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  1. Marilyn Friedman (2006). Nancy J. Hirschmann on the Social Construction of Women's Freedom. Hypatia 21 (4):182-191.
    : Nancy J. Hirschmann presents a feminist, social constructionist account of women's freedom. Friedman's discussion of Hirschmann's account deals with (1) some conceptual problems facing a thoroughgoing social constructionism; (2) three ways to modify social constructionism to avoid those problems; and (3) an assessment of Hirschmann's version of social constructionism in light of the previous discussion.
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  2. Adam Hosein (2013). Immigration and Freedom of Movement. Ethics and Global Politics 6 (1).
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  3. Enzo Rossi (2013). Can Tolerance Be Grounded in Equal Respect? European Journal of Political Theory 12 (3):240-252.
    In this paper I argue that equal respect-based accounts of the normative basis of tolerance are self-defeating, insofar as they are unable to specify the limits of tolerance in a way that is consistent with their own commitment to the equal treatment of all conceptions of the good. I show how this argument is a variant of the long-standing ‘conflict of freedoms’ objection to Kantian-inspired, freedom-based accounts of the justification of systems of norms. I criticize Thomas Scanlon’s defence of ‘pure (...)
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  4. Jim Ruiz & D. F. Treadwell (2002). The Perp Walk: Due Process V. Freedom of the Press. Criminal Justice Ethics 21 (2):44-56.
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  5. Mark C. Vopat (2010). Mandatory School Uniforms and Freedom of Expression. Ethics and Education 5 (3):203 - 215.
    On 10 December 2007 the Akron City School Board ? following the precedent set by many school systems across the United States and the world ? instituted a policy of mandatory school uniforms for all students in grades K?8. The measure was met with mixed reviews. While many parents supported the measure, a small group of parents from a selective, arts-focussed, middle school (grades 4?8) objected to the policy. It was their contention that children attending this particular school should be (...)
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Freedom of Assembly
  1. Kylie Bourne (2011). Commanding and Controlling Protest Crowds. Critical Horizons 12 (2):189-210.
    Police and authorities have increasingly adopted "command and control" strategies to the policing of intentionally peaceful protest crowds. These strategies work to close down access to a physical space in which a protest is to occur and thus in turn they effectively restrict the capacity of a citizen to engage in the democratic right of peaceful protest.
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  2. Corey Brettschneider (2010). When the State Speaks What Should. Perspectives on Politics.
  3. Kimberley Brownlee, Civil Disobedience. Stanford Encyclopedia of Philosophy.
  4. Carl F. Taeusch (1952). Freedom of Assembly. Ethics 63 (1):33-43.
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Freedom of Association
  1. Larry Alexander (2008). What is Freedom of Association, and What is its Denial? 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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  2. Julian Baggini, Alex Voorhoeve, Catherine Audard, Saladin Meckled-Garcia & Tony McWalter (2007). Security and the 'War on Terror': A Roundtable. In Julian Baggini & Jeremy Stangroom (eds.), What More Philosophers Think. Continuum.
    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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  3. Richard Boyd (2008). The Madisonian Paradox of Freedom of Association. 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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  4. Corey Brettschneider (2010). A Transformative Theory of Religious Freedom. 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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  5. Richard A. Epstein (2008). Should Antidiscrimination Laws Limit Freedom of Association? The Dangerous Allure of Human Rights Legislation. 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 label to boost (...)
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  6. Sarah Fine (2010). Freedom of Association is Not the Answer. Ethics 120 (2):338-356.
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  7. Deborah Hawkins (2004). Tolerance and Freedom of Association. Social Theory and Practice 30 (4):589-598.
  8. Faina Milman-Sivan (2009). Freedom of Association as a Core Labor Right and the ILO: Toward a Normative Framework. Law and Ethics of Human Rights 3 (2):110-153.
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  9. Paul Moreno (2008). Organized Labor and American Law: From Freedom of Association to Compulsory Unionism. 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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  10. Stephen B. Presser (2008). Freedom of Association in Historical Perspective. 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 by exploring some aspects of the historical development of the doctrine. It suggests that there are two conceptions of an older, traditional one, that eschews forcing odious contact on members of associations, and a newer one which privileges antidiscrimination doctrines over These two conceptions still exist on the Court, resulting in irreconcilable decisions such as those permitting the Boy Scouts to exclude gay scoutmasters, but (...)
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  11. Christopher Heath Wellman (2008). Immigration and Freedom of Association. Ethics 119 (1):109-141.
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  12. Stuart White (1997). Freedom of Association and the Right to Exclude. Journal of Political Philosophy 5 (4):373–391.
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  13. Keith E. Whittington (2008). Industrial Saboteurs, Reputed Thieves, Communists, and the Freedom of Association. 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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Freedom of Movement
  1. Speranta Dumitru (2013). Des visas, pas de l'aide! de la migration comme substitut de l'aide au développement. Éthique Publique. Revue Internationale D’Éthique Sociétale Et Gouvernementale 15 (2):77-98.
    If migration is more effective than aid for fighting poverty, should it replace aid? Not always. This article proposes a criterion that may be used to distinguish between cases where migration should serve as a substitute for development assistance and cases where it should supplement such aid. According to this criterion, development agendas are poverty-efficient when they lift the largest possible number of people out of poverty. Therefore, to be poverty-efficient, development agendas should always aim to complement aid with policies (...)
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  2. Speranta Dumitru (2012). Migration and Equality: Should Citizenship Levy Be a Tax or a Fine? Les Ateliers de l'Éthique / the Ethics Forum 7 (2):34-49.
    It is often argued that development aid can and should compensate the restrictions on migration. Such compensation, Shachar has recently argued, should be levied as a tax on citizenship to further the global equality of opportunity. Since citizenship is essentially a ‘birthright lottery’, that is, a way of legalizing privileges obtained by birth, it would be fair to compensate the resulting gap in opportunities available to children born in rich versus poor countries by a ‘birthright privilege levy’. This article sets (...)
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  3. Speranta Dumitru (2012). Skilled Migration: Who Should Pay for What? Diversities 14 (1):8-23.
    Brain drain critiques and human rights advocates have conflicting views on emigration. From a brain drain perspective, the emigration harms a country when emigrants are skilled and the source country is poor. From the human rights perspective, the right "to leave any country, including one's own" is a fundamental right, protected for all, whatever their skills. Is the concern with poverty and social justice at odds with the right to emigrate? At the beginning of the l970s, the economist Jagdish Bhagwati (...)
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  4. Iseult Honohan (2014). Domination and Migration: An Alternative Approach to the Legitimacy of Migration Controls. Critical Review of International Social and Political Philosophy 17 (1):31-48.
    Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...)
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  5. Iseult Honohan & Marit Hovdal-Moan (2014). Introduction: Domination, Migration and Non-Citizens. Critical Review of International Social and Political Philosophy 17 (1):1-9.
    In Europe and other regions of the world public debate concerning how many immigrants should be admitted, which rights those admitted should have, and which conditions can be required for access to citizenship is intense and enduring, and these have increasingly become central electoral issues. On the one hand, the harsh treatment of migrants is often a matter of public criticism; on the other hand, states are concerned about problems of welfare, security and social unrest that they have come to (...)
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  6. Antoinette Scherz & Rebecca Welge (2014). Union Citizenship Revisited: Multilateral Democracy as Normative Standard for European Citizenship. Journal of Ethnic and Migration Studies.
    Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...)
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Freedom of Religion
  1. Guy Axtell (2003). Review of Rosenbaum. [REVIEW] Contemporary Pragmatism:178-187.
    There are many books on the market about religion in American thought and history, but the idea for a collection of essays focused directly upon pragmatist reconstructions of religious belief and sentiment is overdue. Stuart Rosenbaum’s reader admirably fills this need, and is bound to bring fresh insights to students and advanced researchers alike.
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  2. Zenon Ba|[Nacute]|Kowski (2004). Faith, Freedom and the Future: Religion in American Culture. Contemporary Political Theory 3 (2):236.
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  3. Rajeev Bhargava (1998). Secularism and its Critics. Oxford.
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  4. Sam Black (2007). Locke and the Skeptical Argument for Toleration. History of Philosophy Quarterly 24 (4):355-375.
  5. Paul Bou-Habib (forthcoming). Locke's Tracts and the Anarchy of the Religious Conscience. European Journal of Political Theory:1474885113499852.
    This article reconstructs the main arguments in John Locke’s first political writings, the highly rhetorical, and often obscure, Two Tracts on Government (1660–1662). The Tracts support the government’s right to impose religious ceremonies on its people, an astonishing fact given Locke’s famous defense of toleration in his later works. The reconstruction of the Tracts developed here allows us to see that rather than a pessimistic view of the prospects for peace under religious diversity, what mainly animates the young Locke is (...)
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  6. Corey Brettschneider (2010). A Transformative Theory of Religious Freedom. 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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  7. Winfried Brugger (2009). From Animosity to Recognition to Identification: Models of the Relationship of Church and State and the Freedom of Religion. In Barend Christoffel Labuschagne & Ari Marcelo Solon (eds.), Religion and State - From Separation to Cooperation?: Legal-Philosophical Reflections for a de-Secularized World (Ivr Cracow Special Workshop). Nomos.
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  8. Stephen Clark (2009). Understanding Faith: Religious Belief and its Place in Society. Imprint Academic.
  9. Stephen R. L. Clark (2002). Review: Religious Commitment and Secular Reason. [REVIEW] Mind 111 (443):639-643.
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  10. Stephen R. L. Clark (1993). Book Review : Anarchy and Christianity by Jacques Ellul, Translated by G. W. Bromiley. Grand Rapids, Michigan, Eerdmans, 1988. Vi + 110pp. No Price. [REVIEW] Studies in Christian Ethics 6 (1):52-55.
  11. Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...)
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  12. Evan Fales, Are the Gods Apolitical? Philo.
    The attraction between religion and politics is perennial. Sometimes, in its long and checkered history, it has led to an adulterous affair. I want to ask what lies at the heart of this attraction, and whether that can shed any light on the current religious/political scene. But the romance metaphor is at bottom not a good one. I shall argue that, in their originary condition, religion and politics are "closer," both ontologically and in their motivation, than woman and man, closer (...)
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  13. Edward Halper (2004). Spinoza on the Political Value of Freedom of Religion. History of Philosophy Quarterly 21 (2):167-182.
    The last chapter of Spinoza's Theological-Political Treatise (TTP) is a brief for freedom of religion. In our enthusiasm for Spinoza's conclusion it is easy to overlook the blatant contradiction between this thesis and the central claim of the immediately preceding chapter that "right over matters of religion is vested entirely in the sovereign." There Spinoza emphasizes the necessity that there be but one sovereign in the state and the threat that autonomous religious authorities would pose to the authority of this (...)
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  14. Zachary Hoskins (2009). ''On Highest Authority: Do Religious Reasons Have a Place in Public Policy Debates?''. Social Theory and Practice 35 (3):393-412.
    This paper examines whether religious reasons have a legitimate place in a liberal democracy's policy debates. Robert Audi, building from Rawlsian themes, contends that civic virtue obliges religious citizens who advocate for public policies to have sufficiently motivating secular reasons. Others contend it's unfair to exclude reasonable citizens from policy debates merely because their only reasons are religious ones. This essay seeks to reconcile the intuitions behind these competing views. I examine Audi's account of the differences between religious and secular (...)
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  15. Hugh LaFollette (1989). Freedom of Religion and Children. Public Affairs Quarterly (1):75-87.
    In a number of recent federal court cases parents have sought to have their children exempted from certain school activities on the grounds that the children's participation in those activities violates their (the parents') right to freedom of religion. In Mozert v. Hawkin's County Public Schools (827 F. 2nd 1058) fundamentalist parents of several Tennessee public school children brought civil action against the school board for violating their constitutional right of freedom of religion. These parents sought to prevent their children (...)
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  16. Annabelle Lever (2013). 'Taxation, Conscientious Objection and Religious Freedom'. Ethical Perspectives 20 (1):144-153.
    This is part of a symposium on conscientious objection and religious freedom inspired by the US Catholic Church's claim that being forced to pay for health insurance that covers abortions (the effect of 'Obamacare')is the equivalent of forcing pacifists to fight. This article takes issue with this claim, and shows that while it would be unjust on democratic principles to force pacifists to fight, given their willingness to serve their country in other ways, there is no democratic objection to forcing (...)
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  17. Marek Piechowiak (2012). Wolność religijna i dyskryminacja religijna – uwagi w kontekście rezolucji Parlamentu Europejskiego z 20 stycznia 2011 r. [Freedom of Religion and Religious Discrimination – Remarks on the European Parliament Resolution of 20 January 2011]. In Stanisław Leszek Stadniczeńko (ed.), Urzeczywistnianie wolności przekonań religijnych i praw z niej wynikających. Redakcja Wydawnictw Wydziału Teologicznego Uniwersytetu Opolskiego. 103-139.
    The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that arise (...)
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  18. Marek Piechowiak (2011). Negatywna wolność religijna i przekonania sekularystyczne w świetle sprawy Lautsi przeciwko Włochom [Negative Religious Freedom and Secular Thought in the Light of the Case of Lautsi v. Italy]. Przegląd Sejmowy 19 (5 (106)):37-68.
    The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...)
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  19. Michaela Rehm (2014). Cement of Society? Why Civil Religion is Unfit to Create Social Bonds. In Dieter Thomä, Christoph Henning & Hans Bernhard Schmid (eds.), Social capital, social identities: From ownership to belonging. De Gruyter. 123-134.
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  20. Gidon Sapir & Daniel Statman (2005). Why Freedom of Religion Does Not Include Freedom From Religion. Law and Philosophy 24 (5):467-508.
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  21. D. M. Shaw & J. Busch (2012). Rawls and Religious Paternalism. Journal of Medicine and Philosophy 37 (4):373-386.
    MacDougall has argued that Rawls’s liberal social theory suggests that parents who hold certain religious convictions can legitimately refuse blood transfusion on their children’s behalf. This paper argues that this is wrong for at least five reasons. First, MacDougall neglects the possibility that true freedom of conscience entails the right to choose one’s own religion rather than have it dictated by one’s parents. Second, he conveniently ignores the fact that children in such situations are much more likely to die than (...)
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  22. Roger Trigg (2012). Equality, Freedom, and Religion. OUP Oxford.
    Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is (...)
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