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  1. Open Borders Without Open Access (conference version July 2019).Dan Demetriou - manuscript
    What are libertarian open borders advocates even advocating for? Is it, as the title to Michael Huemer’s influential essay suggests, a prima facie “right to immigrate”? Or is it, as the branding connotes, literal open borders, or a strong prima facie moral right to free movement across borders that entails a right to immigrate? In this paper, I peel apart the view that people have a strong moral right to freely cross international borders, or "open access," from the view that (...)
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  2. James Stacey Taylor, Markets with Limits: How the Commodification of Academia Derails Debate. New York: Routledge. 234pp. ISBN: 9781003251996. US $48.95 (Pbk). [REVIEW]Stephen Kershnar - forthcoming - Journal of Value Inquiry:1-6.
    James Stacey Taylor’s book – Markets with Limits: How the Commodification of Academia Derails Debate (New York: Routledge, 2022) – is excellent. He explores the errors that have derailed the discussion of the limits of markets, attempts to rerail the discussion through a clarifying taxonomy, and explains why the derailment occurred. He also argues that academic research should be governed by academic rather than market norms. The first part of his project succeeds. It is less clear whether the second and (...)
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  3. Against visitor bans: freedom of association, COVID-19 and the hospital ward.Emily McTernan - 2023 - Journal of Medical Ethics 49 (4):288-291.
    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 (...)
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  4. Heckling, Free Speech, and Freedom of Association.Emily McTernan & Robert Mark Simpson - 2023 - Mind 133 (529):117-142.
    People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech sometimes deserves priority. But what can we say, then, (...)
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  5. Perché essere panarchici. Una difesa consequenzialista degli stati volontari trans-territoriali.Davide Saracino - 2023 - Notizie di Politeia 39 (149):89-110.
    Panarchism is a political theory advocating a global society made up of voluntary trans-territorial states founded on explicit contracts signed between governments and prospective citizens. Throughout this paper, I first aim to clarify what panarchism entails from a theoretical and institutional standpoint. Thereafter, I examine the two most relevant arguments in support of panarchism: the intuitionist appeal to the value of consent and the consequentialist stress on the individual and/or social utility of a panarchist society. In this regard, I maintain (...)
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  6. Perché essere panarchici. Una difesa consequenzialista degli stati volontari trans-territoriali.Davide Saracino - 2023 - Notizie di Politeia 39 (149):89-110.
    Panarchism is a political theory advocating a global society made up of voluntary trans-territorial states founded on explicit contracts signed between governments and prospective citizens. Throughout this paper, I first aim to clarify what panarchism entails from a theoretical and institutional standpoint. Thereafter, I examine the two most relevant arguments in support of panarchism: the intuitionist appeal to the value of consent and the consequentialist stress on the individual and/or social utility of a panarchist society. In this regard, I maintain (...)
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  7. 2022 Global Religious Recognition Report. Cometan - 2022 - Preston, UK: The Religious Recognition Project.
    Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...)
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  8. Recognition of Religion or Belief (RoRB). Cometan - 2022 - Preston, UK: Astral Publishing.
    Recognition of Religion or Belief presents a global overview of the systems, laws and mechanisms states have established to recognise religions and beliefs and to legally register their affiliated organisations. Recognition of Religion or Belief is the first book of its kind to dedicate its contents to the recognition and registration issues, especially how they intersect with religious freedom conditions around the world. The book provides an analysis of the most up-to-date data on the recognition systems and registration procedures of (...)
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  9. Clarifying the effect of facial emotional expression on inattentional blindness.Dennis Redlich, Daniel Memmert & Carina Kreitz - 2022 - Consciousness and Cognition 100 (C):103304.
  10. Tailoring public health policies.Govind Persad - 2021 - American Journal of Law and Medicine 47 (2-3):176–204.
    In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, and even leaving one’s home. These policies often focus on specific activities or groups, rather than imposing the same limits across the board. In this Article, I consider the law and ethics of these policies, which I call tailored policies. In Part II, I identify two types of tailored policies--activity-based and (...)
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  11. The Union as a Basic Institution of Society.Mark R. Reiff - 2021 - American Philosophical Association Blog.
    While unionization is usually evaluated as an aspect of freedom of association—the idea being that workers have the right to associate and form unions if they want and have an equal right not to do so if they don't, I argue that this is a mistake. Instead of merely allowing unions to form or not depending on the preferences of workers, I argue that unions are a basic and therefore necessary institution of a just society. After analyzing and criticizing the (...)
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  12. Individual integrity, freedom of association and religious exemption.Peter Jones - 2020 - Critical Review of International Social and Political Philosophy 23 (1):94-108.
  13. Individual integrity, freedom of association and religious exemption.Peter Jones - 2020 - Critical Review of International Social and Political Philosophy 23 (1):94-108.
    Of the many questions Cécile Laborde addresses in her magisterial Liberalism’s Religion, several relate to what she describes as ‘the puzzle of exemptions’. I examine some of the issues raised by her efforts to solve that puzzle: whether her ideal of moral integrity squares with the nature of religious belief; whether we should find the case for collective religious exemptions in freedom of association and the ‘coherence interests’ of associations; how much significance we should give to the ‘competence interests’ of (...)
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  14. Heavenly citizenship.Andrej Poleev - 2020 - Enzymes 18.
    But our citizenship is in heaven. And we eagerly await a Savior from there, the Lord Jesus Christ, who, by the power that enables Him to subject all things to Himself, will transform our lowly bodies to be like His glorious body. – Philippians 3:20–21.
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  15. The Rights of Families and Children at the Border.Matthew J. Lister - 2018 - In Philosophical Foundations of Children's and Family Law. pp. 153-170.
    Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...)
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  16. Must a world government violate the right to exit?Rochelle DuFord - 2017 - Ethics and Global Politics 10 (1):19-36.
  17. Exit Left: Markets and Mobility in Republican Thought.Robert S. Taylor - 2017 - Oxford, UK: Oxford University Press.
    Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...)
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  18. Experiments in Distributive Justice and Their Limits.Michael Bennett - 2016 - Critical Review: A Journal of Politics and Society 28 (3-4):461-483.
    Mark Pennington argues political systems should be decentralized in order to facilitate experimental learning about distributive justice. Pointing out the problems with Pennington's Hayekian formulation, I reframe his argument as an extension of the Millian idea of 'experiments in living.' However, the experimental case for decentralization is limited in several ways. Even if decentralization improves our knowledge about justice, it impedes the actual implementation of all conceptions of justice other than libertarianism. I conclude by arguing for the compatibility of egalitarian (...)
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  19. Freedom of Association.Kimberley Brownlee - 2016 - In Kasper Lippert‐Rasmussen, Kimberley Brownlee & David Coady (eds.), A Companion to Applied Philosophy. Chichester, UK: Wiley. pp. 356–369.
    This chapter explores the contours of our freedoms to enter into and leave particular associations with particular people. The chapter highlights the fact that often our associations with each other are morally complex and, indeed, morally wrong. This moral complexity stems partly from the fact that associations are necessarily intersubjective: they affect the social needs, claims, and freedoms of at least two people. When our associations are morally wrong, we must determine whether they can be protected nonetheless by our sphere (...)
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  20. Free Time.Julie Rose - 2016 - Princeton: Princeton University Press.
    Recent debates about inequality have focused almost exclusively on the distribution of wealth and disparities in income, but little notice has been paid to the distribution of free time. Free time is commonly assumed to be a matter of personal preference, a good that one chooses to have more or less of. Even if there is unequal access to free time, the cause and solution are presumed to lie with the resources of income and wealth. In Free Time, Julie Rose (...)
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  21. Caring Relationships and Family Migration Schemes.Caleb Yong - 2016 - In Alex Sager (ed.), The Ethics and Politics of Immigration. pp. 61-83.
  22. Freedom of Association: It's Not What You Think.Kimberley Brownlee - 2015 - Oxford Journal of Legal Studies 35 (2):267-282.
    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) (...)
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  23. Citizens of Mars Ltd.Erik Persson - 2015 - In Charles S. Cockell (ed.), Human Governance Beyond Earth – Implications for Freedom. Springer. pp. 121-137.
    When the time comes to decide how to govern an extraterrestrial settlement there will be many alternatives to chose from. We will have the opportunity to try new and so far untested theories, but there are also some old forms of government that might be tempting to try again. We might for instance let the company whose activities on the world are the reason for the establishment govern the settlement. This has been tried before on our own planet both because (...)
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  24. Freedom of association is not the answer.Sarah Fine - 2013 - In Mark Timmons (ed.), Disputed Moral Issues: A Reader 3rd Edition. Oxford University Press. pp. 338-356.
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  25. Review of Elizabeth Anderson's Imperative of Integration. [REVIEW]Michael Merry - 2013 - Theory and Research in Education 11 (1):101-106.
    Notwithstanding some merits of Anderson's celebrated book, in this review essay I challenge her belief in school integration as a proxy for justice. I offer a number of criticisms, not least of which Anderson's habit of cherry picking the empirical evidence to make her argument; the absence of social class in her analysis of racial inequality, and thus her unhelpful homogenizing of 'black America'; and finally her perhaps unintentional, yet nevertheless very real and problematic, denigration of black space.
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  26. A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights.Corey Brettschneider - 2010 - Political Theory 38 (2):187-213.
    Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...)
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  27. Immigration, Association, and the Family.Matthew Lister - 2010 - Law and Philosophy 29 (6):717-745.
    In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what (...)
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  28. Freedom of Association as a Core Labor Right and the ILO: Toward a Normative Framework.Faina Milman-Sivan - 2009 - Law and Ethics of Human Rights 3 (2):110-153.
    Freedom of association operates as an organizational "meta-norm," appreciated both as an independent value and as a touchstone for the institutional design of the International Labour Organization . Despite the renewed interest of the ILO in various aspects of the norm, its understanding of freedom of association lacks a comprehensive normative framework. This article presents such a conceptual framework and a critical in-depth analysis of current ILO freedom of association jurisprudence. Freedom of association should be understood in terms of equitable (...)
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  29. What is freedom of association, and what is its denial?Larry Alexander - 2008 - Social Philosophy and Policy 25 (2):1-21.
    Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.
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  30. The Madisonian paradox of freedom of association.Richard Boyd - 2008 - Social Philosophy and Policy 25 (2):235-262.
    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 (...)
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  31. Industrial Saboteurs, Reputed Thieves, Communists, and the Freedom of Association.Keith E. Whittington - 2008 - Social Philosophy and Policy 25 (2):76-91.
    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 freedom of association claims (...)
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  32. Should Antidiscrimination Laws Limit Freedom of Association? The Dangerous Allure of Human Rights Legislation.Richard A. Epstein - 2008 - Social Philosophy and Policy 25 (2):123-156.
    This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...)
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  33. “Guilt by association” and the postwar civil libertarians.Ken I. Kersch - 2008 - Social Philosophy and Policy 25 (2):53-75.
    In recent years, the constitutional freedom of association has assumed a relatively low profile. Today, the most extended discussions of the right consider it as a second-order countervailing claim in civil rights cases involving questions of identity and the right to exclude. This article provides a brief overview of the right at a time when it was one of the most widely discussed, first-order constitutional rights, and when those discussions centered not on the right to exclude but on the question (...)
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  34. Organized Labor and American Law: From Freedom of Association to Compulsory Unionism.Paul Moreno - 2008 - Social Philosophy and Policy 25 (2):22-52.
    Though most legal and labor historians have depicted an American labor movement that suffered from legal disabilities, American law has never denied organized labor's freedom of association. Quite the contrary, unions have always enjoyed at least some favoritism in the law, and this status provided the essential element to their success and power. But, even during the heyday of union power (1930–47), organized labor never succeeded in gaining all of the privileges that it sought, not enough to stem its current (...)
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  35. Freedom of association in historical perspective: Stephen B. presser.Stephen B. Presser - 2008 - Social Philosophy and Policy 25 (2):157-181.
    This paper seeks to examine two conflicting strands in the United States Supreme Court's treatment of “freedom of association,” by exploring some aspects of the historical development of the doctrine. It suggests that there are two conceptions of “freedom of association,” an older, traditional one, that eschews forcing odious contact on members of associations, and a newer one which privileges antidiscrimination doctrines over “freedom from association.” These two conceptions still exist on the Court, resulting in irreconcilable decisions such as those (...)
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  36. Immigration and Freedom of Association.Christopher Heath Wellman - 2008 - Ethics 119 (1):109-141.
  37. Security and the 'war on terror': a roundtable.Julian Baggini, Alex Voorhoeve, Catherine Audard, Saladin Meckled-Garcia & Tony McWalter - 2007 - In Julian Baggini & Jeremy Strangroom (eds.), What More Philosophers Think. Continuum. pp. 19-32.
    What is the appropriate legal response to terrorist threats? This question is discussed by politician Tony McWalter, The Philosophers' Magazine editor Julian Baggini, and philosophers Catherine Audard, Saladin Meckled-Garcia, and Alex Voorhoeve.
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  38. Life to the Full: Rights and Social Justice in Australia.James Franklin (ed.) - 2007 - Ballan, Australia: Connor Court.
    A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam Gregg), The right to freedom (...)
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  39. A Rawlsian argument for extending family-based immigration benefits to same-sex couples.Matthew J. Lister - 2007 - University of Memphis Law Review 37 (Summer):763-764.
    In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based immigration rights. (...)
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  40. Tolerance and Freedom of Association.Deborah Hawkins - 2004 - Social Theory and Practice 30 (4):589-598.
  41. CHAPTER FIVE Freedom of Association and Religious Association.Kent Greenawalt - 1998 - In Amy Gutmann (ed.), Freedom of Association. Princeton University Press. pp. 109-144.
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  42. CHAPTER ONE Freedom of Association: An Introductory Essay.Amy Gutmann - 1998 - In Freedom of Association. Princeton University Press. pp. 1-32.
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  43. CHAPTER SIX Rights, Reasons, and Freedom of Association.Peter de Marneffe - 1998 - In Amy Gutmann (ed.), Freedom of Association. Princeton University Press. pp. 145-174.
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  44. Freedom of association and the right to exclude.Stuart White - 1997 - Journal of Political Philosophy 5 (4):373–391.