The present study analyzes the relations between Mauss and Sartre. It investigates, primarily, the connections between the obligation of reciprocating a gift and the consequences of this symbolic act, to elaborate a morality deemed as a total fact. Freedom stands out, in this context, as a fundamental value.

We consider a real-valued function f defined on the set of infinite branches X of a countably branching pruned tree T. The function f is said to be a limsup function if there is a function $u \colon T \to \mathbb {R}$ such that $f(x) = \limsup _{t \to \infty } u(x_{0},\dots,x_{t})$ for each $x \in X$. We study a game characterization of limsup functions, as well as a novel game characterization of functions of Baire class 1.

Peter Singer has famously argued that people living in affluent western countries are morally obligated to donate money to famine relief. The central premise in his argument is that, If it is in our power to prevent something bad from happening, without thereby sacrificing anything of comparable moral importance, we ought, morally, to do so. The present paper offers an argument to the effect that affluent people ought to support foreign aid projects based on a much weaker ethical premise. The (...) new premise states that, If it is in our power to prevent something bad from happening, without thereby sacrificing anything of moral importance, we ought, morally, to do so. This premise, supplemented with a notion of final value drawing on Amartya Sen''s concept of freedom as capabilities and functionings, is conceived as a special version of a weak, egalitarian Pareto principle. (shrink)

This is a semifinal draft of a forthcoming paper. Kant’s account of the pain of remorse involves a hybrid justification based on self-retribution, but constrained by forward-looking principles which say that we must channel remorse into improvement, and moderate its pain to avoid damaging our rational agency. Kant’s corpus also offers material for a revisionist but textually-grounded alternative account based on wrongdoers’ sympathy for the pain they cause. This account is based on the value of care, and has forward-looking (...) constraints much like Kant’s own account. Drawing on both Kant’s texts and recent work in empirical psychology, I argue that experiences of remorse which conform to the sympathetic account may fulfill Kant’s forward-looking goals better than those conforming to his own account. (shrink)

Living kidney donation provides a promising opportunity in situations where the scarcity of cadaveric kidneys is widely acknowledged. While many patients and their relatives are willing to accept its benefits, others are concerned about living kidney programs; they appear to feel pressured into accepting living kidney transplantations as the only proper option for them. As we studied the attitudes and views of patients and their relatives, we considered just how actively health care professionals should encourage living donation. We argue that (...) active interference in peoples’ personal lives is justified - if not obligatory. First, we address the ambiguous ideals of non-directivity and value neutrality in counselling. We describe the main pitfalls implied in these concepts, and conclude that these concepts cannot account for the complex reality of living donation and transplantation. We depict what is required instead as truthful information and context-relative counselling. We then consider professional interference into personal belief systems. We argue that individual convictions are not necessarily strong, stable, or deep. They may be flawed in many ways. In order to justify interference in peoples’ personal lives, it is crucial to understand the structure of these convictions. Evidence suggests that both patients and their relatives have attitudes towards living kidney donation that are often open to change and, accordingly, can be influenced. We show how ethical theories can account for this reality and can help us to discern between justified and unjustified interference. We refer to Stephen Toulmin’s model of the structure of logical argument, the Rawlsian model of reflective equilibrium, and Thomas Nagel’s representation of the particularistic position. (shrink)

Living-donor kidney transplantation is the “gold standard” treatment for many individuals with end-stage renal failure. Superior outcomes for the graft and the transplant recipient have prompted the implementation of new strategies promoting living-donor kidney transplantation, and the number of such transplants has increased considerably over recent years. Living donors are undoubtedly exposed to risk. In his editorial “underestimating the risk in living kidney donation”, Walter Glannon suggests that more data on long-term outcomes for living donors are needed to determine whether (...) this risk is permissible and the extent to which physicians and transplant surgeons should promote living-donor kidney transplantation.1 In this paper I argue that it is not clear that medical professionals have underestimated this risk, nor is it clear that more data on long-term outcomes are needed in order to determine whether it is permissible for individual autonomous agents to expose themselves to this or, indeed, any risk. The global shortage of organs available for transplantation ultimately means that every year thousands of individuals who value their life die needlessly. This is an unacceptable loss of human life. Saving life is one of the most wonderful things an individual can do for another. Promoting any strategy that will assist in saving life and preventing human suffering within acceptable moral limits is legitimate. (shrink)

In December 2010, the governor of Mississippi suspended the dual life sentences of two African American sisters who had been imprisoned for sixteen years on an extraordinary condition: that Gladys Scott donate a kidney to her ailing sister Jamie Scott. The Scott Sisters’ case is a highly unusual one, yet it is a revealing site for inquiry into US biopolitics more broadly. Close attention to the conditional release and its context demands a broader frame than traditional bioethics and helps to (...) push science and technology studies analysis of race past its conventional focus on genetics. This article draws on the Scott Sisters’ case as a site for interrogating the US context of racialized mass incarceration and kin-oriented and consumerist valorization of organ donation. Tensions between racialized exclusions, the promise of consumerist freedom, and the lack of expectations of the state are foundational to a distinctly American biological citizenship. By putting the Scott Sisters’ case into conversation with broader arguments about incarceration as a site of racialization and STS literatures of organ transplantation and of biological citizenship in diverse geographical sites, this article seeks to articulate some of the racialized contours of biopolitics in the United States. (shrink)

A prominent objection to non-cognitive moral bio-enhancements is that they would compromise the recipient’s ‘freedom to fall’. I begin by discussing some ambiguities in this objection, before outlining an Aristotelian reading of it. I suggest that this reading may help to forestall Persson and Savulescu’s ‘God-Machine’ criticism; however, I suggest that the objection still faces the problem of explaining why the value of moral conformity is insufficient to outweigh the value of the freedom to fall itself. I also (...) question whether the objection is compatible with Neil Levy’s parity principle. Accordingly, I go on to consider an alternative relational freedom-based objection to NCMBEs that aims to explain the fundamental moral importance of the freedom that NCMBEs would violate. I argue that although this strategy might allow the critic of NCMBEs to bypass a powerful criticism of Harris’ objection, it also weakens the freedom-based objection’s compatibility with the parity principle. (shrink)

The American Journal of Bioethics, Volume 11, Issue 10, Page 7-9, October 2011.

Using a signaling framework, we argue that ethical behavior as evidenced by charitable donations is viewed more positively by investors when seen not to be based on self-serving motives but rather on authentic generosity that builds moral capital. The affirmed religiosity of CEOs may make their ethical position more credible, while their embeddedness within a family business suggests that CEOs are backed by powerful owners with long-time horizons and a desire to build moral capital with stakeholders. We find in a (...) study of market responses to 1572 corporate donations by S&P 1500 firms that financial markets react more positively to charitable initiatives from firms with religion-declared CEOs, but only if these are family businesses. (shrink)

This essay explores the features in virtue of which games are valuable or worthwhile to play. The difficulty view of games holds that the goodness of games lies in their difficulty: by making activities more complex or making them require greater effort, they structure easier activities into more difficult, therefore more worthwhile, activities. I argue that a further source of the value of games is that they provide players with an experience of freedom, which they provide both as paradigmatically (...) unnecessary activities and by offering opportunities for relatively unconstrained choice inside the ‘lusory’ world that players inhabit. (shrink)

This text reflects on the theme of freedom and its relationship with values. To do this, it shows the original approach to this issue present in the thought of the current Spanish philosopher J. M. Méndez. According to the characteristic thinking of this author, freedom does not represent a value but the gateway or the very possibility of participation in any ethical value, as postulated by his _axiological liberalism_.

For Kuhn, there are a number of values which provide scientists with a shared basis for theory-choice. These values include accuracy, breadth, consistency, simplicity and fruitfulness. Each of these values may be interpreted in different ways. Moreover, there may be conflict between the values in application to specific theories. In this short paper, Kuhn's idea of scientific values is extended to the value of academic freedom. The value of academic freedom may be interpreted in a number of different (...) ways. Moreover, there are other values which play a role in the functioning of our academic institutions. As with the possible conflict between scientific values, there may be conflict among the academic values. (shrink)

The purpose of the present work is twofold. On the one hand, it attempts to provide a critical exposition of the ethical theory of Jean-Paul Sartre. On the other hand, it strives to explain, and in a limited way to defend, the central thesis of that theory, namely, that freedom is the "highest," or most important, value. ;The study begins with an extensive discussion of Sartre's theory of freedom. Sartre's arguments for the freedom of consciousness are identified and presented, (...) and a number of widespread misunderstandings of Sartre's conception of the nature of freedom are corrected. Specifically, it is argued that, contrary to prevailing opinion, Sartre distinguishes between different senses of freedom, insists that freedom is always limited, and remains substantially consistent, throughout his intellectual career, in his understanding of the nature of freedom. ;The study next takes up Sartre's theory of values. Here the well-known strain of ethical subjectivism in Sartre's thought is presented and criticized, with the main instrument of criticism being a distinction, overlooked by Sartre, between subjectivism as a meta-ethical theory about the status of moral judgments, and subjectivism as an ontological doctrine regarding the existence of moral values. ;The study concludes with an explanation and defense of the theory that freedom is the highest value. Here the presentation of Sartre's ethical theory is brought to completion through a discussion of its neglected objectivist elements, and through a development in regard to ethics of Sartre's general theory of knowledge. It is then shown that the notion of freedom as a value underlies both the subjectivist and the objectivist phases of Sartre's ethical thought, and it is suggested that these two phases can be reconciled in a conception of ethics as a dialectic of invention and discovery. This conception is defended by way of a brief discussion of its advantages over rival ethical theories, which neglect one or the other of the stages of this dialectic. (shrink)

Sabina Alkire shows how Nobel Prize-winning economist Amartya Sen's capability approach can be coherently---and practically---put to work in poverty reduction activities so that the voices and values of the poor matter. This provides economists, philosophers, theologians, and development practitioners with a way forward that addresses both theoretical and practical challenges.

_Purpose_ of the article is to find out the main content and ways of embodying freedom as a value of the volunteer movement in the context of analyzing the social motivation of human behavior in general. _Theoretical basis._ The theoretical basis of the research is the philosophical and anthropological understanding of freedom as a person’s creative overcoming of obstacles to establish his or her eccentric essence. Such a vision is embedded, in particular, in Karl Jaspers’ philosophy of existence, Helmuth (...) Plessner’s philosophy of positioning in the world, and Paul Ricœur’s philosophy of rational choice of life path. _Originality__._ The importance of freedom as a value, as well as other social values, is revealed and specified through the analysis of the values of the volunteer movement. In the desire of people engaged in volunteer work to achieve freedom through other values, the content of freedom as a basis for self-reproduction of the individual, community and society is revealed. _Conclusions._ Representatives of various humanities and social sciences have distinct research interests in analyzing the values inherent in volunteers. As members of a certain society and certain communities in this society, volunteers do not act outside the economy, politics and other spheres of public life, but reveal their freedom through creative and non-standard solutions to economic, political, and other problems. At the same time, research psychologists focus attention on the personal self-realization of a person, theorists and practitioners of social work study volunteers’ desire to gain recognition from peers and other small social groups, and representatives of sociology, political science and other social sciences focus their attention on such socially significant values of volunteering as patriotism, solidarity, etc. The task of social philosophy is to justify the desire to contribute to the public good, which is common to all volunteers. Representatives of philosophical anthropology look for the best social intentions inherent in a person as a member of society in volunteering. Analysis of the values of volunteering as a motivator of human behavior provides knowledge of socially significant values inherent in every member of society to a greater or lesser extent. (shrink)

The concept of value is so wide that could be considered as synonymous with human life and existence. The human being is engaged in the evaluations of being by doing every act. Life is a value that even its ascetic denial is a kind of valuation. When the human being enters the world, in fact he enters a pre-valued world and many values weighed upon him. To what extent is man capable of emancipating from pre-existing values and to (...) what extent can he succeed in creating value? The complex world today is very similar to the mythical world in which the blind and deaf valuing forces have overwhelmed and conquered human choices. It is here that human choices show a confusing and algebraic procedure, and freedom is as s chain that human being wrap around himself. (shrink)

Many argue that our reasons to value choice do not depend on our having libertarian free will.The paper argues against this view. One reason to value choice is that it is constitutive of a life of self-determination. If choices are determined, however, they can be predicted and brought about by others; and if choices are randomly indeterministic, they can be mimicked. In either case, the importance of choice to self-determination is challenged. Thus, it is only as long as (...) our choices are free in a libertarian manner that the importance of choice as a means to self-determination makes full sense. (shrink)

"This book on freedom of speech and expression starts with an inter-cultural history of this valued right through the ages and then recalls the benefits for which we rightly value it. But what about speech that frustrates these benefits? Supporters of the benefits of free speech have reason to exercise voluntary self-restraint on speech which frustrates the benefits. They should also cultivate a second remedy: the art, illustrated in chapter 1, and called by Gandhi the art of 'opening ears', (...) by other kinds of speech and conduct. Such voluntary methods are to be preferred to legal constraints. But legal constraint is sometimes necessary. In the 21st century, social media funding based on manipulation of personal speech data requires skilful legislation and enforcement in favour of social media that protect our freedoms"--. (shrink)

How is freedom valuable? And how should we go about defining freedom? In this essay, I discuss a distinction between two general ways of valuing freedom: one appeals to the good (e.g., to freedom's contribution to well-being); the other appeals to how persons have reason to treat one another in virtue of their status as purposive beings (to the right). The analysis of these two values has many relevant implications and it is preliminary to a better understanding of the relationships (...) between freedom and justice. First, it contributes to shed light on the relationship between trust and the value of freedom, and on two attitudes towards freedom – promoting and respecting freedom. Second, it disambiguates between two versions of the claim that freedom has non-specific/content-independent value: one appeals to the good, the other to the right. And third, I show that certain implications concerning the definition of freedom follow from assuming an account of the value of freedom that exclusively appeals to the right, illustrating how the value of freedom can shape what freedom is. (shrink)

The view that matters of fact and matters of value are categorically distinct, and that any credible account of ethics must begin from an acknowledgement of that distinction, has been a constant topic of debate in analytical moral philosophy throughout the twentieth century. It is not, however, as simple as it may at first appear to establish an uncontroversial articulation of the view under discussion, because in the course of the debate's evolution that view has been defined in a (...) number of very different and not obviously equivalent ways. (shrink)

In his Letters on the Aesthetic Education of Man, Friedrich Schiller draws a striking connection between aesthetic value and individual and political freedom, claiming that, ‘it is only through beauty that man makes his way to freedom’. However, contemporary ways of thinking about freedom and aesthetic value make it difficult to see what the connection could be. Through a careful reconstruction of the Letters, we argue that Schiller’s theory of aesthetic value serves as the key to understanding (...) not only his view of aesthetic engagement, but also his distinctive account of individual and political freedom. In Part I, we develop a reconstruction of Schiller's view that aesthetic value is the only path to individual freedom and in Part II we analyze how Schiller connects aesthetic value to political freedom. In the end, we show that Schiller defends a non-hedonic, action-oriented, communitarian theory of aesthetic value and a theory of freedom that makes the aesthetic not just supererogatory but fundamental for any fully autonomous life. Although we have lost touch with this way of thinking about aesthetic value and freedom, we submit that it is illuminating for contemporary thinking about both. (shrink)

Academic freedom does not refer to freedom to engage in any speech act, but to freedom to hold any belief and espouse it in an appropriately academic manner. This freedom belongs to certain institutions, rather than to individuals, because of their academic nature. Academic freedom should be absolute, regardless of any offence it may on occasion cause.

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...) all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

This extended essay joins an old conversation at the intersection of freedom and necessity. Though it takes place at the beginning of the twenty-first century by the “Christian” reckoning that has become an integral part of European identity, it will at times read like a conversation between classical Greece and nineteenth-century Europe. The cast consists of characters drawn from Aeschylus, Sophocles, Euripides, and Plato as well as the authors themselves - Plato, Aristotle, Locke, Hume, Kant, Kierkegaard, MacIntyre, and Nussbaum. Some (...) of these writers have been associated with displaced, displacing claims of universality; but each is in place and in time in ways that are instructive for ethics. Myth, the matter of stories, becomes also the matter of critical reflection, which in turn is subjected to critical reflection. Every fragment of philosophy is a contribution to the reflection, and it is nothing if it is separated from the matter - the stories, the myths, and the characters (including us) who both make them and live in them. (shrink)

The enhancement of human traits has received academic attention for decades, but only recently has moral enhancement using biomedical means – moral bioenhancement (MB) – entered the discussion. After explaining why we ought to take the possibility of MB seriously, the paper considers the shape and content of moral improvement, addressing at some length a challenge presented by reasonable moral pluralism. The discussion then proceeds to this question: Assuming MB were safe, effective, and universally available, would it be morally desirable? (...) In particular, would it pose an unacceptable threat to human freedom? After defending a negative answer to the latter question – which requires an investigation into the nature and value of human freedom – and arguing that there is nothing inherently wrong with MB, the paper closes with reflections on what we should value in moral behaviour. (shrink)

Hart argues persuasively that majority disapproval cannot justify the government in prohibiting a form of sexual conduct, but he does not address the possibility that the intrinsic badness of a sex act might justify the government in prohibiting it. This article explains within a contractualist framework why the intrinsic badness of a sex act cannot justify the restriction of any important sexual freedom.

Deontological (as opposed to consequentialist) liberals treat freedom of action as an end in itself, not a means to other ends. Yet logically, when one makes a deliberate choice, one treats freedom of action as if it were not an end in itself, for one uses this freedom as a means to the ends one hopes to achieve through one's action. The tension between deontology and the logic of choice is reflected in the paradoxical nature of the ?right to do (...) wrong?; and in Rawls's unsuccessful attempts to justify to acting agents their interest in such a right, embodied in his conception of agents as ?self-validating sources of claims.? A self-validating source of claims is akin to God as envisioned by voluntarist theologians such as Ockham. Leibniz's critique of voluntarism, then, is applicable to the Rawlsian subject: like the voluntarist God, she would be unable to act if it were indeed the case that her action validated itself. (shrink)

Sennett (1999) and Pawl & Timpe (2009; 2013) attempt to show how we can praise heavenly agents for things they inevitably do in heaven by appealing to the notion of derivative freedom. Matheson (2017) has criticized this use of derivative freedom. In this essay I show why Matheson's argument is inconclusive but also how the basic point may be strengthened to undermine the use Sennett and Pawl & Timpe make of derivative freedom. I then show why Matheson is mistaken to (...) claim that the value of free choice depends on an agent retaining the ability to change their mind; in so doing I demonstrate that some choices which result in fixed outcomes - a feature of the choices leading to impeccability - can indeed be valuable even if they cannot be undone. (shrink)

This volume celebrates the career of John Martin Fischer, whose work on a wide range of topics over the past forty years has been transformative and inspirational. Fischer's semicompatibilist view of free will and moral responsibility is perhaps the most widely discussed view of its kind, and his emphasis on the significance of reasons-responsiveness as the capacity that underlies moral accountability has been widely influential. Aside from free will and moral responsibility, Fischer is also well-known for his work on freedom (...) and foreknowledge, the problem of evil, the badness of death, the meaning of life, and the allure of immortality. This volume gathers new essays by leading scholars on some of the major themes of Fischer's work, and it also includes a new piece by Fischer in which he offers a systematic reflection on and defense of the motivations that have shaped his theorizing about moral responsibility. Freedom, Responsibility, and Value will be of interest to scholars and students working on a variety of issues in metaphysics, ethics, and philosophy of religion. (shrink)

The value-free ideal in science has been criticised as both unattainable and undesirable. We argue that it can be defended as a practical principle guiding scientific research even if the unattainability and undesirability of a value-free end-state are granted. If a goal is unattainable, then one can separate the desirability of accomplishing the goal from the desirability of pursuing it. We articulate a novel value-free ideal, which holds that scientists should act as if science should be (...) class='Hi'>value-free, and we argue that even if a purely value-free science is undesirable, this value-free ideal is desirable to pursue. (shrink)

Mainstream addiction science is today widely marked by an antinomy between a neurologically determinist understanding of the human brain ‘hijacked’ by the biochemical allure of intoxicants and a liberal voluntarist conception of drug use as a free exercise of choice. Prominent defenders of both discourses strive, ultimately without complete success, to provide accounts that are both universal and value-neutral. This has resulted in a variety of conceptual problems and has undermined the utility of such research for those who seek (...) to therapeutically care for people presumed to suffer from addictions. This article contrasts these two contemporary discourses to two others that played vital historical roles in initiating both scientific and popular concern for addiction. These are the Puritan and civic republican discourses that dominated scholarly discussions of addiction in the early modern era. In each case, the place of values in these discussions is highlighted. By comparing them to their early modern historical antecedents, this article seeks to reflexively explore and develop more intellectually sound and therapeutically relevant alternatives to the troubled attempts at universality and value-neutrality now fettering debates in mainstream addiction science. (shrink)

This thesis concerns the measurement of freedom, and its value. Specifically, I am concerned with three overarching questions. First, can we measure the extent of an individual’s freedom? It had better be that we can, otherwise much ordinary and intuitive talk that we would like to vindicate – say, about free persons being freer than slaves – will turn out to be false or meaningless. Second, in what ways is freedom valuable, and how is this value measured? It (...) matters, for example, whether freedom is valuable only insofar as it enables us to pursue specific ends we happen to value for independent reasons, or whether it is also valuable in itself. In the latter case, but not the former, more freedom will always be better. Likewise, it’s important to get clarity on what ends, exactly, freedom is especially instrumentally valuable in promoting, since this goes to how much we should care about it. And finally, the liberal political tradition asserts that there is a special sphere of personal choices within which individuals should be free to do as they please, for reasons over and above the value of freedom itself. Now, can we measure the extent to which states and individuals respect individual liberties, and can we weigh the importance of respecting liberty against competing values like social welfare? To answer these questions, I follow the axiomatic tradition of social choice theory, and I develop several novel measures of freedom – including the first measure of freedom ever proposed that is sensitive to how modally robustly our options are available – a novel approach to measuring the diversity of an opportunity set, and I develop an account of the value of freedom according to which an important part of why freedom matters is that it enables us to improve our preferences through learning, and I construct ways of measuring the value of freedom along this dimension of value. Finally, in later chapters, I provide a representation result for a measure of illiberalism, i.e. of the degree to which states fail to respect the rights of their citizens, and I extend this result to provide a characterization of moral theories that express concern for respecting the rights of others. The final chapter closes by discussing how this concern may be weighed against concerns for social welfare. (shrink)

The view that matters of fact and matters of value are categorically distinct, and that any credible account of ethics must begin from an acknowledgement of that distinction, has been a constant topic of debate in analytical moral philosophy throughout the twentieth century. It is not, however, as simple as it may at first appear to establish an uncontroversial articulation of the view under discussion, because in the course of the debate's evolution that view has been defined in a (...) number of very different and not obviously equivalent ways. (shrink)

This chapter focuses on the question of what, if anything, early modern philosophers have to say about the special status of human beings and its implications for the right to freedom. As we will see, they have quite a lot to say about it. I will concentrate on the question of whether, for these early modern authors, the special status of human beings makes it illegitimate for one human being to dominate other human beings completely, or to literally and fully (...) own them. In other words, I focus on whether, according to at least some early modern thinkers, human beings can possess the same rights over other human beings as one was thought to have over the brute animals and inanimate objects that one fully owns. (shrink)

ABSTRACT Both classical and modern liberals tend to treat freedom of choice as if it is intrinsically valuable—regardless of what is chosen. They fear that treating freedom as, instead, instrumental only to good choices might open the door to paternalism if a polity were to decide that people were making bad choices. A middle course would be to treat freedom as independently valuable. On the one hand, the independent value of freedom does not treat all choices as good as (...) long as they are freely made. On the other hand, it does not reduce the value of freedom to the known, or predictable, good ends to which a free action may be conducive. Following from Hayek’s acknowledgement that we are often ignorant of what the future may hold, freedom may have value because it will allow us to make decisions whose positive consequences cannot now be predicted. (shrink)

The central thesis of this article is that academic freedom has indeed become a "canonical value" of American higher education, though not for the reasons that conventional wisdom might posit. As recently as a half century ago, few university administrators or governing boards felt constrained in dismissing or refusing to hire outspoken professors. The quite remote risk of potential legal liability for such adverse action posed a minor deterrent. The Supreme Court's first recognition of academic freedom came only in (...) the late 1950s, and matured only in the ensuing decade. Apart from judicial endorsement of this doctrine, some credit must be given to faculty organizations such as the American Association of University Professors, and to the gradual spread of collective bargaining in public higher education. Yet the soundest explanation for the "canonization" of academic freedom is a slightly different one - that respecting and protecting faculty rights became an increasingly critical element in the intense competition to attract and retain the most eminent scholars. Quite simply, no reputable institution of higher learning could risk a valid charge of disparaging or disrespecting the expressive rights of its professors. (shrink)