The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of (...) the discrepancies that arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter (...) right, the latter offers a promising foothold to rise above subjectivity and find a firm footing based on communal relations. In emphasizing the importance of the dialogical nature of human beings and the relational necessity undergirding moral judgements, I argue that the concept of conscience should be understood and practiced in community, rather than individually. (shrink)

This chapter offers an account of Crusius’ conception of freedom. In the first part of the chapter I sketch Crusius’ understanding of ‘Thelematology’ or ‘science of the will’ and his conception of the will itself. In the second part of the paper I provide an account of Crusius’ conception of freedom of the will and I focus on two topics: his understanding of freedom as self-determination and his conception of free choice. Contrary to how some of the (...) secondary literature portrays his view, I argue that freedom of the will, for Crusius, is not best described as the freedom to choose otherwise or liberty of indifference. On the contrary, Crusius argues that free choice is rarely indifferent to its choices and is most often strongly inclined towards certain ends that free choice must overcome and choose against. (shrink)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as authentic. To (...) make progress, following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (shrink)

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to (...) heart that the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

Philosophical accounts of freedom typically fail to capture an important kind of freedom—freedom to change what one cares about—that is central to our understanding of what it is to be a person. This paper articulates this kind of freedom more clearly, distinguishing it from freedom of action and freedom of the will, and gives an account of how it is possible. Central to this account is an understanding of the role of emotions in determining (...) what we value, thus motivating a rethinking of the importance of emotions in the mental lives of persons. (shrink)

Edwards’s views on the nature of the human will demonstrate his unique ability to unite philosophical rigor and theological fervor. Edwards was a staunch defender of the Reformed doctrines of absolute divine sovereignty and meticulous providence, but he was also a proponent of the intellectual tools and methods of early modern philosophy (and of John Locke in particular). His ultimate statement of his doctrinal position, Freedom of the Will, is the masterful result of these dual commitments.

The Buddha, unlike the Upaniṣadic or Brahmanical way, has avoided the concept of the self, and it seems to be left with limited conceptual possibilities for free will and moral responsibility. Now, the question is, if the self is crucial for free will, then how can free will be conceptualized in the Buddhist ‘no-self’ (anattā) doctrine. Nevertheless, the Buddha accepts a dynamic notion of cetanā (intention/volition), and it explicitly implies that he rejects the ultimate or absolute freedom of the (...) will, but not the minimal power of free will. It seems that the Buddha’s view shifts from agent causation (independent ownership) to a causal sequence of impersonal processes (psychophysical factors). This paper claims to shed clarity on ‘whether free will is viable in the context of the anattāvāda in Buddhism.’ It mainly studies the secondary sources (even though it has also discussed the primary sources) and their interpretations of freedom of the will and how it further does argue for a compatibility approach of free will in Buddhist thought. (shrink)

Kant holds that the applicability of the moral ‘ought’ depends on a kind of agent-causal freedom that is incompatible with the deterministic structure of phenomenal nature. I argue that Kant understands this determinism to threaten not just morality but the very possibility of our status as rational beings. Rational beings exemplify “cognitive control” in all of their actions, including not just rational willing and the formation of doxastic attitudes, but also more basic cognitive acts such as judging, conceptualizing, and (...) synthesizing. (shrink)

This essay discusses how, for Hegel, freedom can be realized in nature in a rudimentary fashion in solar systems. This solves a problem in Kant’s account of freedom, namely, the problem that Kant only gives a negative argument for why freedom is not impossible but does not give a positive account of how freedom is real. I give a novel account of Kant’s negative argument. Then, I show how, according to Hegel, solar systems can be considered (...) as exhibiting freedom in a rudimentary fashion. Finally, I lay out how Hegel systematically develops this point about the freedom of solar systems in the ‘Mechanism’-chapter of the Science of Logic. In doing so, he uses Kant’s negative argument in a ‘purified’ form to arrive at an account of an ‘intimate token-type relation’ between the planets in a solar system and the law that governs their motion. The essay as a whole provides a concrete example of how Hegel is an inheritor and radicalizer of Kant, both with respect to freedom’s reality and with respect to philosophical method. (shrink)

Some philosophers hold that stifling free expression stifles intellectual life. Others reply that freedom of expression can harm members of marginalized groups by alienating them from social life or worse. Yet we should still favour freedom of expression, especially where marginalized groups are concerned. It's better to know who has repugnant beliefs as it allows marginalized groups to identify threats: free expression qua self-defence.

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Volume 31, Issue 1, January 2023, Page 103-126.

Freedom of speech in universities is currently an issue of widespread concern and debate. Recent empirical findings in the UK shed some light on whether speech is unduly restricted in the university, but it suffers from two limitations. First, the results appear contradictory. Some studies show that the issue of free speech is overblown by media reportage, whilst others track serious concerns about free speech arising from certain university policies. Second, the findings exclude important issues concerning restrictions to speech (...) on campus that fall outside of the traditional debate around violations to free speech rights. This is particularly the case when certain voices are excluded from important policy conversations, and in issues around diversifying the curriculum. This paper overcomes these two limitations by developing a novel conceptual framework within which to situate current debates concerning speech related matters in universities. It does so by developing a taxonomy around the concept of ‘silencing’. It then considers the current issue of speech matters in universities within this framework to determine whether, and to what extent, speech is indeed unduly restricted, and where this is a concern for free speech violations, and where it falls outside of this issue. (shrink)

The freedom of the human is person is nothing without responsibility. When there is responsibility, there is authenticity.

People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech sometimes deserves priority. But what can we say, then, (...) about situations in which heckling clearly seems to infringe upon people’s civil liberties, in a way that intuitively justifies intervention? In such cases, we argue, heckling infringes upon people’s associative freedom. We present and defend an ethical framework for the institutional management of ‘Speech Fights’, geared around this insight. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 (...) January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, (...) I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Following an Open conception of Divine Foreknowledge, that holds that man is endowed with genuine freedom and so the future is not definitely determined, it will be claimed that human freedom does not limit the divine power, but rather enhances it and presents us with a barrier against arbitrary use of that power. This reading will be implemented to reconcile a well-known quarrel between two important interpreters of Duns Scotus, Allan B. Wolter and Thomas Williams, each of whom (...) supports a different interpretation of the way God acts according to right reason. (shrink)

A standard liberal claim is that freedom of choice is not only instrumentally valuable but also intrinsically valuable, that is, valuable for its own sake. I argue that each one of five conditions is plausible if freedom of choice is intrinsically valuable. Yet there exists a counter-example to the conjunction of these conditions. Hence freedom of choice is not intrinsically valuable.

In this article I clarify the relationship between the use of involuntary antipsychotic medication and a delusional person’s freedom of thought in the light of three different views of freedom, namely, freedom as negative freedom, freedom as having an autonomous mind and freedom as capability. It is not clear how freedom of thought as a psychotic person’s human right should be understood and protected in practice. Therefore, further discussion is needed. These different ways (...) of understanding a patient’s freedom of thought also encourages to consider individual situations, hear the patient’s voice and work both multiprofessionally and across disciplines. (shrink)

This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations and other (...) key organisations have put in place to ensure religious and belief freedoms are protected for every human being around the world. Compiled by Cometan, this dictionary follows on from the Concise Dictionary of Astronism (First Edition; 2020) and The Institutional Dictionary of Astronism (First Edition; 2021). (shrink)

Philip Kitcher argued that the freedom to pursue one's version of the good life is the main aim of Mill's argument for freedom of expression. According to Kitcher, in certain scientific fields, political and epistemological asymmetries bias research toward conclusions that threaten this most important freedom of underprivileged groups. Accordingly, Kitcher claimed that there are Millian grounds for limiting freedom of inquiry in these fields to protect the freedom of the underprivileged. -/- I explore Kitcher's (...) argument in light of the interpretation Helen Longino gave to Mill's argument. She argued that free critical dialogue in the community allows bias to be overcome, through intersubjective criticism of hypotheses and the background assumptions that frame them. I suggest that Longino's approach allows for the identification of the fundamental problems of the research programs Kitcher targeted, and for the rejection of their claims to knowledge. Thus it is possible to address Kitcher's problem without limiting freedom of speech. (shrink)

Stoic philosophers had to face the accusation of incoherence, self-contradiction and Paradoxes since ancient times. Plutarch in his Moralia writes against them; Cicero devotes a separate work on stoic paradoxes. Even in contemporary Literature there are still discussions on the possibility of such an incoherence and existence of paradoxes in the stoic theory. At first glance, stoic Cosmology gives the impression to both accept a kind of Determinism, and at the same time it undoubtedly argues for the moral agent’s (...) class='Hi'>freedom of the Will. In pre-stoic or even other contemporary to Stoicism Philosophical Traditions, the definitions that these two terms/concepts are given, fairly accuse as incoherent any Theory that does not set them as “contraries”. Under these types of accusations, the stoic Cosmology and Theory of the Freedom of the Will is often to be included. This phenomenal self-contradiction inside the Principles of Stoicism becomes even more obvious in Epictetus, a philosopher of the Late Stoa. He is interested in practical ethics, thus the phenomenal contradiction gets more lucid. This would have augmented the criticism of the Stoic philosophy for incoherence, if Epictetus had not made his main philosophical aim/target : the clarification of how an agent’s Will can be Free inside a Universe ruled by Fate/Destiny ; namely, a Universe merely Determined by Nature’s/God’s Will. Epictetus’ originality appears in the way he interrelates the concept of Freedom of the Will with the concept of Destiny and Determinism, in order to accomplish their simultaneous co-existence. This approach guards him against being easily accused for incoherence and self-contradiction. Through the unique way he understands and defines the Moral Agency, which is the agent’s internal state/condition/disposition, he steers towards an integrated, accomplished, strong and coherent line of argument. This sturdy declaration is able to support the weight of the Consent to a Free Will, and thus a certain kind Freedom of the moral agent. The excellence of this line of argument is that it can bear also the burden of the Consent to the phenomenally contrary concept of Determinism and Destiny. The elements used to the construction of this argument, which is stretched throughout the whole epictetean corpus can be summarised to a few key concepts, which are: the things which are in our power and the things which are not in our power, the concept of Freedom. These concepts work towards his philosophical targeting, because of the special definition he gives them. Axiomatically Epictetus states that in order for man to be free, it is necessary to be liberated from what the body forces him to do. Desires, passions and beliefs are considered as elements which are external to the moral agent. The moral agent “shrinks” into the Will. Thus man has the capability to free himself from anything external to his Will and therefore to harmonise his own Will to the Will of Nature/God; namely, to will what Nature/God wills and thus never conflict to the external facts. Consequently, Epictetus’ solution, is to include in the category of τά οὐκ ἐφ' ἡμῖν anything that he defines as external to the prohairesis: the desires, beliefs, passions and in general anything the body entails, the external facts. Thus the prohairesis, remains unhindered and it is completely depended on man’s power ; as characteristically Epictetus writes, “not even Zeus himself can overpower” the prohairesis. -/- Dissertation for the MSc Ancient Philosophy (2008-2009) at The University of Edinburgh, supervised by Inna Kupreeva. (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)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be 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)

Kant’s theory of freedom, in particular his claim that natural determinism is compatible with absolute freedom, is widely regarded as puzzling and incoherent. In this paper I argue that what Kant means by ‘freedom’ has been widely misunderstood. Kant uses the definition of freedom found in the republican tradition of political theory, according to which freedom is opposed to dependence, slavery, and related notions – not to determinism or to coercion. Discussing Kant’s accounts of (...) class='Hi'>freedom of the will and freedom of the agent in turn, I argue that this insight sheds new light on Kant’s transcendental compatibilism and suggests novel responses to age-old objections. (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)

Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.

This chapter offers a plea for the media to reframe its coverage of campus controversies from free expression to academic freedom. These freedoms are entwined, but distinct. Freedom of expression is extended to all persons with no expectation of quality control, apart from legal prohibitions against defamation, threats, etc. By contrast, academic freedom is a cluster of freedoms afforded to scholarly personnel for a particular purpose – namely, the pursuit of universities’ academic mission to seek truth and (...) advance understanding in the service of society. An academic freedom framing better reflects the distinctive social purpose around which universities are organized, as well as universities’ duty of care to employees and students. While universities have a legal and moral duty of care to all employees and students, the unjust, exclusionary past and present of higher education arguably makes that duty particularly acute in the case of equity-deserving (e.g., racialized, Indigenous, disabled or 2SLGBTQ+) people. Finally, academic freedom framing for campus media stories is less monolithic than free expression framing, allowing for a more nuanced understanding of campus controversies while keeping universities accountable to the public they serve. In this chapter, I survey three very different campus controversies at a single Canadian university, and the media response each received. I show how an academic freedom frame for those stories would have produced better reportage while reducing opportunities for bad actors to manipulate both universities and the media. At the end of the day, the real crisis at universities isn’t the cancellation of ill-judged events that were never a part of the academic mission; it is the ongoing erosion of academic freedom. (shrink)

The so-called theory of karma is one of the distinguishing aspects of Hinduism and other non-Hindu south-Asian traditions. At the same time that the theory can be seen as closely connected with the freedom of will and action that we humans supposedly have, it has many times been said to be determinist and fatalist. The purpose of this paper is to analyze in some deepness the relations that are between the theory of karma on one side and determinism, fatalism (...) and free-will on the other side. In order to do that, I shall use what has been described as the best formal approach we have to indeterminism: branching time theory. More specifically, I shall introduce a branching time semantic framework in which, among other things, statements such as “state of affairs e is a karmic effect of agent a”, “a wills it to be the case that e” and “e is inevitable” could be properly represented. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...) express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

In this article we offer a perspective on the immense number of problems and challenges confronting humanity in our common biosphere. As our human population grows and urbanization increases globally, billions of humans with diverse beliefs and opinions are living in large urban areas without the basic needs of life. The way forward in our biosphere is not violence and disrespect. It is working to maintain and improve our common biosphere and solve our common global problems. Religion and religious believers (...) will need science, so humans can survive and sustain our biosphere. (shrink)

This book is a new interpretation of Schelling's path-breaking 1809 treatise on freedom, the last major work published during his lifetime. The treatise is at the heart of the current Schelling renaissance—indeed, Heidegger calls it "one of the most profound works of German, thus of Western, philosophy." It is also one of the most demanding and complex texts in German Idealism. By tracing the problem of ground through Schelling's treatise, this book provides a unified reading of the text, while (...) unlocking the meaning of its most challenging passages through clear, detailed analysis. This analysis shows how Schelling's implicit distinction between senses of ground is the key to his project of constructing a system that can satisfy reason while accommodating objects that seem to defy rational explanation—including evil, the origins of nature, and absolute freedom. This allows Schelling to unite reason and mystery, providing a rich model for philosophizing about freedom and evil today. (shrink)

In this paper, I present an obstacle to realizing John Rawls’s system of justice. The basic liberties have lexical priority, but they risk undermining fair equality of opportunity, because freedom of speech allows us to spread false prejudices. I present the obstacle through a pastiche of a notable fiction writer from the Indian sub-continent.

Journal of Political Philosophy, EarlyView.

This paper argues that, while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. Religious freedom is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. The right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. Thus understood, the two rights have distinct normative rationales. (...) Key doctrinal implications follow for the respective scope of the two rights, whether they may be claimed against non-state actors, and their divergent assessment of religious establishment. These differences reveal a complex map of two overlapping, but conceptually distinct, human rights which are not necessarily breached simultaneously. (shrink)

The Lumad struggle in the Philippines, embodied in its various indigenous peoples (IPs), is still situated and differentiated from modern understandings of their plight. Agamben notes that the notion of ‘people’ is always political and is inherent in its underlying poverty, disinheritance, and exclusion. As such, the struggle is a struggle that concerns a progression of freedom from these conditions. Going over such conditions means that one shifts the focus from the socio-political and eventually reveals the ontological facet of (...) such knowledge to reveal the epistemic formation of the truth of their experience. It is then the concern of this paper to expose the concept of freedom as a vital indigenous knowledge from the Mamanwa of Basey, Samar. Using philosophical sagacity as a valid indigenous method, we interview ConchingCabadungga, one of the elders of the tribe, to help us understand how the Mamanwa conceive freedom in the various ways it may be specifically and geographically positioned apart from other indigenous studies. The paper contextualizes the diasporic element and the futuristic component of such freedom within the trajectory of liberation. The Mamanwa subverts the conception of freedom as a form of return to old ways and radically informs of a new way of seeing them as a ‘people.’ It supports recent studies on their literature that recommend the development of their livelihood rather than a formulaic solution of sending them back to where they were. The settlement in Basey changes their identification as a ‘forest people’ into a more radical identity. (shrink)

This paper discusses the influence of digital media and its online presence on freedom of speech in Vietnam by analyzing three different kinds of emerging online media tools: blogosphere, electronic/online newspapers, and social media networks (SNSs). As a single- party socialist republic country, the controlling power of the media lays in the hands of the Communist Party of Vietnam (CPV). The Doi Moi reform in 1986, marketization and the introduction of the Internet in 1997 have slightly transformed the Vietnamese (...) media environment, however, it remains highly restricted. This paper explores several sources including academic research, research articles, as well as analysis of online press coverage in the Vietnamese media environment to examine governmental control over the media which influences the free flow of information. Understanding digital media developments within the Vietnamese online media environment helps us to understand how Vietnamese netizens utilize these tools to maximize their online freedom of speech, the CPV"s approach to regulate the Internet in order to maintain its legitimacy, and several challenges facing Vietnamese netizens including bloggers, journalists, and the wider public in the digital age. (shrink)

Debates about the concept of Free Will date back to ancient times. About 40 years ago Benjamin Libet designed an experiment showing that the conscious intention to move is preceded by a specific pattern of brain activation. His finding suggested that unconscious processes determine our decisions. Libet-style experiments have continued to dominate the debate about Free-Will, pushing some authors to argue that the existence of Free Will is a mere illusion. We believe that this dispute is because we often measure (...) free will using arbitrary human decisions rather than deliberate actions. After reviewing the definition of free will and the related literature we conclude that the scientific evidence does not disprove the existence of Free Will. However, our will encounters several constraints and limitations that should be considered when evaluating our deeds’ personal responsibility. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this (...) rule-of-law requirement and compare liberal and republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

RésuméJe me penche sur un aspect de la philosophie sociale de Popper, à savoir les principes d'évaluation des interprétations historiques. Ma thèse globale est que suivant la perspective poppèrienne, notre choix parmi des interprétations historiques doit user d'au moins deux des critères qu'applique Popper au choix parmi diverses théories scientifiques : une interprétation devrait logiquement se prêter à une réfutation et elle devrait être consistante. Afin de montrer la pertinence et la fécondité de cette approche, je me concentre sur l'interprétation (...) historique des causes de la montée du nazisme que propose Erich Fromm, en particulier dansEscape from Freedom.Je montrerai que l'application de notions psychanalytiques dans le cadre de son interprétation historique a une valeur explicative faible, voire nulle. Son échec à expliquer certaines questions sociales tient à plusieurs raisons. Premièrement, l'auteur ne fournit pas, quoi qu'il en dise, d'explication causale convaincante. Ensuite, les concepts et les multiples hypotheèsesad hocauxquels il a recours tendent è rendre son interprétation irréfutable. Enfin, Fromm s'appuie sur des assomptions théoriques contradictoires. Mon analyse est basée sur la notion fondamentale de Popper voulant que la connaissance scientifique empirique exige au strict minimum une ouverture des interprétations historiques à la critique intersubjective. C'est cette exigence qui permet de les critiquer — c'est-à-dire les accepter, les réfuter et les corriger — sur une base rationnelle. (shrink)