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

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

It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...) unlimited moral rights. In Part 1 I explore the value of the freedoms of thought and expression. In Part 2 I argue against the unlimited moral right to free expression, focusing in particular on the special obligations and moral constraints that obtain for academics. In Part 3 I argue against the unlimited moral right to free thought. (shrink)

Although many recent free speech skeptics claim Millian credentials, they neglect the more pessimistic elements of Mill's account of human nature. Once we recover the darker elements of Mill's thought, American-style laissez-faire in the domain of expression looks significantly more attractive. Indeed, this paper argues that if Mill is correct about human nature, we have good reason to oppose recent proposed restrictions on expression and to embrace a legal regime that tolerates much speech that is false, obscene, (...) demeaning, and even hateful. While philosophers are right to worry about the substantial moral costs of such regimes, we ought to attempt to address these costs in ways that do not amount to rejecting the regimes themselves. (shrink)

The aim of this chapter is to examine how diversity benefits deliberation, information exchange and other socio‐epistemic practices associated with free speech. We separate five distinct dimensions of diversity, and discuss a variety of distinct mechanisms by which various forms of diversity may be thought to have epistemically valuable outcomes. We relate these results to the moral justification of free speech. Finally, we characterise a collective action problem concerning the compliance with truth‐conducive norms of deliberation, and suggest what may (...) solve this problem. (shrink)

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 his faith in thought and discussion, when taken seriously, supply the basis for a ‘public interest’ account of ‘freedom of expression as the liberty of thought and discussion’ which is faithful to Mill in spirit, if not to the precise letter. I outline such an account, which – as I say in conclusion – can serve as a valuable safeguard against ad hoc, reactive legislation, and the demands of a spurious communitarianism. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful (...) assembly; and association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from ‘war’ but from different kinds of social pressure or ‘violence’ exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it – or even not to think for themselves – under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system. (shrink)

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 example, religious authority, or the suppression of human rights, this paper argues that freedom of speech should be understood by what Spinoza calls ‘an adequate idea’: an idea that explains the cause of its own production. What is to be considered is: who wants this freedom, in what situation, why, what is at stake? No freedom in itself is ever given. This paper argues for speech as an assembled body that is always in connection with other bodies. It is argued that to understand the power and value of the freedom of speech, we should study the praxis of the utterance as an assembled body, its causal dimensions, and its affective immanent relations with other bodies, and other modes of speaking. (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)

The main purpose of this study was to determine the accumulation of the tradition of political texts (Siyasatnāma) in the context of freedom of expression and to discuss the potential of creating new perspectives accordingly. One of the most important criticisms of modernity towards traditional structures is the claim that people are subjected to many limitations on social, cultural and religious grounds. This criticism, which mainly focuses on limiting the freedom of action, also comes across as preventing (...) the expression of thoughts. While traditional understandings had such an approach, they aimed not only to preserve or strengthen the position of a particular authority, but also to prevent problems that may arise from an individual and social point of view. However, it is not possible to say that these thoughts always remain true to the stated intention. In this context, considering traditional understandings with their historical contexts should not only aim to gain an intellectual knowledge about a certain period or civilization. The main goal should be to evaluate the accumulated knowledge critically and to achieve meaningful results from this field. While determining the framework of the study, it was thought that reading through the political texts would provide such an opportunity. The study focused primarily on the intellectual infrastructure of freedom of expression and, accordingly, included general assessments of the issue in political texts and touched on the concept of authority, which is of great importance for determining the scope of freedom. In particular, it is emphasized on which power the administrators, who are at the head of the administrative power, base their authority on and from which principles the boundaries of this should be determined. It is seen that the political texts related to political life, oriented to ideal principles and taking into account reality, contain important assessments of the source of authority in terms of creating a ground of legitimacy or making sense of the existing situation. When evaluating the issue, it is highly evident that politicians point out that the main purpose of the existence and use of authority is the idea of order. In this context, what kind of precautions have to be taken in case of violation of the determined borders to maintain order is one of the most important issues of the policy books. Among these precautions, the idea of limiting all freedoms, especially freedom of expression, has an important place. The article also points out the possible contributions of the suggestions made in this context to the reactions that may arise in different political and social situations. At the beginning of the mentioned contributions, there are assessments on overcoming an obstacle that causes rulers not to perceive some facts adequately. This creates a serious obstacle to a healthy communication with different layers of society, and can be expressed as a masking effect. One of the main issues that the article focuses on is the suggestions of politicians on how to use the freedom of expression of the broad masses that make up the body of society. These suggestions state that the governed also have responsibilities at the point of determining the framework of the dialectical relationship between the different dimensions of the social structure. The social understandings that developed in the post-modern world have a nature that puts the individual in the foreground much more than traditional approaches. This may have produced positive effects to some extent. However, it seems that a serious erosion in the culture of people’s coexistence occurred on this occasion. The problematic use of freedom in general and freedom of expression in particular may be one reason for this. From the point of view of the states that are the highest social structures, it can also be said that these problems are increasing day by day. Therefore, the medium-term result of the desire to ensure individual freedoms may sometimes appear as chaos, and the long-term result may appear as the emergence of a more authoritarian structure again. In fact, these authoritarianism tendencies can gain strength by being based on reasonable grounds, such as misuse of freedoms of expression. It should be noted that to overcome these problems, political texts can help to prevent major social breakdowns by providing important alternatives to the disinterest which was created by the modern era. In this context, the study also touches on the conditions under which freedom of expression can be restricted according to political statements. (shrink)

In this chapter I analyze two fundamental hallmarks of liberalism—freedom of religion and freedom of expression. No society can rightly be called “liberal” if it does not endorse those freedoms. Yet, what are those freedoms, and are they realizable? I conclude that neither freedom can be given a principled elaboration. The approach to them must be pragmatic and reflect a contingent modus vivendi rather than an accommodation demanded by principle.

Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration (...) of Human Rights, and various empirical studies on the religious convictions of Muslims, it is argued here that: (1) sovereign European state powers should be especially cautious of legal censorship of speech allegedly violating Muslim religious sensibilities; and (2) instead of legal moves to censorship, European states should defer to the principle of separation of religion and state (political authority). Further, a reasonable interpretation of Islamic jurisprudence allows that matters of religious difference may be engaged and resolved by appeal to private conscience and ethical judgment, rather than by appeal to public law per se. In so far as they are 1 representative of contemporary scholarship, the interpretative positions of Ziad Elmarsafy, Jacques Derrida, and Nasr Abū Zayd are presented in illustration of this latter point. (shrink)

Does commercial speech deserve the same freedom from governmental interference as do noncommercial forms of expression? Examination of this question forces a reappraisal of the grounds upon which freedom of expression rests. I urge an analysis of those grounds which founds freedom of speech upon the requirements of individual autonomy over against society. I then apply the autonomy analysis to commercial expression by examining the empirical features which distinguish commercial forms of expression. Some (...) such features - e.g., triviality — have been cited by others as justification for limiting the freedom accorded commercial speech, but I reject the power of those features to limit freedom of expression. Instead, I identify three features of commercial expression which are relevant to the task: resiliency (coupled with potential for abuse), action-orientation, and intimate connection with conventional commercial structures. I discuss the implications of these features for legitimizing governmental restriction of freedom in commercial expression, with the general conclusion that such restriction must be more severely limited than is commonly thought. (shrink)

A senior physician with a government role in Japan made a widely reported and misleading statement about Thailand’s policy on HIV/AIDS patients. He claimed that in Thailand the policy is to spend public money on the prevention of HIV infection while allowing AIDS patients to die untreated. The author, a community nursing specialist in Japan with first-hand knowledge of HIV/AIDS policy in Thailand, thought that this statement would influence attitudes negatively in Japan. However, speaking out about this misrepresentation of (...) the facts carried certain risks. Although freedom of expression is valued in Japan, in practice it is not easy to contradict senior medical professionals. The author uses his experience of this difficult professional situation to teach nurses how to approach speaking out in the public interest. (shrink)

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 (...) class='Hi'>expression may be thought to be undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right (...) to hold psychotic delusions. This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well. (shrink)

The Meditations of Marcus Aurelius are treasured today--as they have been over the centuries--as an inexhaustible source of wisdom. And as one of the three most important expressions of Stoicism, this is an essential text for everyone interested in ancient religion and philosophy. Yet the clarity and ease of the work's style are deceptive. Pierre Hadot, eminent historian of ancient thought, uncovers new levels of meaning and expands our understanding of its underlying philosophy. Written by the Roman emperor for (...) his own private guidance and self-admonition, the Meditations set forth principles for living a good and just life. Hadot probes Marcus Aurelius's guidelines and convictions and discerns the hitherto unperceived conceptual system that grounds them. Abundantly quoting the Meditations to illustrate his analysis, the author allows Marcus Aurelius to speak directly to the reader. And Hadot unfolds for us the philosophical context of the Meditations, commenting on the philosophers Marcus Aurelius read and giving special attention to the teachings of Epictetus, whose disciple he was. The soul, the guiding principle within us, is in Marcus Aurelius's Stoic philosophy an inviolable stronghold of freedom, the "inner citadel." This spirited and engaging study of his thought offers a fresh picture of the fascinating philosopher-emperor, a fuller understanding of the tradition and doctrines of Stoicism, and rich insight on the culture of the Roman empire in the second century. Pierre Hadot has been working on Marcus Aurelius for more than twenty years; in this book he distills his analysis and conclusions with extraordinary lucidity for the general reader. (shrink)

Is there a moral right to freedom of conscience? Should a legal right to freedom of conscience be established in each country on Earth? This essay argues for negative answers to both questions. The term freedom of conscience might refer to freedom of thought and the freedom of expression that sustains freedom of thought. In this sense we might affirm the right of each person to form individual opinions about the right (...) and the good, about what we owe one another by way of due consideration of others, and about what is worthy of pursuit in life, on the basis of free discussion of these matters. In the present discussion, these freedoms, important as they might be, are not under consideration. Let us assume freedom of thought and expression are secured. The status of freedom of conscience in the sense that is our concern in this discussion is still wide open. (shrink)

Li Zehou’s work can be understood as an account of a Chinese modernity, a vision for Chinese society that seeks to integrate three distinct philosophical approaches. These are Chinese history and culture, which Li understands as largely Confucian; Marxism, which has exerted such influence on a modernizing China; and Western learning more generally, as expressed by figures such as Immanuel Kant and Sigmund Freud. Li also frequently expresses the hope that a Chinese modernity will be one in which the importance (...) of the individual is recognized, and rights and freedoms upheld (e.g., Li and Cauvel 2006, p. 182). But this stance raises an important question: how are individuality and freedom understood in Li’s philosophical system? In this paper, I want to examine what resources Li offers to help us conceptualize their place in a modernity with Chinese characteristics. Confucian culture is often regarded as authoritarian and hierarchical, less interested than more liberal traditions in an ideal such as freedom. So how does freedom relate to the Confucian root of Chinese culture, as construed by Li? In this paper I explore how Li Zehou’s study of Confucian aesthetics can deliver a novel conception of freedom, one grounded in Confucian thinking about personal cultivation, and aimed at the free creation of delight (樂). (shrink)

I argue for the recognition of a particular kind of interest that one has in freedom of expression: an interest served by expressive activity in forming and discovering one’s own beliefs, desires, and commitments. In articulating that interest, I aim to contribute to a family of theories of freedom of expression that find its justification in the interests that speakers have in their own speech or thought, to be distinguished from whatever interests they may also (...) have as audiences or third parties for speech. Although there are many differences among such speaker-centered theories, a core commitment that most share is that expressive liberty plays a fundamental role in securing or constituting some form of individual self-realization. My account is a defense and elaboration of what I take to be one specific way in which the nature of such self-realization should be understood. In my proposal, self-realization is sometimes internally related to the very activity of expression, viz, expressing ourselves is one way in which we come to form and know our own minds. (shrink)

This paper elaborates on the deliberative democracy argument for freedom of expression in terms of its relationship to different dimensions of autonomy. It engages the objection that Enlightenment theories pose a threat to cultures that reject autonomy and argues that autonomy-based democracy is not only compatible with but necessary for respect for cultural diversity. On the basis of an intersubjective epistemology, it argues that people cannot know how to live on mutually respectful terms without engaging in public deliberation (...) and developing some degree of personal autonomy. While freedom of expression is indispensable for deliberation and autonomy, this does not mean that people have no obligations regarding how they speak to each other. The moral insights provided by deliberation depend on the participants in the process treating one another with respect. The argument is related to the Danish cartoon controversy. (shrink)

The article is updated by several circumstances, which the authors reflect on. In their opinion, there are 1) obvious and external threats — violations of freedom of conscience in the temporarily occupied Ukrainian territories, including Crimea, which arose as a result of the Russian-Ukrainian war, and 2) internally hidden and potential dangers for freedom of religions of Ukrainian citizens. The well-known examples of discrimination of believers of certain faiths in the so-called DPR-LPR and Crimea given by the authors (...) are constantly updated. Relevant monitoring and analytical reports are prepared by both Ukrainian and international experts. They submitted these reports to international human rights organizations, including the rights for Freedom of Religion and Belief. Despite such convincing documented materials, separate accusations have recently appeared against Ukraine, which allegedly violates freedom of religion in the territory under its control. Some are trying to prove that Ukraine, taking advantage of the war situation and referring to the spiritual dangers for Ukraine from those religious organizations whose centers are in the aggressor country, threatens some churches, thereby violating the Constitution and the Law on Freedom of Conscience, which guarantee for all citizens, regardless of from their religious affiliation, freedom of religion. The authors refute these narratives lashed out by Russia and the Russian Orthodox Church. Such negative conclusions, which express concern about the situation in Ukraine regarding freedom of conscience and religion, influence on the world public, experts on issues of freedom of conscience, religious organizations, spoil the image of Ukraine as a country with high level of freedom of conscience even among European countries. Religious freedom, as the authors conclude, needs protection today, but they call for separating real threats from imaginary ones and clearly defining who persecutes, whom he/she persecutes and where persecutes. Ukraine is consistent in its intentions to protect the rights of people and communities, to protect the freedoms of believers and their organizations. (shrink)

At its core, this exhilarating collection of essays, interviews, and correspondence spanning the years 1988 through 2018, and reaching back a decade or more previous is about the simple concept that ideas matter. And not only that ideas matter. But that ideas in this case, through the lens of two engaged intellectuals mutate, inform, inspire, and ultimately provide more fuel for thought, the actions that follow such thought, and for carrying on, and doing the work.

Speaking of Freedom analyzes the development of ideas about freedom and politics in contemporary French thought from existentialism to deconstruction, in relation to several of the most prominent twentieth century liberation struggles. It describes the paradox of freedom—that freedom "kills itself" in both thought and practice: in the attempt to theorize the indeterminate, and in the revolution or emancipatory discourse that dies as it hurries towards its utopian conclusion, rejecting one system only to be (...) enslaved by another. Both the philosophical wariness of the concept of liberation that one finds in Foucault and Derrida, and the desire for freedom from oppression expressed by anti-colonialists and feminists, are shown to be necessary for political practice. The book thus provides a cogent analysis of some of the most difficult concepts of contemporary continental philosophy, along with a profound sense of engagement with liberation struggles. (shrink)

Is freedom of research protected at the constitutional level? No obvious answer can be given to this question, as European and Northern American constitutional systems are not unequivocal and the topic has not been discussed deeply enough.Looking at the constitutions of some European and Northern American countries, it is possible to immediately note that there are essentially two ways to deal with freedom of scientific research. On the one hand, in Canada and in the US, constitutions have no (...) specific provisions to protect freedom of scientific research, with the result that such freedom ends up having to be protected as a specific aspect of the wider freedom of thought and expression . On the other hand, other countries’ constitutional systems, mainly European ones, expressly recognise freedom of research and teaching arts and science. For instance, article 5 of the German Constitution states that “Art and science, research and teaching are free”, article 33 of the Italian Constitution1i establishes that “The arts and sciences as well as their teaching are free” and article 59 of the Slovenian Constitution states that “Freedom of scientific research and artistic endeavor shall be guaranteed”.Within this second group, some constitutions limit their protection to the provision of freedom of scientific research, whereas other fundamental laws engage governments in promoting and supporting it. For example, the Italian Constitution, which states that “The Republic promotes cultural development and scientific and technical research” , the Spanish Constitution, according to which “public authorities shall promote science and scientific and technical research for the benefit of general interest” and, also, the Greek Constitution, whose article 16 establishes that art, science, research and their teaching are free, and their promotion is mandatory for the State.2 It …. (shrink)

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

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

We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the (...) basis for an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a coherent justification for the freedom of speech. Habermas' theory takes as its point of departure the speech act theory developed through contemporary analytic philosophy and linguistics. The central theme of speech act theory is that speech is action; communication coordinates individual behavior through achieving rational understanding. An important corollary is the proposition that communication is intersubjective; speech acts involve both speakers and listeners. In addition, the theory of communicative action makes a distinction between communicative action-oriented to the coordination of behavior through rational agreement-and strategic behavior-the use of speech to manipulate, coerce, or deceive. I argue that a theory of free speech can incorporate this distinction to mark the boundaries of the right to free speech: freedom of speech is freedom to engage in communicative action, not strategic action. Another component of Habermas' theory is the ideal speech situation, in which rational agreement may be reached because distorting factors are excluded; this ideal situation serves as the basis of a principle of equality of communicative opportunity that can give the freedom of speech its fundamental content. Habermas' theory of communicative action provides the basis for my reinterpretation of the first amendment freedom of speech as the freedom of communicative action. This Article has two aims. My first aim is to develop a theory of the meaning of the first amendment from the theory of communicative action. In pursuit of this first goal, the Article assumes a perspective that is internal to the practice of American constitutional law. I argue that Habermas' theory has substantial power to explain and justify first amendment doctrine. Indeed, it is my view that a theory of freedom of speech based on the theory of communicative action, more so than any other theory, provides the best justification for the first amendment while simultaneously providing the best fit with the existing case law. In addition to the development of a theory of the first amendment, this Article has a second aim: From the point of view of the practice of social theory, the current Article is a "thought experiment" designed to test and elaborate Habermas' theory of communicative action. I explore various objections to and ambiguities in the theory of communicative action by taking up the attitude of a participant in the practice of legal interpretation who adopts the theory of communicative action as a practical principle for institutionalization of discourse in the public sphere. It is my hope that this thought experiment will have value in the enterprise of understanding, clarifying, and extending the theory of communicative action. For example, this Article responds to the suggestion that the theory of communicative action should be reformulated as a theory of institutionalized discourse "in the public sphere of a participatory democracy." Part II of this Article begins with a hermeneutic approach to the problem of interpreting the first amendment. Part III explores and criticizes existing theories of the freedom of expression. The theory of communicative action is explicated in Part IV; the implications of that theory for the freedom of speech are explored in Part V. Finally, Part VI applies the results to specific problems in first amendment doctrine, and Part VII draws some conclusions about the implications of this exercise for both first amendment doctrine and the theory of communicative action. (shrink)

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

The article analyzes the key issues of the theology of the modern Greek theologian Chrysostomos Stumulis. Emphasizing the need for the development of Orthodox thought and a clear definition of its place and role in the modern world, the theologian raises issues that are a definite taboo not only for Orthodoxy, but for Christianity as a whole. The problem of the correlation of Eros love and Agape love acquires a new interpretation from theologian, which reveals new horizons for the (...) creation of the latest Christian anthropology. In this context, the view of the theologian is revealed on the relationship between the key anthropological categories of Christianity - faith, love and freedom. Violation of their interaction generates a distorted embodiment of these qualities, which necessitates degradation both of society and of man. The theologian emphasizes that the inability of the Church for millennia to boldly raise the question of the nature of Eros and give him a worthy place in the nature of incarnation limits both the Church and the understanding of Christ. Modern theological thought must respond to problems that are too acute in society, despite the fact that they can be a challenging task for Orthodoxy. The ability of theology to respond to them, generates a "high risk" theology, which has the determination to speak and show the morbidity of an idealized past, dare to point out that some aspects of universally accepted truths are obsolete. The formation of a culture of embodiment is the basis upon which the theologian develops the Theology of the Word of the Flesh. Spirituality, which denies incarnation, in the opinion of the author, appears as pastoral idolatry and leads to dehumanization of society. Understanding the culture of theology as a manifestation of the culture of the flesh, as an expression of all aspects of human life in the perspective of their transformations through the Person of the Incarnate, appears as a continuation and expansion of creation. Love requires the adoption of matter and the human body. Only in this sense disclosure of a human as a Person, in the full extent of his creative spirit. Holistic understanding and a fair assessment of love - eros describes it as an opportunity for revelation and knowledge of both human personality and divine. Violating questions of love, sexuality, desire and satisfaction, the theologian indicates that they have not only anthropological nature, but are a holistic manifestation of the essence of the church body. Consequently, the accusation of Eros by Orthodox theologians points to an inhuman society, full of objections and accusations in human existential self-consciousness. The theologian draws attention to the need for theological discourse in the 21st century in the context of the formation of modern anthropology, in the aspect of disclosure of its completeness, which was lost in the abolition of theology. (shrink)

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

The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in philosophy as (...) an understanding of free will against the idea of determinism, and in politics as independence against oppressive governments. Since the day it was addressed as an independent topic, it has attracted attention with its different types and aspects, including freedom of the press, freedom of thought, freedom of expression, freedom of religion and conscience. We see that the intellectual adventure of the Western world in the last two centuries has been shaped around these concepts. The libertarian attitude, which at first manifested itself as a rebellion against religious and secular authorities, was later driven to extremes that saw itself as independent from all moral and social norms. These debates were inevitably reflected in the field of theology, and topics such as the position of the will of man against God’s will, fate and the problem of evil were reconsidered according to contemporary claims and objections. The atheistic tendencies that emerged in the Western world claimed that all religions deprive man of the possibility of being an active subject on earth and that a person who believes that all his/her actions are known and determined cannot be truly free. This point is actually one of several important issues that contemporary atheism raises against theism. These debates have also reached the Islamic world and the issue continued to be addressed with similar arguments. At its core, each of these claims rests on the assumption that Islam's conception of the human being leaves no room for individual freedom. Although the problem has different aspects such as fate and theodicy, one of the most striking aspects of the problem is the question of whether man has the right to reject Islam as well as the right to enter Islam by one’s own free will. It is important to answer this question. Because some practices from the early period of Islamic history and the assumptions that apostates should be killed according to certain conditions, which are accepted as an established jurisprudence in Islamic law, have provided important opportunities for anti-Islamic ideas and ideologies. This article shows how the issue has been dealt with in the classical literature, while at the same time suggesting solutions on how to approach the phenomenon of conversion today. In addition, the study will show that the issue is dealt with in the context of public security in the fiqh literature, and therefore, the current cases of conversion or apostasy do not fully correspond to the discussions in the classical period. (shrink)

In this review, I outline Lærke's interpretation of Spinoza's freedom of philosophizing as a rich, positive freedom, encompassing but extending far beyond mere legal permission for free expression. Lærke's book takes on the challenge to explain how such freedom is to be brought about. I suggest that Lærke's reconstruction overlooks a central plank of Spinoza's approach: the role of good institutional design in supporting freedom. The longer version is the original author submission; the shorter version (...) was trimmed on the journal's request. (shrink)

Ancient Philosophy Today, Volume 4, Issue 2, Page 248-250, October, 2022.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.4 (2002) 328-344 [Access article in PDF] Spaces of Invention:Dissension, Freedom, and Thought in Foucault Kendall R. Phillips Over the past two decades, invention has become an increasingly difficult concept to discuss. In an age when the free, rational actor has become not only de-centered but viewed as both impossible and undesirable by some social theorists, the traditional conception of invention, especially rhetorical invention, (...) becomes more tenuous. While some continue to promote a rational deliberative model of the human subject—Habermas is a prime example of this school of thought—the harsh and unrelenting critiques of poststructural and postmodern thinkers have cast these recovery efforts in a nostalgic and often negative light. Chief among these critics of the modern, humanist conception of human action is Michel Foucault. Within Foucault's perspective our utterances are governed by underlying rules of discourse formations, our actions are proscribed and authorized by relations of power, and our very conception of our self is circumscribed by technologies of subjectivity. Contained within these intertwined relations of knowledge, power, and subjectivity, the human subject takes on a very different meaning and even the concept of "human subject" is itself a product of these intertwined relations; a product that may, in time, disappear under new relations of discourse and governance.Despite the apparent centrality of a creative human subject to the study of rhetoric, Foucault has taken his place within the study of rhetoric. Of course, neither this incorporation of Foucault nor the observation of its peculiarity is particularly new. The incorporation of Foucault into rhetoric took its most dramatic turn in 1989 with Raymie McKerrow's "Critical Rhetoric" essay and the implications of this union of Foucault and rhetoric were forcefully raised by Barbara Biesecker in "Michel Foucault and the Question of Rhetoric" (1992). These two important essays made the relationship between Foucault and rhetoric most pressing: McKerrow by offering [End Page 328] a practical agenda for a Foucaultian rhetorical perspective and Biesecker by opening a space for reflection on this type of agenda. In the intervening decade, however, the incorporation of Foucault into rhetoric has outstripped the reflection on this incorporation and Foucault now sits as comfortably in the bibliographies of rhetorical scholars as Burke or McKeon or Perelman.The purpose of the present essay is to revisit this relationship between Foucault and rhetoric. I pursue this end not in order to critique McKerrow's project or to outstrip Biesecker's reflections, but in order to press the importance of their earlier arguments. The project of a Foucaultian rhetoric should be taken seriously, seriously enough to keep the peculiarity of this union in the forefront of our minds as we pursue it. My present effort furthers this end by seeking within Foucault a space for invention and, in so doing, asks the question: how might invention be rendered within a Foucaultian framework?My contention is that a space for invention exists within Foucault's studies of knowledge, power, and subjectivity and that this space can be demonstrated by considering the counterpoints to his tripartite understanding of the human condition. The limiting/enabling relations of knowledge/power/subjectivity are counterpointed by three terms that describe the conditions for invention: dissension, freedom, and thought. Before turning to the conditions for these spaces of invention and the unique shape of invention that emerges from them, I will briefly consider previous discussions of Foucault. Power, resistance, and invention Rhetoricians, to be clear, are not the first to be concerned with the apparent foreclosing of the possibility of invention within Foucault. Focusing mainly on dominating relations of power/knowledge/subjectivity, Foucault seems to leave little ground for the creation of new ways of acting, speaking, or being. However, what I call a concern for invention has generally not been expressed as such; rather, in rhetoric and in other fields, criticism of Foucault has been largely couched in terms of resistance. Edward Said (1986), for instance, contends that Foucault's work is "not finally as contestatory, or as oppositional as on the surface it seems to be" (152... (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Mogens Lærke. Spinoza and the Freedom of Philosophizing. Oxford: Oxford University Press, 2021. Pp. xviii + 387. Hardback, $115.00. -/- Spinoza's political philosophy, always a subject of attention in Francophone scholarship, has been coming into sharper focus for Anglophone readers in recent years as well. Mogens Lærke—well known for his essays on metaphysics and cognition in Spinoza, for his invaluable book Leibniz lecteur de Spinoza (Paris: Honoré (...) Champion, 2008), and for bridging French and English scholarly communities—has now written a richly contextual treatment of Spinoza's conception of the freedom of philosophizing (libertas philosophandi). His book presents a thoroughly mid- to late seventeenth-century Dutch Spinoza. The expression libertas philosophandi appears in the full title of Spinoza's Theologico-Political Treatise (1670, hereafter TTP). Lærke argues that libertas philosophandi is the key to understanding "Spinoza's attempt to theorize a new republican public sphere" (5). As defined by Spinoza, "the freedom of philosophizing is not for Spinoza an individual right but a collective natural authority constitutive of a particular kind of public sphere" (5)—namely, one constituted by such recognizably republican notions as equality, integrity, virtue, and honor. It depends on citizens "having taken possession of their own free judgment and on their capability and willingness to engage with each other without prejudice and deceit" (234). Far from being "granted," libertas philosophandi is "achieved through civic education and mutual advising in the public sphere" (235). Rather than a formal permission or abstract right, libertas philosophandi is a socially mediated expression of power (or what the Ethics calls conatus, striving and expression): it emerges and is maintained through cultivation, regulation, and identification, and is communal—that is, political. Put another way, libertas philosophandi is a collective form of freedom enacted as a noncoercive exchange of views among equals who agree to search for truth and pursue well-being together. As distinct from the rational and intellectual freedom examined in the Ethics, libertas philosophandi reflects everyone's natural (and so inevitable) power of self-expression and does not depend on rational attainment. The task of politics is inducing as many people as possible to express themselves constructively. Thus, politics depends on motivating people to act as if they were rational. In practice, this means that citizens must commit themselves to friendly mutual advice and teaching rather than to coercive measures, to deliberative structures rather than to secrecy and partiality, and to acceptance of a unified sovereign, whatever the exact form of the government may be. Following the indications of TTP 5 and TTP 16-17, Lærke shows that this commitment can come about either imaginatively [End Page 523] or rationally. For those who do not or cannot—or cannot consistently—comprehend the usefulness of a well-constructed imperium, imaginative myths, such as the revelation at Mount Sinai or the social contract itself, are required. For those for whom the founding myths and codes, such as the principles of universal religion, prove insufficiently binding, state force intervenes. With characteristic erudition, Lærke situates Spinoza in the political, religious, sociocultural, and economic currents of mid- to late seventeenth-century Amsterdam. This contextualization leads to new ways of understanding Spinoza's place in the history of toleration and democratic thought. Lærke pairs this historical-philosophical sleuthing with close attention to Spinoza's exact language and argumentative structure. Most provocatively, Lærke insists on the fundamental continuity of Spinoza's political philosophy against influential readings that suppose a late-life change of heart. Chapters 2–5 explore the meaning of libertas philosophandi. Chapter 2, "Circles and Spheres of Free Philosophizing," retraces the history of the notion; chapter 3, "Philosophizing," presents philosophizing as a broad argumentative style encompassing reasoning from experience and practical or historical reasoning as well as more technical modes of inference and argument. What Spinoza calls the "natural light" and characterizes as "sound reason" is thus common to all, not restricted to intellectuals. Chapter 4, "The Apostolic Styles," studies Spinoza's analysis of the teaching methods exhibited in the Greek Scriptures. Chapter 5, "Authority," draws this part of the book to a... (shrink)

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

Li Zehou’s work can be understood as an account of a Chinese modernity, a vision for Chinese society that seeks to integrate three distinct philosophical approaches. These are Chinese history and culture, which Li understands as largely Confucian; Marxism, which has exerted such influence on a modernizing China; and Western learning more generally, as expressed by figures such as Immanuel Kant and Sigmund Freud. Li also frequently expresses the hope that a Chinese modernity will be one in which the importance (...) of the individual is recognized, and rights and freedoms upheld (e.g., 2006, p. 182). But this stance raises an important question: how are individuality and freedom understood in Li’s philosophical system? In this paper, I want to examine what resources Li offers to help us conceptualize their place in a modernity with Chinese characteristics. Confucian culture is often regarded as authoritarian and hierarchical, less interested than more liberal traditions in an ideal such as freedom. So how does freedom relate to the Confucian root of Chinese culture, as construed by Li? In this paper I explore how Li Zehou’s study of Confucian aesthetics can deliver a novel conception of freedom, one grounded in Confucian thinking about personal cultivation, and aimed at the free creation of delight (樂). (shrink)

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