The fundamental freedoms of speech, conscience, privacy, and religion are now an essential part of the fabric of contemporary society, set down in our most basic laws and regularly invoked in our political and cultural debates. These freedoms play a vital role in securing the spaces and opportunities within which people are able to pursue their own lives in their own ways. Independence of Mind takes this accepted thought a step further, by exploring the ways in which the fundamental freedoms (...) help us to achieve something even more profound, by enabling us to arrive at beliefs, convictions and voices of our own, so that we truly come to think, believe and speak for ourselves in the rich and various ways that the freedoms then protect. Privacy grants us the distance and refuge from others necessary to develop views of our own; freedom of speech calls on us to imagine ways of expressing ourselves that are both true to the views we have developed and innovative in their own right; freedom of conscience enables each of us to create a distinctive rational personality in which to embed the convictions that we wish to treat as non-negotiable; freedom of religion allows groups of us to endorse certain beliefs as articles of faith, free from the full demands of rational scrutiny. Much has been written about the political and legal implications of the fundamental freedoms and their entrenchment in bills of rights. This is the first book to undertake a comprehensive philosophical examination of their moral bases. It offers a penetrating analysis of what makes these particular freedoms matter to us in the ways that they do, and of the true significance of their entrenchment in law. (shrink)

In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what women need we (...) must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies. (shrink)

Draft, not yet submitted for publication. Posted 12 February 2008.

How can law help build community? Don't people typically have good reason to pursue their own courses at the cost of life in common? This book goes beyond the familiar debates in jurisprudence, exploring the ways in which the rational appeal of law requires the support of other means of persuasion, most obviously enforcement, but also beguilement.

This paper explores the extent to which our assessment of how we ought to live, including how we ought to live under the guidance of law, is arrived at by engaging with our predicament in all its d...

ABSTRACT Justice has become the dominant currency in which we frame our aspirations for a better world. Yet is it adequate to the task? Why not be generous to others, rather than merely just? Why be so concerned with keeping score, when part of the point of keeping score is to ensure that one does not contribute more than one's due? One response, pressed particularly by feminists, is that we should be suspicious of alternatives to justice, precisely because they are (...) by their nature less than fully just. Yet this response risks begging the question. Another possibility is that justice is the currency of a distinctive, recognizably modern social order, and the institutions and practices that embody that order. Justice makes certain goods more possible, goods that we are steeped in, out of which we have built much of our lives, in which we have couched our sense of progress. By the same token, it makes other, more organic, more communal, more opaque goods, less accessible. That is the price we pay for justice. We have reason to pay it in many cases, to accept it in others. Yet we also have reason to regret justice, even as we embrace it. (shrink)

In this article we consider and cast doubt on two doctrines given prominence and prestige by the utilitarian tradition in ethics. According to the interest theory of value, value is realized only in the advancement of people's interests. According to the well-being theory of interests, people's interests are advanced only in the augmentation of their well-being. We argue that it is possible to resist these doctrines without abandoning the value-humanist doctrine that the value of anything has to be explained in (...) terms of its potential to contribute to human lives and their quality. (Published Online November 24 2006). (shrink)