This is a book that contrary to common practice, shows the commonalities of ancient and modern theories of freedom, law, and rational actions. Studying the works of the ancients is necessary to understanding those that follow. Thomas Chaimowicz challenges current trends in research on antiquity in his examination of Montesquieu's and Burk's path of inquiry. He focuses on ideas of balance and freedom. Montesquieu and Burke believe that freedom and balance are closely connected, for without balance (...) within a state there can be no freedom. When Montesquieu speaks of republics, he means those of antiquity as they were understood in the eighteenth century. In this view, freedom can develop only within the framework of established tradition. Edmund Burke's greatest service to political thought may lie in making use of this idea when he fought against the abstractions of the French Revolutionaries. Antiquity as the Source of Modernity examines Montesquieu's "Roman mind," meaning not an attitude influenced by the ancients, but one primarily influenced by Roman heritage. It speaks to the antithesis of monarchy and despotism in Montesquieu's thought and the influence of Tacitus and Pliny the Younger on him. The separation of powers and its relation to the concept of the mixed constitution as well as Montesquieu's smaller masterpiece Considerations on the Causes of the Grandeur and Decadence of the Romans are examined in detail. Finally, the discussion leads seamlessly to Burke, who, as a critical admirer of Montesquieu, partly incorporated his interpretation of the English constitution into his own thinking threatened by teachings of the French Revolution and its British adherents. The central idea of Antiquity as the Source of Modernity is timeless. It is that the ancient past can lead to a clearer understanding of what follows. This perspective represents a reversal of the conventional procedures for conducting this kind of research, but it is a reversal that Chaimowicz embraces in order to add a new dimension to the study and impetration of both Montesquieu and Burke. Thomas Chaimowicz was a distinguished visiting professor at the International Academy of Philosophy in the Principality of Liechtenstein and honorary professor of Roman Lay at the University of Salzburg. This is the final work commissioned by the late Russell Kirk for his efforts on behalf of the Transaction Library of Conservative Thought. (shrink)

Freedom of thought is a fundamental human right, enshrined in many human rights treaties. It might very well be the only human right without any practical application. The paper reconstructs scope and meaning of this forgotten right and proposes four principles for its interpretation. In the age of neuroscientific insights and interventions into mind and brain that afford to alter thoughts, the time for the law to define freedom of thought in a way that lives up (...) to its theoretical significance has come. (shrink)

This Article examines a constitutional problem that largely goes unnoticed and unexamined by legal scholars — the problem of technosocial engineering of humans. After defining terms and explaining the nature of the problem, I explain how techno-social engineering of humans is easily ignored, as we perform constrained cost-benefit analyses of incremental steps without contemplating the path we are on. I begin with two nonfiction stories, one involving techno-social engineering of human emotions and a second involving technosocial engineering of children’s preferences. (...) The stories highlight incremental steps down a path. Then, through plausible fictional extensions, I explore steps further down the path. The Article ends with a fact pattern familiar to every reader. It explains how the electronic contracting environment we experience regularly online is an example of techno-social engineering of humans with the intended consequence of nudging humans to behave like machines — perfectly rational, predictable, and ultimately programmable. (shrink)

. Freedom of thought as freedom of expression: Hate crime sentencing enhancement and first amendment theory. Criminal Justice Ethics: Vol. 11, No. 2, pp. 29-42.

This paper aims to explore conceptual relationships between philosophical developments to support freedom of speech in John Milton´s Areopagitica and Johann Gottlieb Fichte´s Reclamation of the Freedom of Thought. I intend to enhance the philosophical heritance collected and recreated by Fichte. This paper hypothesizes that both theories state that freedom of speech is a condition for the development of morality. In both cases, moral deliberation has a public character, given that moral judgment needs the consideration of (...) different viewpoints about the question at stake. Finally, in both cases, it is defended a republican concept of power, characterized by opposition to moral paternalism, as a form of despotism. (shrink)

ABSTRACTPatočka highlights the central role of Cartesianism in our tradition of thinking. Yet, today, brain scientists often claim to have overcome Cartesian dualism. In this paper, I argue that the Cartesian conceptions of human nature and sensory perception remain presuppositions of brain science, where perception is largely equated with thinking. Equating perception and thinking means that thinking is a determined process, which leads to an erosion of critique. Critique, and the freedom of thought it entails, is essential to (...) Descartes, Husserl and Patočka. I examine the differences, as well as the relationship, between Descartes method of doubt, Husserl’s phenomenological epochē and Patočka’s universalization of the epochē. I also show how Descartes’, Husserl’s and Patočka’s way into critique present different ways to understand self, things and the world. In conclusion, I suggest that Patočka presents a promising way to critique mechanistic understandings of thinking by rethinking both subject and object. (shrink)

This volume of essays is an important introduction to the thought of one of the twentieth century's most significant yet underappreciated philosophers, Richard McKeon. The originator of philosophical pluralism, McKeon made extraordinary contributions to philosophy, to international relations, and to theory-formation in the communication arts, aesthetics, the organization of knowledge, and the practical sciences. This collection, which includes a philosophical autobiography as well as the out-of-print title essay "Freedom and History" and a previously unpublished essay on "Philosophic Semantics (...) and Philosophic Inquiry," is a testimony to the range and systematic power of McKeon's thinking for the social sciences and the humanities. (shrink)

Stated briefly, the problem of this thesis centers around Jonathan Edwards' interpretation and meaning of freedom of the will and the contrast of this to the meaning employed by St. Thomas. Jonathan Edwards was a defender of the doctrines of John Calvin. His work, The Freedom of the Will, is directed to a defense of two particular Calvinistic doctrines, primarily the absolute sovereignty of the divine will and secondarily the predestination of man, by showing that freedom of (...) the will is no~ incompatible with this absolute sovereignty and predestination. However, in the presentation of his defense, the author feels that the solutions to the conflicts and problems which necessarily arise in the discussion of such a difficult topic present considerable variation to views held by St. Thomas. It is the purpose of this thesis to analyze the solutions to these conflicts and problems and to indicate any differences that may be discovered between Edwards' interpretation of the freedom of the will and that of St. Thomas. It should be.noted that the original work of Jonathan Edwards bore the title: A careful and strict Enquiry into The modern prevailing Notions Of That FREEDOM OF WILL, Which is supposed to be essential To Moral Agency, Virtue and Vice, Reward and Punishment, Praise Blame. Since that time, the title has been considerably shortened so that the work has come to be known simply as the Freedom of the Will, and is often referred to, for brevity, simply as the Inquiry. Edwards' work was written in 1754 and first published in that ea.me year in Boston by S. Kneeland. The text used in this paper is one edited by Paul Ramsey from this original edition. One precautionary warning must be given. Because of the several changes that occur in a language over a long period of time, some one hundred to two hundred years in this case, the reader will note what appear to be errors in grammar, spelling and punctuation, not only in the works of Edwards himself, but also in related writing by subsequent authors. No attempt has been made by the author of this present work, to change any such "apparent" errors. Excerpts used have been quoted as they appeared in the works cited. Any structural changes that may have been made in the writings of Edwards were the doings of those who edited them. In view of the brevity of such a work as this in contrast to the profundity and depth of the man, Jonathan Edwards, whose Freedom of the Will is the fulcrum of this paper, no consideration can be given to the personality behind the writings. Consequently, any criticisms or refutations that may occur are to be referred only to what Edwards said, as expressed in his writings and in the reviews of others, and in no way are to be interpreted as a defamation of his character. Jonathan Edwards was an upright man of firm belief and constant devotion and dedication to his cause. The present work is not a character analysis or investigation. It seeks only to illuminate what the man said and to view this in the ever-awing light of truth. (shrink)

Balancing citizens’ freedom thought, conscience and religion with the authority of the law which applies to all citizens alike presents an especial challenge for the governments of European nations with socially diverse and pluralistic populations. I address this problem from within the republican tradition represented by Machiavelli, Harrington and Madison. Republicans have historically focused on public debate as the means to identify a set of shared interests which the law should uphold in the interests of all. Within pluralistic (...) societies, however, a greater attention must be paid to the background social conditions that may disrupt the deliberative process and lead to factionalism and instability. This includes certain changes in perspectives by both religious and secular citizens. (shrink)

This volume of essays is an important introduction to the thought of one of the twentieth century's most significant yet underappreciated philosophers, Richard McKeon. The originator of philosophical pluralism, McKeon made extraordinary contributions to philosophy, to international relations, and to theory-formation in the communication arts, aesthetics, the organization of knowledge, and the practical sciences. This collection, which includes a philosophical autobiography as well as the out-of-print title essay "Freedom and History" and a previously unpublished essay on "Philosophic Semantics (...) and Philosophic Inquiry," is a testimony to the range and systematic power of McKeon's thinking for the social sciences and the humanities. (shrink)

Freedom of thought has been lauded in political theory and celebrated in human rights discourse. But what kind of freedom is it? I propose that freedom of thought deserves status as a basic liberty, given the significance of thought to human life, the fundamental importance of freedom of thought in establishing and sustaining crucial rights and freedoms, and the value of being able to develop and experience one’s thoughts without undue influence from (...) others. (shrink)

Freedom of thought is often explicitly protected in constitutions and human rights documents, and even more often employed as a rallying cry against state tyranny. It is not so clear, however, just what freedom of thought is, what it would be to threaten it, and how, if at all, it differs from basic liberty or freedom. This essay seeks to analyze the idea of freedom of thought, to pose some skeptical questions about its (...) alleged independent existence, and to ask, again with a skeptical mindset, what it is to protect it and why its protection should be so commonly valued. (shrink)

I offer a reading of the role of freedom in Descartes’ Meditations and other writings that sees freedom’s role in “assenting to ideas” as a matter of psychological possibility, and its role in acti...

Consideration of the German philosophy and political history of the past century might well give the impression, and often does give foreign observers the impression, that liberalism, including in particular commitment to the ideal of free thought and expression, is only skin-deep in Germany. Were not Heidegger's disgust at Gerede (which of course really meant the free speech of the Weimar Republic) and Gadamer's defense of "prejudice" and "tradition" more reflective of the true instincts of German philosophy than, say, (...) the Frankfurt School's heavily Anglophone-influenced championing of free thought and expression? Were not the Kaiser and Nazism more telling of Germany's real political nature than the liberalism of the Weimar Republic (a desperate, ephemeral experiment undertaken in reaction to Germany's disastrous defeat in World War I) or the liberalism of (West) Germany since 1945 (in effect forced on the country by the victorious Allies after World War II)? (shrink)

ABSTRACT Some of the most compelling contemporary ethical questions surround 21st Century neuroscientific technologies. Among these, neurocognitive intervention technologies allow an unprecedented ability to alter thought. Concerns exist about their impact on individual freedom, behavior and personhood. They could also distort society, eroding core values of dignity, equality, and diversity. Potent laws are needed to anchor regulation in this rising field. The article explores how the long-neglected human right of Freedom of Thought might protect the integrity (...) of the mind at the legal system’s highest level. Sample cases illustrate how it could be given effect ethically and legally to set boundaries for neurocognitive intervention. (shrink)

This essay introduces basic issues that make up the topic of freedom of thought, including newly emerging issues raised by the current proliferation of Internet search algorithms.

This essay is part of a special issue celebrating 50 years of Political Theory. The ambition of the editors was to mark this half century not with a retrospective but with a confabulation of futures. Contributors were asked: What will political theory look and sound like in the next century and beyond? What claims might political theorists or their descendants be making in ten, twenty-five, fifty, a hundred years’ time? How might they vindicate those claims in their future contexts? How (...) will the consistent concerns of political theorists evolve into the questions critical for people decades or centuries from now? What new problems will engage the political theorists (or their rough equivalents) of the future? What forms might those take? What follows is one of the many confabulations published in response to these queries. (shrink)

Differentiates inquiry from interpretation in order to secure a foundation for truth.

_Differentiates inquiry from interpretation in order to secure a foundation for truth._.

The legacy of George W. Bush will probably be associated with the President’s infallibly certain style of visionary leadership and his specific vision of a ‘Freedom Agenda’. According to this vision, the United States must spread democracy to all people who desire liberty and vanquish those tyrants and terrorists who despise it. Freedom is universally valued, and the United States is everywhere perceived as freedom’s protector and purveyor. So, the mission of the Freedom Agenda is to (...) guard existing freedoms as well as spread the democratic political system to those countries lacking comparable freedoms. Recent analyses of the Bush Freedom Agenda examine its roots in realist foreign policy and neoconservative political thought. In this paper, I take a different approach, connecting the Freedom Agenda to the ideas of two philosophers: (i) Isaiah Berlin’s notion of positive-negative liberty and (ii) John Dewey’s concept of freedom as a function of culture. My central claim is that when compared with the ideas of Berlin and Dewey, the Freedom Agenda is a faulty construct, both conceptually and practically, for understanding America’s role in global affairs. The Freedom Agenda proves to be neither conservative nor universal. Nevertheless, it constitutes an essential element of George W. Bush’s legacy, a vision of American purpose in a threatening and divisive world. (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)

This is a philosophical book about the idea of human freedom in the context of Chinese philosophy on truth, the good, and beauty. The book shows that there is a coherent and sophisticated philosophical discourse on human freedom throughout the history of Chinese Philosophy in aesthetics, ethics, and epistemology. Feng Qi discusses the development of freedom in light of the Marxist theory of practice. In the history of philosophy, the relation between thought and existence, which is (...) fundamental to philosophy, has stimulated many debates. These debates, though they have assumed diverse forms in Chinese and Western philosophy, have eventually concentrated on three inquiries: the natural world (the objective material world); the human mind; and the concepts, categories, and laws that are representative forms of nature in the human mind and in knowledge. In Chinese philosophy, the three inquiries are summarized using three notions: qi (气 breath, spirit), xin (心 heart), dao (道 the Way). What relationship do the three notions have with each other? This book explores the way to human freedom through the divergent paths in Chinese philosophy. This book’s investigation of human activities brings the typical Chinese philosophical discourse from the cosmological realm into the realm of human beings as individuals. In this regard, the three inquiries can be described as being about real life, ideals, and individuals. (shrink)

Full freedom of religion did not come into existence until the end of the 18th century, and authentic dialogue only in the 20th century. All civilizations had at their heart a religion which shaped and reflected that civilization; all problems had to be resolved within the thought-struc- tures of the dominant state-enforced religion. Those thought limitations sooner or later prevented arriving at the necessary solutions, and thus led to the decline of every civilization – except Christendom-Become-West- ern (...) Civilization-Becoming-Global Civilization, which has exponentially surpassed all previous civilizations. The separation of religion from the power of the state has al- lowed the “infinite” spirit of humanity (“Image of God”) to continually resolve the always new problems. Dia- logue, meaning being open to learn from the “other,” moves Globalization from destruction toward construc- tion. (shrink)

This article clarifies how the freedom of thought as a human right can be understood and promoted as a right of mental health service users, especially people with psychotic disorder, by using Martha Nussbaum’s capabilities approach and Fulford’s and Fulford et al ’s values-based practice. According to Nussbaum, freedom of thought seems to primarily protect the capability to think, believe and feel. This capability can be promoted in the context of mental health services by values-based practice. (...) The article points out that both Nussbaum’s approach and values-based practice recognise that people’s values differ. The idea of involving different actors and service users in mental healthcare is also common in both Nussbaum’s approach and values-based practice. However, there are also differences in that values-based practice relies on a ‘good process’ in decision-making, whereas the capabilities approach is oriented towards a ‘right outcome’. However, since process and outcome are linked with each other, these two approaches do not necessarily conflict despite this difference. The article suggests that absolute rights are possible within the two approaches. It also recognises that the capabilities approach, values-based practice and human rights approach lean on liberal values and thus can be combined at least in liberal societies. (shrink)

This article clarifies how the freedom of thought as a human right can be understood and promoted as a right of mental health service users, especially people with psychotic disorder, by using Martha Nussbaum’s capabilities approach and Fulford’s and Fulford _et al_’s values-based practice. According to Nussbaum, freedom of thought seems to primarily protect the capability to think, believe and feel. This capability can be promoted in the context of mental health services by values-based practice. The (...) article points out that both Nussbaum’s approach and values-based practice recognise that people’s values differ. The idea of involving different actors and service users in mental healthcare is also common in both Nussbaum’s approach and values-based practice. However, there are also differences in that values-based practice relies on a ‘good process’ in decision-making, whereas the capabilities approach is oriented towards a ‘right outcome’. However, since process and outcome are linked with each other, these two approaches do not necessarily conflict despite this difference. The article suggests that absolute rights are possible within the two approaches. It also recognises that the capabilities approach, values-based practice and human rights approach lean on liberal values and thus can be combined at least in liberal societies. (shrink)

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include (...) the protection of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators. (shrink)

In recent years, there has been increased academic interest in the human right to freedom of thought (RFoT). Scholars from various disciplines are currently debating the content and scope of this right. In his annual thematic report of 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief paid explicit and comprehensive attention to the RFoT, encouraging further clarification of the content and scope of the right. This paper aims to contribute to this end, setting (...) the stage for further research, by offering a multidisciplinary analysis of the RFoT’s scope, relation to other rights, practical significance and moral foundations. (shrink)