and public health protection. It concludes that none of these factors is absolute, as the Court considers the strength of each one of them on the facts of each case. Nevertheless, it is clear from its case law that States have a wide margin of appreciation to regulate marketing practices that are inimical to public health and the prevention of non-communicable diseases more specifically, to the extent that even extensive advertising restrictions can be compatible with Article 10 of the ECHR. (shrink)

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether (...) or not to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is their inviolability as recognized in international law. However, this inviolability of freedoms or rights is something different from the inviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

As assisted reproductive technologies become increasingly popular, debate has intensified over the ethical justification for restricting access to ART based on various medical and non-medical factors. In 2010, the Australian state of Victoria enacted world-first legislation that denies access to ART for all patients with certain criminal or child protection histories. Patients and their partners are identified via a compulsory police and child protection check prior to commencing ART and, if found to have a previous relevant conviction or child protection (...) order, are given a “presumption against treatment.” This article reviews the legislation and identifies arguments that may be used to justify restricting access to ART for various reasons. The arguments reviewed include limitations of reproductive rights, inheriting undesirable genetic traits, distributive justice, and the welfare of the future child. We show that none of these arguments justifies restricting access to ART in the context of past criminal history. We show that a “presumption against treatment” is an unjustified infringement on reproductive freedom and that it creates various inconsistencies in current social, medical, and legal policy. We argue that a state-enforced policy of restricting access to ART based on the non-medical factor of past criminal history is an example of unjust discrimination and cannot be ethically justified, with one important exception: in cases where ART treatment may be considered futile on the basis that the parents are not expected to raise the resulting child. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Mogens Lærke. Spinoza and the Freedom of Philosophizing. Oxford: Oxford University Press, 2021. Pp. xviii + 387. Hardback, $115.00. -/- Spinoza's political philosophy, always a subject of attention in Francophone scholarship, has been coming into sharper focus for Anglophone readers in recent years as well. Mogens Lærke—well known for his essays on metaphysics and cognition in Spinoza, for his invaluable book Leibniz lecteur de Spinoza (Paris: Honoré (...) Champion, 2008), and for bridging French and English scholarly communities—has now written a richly contextual treatment of Spinoza's conception of the freedom of philosophizing (libertas philosophandi). His book presents a thoroughly mid- to late seventeenth-century Dutch Spinoza. The expression libertas philosophandi appears in the full title of Spinoza's Theologico-Political Treatise (1670, hereafter TTP). Lærke argues that libertas philosophandi is the key to understanding "Spinoza's attempt to theorize a new republican public sphere" (5). As defined by Spinoza, "the freedom of philosophizing is not for Spinoza an individual right but a collective natural authority constitutive of a particular kind of public sphere" (5)—namely, one constituted by such recognizably republican notions as equality, integrity, virtue, and honor. It depends on citizens "having taken possession of their own free judgment and on their capability and willingness to engage with each other without prejudice and deceit" (234). Far from being "granted," libertas philosophandi is "achieved through civic education and mutual advising in the public sphere" (235). Rather than a formal permission or abstract right, libertas philosophandi is a socially mediated expression of power (or what the Ethics calls conatus, striving and expression): it emerges and is maintained through cultivation, regulation, and identification, and is communal—that is, political. Put another way, libertas philosophandi is a collective form of freedom enacted as a noncoercive exchange of views among equals who agree to search for truth and pursue well-being together. As distinct from the rational and intellectual freedom examined in the Ethics, libertas philosophandi reflects everyone's natural (and so inevitable) power of self-expression and does not depend on rational attainment. The task of politics is inducing as many people as possible to express themselves constructively. Thus, politics depends on motivating people to act as if they were rational. In practice, this means that citizens must commit themselves to friendly mutual advice and teaching rather than to coercive measures, to deliberative structures rather than to secrecy and partiality, and to acceptance of a unified sovereign, whatever the exact form of the government may be. Following the indications of TTP 5 and TTP 16-17, Lærke shows that this commitment can come about either imaginatively [End Page 523] or rationally. For those who do not or cannot—or cannot consistently—comprehend the usefulness of a well-constructed imperium, imaginative myths, such as the revelation at Mount Sinai or the social contract itself, are required. For those for whom the founding myths and codes, such as the principles of universal religion, prove insufficiently binding, state force intervenes. With characteristic erudition, Lærke situates Spinoza in the political, religious, sociocultural, and economic currents of mid- to late seventeenth-century Amsterdam. This contextualization leads to new ways of understanding Spinoza's place in the history of toleration and democratic thought. Lærke pairs this historical-philosophical sleuthing with close attention to Spinoza's exact language and argumentative structure. Most provocatively, Lærke insists on the fundamental continuity of Spinoza's political philosophy against influential readings that suppose a late-life change of heart. Chapters 2–5 explore the meaning of libertas philosophandi. Chapter 2, "Circles and Spheres of Free Philosophizing," retraces the history of the notion; chapter 3, "Philosophizing," presents philosophizing as a broad argumentative style encompassing reasoning from experience and practical or historical reasoning as well as more technical modes of inference and argument. What Spinoza calls the "natural light" and characterizes as "sound reason" is thus common to all, not restricted to intellectuals. Chapter 4, "The Apostolic Styles," studies Spinoza's analysis of the teaching methods exhibited in the Greek Scriptures. Chapter 5, "Authority," draws this part of the book to a... (shrink)

"Freedom of expression" is a complex notion that reflects various considerations and raises many questions related to their content and interaction. This paper is an abstract of a book that considers general aspects regarding the justification and the limits of freedom of expression and analyzes exiting law in light of this normative discussion. Particularly, it considers the way to determine the proper scope of freedom of expression; first-order and second-order considerations in favor and against freedom of (...) expression, both in general and regarding central specific kinds of expressions; and possible ways to normatively regulate the field of expressions - in particular to restrict expressions, primarily by law - and specifically the common view that subsequent punishment for an expression is generally preferable to prior restraint of an expression. (shrink)

This article analyzes instances of independent mobility of Jewish youngsters in Nazi Germany through the lens of photography. Photographs, taken by teenagers of their trips and sometimes assembled in albums or collages demonstrate that the category of mobility helps to uncover and define a particular kind of agency exclusive to Jewish youth, shaped by the simultaneous attachment to and disconnect from the environments they crossed. Travel is observed as a space in which freedom and restrictions were negotiated, preparing youngsters (...) for a near future of sometimes radically independent choices. Moreover, it is investigated in its capacity of offering instances of contact – planned or spontaneous – with other youth, with Jewish adults or with Germans, which additionally shaped the youngers’ identities on the move. Photography not only helped youngsters to produce records and memories. It also incited new trips and encounters. The camera, then, served as a means of translation which helped Jewish teenagers make sense of their surroundings in a moment of utmost crisis. Ultimately, the photographs attest to an alternative German topography created by independent youngsters who found a home in a cosmopolitan way of life tested on provincial roads. (shrink)

Christopher Wellman has argued that legitimate states enjoy a right to freedom of association that necessarily includes a right to exclude immigrants. This paper shows that Wellman’s argument for this conclusion is unsound since it is based on a construction of collective rights that is inapplicable to the rights of a state.

In the preface to the Philosophy of Right, Hegel compares the philosopher’s work to the flight of the owl of Minerva: just as the latter begins only with the fall of dusk, so too is philosophy bound to ‘come on the scene’ too late to teach ‘what the world ought to be’. This well-known passage has been read in many quarters as a heavy, if not fatal blow to philosophy’s critical role. While some interpreters regard Hegel’s metaphor as an outright (...) rejection of critical theory, others see it as a restriction of philosophy’s normative dimension. In this article, I argue against both of these interpretations. In my view, Hegel’s methodological indications are not incompatible with a critical outlook on received reality. What is more, they do not preclude the possibility of a radical critique of received reality. To show why, I argue that the Philosophy of Right is primarily aimed at a normative reconstruction of existing social and political arrangements, which entails both a retrospective and a prospective dimension. Moreover, I claim that this duality is one of the most original features of Hegel’s practical thought, and the key to its enduring political relevance. (shrink)

During the COVID-19 pandemic, focused protection strategies including selective lockdowns of the elderly were proposed as alternatives to general lockdowns. These selective restrictions would consist of isolating only those most at risk of COVID-19 hospitalization and subsequent use of healthcare resources. The proposal seems to have troubling implications, including the permissibility of selective lockdown on the basis of characteristics such as ethnicity, sex, disability, or BMI. Like age, these factors also correlated with an increased risk of hospitalization from COVID-19. In (...) this paper, we argue that age has meaningful differences as a morally relevant characteristic in the justification for selective restrictions of liberty. Thus, it might justify selective freedom restrictions in a way in which other factors might not. We offer four moral domains that separate age from other proxies: empiricism, operationality, discrimination, and disparity. (shrink)

Although many recent free speech skeptics claim Millian credentials, they neglect the more pessimistic elements of Mill's account of human nature. Once we recover the darker elements of Mill's thought, American-style laissez-faire in the domain of expression looks significantly more attractive. Indeed, this paper argues that if Mill is correct about human nature, we have good reason to oppose recent proposed restrictions on expression and to embrace a legal regime that tolerates much speech that is false, obscene, demeaning, and even (...) hateful. While philosophers are right to worry about the substantial moral costs of such regimes, we ought to attempt to address these costs in ways that do not amount to rejecting the regimes themselves. (shrink)

Much of the debate over the justice of immigration restrictions focuses on their impact on would-be migrants. Restrictionists often focus on potentially harmful effects of immigration on residents of receiving countries. This article cuts across this long-standing debate by outlining ways in which immigration restrictions inflict harm on natives, specifically by undermining their economic liberty. It covers both the libertarian “negative” view of economic freedom and the “positive” version advanced by left-liberals. Section 1 focuses on “negative” economic freedom. (...) It shows that migration restrictions massively restrict the negative economic liberty of natives. Section 2 takes up “positive” theories of economic freedom; here, too, there are massive effects. Finally, section 3 describes how to address potentially harmful side effects of migration that might undermine economic liberty. (shrink)

RESUMEN Se argumentará que, para expandir las capacidades de todos, hay que promover que los indivíduos, partiendo de su reconocimiento mutuo, auto contraigan sus elecciones para acomodarse y promover las libertades de otros y así lograr sus propios objetivos. Esta auto contracción no restringe la libertad, sino que la posibilita. Se partirá del diálogo entre las distintas concepciones de Libertad del Enfoque de Capacidades y Libertad Social, de Honneth. Se planteará que la Libertad consistirá en poder moverse entre sus distintas (...) concepciones, respondiendo a las distintas prácticas sociales de reconocimiento en las que se desarrolla. ABSTRACT I will argue that, to expand the capabilitites of everybody, we must promote that the individuals, starting from their mutual recognition, self-contract their elections to accommodate and promote the liberties of others and achieving their own objectives by these means. This self-contraction is not a freedom restriction, but it makes possible. I will start from the dialog between the different Honneth's conceptions of the Freedom from the Capability Approach and the Social Freedom. I will propose that the Freedom consists in the flow between their different conceptions, responding to the different social practices of recognition in which they develop. (shrink)

ABSTRACTControl over information is essential to business. This has become increasingly true in an era in which technological advances have enabled the rapid globalization of business. This article explores the implications of this control of information for freedom of speech and information. Four different situations are considered: censorship of the Internet by search engines albeit at the direction of a government; restrictions on Internet content by Internet Services Providers acting on their own; decisions by retail businesses not to sell (...) various DVDs, CDs, etc. to their customers; and legal suits brought against individuals and groups by businesses seeking to prevent the further spread of information they deem injurious to their products or activities. The paper seeks to sort out the various rights and values involved in these cases, when a business may be justifiably said to be violating individuals' rights to freedom of information, and when customers and citizens do not have justified complaints against business decisions not to provide them with certain information products. (shrink)

To ban or significantly restrict visitors for patients in hospital could seem to be simply a sensible and easy precaution to take during a pandemic: a policy that is unpopular, perhaps, and even unfortunate, but not something that wrongs anyone. However, I argue that in fact such restrictions on visitors infringe upon a fundamental right, to freedom of association. While there may still be permissible restrictions on visitors, making the case for these becomes highly demanding. One common way to (...) understand the purpose of the fundamental liberties is as protecting us from interference in a core set of freedoms, even when such interference would be to our benefit or would promote the general good. This reframing of the importance of visitors in terms of a right also has implications for how to run hospitals beyond the pandemic era: it supports a rapid expansion of visitor access and suggests that any decision to significantly restrict visitors ought not be left in the hospital, or hospital trust’s, hands. (shrink)

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)

This commentary examines the challenges faced by metaverse platforms in cross-border content moderation, focusing on the implications for freedom of expression and nondiscrimination. It highlights the difficulties in determining what to remove for which users as well as how to do so, which has serious implications for freedom of expression and our shared sense of reality. Proto-metaverse platforms such as Roblox and Minecraft face similar questions, but have not yet encountered major cross-jurisdictional issues because, as looking at traditional (...) social media platforms reveals, content moderation is not merely a question of law and policy, but also of geopolitics and government priorities. To avoid a “lowest common denominator effect” where freedom of expression is infringed upon worldwide and discrimination is entrenched, this commentary argues that metaverse platforms must clarify their moderation policies, assess their entry into specific markets based on local laws and their own values, and be prepared to exit overly restrictive markets. (shrink)

This article is a report on ongoing field research and the exponential growth of the environment in which sex workers, prostitutes, call girls, and escorts operate. We look at the complexity of the conditions of such work and consider the socio-psychological and media vectors that make up the context from which its actors and stereotypes emerge. With the explosion of websites offering virtual or real sex, there is also a continuation of oppressive and violent male practices in this sector, restricting (...) the freedom of choice for women who work professionally in this field. These practices reproduce the power relations and the exclusion that has always been present in society, and are also now more diffuse as virtual reality has come to play an important role in social practice. (shrink)

While moral arguments for vegetarianism have been explored in great depth, the arguments for veganism seem less clear. Although many animals used for milk and eggs are forced to live miserable lives on factory farms, it’s possible to raise animals as food resources on farms where the animals are treated more humanely and never slaughtered. Under more humane conditions, do we harm animals to use them for food? I argue that, even under humane conditions, using animals for food typically harms (...) animals by restricting their freedom. My argument raises an important question about the extent to which animals are harmed when their freedom is restricted. On one view, it is possible to restrict animals’ freedom without harming them so long as we don’t make them suffer. This view underestimates the value of freedom for animals. Even if animals aren’t made to suffer, restricting their freedom can harm them insofar as it deprives them of freely pursuing their enjoyments in life. My argument has implications for not only the ethics of using animals as food resources but also the ethics of using animals in zoos and circuses. I examine these implications and also consider what we should do with farm animals if we cease using them for food. (shrink)

The present study examines the influence of constrained autonomy and incentives on the experience of freedom in decision-making in everyday settings. We tested the prediction that both factors constitute independent influences on the experience of freedom against the alternative that an incentive might outbalance the influence of a constraint. The experimental setting incorporated a decision about whether to continue a psychological experiment. The choice set of the participant was either restricted or not and the tasks announced were either (...) attractive or unattractive. The results confirmed the original prediction by showing the primary effects of constraint and incentive on the experience of freedom in the decision. Additionally, positive affect completely mediated the effect of incentive, while constraint retained a significant direct effect. The study demonstrates the existence of differentiated influences on the experience of freedom, and illustrates the connections further re.. (shrink)

This article shows that associative freedom is not what we tend to think it is. Contrary to standard liberal thinking, it is neither a general moral permission to choose the society most acceptable to us nor a content-insensitive claim-right akin to the other personal freedoms with which it is usually lumped such as freedom of expression and freedom of religion. It is at most (i) a highly restricted moral permission to associate subject to constraints of consent, necessity (...) and burdensomeness; (ii) a conditional moral permission not to associate provided our associative contributions are not required; and (iii) a highly constrained, content sensitive moral claim-right that protects only those wrongful associations that honour other legitimate concerns such as consent, need, harm and respect. This article also shows that associative freedom is not as valuable as we tend to think it is. It is secondary to positive associative claim-rights that protect our fundamental social needs and are pre-conditions for any associative control worth the name. (shrink)

This chapter explores the tension between public health protection and the freedom of commercial expression from a Commonwealth Caribbean perspective, using Barbados and Jamaica as case studies. First, it assesses the scope of the right to freedom of expression. Second, it discusses the extent to which public health protection may be invoked to restrict the right. The authors conclude that Commonwealth Caribbean states can justifiably restrict commercial speech about tobacco products and unhealthy food and beverages.

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)

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)

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)

Explores the theoretical and ethical implications inherent in Freudian psychoanalysis, Rogerian client-centered therapy, and Existentialist psychotherapy, under the premise that these are essentially ideologically motivated utopian statements. Because each of these 3 traditions privileges an idyllic conception of mental health and well-being, achievable only through strict adherence to restrictive codes of prescribed beliefs and behaviors, they ultimately reduce human freedom and possibility. In contrast to these traditional approaches, an alternative which seeks to radically reunderstand psychotherapeutic theory and practice in (...) light of writings of the French philosopher E. Levinas is explored. In this alternative approach, psychotherapeutic praxis is seen to break from its absorption in an imaginary order so as to fulfill an ethical obligation to "dwell-with" an Other in the here-and-now immediacy of their suffering. 2012 APA, all rights reserved). (shrink)

This dissertation examines the relation of Kant’s theory of free will to that of K.L. Reinhold. I argue that Reinhold’s theory addresses several problems raised in the reception of Kant’s practical philosophy, particularly the problem of accounting for free immoral acts. Focusing on Reinhold’s account of free will as a condition for the conceivability of the moral law shows that the historical focus on Reinhold’s break from Kant’s own account and his alleged reliance on facts of consciousness obscures Reinhold’s decidedly (...) ‘Kantian’ argument. This approach provides a new foundation for free will and demonstrates the significance of Reinhold’s practical philosophy as an attempted corrective to Kant. Chapter 1 examines the influence of Rehberg, Ulrich, and Schmid on Kant’s and Reinhold’s respective theories of free will. Chapter 2 investigates the epistemic foundation of Reinhold’s theory of free will and, contrary to the dominant view in scholarship, argues that his account is not based merely on facts of consciousness. Chapter 3 illuminates a tension between the phenomenology of moral agency and Kant’s account of free agency. It is argued that while Kant talks about overcoming inclinations and adopting maxims by virtue of their lawful form, which would seemingly have to take place at the phenomenal level and be available to consciousness, Kant’s account of free agency is restricted to the noumenal, which precludes availability to consciousness. Reinhold’s theory of free will avoids this tension by positing consciousness of possible courses of action as a necessary condition for self-determination to one such action. Chapter 4 discusses the relation of Reinhold’s theory of free will to Kant’s Religion, a text that Reinhold uses as a basis for his charge that Kant’s theory is either “unintelligible” or “untenable.” I argue that although Reinhold fundamentally misunderstands Kant’s doctrine of supreme maxim adoption, Reinhold is correct in his assertion that Kant is committed to the thesis that the free spontaneity of the power of choice is a necessary condition for moral responsibility. Chapter 5 explicates the Kant-Reinhold Controversy to argue that given Kant’s own commitment to the conditions for moral responsibility, Reinhold was ultimately correct that free will ought to be defined as choosing for or against the moral law. (shrink)

THE CONCEPT OF FREEDOM CAN BE A USEFUL FRAMEWORK FOR A\nCOMPARATIVE STUDY OF CIVILIZATIONS. ASSUMING THAT FREEDOM\nIS NOT AN ABSOLUTE CONDITION, BUT MOVES IN A SPECTRUM\nBETWEEN OSSIFIED FORMS AND TOTAL ANARCHY, THE ACTUAL\nPRACTICE OF FREEDOM VARIES FROM CULTURE TO CULTURE.\nMOREOVER, THE NOTION OF FREEDOM IS RELATED TO RESTRICTIVE\nNORMS - SUCH AS LAW, MORALS, AESTHETICS, CUSTOM, VOGUE. IN\nRESPECT OF EACH SUCH NORM THE DEGREE OF FREEDOM MAY VARY.\nTHUS, THE PROFILE OF FREEDOM OF A SOCIETY MAY (...) BE STUDIED BY\nCOMPARING ITS DEGREE IN RESPECT OF DIVERSE NORMS, AS WELL\nAS BY MAKING CROSS-CULTURAL COMPARISONS. (shrink)