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: 510.0
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  2. Andres Moles (2014). The Public Ecology of Freedom of Association. Res Publica 20 (1):85-103.score: 180.0
    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: 180.0
    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: 123.0
    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: 120.0
    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: 120.0
    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: 120.0
    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: 120.0
    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. 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: 119.0
    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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  10. Karen Struening (1996). Feminist Challenges to the New Familialism: Lifestyle Experimentation and the Freedom of Intimate Association. Hypatia 11 (1):135 - 154.score: 116.0
    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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  11. 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: 102.0
    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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  12. 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: 99.0
    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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  13. Stephen B. Presser (2008). Freedom of Association in Historical Perspective. Social Philosophy and Policy 25 (2):157-181.score: 96.7
    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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  14. Stuart White (1997). Freedom of Association and the Right to Exclude. Journal of Political Philosophy 5 (4):373–391.score: 93.0
  15. Sonu Bedi (2011). Expressive Exclusion: A Defense. Journal of Moral Philosophy 7 (4):427-440.score: 93.0
    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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  16. 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: 93.0
  17. Christopher Heath Wellman (2008). Immigration and Freedom of Association. Ethics 119 (1):109-141.score: 90.0
  18. Sarah Fine (2010). Freedom of Association is Not the Answer. Ethics 120 (2):338-356.score: 90.0
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  19. Deborah Hawkins (2004). Tolerance and Freedom of Association. Social Theory and Practice 30 (4):589-598.score: 90.0
  20. Arash Abizadeh (2008). Border Coercion and Democratic Legitimacy: Freedom of Association, Territorial Dominion, and Self-Defence. Political Theory 35 (1):37-65.score: 90.0
  21. Erik A. Anderson (1999). Amy Gu Tmann, Ed., Freedom of Association Reviewed By. Philosophy in Review 19 (3):183-185.score: 90.0
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  22. 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: 90.0
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  23. Amy Gutmann (ed.) (1998). Freedom of Association. Princeton University Press.score: 90.0
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  24. 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: 90.0
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  25. Mathieu Thierry Ngosso Ngosso (2012). Compte-Rendu de Frankel, Miller, Paul (Eds), Freedom of Association. Ethical Perspectives 19:353-357.score: 90.0
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  26. Ricardo Restrepo (2013). Democratic Freedom of Expression. Open Journal of Philosophy 3 (3):380-390.score: 87.0
    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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  27. Seth Shabo (2007). Flickers of Freedom and Modes of Action: A Reply to Timpe. Philosophia 35 (1):63-74.score: 87.0
    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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  28. 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: 87.0
    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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  29. 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: 87.0
    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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  30. 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: 87.0
    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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  31. 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: 84.0
    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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  32. Alan Haworth (2007). On Mill, Infallibility, and Freedom of Expression. Res Publica 13 (1):77-100.score: 84.0
    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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  33. Lawrence B. Solum (1989). Freedom of Communicative Action. Northwestern University Law Review 83 (1):54-135.score: 84.0
    The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal behavior through rational understanding. Communicative action is distinguished from strategic action--the use of communication to manipulate, deceive, or coerce. Part I offers an introduction. Part II outlines a hermeneutic approach to interpretation of the First Amendent. Part III (...)
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  34. Adam Kolber (2008). Freedom of Memory Today. Neuroethics 1 (2):145-148.score: 84.0
    Emerging technologies raise the possibility that we may be able to treat trauma victims by pharmaceutically dampening factual or emotional aspects of their memories. Such technologies raise a panoply of legal and ethical issues. While many of these issues remain off in the distance, some have already arisen. In this brief commentary, I discuss a real-life case of memory erasure. The case reveals why the contours of our freedom of memory—our limited bundle of rights to control our memories and (...)
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  35. Jaana Eigi (2012). Two Millian Arguments: Using Helen Longino’s Approach to Solve the Problems Philip Kitcher Targeted with His Argument on Freedom of Inquiry. Studia Philosophica Estonica 5 (1):44-63.score: 84.0
    Philip Kitcher argued that the freedom to pursue one's version of the good life is the main aim of Mill's argument for freedom of expression. According to Kitcher, in certain scientific fields, political and epistemological asymmetries bias research toward conclusions that threaten this most important freedom of underprivileged groups. Accordingly, Kitcher claimed that there are Millian grounds for limiting freedom of inquiry in these fields to protect the freedom of the underprivileged. -/- I explore Kitcher's (...)
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  36. Monica Mookherjee (2007). Permitting Dishonour: Culture, Gender and Freedom of Expression. Res Publica 13 (1):29-52.score: 84.0
    While the right to freedom of expression is of great importance in liberal societies, liberal governments should be wary of speech that disparages minority groups. This issue is particularly problematic when minority women publicly criticise gender oppression within their communities. By focusing on the controversy over the play Behzti in 2004, this article explores the difficulties involved in protecting individual women’s rights to criticise injustice, when doing so risks perpetuating negative stereotypes in society at large. If liberal polities wish (...)
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  37. Erik Malmqvist (2007). Analysing Our Qualms About “Designing” Future Persons: Autonomy, Freedom of Choice, and Interfering with Nature. [REVIEW] Medicine, Health Care and Philosophy 10 (4):407-416.score: 84.0
    Actually possible and conceivable future uses of preimplantation genetic diagnosis (PGD) and germ-line genetic intervention in assisted reproduction seem to offer increasing possibilities of choosing the kind of persons that will be brought to existence. Many are troubled by the idea of these technologies being used for enhancement purposes. How can we make sense of this worry? Why are our thoughts about therapeutic genetic interventions and non-genetic enhancement (for instance education) not accompanied by the same intuitive uneasiness? I argue that (...)
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  38. Algimantas Šindeikis (2013). Freedom of Speech and Its Limits During Two Decades of Independence. Jurisprudence 20 (3):1023-1060.score: 84.0
    Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression (Article 25 of the Constitution of the Republic of Lithuania) within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information acting (...)
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  39. Stefan Kirchner (2012). The Confessional Secret Between State Law and Canon Law and the Right to Freedom of Religion Under Article 9 of the European Convention on Human Rights. Jurisprudence 19 (4):1317-1326.score: 84.0
    Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...)
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  40. Rūta Petkuvienė, Asta Atraškevičiūtė & Artūras Petkus (2012). Enforcement of Freedom of Assembly in Lithuania and European Union: Legal and Practical Aspects. Jurisprudence 19 (1):49-70.score: 84.0
    This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, (...)
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  41. Rūta Petkuvienė & Asta Atraškevičiūtė (2011). Problems and Possible Solutions to Enforcement of Freedom of Assembly. Jurisprudence 18 (4):1623-1639.score: 84.0
    The article analyses enforcement of freedom of assembly, draws attention to faults of legal regulation of dispute settlement, and revises a possibility of restriction of freedom of assembly. The authors provide evidence that restriction of freedom of assembly by refusing to grant permission to hold a peaceful assembly, is not an effective measure, therefore, it is suggested to educate the public on legal issues in order to enlighten the society about detrimental effect of publicly expressed ideas that (...)
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  42. 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.score: 84.0
    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 (...)
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  43. Peter West-Oram (2013). Freedom of Conscience and Health Care in the United States of America: The Conflict Between Public Health and Religious Liberty in the Patient Protection and Affordable Care Act. [REVIEW] Health Care Analysis 21 (3):237-247.score: 84.0
    The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether (...)
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  44. J. Harris (2013). Life in the Cloud and Freedom of Speech. Journal of Medical Ethics 39 (5):307-311.score: 83.0
    This paper is primarily about the personal and public responsibilities of ethics and of ethicists in speaking, writing and commenting publicly about issues of ethical, political and social significance. The paper argues that any such interventions are ‘willy-nilly’, actually or potentially, in the public domain in ways that make any self-conscious decision about intended publics or audiences problematic. In it is argued that a famous, and hitherto useful, distinction relating to the ethical limitations on freedom of speech which we (...)
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  45. Raymond Plant (2011). Religion, Identity and Freedom of Expression. Res Publica 17 (1):7-20.score: 82.0
    This article examines the issues raised by religious adherents’ wish to express their beliefs in the public domain through, for example, their modes of dress, their performance of public roles, and their response to homosexuality. It considers on what grounds religion might merit special treatment and how special that treatment should be. A common approach to these issues is through the notion of religious identity, but both the idea of religious identity and its use to ground claims against others prove (...)
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  46. Sebastiano Bavetta & Marco Del Seta (2001). Constraints and the Measurement of Freedom of Choice. Theory and Decision 50 (3):213-238.score: 82.0
    This paper introduces considerations about constraints in the construction of measures of an agent's freedom. It starts with motivating the exercise from both the philosophical and the informational point of view. Then it presents two rankings of opportunity sets based on information about the extent of options and the constraints that a decision maker faces. The first ranking measures freedom as variety of choice; the second as non-restrictedness in choice.
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  47. 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: 80.7
    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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  48. 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.score: 78.0
    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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  49. Susanne Bobzien (1997). Stoic Conceptions of Freedom and Their Relation to Ethics. Bulletin of the Institute of Classical Studies 41 (S68):71-89.score: 77.0
    ABSTRACT: In contemporary discussions of freedom in Stoic philosophy we often encounter the following assumptions: (i) the Stoics discussed the problem of free will and determinis; (ii) since in Stoic philosophy freedom of the will is in the end just an illusion, the Stoics took the freedom of the sage as a substitute for it and as the only true freedom; (iii) in the c. 500 years of live Stoic philosophical debate, the Stoics were largely concerned (...)
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  50. 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: 77.0
    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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