Search results for 'freedom of association' (try it on Scholar)

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  1. The Secretary of the Association (1909). A Report of the Meeting of the North Central Association of Teachers of Psychology in Normal Schools and Colleges. Journal of Philosophy, Psychology and Scientific Methods 6 (11):295-299.score: 1500.0
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  2. Andres Moles (2014). The Public Ecology of Freedom of Association. Res Publica 20 (1):85-103.score: 720.0
    This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The (...)
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  3. Kamal Halili Hassan & Mostafa Seraji (2013). Addressing Workers' Freedom of Association and its Dispute Resolution in the Context of the Shari'ah. Human Rights Review 14 (2):89-105.score: 720.0
    Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods (...)
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  4. Douglas Sturm (1992). Natural Law, Liberal Religion, and Freedom of Association: James Luther Adams on the Problem of Jurisprudence. Journal of Religious Ethics 20 (1):179 - 207.score: 549.0
    In contrast to classical natural law theory and traditional individualist liberalism, James Luther Adams develops a version of natural law doctrine grounded in liberal religion. In its ontological dimension, his natural law doctrine is derived from a communal understanding of the character of reality. In its institutional dimension, his natural law doctrine promotes a kind of democracy in which freedom of association is central. From this perspective, law is a practice intended to empower persons through their several (...)
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  5. Richard Boyd (2008). The Madisonian Paradox of Freedom of Association. Social Philosophy and Policy 25 (2):235-262.score: 540.0
    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, (...)
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  6. Larry Alexander (2008). What is Freedom of Association, and What is its Denial? Social Philosophy and Policy 25 (2):1-21.score: 540.0
    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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  7. Paul Moreno (2008). Organized Labor and American Law: From Freedom of Association to Compulsory Unionism. Social Philosophy and Policy 25 (2):22-52.score: 540.0
    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 (...)
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  8. Keith E. Whittington (2008). Industrial Saboteurs, Reputed Thieves, Communists, and the Freedom of Association. Social Philosophy and Policy 25 (2):76-91.score: 540.0
    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 (...)
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  9. Amy Gutmann (ed.) (1998). Freedom of Association. Princeton University Press.score: 540.0
    "This collection of essays is the best one-volume introduction to a timely topic: the nature, purposes, moral justifications of (and limitations on) freedom of association in liberal democracies.
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  10. 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.score: 537.0
    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 (...)
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  11. Karen Struening (1996). Feminist Challenges to the New Familialism: Lifestyle Experimentation and the Freedom of Intimate Association. Hypatia 11 (1):135 - 154.score: 522.0
    The new familialists argue that the decline of the intact two-parent family is responsible for our most pressing social problems and advocate public policies designed to promote family stability and discourage divorce and nonmarital births. This essay defends the freedom of intimate association and argue that family stability, while an important good, must be balanced with other goods such as equality and justice within the family, happiness, and individual self-development.
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  12. Stephen B. Presser (2008). Freedom of Association in Historical Perspective. Social Philosophy and Policy 25 (2):157-181.score: 470.0
    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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  13. Stuart White (1997). Freedom of Association and the Right to Exclude. Journal of Political Philosophy 5 (4):373–391.score: 459.0
  14. 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.score: 459.0
  15. Christopher Heath Wellman (2008). Immigration and Freedom of Association. Ethics 119 (1):109-141.score: 450.0
  16. Sarah Fine (2010). Freedom of Association is Not the Answer. Ethics 120 (2):338-356.score: 450.0
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  17. Deborah Hawkins (2004). Tolerance and Freedom of Association. Social Theory and Practice 30 (4):589-598.score: 450.0
  18. Erik A. Anderson (1999). Amy Gu Tmann, Ed., Freedom of Association Reviewed By. Philosophy in Review 19 (3):183-185.score: 450.0
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  19. Lance Compa (2012). Do International Freedom of Association Standards Apply to Public Sector Labor Relations in the United States? Human Rights Review 13 (3):373-378.score: 450.0
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  20. Arash Abizadeh (2008). Border Coercion and Democratic Legitimacy: Freedom of Association, Territorial Dominion, and Self-Defence. Political Theory 35 (1):37-65.score: 450.0
  21. Martin H. Malin (1994). Book Note,(Commenting on Sheldon Leader, Freedom of Association: A Study in Labor Law and Political Theory). Ethics 104:670.score: 450.0
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  22. Mathieu Thierry Ngosso Ngosso (2012). Compte-Rendu de Frankel, Miller, Paul (Eds), Freedom of Association. Ethical Perspectives 19:353-357.score: 450.0
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  23. Maina Kiai & Jeff Vize (2014). Three Years After Tunisia: Thoughts and Perspectives on the Rights to Freedom of Assembly and Association From United Nations Special Rapporteur Maina Kiai. Journal of Global Ethics 10 (1):114-121.score: 444.0
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  24. Corey Brettschneider (2010). When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion. Perspectives on Politics 8 (4):1005-1019.score: 381.0
    Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be (...)
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  25. Seth Shabo (2007). Flickers of Freedom and Modes of Action: A Reply to Timpe. Philosophia 35 (1):63-74.score: 333.0
    In recent years, many incompatibilists have come to reject the traditional association of moral responsibility with alternative possibilities. Kevin Timpe argues that one such incompatibilist, Eleonore Stump, ultimately fails in her bid to sever this link. While she may have succeeded in dissociating responsibility from the freedom to perform a different action, he argues, she ends up reinforcing a related link, between responsibility and the freedom to act under a different mode. In this paper, I argue that (...)
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  26. Niklas Egels-Zandén & Jeroen Merk (2013). Private Regulation and Trade Union Rights: Why Codes of Conduct Have Limited Impact on Trade Union Rights. Journal of Business Ethics:1-13.score: 324.0
    Codes of conduct are the main tools to privately regulate worker rights in global value chains. Scholars have shown that while codes may improve outcome standards (such as occupational health and safety), they have had limited impact on process rights (such as freedom of association and collective bargaining). Scholars have, though, only provided vague or general explanations for this empirical finding. We address this shortcoming by providing a holistic and detailed explanation, and argue that codes, in their current (...)
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  27. Dori Kimel (2001). Neutrality, Autonomy, and Freedom of Contract. Oxford Journal of Legal Studies 21 (3):473-494.score: 306.0
    The article examines the popular notion that liberalism, or liberal theory of contract, is committed to a particularly rigid conception of the freedom of contract. The article argues that this notion is mistaken, and seeks to identify its roots in certain misconceptions of modern liberalism and its implications, and in a certain misunderstanding concerning the nature of contract. Neutral political concern, the value of personal autonomy, and finally the belief that contracts are identical to promises in terms of their (...)
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  28. David O. Brink (2001). Millian Principles, Freedom of Expression, and Hate Speech. Legal Theory 7 (2):119-157.score: 297.0
    Hate speech employs discriminatory epithets to insult and stigmatize others on the basis of their race, gender, sexual orientation, or other forms of group membership. The regulation of hate speech is deservedly controversial, in part because debates over hate speech seem to have teased apart libertarian and egalitarian strands within the liberal tradition. In the civil rights movements of the 1960s, libertarian concerns with freedom of movement and association and equal opportunity pointed in the same direction as egalitarian (...)
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  29. Sonu Bedi (2011). Expressive Exclusion: A Defense. Journal of Moral Philosophy 7 (4):427-440.score: 279.0
    Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that (...)
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  30. Jane D. Schweinsburg (1997). Family Friendly Libraries Vs. The American Library Association: A Test of Democracy. Journal of Information Ethics 6 (2):75-87.score: 273.0
  31. Chandran Kukathas (2007). The Liberal Archipelago: A Theory of Diversity and Freedom. OUP Oxford.score: 270.0
    In his major new work Chandran Kukathas offers, for the first time, a book-length treatment of this controversial and influential theory of minority rights. The work is a defence of a form of liberalism and multiculturalism. The general question it tries to answer is: what is the principled basis of a free society marked by cultural diversity and group loyalties? More particularly, it explains whether such a society requires political institutions which recognize minorities; how far it should tolerate such minorities (...)
     
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  32. E. Mendieta (2005). Communicative Freedom, Citizenship and Political Justice in the Age of Globalization. Philosophy and Social Criticism 31 (7):739-752.score: 267.0
    Seyla Benhabib’s The Claims of Culture: Equality and Diversity in the Global Era (2002), is considered in terms of three main virtues: first, it moves the question of political justice beyond the debate on the priority of recognition over distribution; second, it contributes to the expansion of the notion of communicative freedom and how it relates to rights; and third, it lays down the foundation for a cosmopolitan, post-nationalistic, form of citizenship that would have as its core the rights (...)
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  33. Theodore George (2011). Forgiveness, Freedom, and Human Finitude in Hegel's The Spirit of Christianity and Its Fate. International Philosophical Quarterly 51 (1):39-53.score: 261.0
    The purpose of this essay is to consider the significance that Hegel grants to religious love and, with it, forgiveness in his early The Spirit of Christianity and Its Fate. Although Hegel characterizes religious love in this writing as a unity that transcends reason, his association of such love with forgiveness nevertheless sheds light on an important aspect of human finitude. In this, Hegel may be seen to identify forgiveness as a form of freedom elicited by limits that (...)
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  34. James E. Royce (1988). Psychologists and Philosophy: The Birth of Division 24 of the American Psychological Association in 19621. Philosophical Psychology 1 (3):373-379.score: 261.0
    Abstract The founding of the Division of Philosophical Psychology of the American Psychological Association is reviewed in the light of the relations between psychology and philosophy at that time. A history of events leading to the formation of the division (24) in 1962 is presented by its first president?elect. The major issues were the role of philosophy in scientific psychology, teleology, dualism, and freedom versus determinism.
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  35. Francesca Raimondi (2013). The Presumption of Political Freedom. Symposium 17 (1):150-169.score: 261.0
    This paper first presents two prominent and antagonistic accounts of political freedom that identify the latter either with the expression of a collective, sovereign will, or with an open process of mutual recognition and consent-based association in action. In the paradigmatic formulations that Carl Schmitt and Hannah Arendt give of these two models of freedom, one can detect, however a common methodological assumption. In both cases political freedom is conceived as actualizing itself in some original or (...)
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  36. Daniel O. Dahlstrom (2007). The Development of Freedom. Proceedings of the American Catholic Philosophical Association 81:35-52.score: 252.0
    This paper elaborates four asymmetrical, developmental stages of the phenomenon of human freedom, starting with a rudimentary sort of freedom, thebasic experience of a relatively unencumbered power to act in alternative ways. The paper argues that structural elements of this rudimentary form of freedomare demonstrable in three distinct, supervening forms of freedom: instrumental freedom, the experience of the self-reflective ability to pursue certain aims, perfectionist freedom, the experience of the capacity to master oneself according to (...)
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  37. Gregory B. Sadler (2007). Freedom, Inclinations of the Will, and Virtue in Anselm's Moral Th Eory. Proceedings of the American Catholic Philosophical Association 81:91-108.score: 252.0
    Freedom, justice, and inclinations of the will have significant roles in St. Anselm’s moral theory, as does, I argue, virtues and vices, which can be understoodin relation to freedom and justice and as inclinations of the will. The first section of the paper discusses the relationship between freedom, justice, and the will inAnselm’s works. The second part explores Anselm’s distinctions between different aspects of the human will, as will-as-instrument, will-as-use, and will-as-inclination, then examines his further distinction of (...)
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  38. Rogers Albritton (1985). Freedom of the Will and Freedom of Action. Proceedings and Addresses of the American Philosophical Association 59 (2):239-51.score: 246.0
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  39. Helen Lam & Mark Harcourt (2007). A New Approach to Resolving the Right-to-Work Ethical Dilemma. Journal of Business Ethics 73 (3):231 - 243.score: 242.0
    Union security has long been an industrial relations controversy. While compulsory unionism supporters say it benefits the working class, right-to-work advocates denounce it as an unethical infringement of individual rights and freedom. Unfortunately, neither side has adequately addressed the shortcomings of their viewpoint, nor the broader worker concerns about effective representation beyond just “unionism”. In this paper, we examine the ethical and practical problems of compulsory (union security) and voluntary (right-to-work) unionism and propose a new resolution, compulsory proportional representation, (...)
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  40. Elena Aronova (2012). The Congress for Cultural Freedom, Minerva, and the Quest for Instituting “Science Studies” in the Age of Cold War. Minerva 50 (3):307-337.score: 239.0
    The Congress for Cultural Freedom is remembered as a paramount example of the “cultural cold wars.” In this paper, I discuss the ways in which this powerful transnational organization sought to promote “science studies” as a distinct – and politically relevant – area of expertise, and part of the CCF broader agenda to offer a renewed framework for liberalism. By means of its Study Groups, international conferences and its periodicals, such as Minerva, the Congress developed into an influential forum (...)
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  41. Elena Aronova (2012). The Congress for Cultural Freedom, Minerva, and the Quest for Instituting “Science Studies” in the Age of Cold War. Minerva 50 (3):307-337.score: 239.0
    The Congress for Cultural Freedom is remembered as a paramount example of the “cultural cold wars.” In this paper, I discuss the ways in which this powerful transnational organization sought to promote “science studies” as a distinct – and politically relevant – area of expertise, and part of the CCF broader agenda to offer a renewed framework for liberalism. By means of its Study Groups, international conferences and its periodicals, such as Minerva, the Congress developed into an influential forum (...)
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  42. William L. Rowe (1987). Two Concepts of Freedom. Proceedings and Addresses of the American Philosophical Association 61 (September):43-64.score: 234.0
  43. Sune Lægaard (2013). Territorial Rights, Political Association, and Immigration. Journal of Moral Philosophy 10 (5):645-670.score: 234.0
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  44. Rytis Krasauskas (2011). Some Problematic Aspects of the Promotion of the Regulation of Labour Relations by Means of Collective Agreements (article in Lithuanian). Jurisprudence 18 (2):613-630.score: 234.0
    The Lithuanian success of implementing international obligation in order to encourage the regulation of labour relations by means of collective agreements is analyzed in this article. It is emphasized that development of social partnership is too slow, coverage of regulation of labour relations by means of collective agreement also is low-level and collective agreements basically are made at the plant level. It is noticed that, because of the need to find a suitable balance between implementing the international obligation to encourage (...)
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  45. Ricardo Restrepo (2013). Democratic Freedom of Expression. Open Journal of Philosophy 3 (3):380-390.score: 230.0
    This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to (...)
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  46. Sean Murphy & Stephen J. Genuis (2013). Freedom of Conscience in Health Care: Distinctions and Limits. [REVIEW] Journal of Bioethical Inquiry 10 (3):347-354.score: 230.0
    The widespread emergence of innumerable technologies within health care has complicated the choices facing caregivers and their patients. The escalation of knowledge and technical innovation has been accompanied by an erosion of moral and ethical consensus among health providers that is reflected in the abandonment of the Hippocratic Oath as the immutable bedrock of medical ethics. Ethical conflicts arise when the values of health professionals collide with the expressed wishes of patients or the dictates of regulatory bodies and administrators. Increasing (...)
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  47. Alexander Carnera (2012). Freedom of Speech as an Expressive Mode of Existence. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (1):57-69.score: 230.0
    This paper adopts Deleuze’s reading of Spinoza’s expressionism and pure semiotics to argue that Spinoza’s Ethics offers an alternative notion of freedom of speech that is based on the potentia of the individual. Its aim is to show how freedom of thought is connected to the problem of individuation that connects our mode of being with our power to speak and think. Rather than treating freedom of speech as an enlightened idea that is in opposition to, for (...)
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  48. Antonio Sanchez-Bayon (2014). Freedom of Religion at Large in American Common Law: A Critical Review and New Topics. Journal for the Study of Religions and Ideologies 13 (37):35-72.score: 230.0
    This paper is a critical and comparative legal historical study, which offers a global vision of the U.S. Legal System, according to the religious factor impact and its complex dimensions (e.g. religious liberty, Church-State relations, welfare state & solidarity). The principal goal is the deconstruction of the fake official History, elaborated after the Second World War (e.g. inferences, impostures, fallacies). At the same time, it shows the social development (and the kind of commitment in each period), and how it happens (...)
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  49. Boudewijn de Bruin (2008). Media Violence and Freedom of Speech: How to Use Empirical Data. [REVIEW] Ethical Theory and Moral Practice 11 (5):493-505.score: 224.0
    Susan Hurley has argued against a well known argument for freedom of speech, the argument from autonomy, on the basis of two hypotheses about violence in the media and aggressive behaviour. The first hypothesis says that exposure to media violence causes aggressive behaviour; the second, that humans have an innate tendency to copy behaviour in ways that bypass conscious deliberation. I argue, first, that Hurley is not successful in setting aside the argument from autonomy. Second, I show that the (...)
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  50. Alan Haworth (2007). On Mill, Infallibility, and Freedom of Expression. Res Publica 13 (1):77-100.score: 224.0
    Philosophers have tended to dismiss John Stuart Mill’s claim that ‘all silencing of discussion is an assumption of infallibility’. I argue that Mill’s ‘infallibility claim’ is indeed open to many objections, but that, contrary to the consensus, those objections fail to defeat the anti-authoritarian thesis which lies at its core. I then argue that Mill’s consequentialist case for the liberty of thought and discussion is likewise capable of withstanding some familiar objections. My purpose is to suggest that Mill’s anti-authoritarianism and (...)
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