Results for 'liberty'

288 found
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  1. Rawls’s Defense of the Priority of Liberty: A Kantian Reconstruction.Robert S. Taylor - 2003 - Philosophy and Public Affairs 31 (3):246–271.
    Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, (...)
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  2. Completing Rawls's Arguments for Equal Political Liberty and its Fair Value: The Argument From Self-Respect.Meena Krishnamurthy - 2013 - Canadian Journal of Philosophy 43 (2):179-205.
    Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core (...)
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  3.  32
    Shaftesbury on Liberty and Self-Mastery.Ruth Boeker - 2019 - International Journal of Philosophical Studies 27 (5):731-752.
    The aim of this paper is to show that Shaftesbury’s thinking about liberty is best understood in terms of self-mastery. To examine his understanding of liberty, I turn to a painting that he commissioned on the ancient theme of the choice of Hercules and the notes that he prepared for the artist. Questions of human choice are also present in the so-called story of an amour, which addresses the difficulties of controlling human passions. Jaffro distinguishes three notions of (...)
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  4. Liberty, Mill and the Framework of Public Health Ethics.Madison Powers, Ruth Faden & Yashar Saghai - 2012 - Public Health Ethics 5 (1):6-15.
    In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a (...)
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  5. Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory.Robert S. Taylor - 2012 - Ethical Theory and Moral Practice 15 (3):353-68.
    Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension (...)
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  6. Self-Defense as Claim Right, Liberty, and Act-Specific Agent-Relative Prerogative.Uwe Steinhoff - 2016 - Law and Philosophy 35 (2):193-209.
    This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also (...)
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  7. Reconceiving Rawls’s Arguments for Equal Political Liberty and Its Fair Value.Meena Krishnamurthy - 2012 - Social Theory and Practice 38 (2):258-278.
    Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to show (...)
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  8. Ignorance, Incompetence and the Concept of Liberty.Michael Garnett - 2007 - Journal of Political Philosophy 15 (4):428–446.
    What is liberty, and can it be measured? In this paper I argue that the only way to have a liberty metric is to adopt an account of liberty with specific and controversial features. In particular, I argue that we can make sense of the idea of a quantity of liberty only if we are willing to count certain purely agential constraints, such as ignorance and physical incompetence, as obstacles to liberty in general. This spells (...)
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  9. Restricted Liberty, Parental Choice and Homeschooling.Michael S. Merry & Sjoerd Karsten - 2010 - Philosophy of Education 44 (4):497-514.
    In this paper we carefully study the problem of liberty as it applies to school choice, and whether there ought to be restricted liberty in the case of homeschooling. We examine three prominent concerns that might be brought against homeschooling, viz., that it aggravates social inequality, worsens societal conflict and works against the best interests of children. To examine the tensions that occur between parental liberty, children's interests, and state oversight, we consider the case of homeschooling in (...)
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  10. Liberty and the Normative Force of the Law in Montesquieu’s The Spirit of the Laws.Cory Wimberly - 2010 - Minerva - An Internet Journal of Philosophy 14:36-65.
    The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law (...)
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  11. A Critique of Lester's Account of Liberty.Danny Frederick - 2013 - Libertarian Papers 5:45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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  12. "A Great Championess for Her Sex": Sarah Chapone on Liberty as Nondomination and Self-Mastery.Jacqueline Broad - 2015 - The Monist 98 (1):77-88.
    This paper examines the concept of liberty at the heart of Sarah Chapone’s 1735 work, The Hardships of the English Laws in Relation to Wives. In this work, Chapone (1699-1764) advocates an ideal of freedom from domination that closely resembles the republican ideal in seventeenth and eighteenth- century England. This is the idea that an agent is free provided that no-one else has the power to dispose of that agent’s property—her “life, liberty, and limb” and her material possessions—according (...)
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  13. The Priority of Liberty.Robert S. Taylor - 2013 - In David Reidy & Jonathan Mandle (eds.), Companion to Rawls. Wiley-Blackwell. pp. 147-163.
    Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, (...)
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  14. Omniversal Liberty.Thomas Crowther - 2014 - Essays in the Philosophy of Humanism 22 (2):119-136.
    Liberty’, as a word, is thrown about contemporary society as casually as a ball is on a summer’s day, and yet, does anyone have a grasp on what it is? If it is freedom from limitation, then liberty must represent nothing less than consciousness without restraint. But though this straightforward definition implies its acquisition to be equally straightforward, the full spectrum of liberty would certainly prove to be one of the most elusive concepts imaginable. As a result, (...)
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  15. Women and Liberty, 1600-1800: Philosophical Essays.Jacqueline Broad & Karen Detlefsen - forthcoming - Oxford University Press.
    This book addresses the theme of liberty as it is found in the writing of women philosophers of the seventeenth and eighteenth centuries, or as it is theorized with respect to women and their lives. It covers both theoretical and practical philosophy, with chapters grappling with problems in the metaphysics of free will (both human and God’s), the liberty (or lack thereof) of women in their moral, personal lives as well as their social-political, public lives, and the interactions (...)
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  16.  86
    Liberty Exposed: Quentin Skinner's Hobbes and Republican Liberty.Patricia Springborg - 2010 - British Journal for the History of Philosophy 18 (1):139-162.
    Quentin Skinner’s dedication to investigating Hobbes’s concept of liberty in a number of essays and books has born some unusual fruit. Not only do we see the enormous problems that Hobbes set himself by proceeding as he did, but Skinner’s careful analysis allows us to chart Hobbes’ ingenuity as he tried to steer a path between the Charybdis of determinism and the Scylla of voluntarism – not very successfully, as we shall see. The upshot is a theory of individual (...)
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  17.  59
    A Reply to Frederick 2013: “A Critique of Lester’s Account of Liberty”.J. C. Lester - 2014 - In Explaining Libertarianism: Some Philosophical Arguments. Buckingham, England: The University of Buckingham Press. pp. 155-199.
    Frederick 2013 (F13) offers criticisms of the Lester 2012 (L12) theory of libertarian liberty and of its compatibility with preference-utilitarian welfare and private-property anarchy. This reply to F13 first explains the underlying philosophical problem with libertarian liberty and L12’s solution. It then goes through F13 in detail showing that it does not grasp the problem or the solution and offers only misrepresentations and unsound criticisms.
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  18. Liberty and Freedom: The Relationship of Enablement.Michael Yudanin - 2013 - In Applied Ethics: Risk, Justice, Liberty. Center for Applied Ethics and Philosophy.
    Freedom can be seen as individual’s capacity to choose between alternatives. As such, it stands in a dialectical relationship to its environment that both imposes constraints on freedom and allows carrying it out. Yet if we see liberty as freedom’s social accommodation, how would freedom shape liberty, and how would liberty accommodate freedom? As a capacity for choice, freedom is formal. Negative liberty, or freedom from, protects this capacity yet does not give it content. To make (...)
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  19. Women, Liberty, and Forms of Feminism.Karen Detlefsen - forthcoming - In Jacqueline Broad & Karen Detlefsen (eds.), Women and Liberty, 1600-1800: Philosophical Essays. Oxford University Press.
    This chapter shows how Mary Astell and Margaret Cavendish can reasonably be understood as early feminists in three senses of the term. First, they are committed to the natural equality of men and women, and related, they are committed to equal opportunity of education for men and women. Second, they are committed to social structures that help women develop authentic selves and thus autonomy understood in one sense of the word. Third, they acknowledge the power of production relationships, especially friendships (...)
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  20.  24
    The Problem of Liberty in a Democracy: The Aspect of Courage.Gintas Karalius - 2013 - Politologija 3 (71):106-134.
    The object of the study is to introduce an innovative approach to the long-lasting theoretical discussion about the meaning and extent of political liberty in a modern democratic society. The suggested way to explain why the democratic political order as such might give rise to considerable challenges for political liberty introduces the classical virtue of courage as a possible key explanatory factor underlying the major tensions that emerge between democracy and liberty. Such approach provides some new insights (...)
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  21. Prioritizing Parental Liberty in Non-Medical Vaccine Exemption Policies: A Response to Giubilini, Douglas and Savulescu.Mark Christopher Navin & Mark Aaron Largent - 2017 - Public Health Ethics 10 (3).
    In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give insufficient (...)
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  22. Choice Architecture: Improving Choice While Preserving Liberty?J. S. Blumenthal-Barby - 2013 - In Christian Coons & Michael Weber (eds.), Paternalism. Cambridge University Press.
    The past four decades of research in the social sciences have shed light on two important phenomena. One is that human decision-making is full of predicable errors and biases that often lead individuals to make choices that defeat their own ends (i.e., the bad choice phenomenon), and the other is that individuals’ decisions and behaviors are powerfully shaped by their environment (i.e., the influence phenomenon). Some have argued that it is ethically defensible that the influence phenomenon be utilized to address (...)
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  23. Liberty, Fairness and the ‘Contribution Model’ for Non-Medical Vaccine Exemption Policies: A Reply to Navin and Largent.Giubilini Alberto, Douglas Thomas & Savulescu Julian - 2017 - Public Health Ethics 10 (3).
    In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do not (...)
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  24. Against Liberty: Adorno, Levinas, and the Pathologies of Freedom.Eric S. Nelson - 2012 - Theoria: A Journal of Social and Political Theory 59 (131):64-83.
    Adorno and Levinas argue from distinct yet intersecting perspectives that there are pathological forms of freedom, formed by systems of power and economic exchange, which legitimate the neglect, exploitation and domination of others. In this paper, I examine how the works of Adorno and Levinas assist in diagnosing the aporias of liberty in contemporary capitalist societies by providing critical models and strategies for confronting present discourses and systems of freedom that perpetuate unfreedom such as those ideologically expressed in possessive (...)
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  25. Women on Liberty in Early Modern England.Jacqueline Broad - 2014 - Philosophy Compass 9 (2):112-122.
    Our modern ideals about liberty were forged in the great political and philosophical debates of the 17th and 18th centuries, but we seldom hear about women's contributions to those debates. This paper examines the ideas of early modern English women – namely Margaret Cavendish, Mary Astell, Mary Overton, ‘Eugenia’, Sarah Chapone and the civil war women petitioners – with respect to the classic political concepts of negative, positive and republican liberty. The author suggests that these writers' woman-centred concerns (...)
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  26. Intellectual Property, the Non-Aggression Principle, and Pre-Propertarian Liberty: New-Paradigm Libertarian Replies to Some Rothbardian Criticisms.J. C. Lester - 2016 - In Arguments for Liberty: A Libertarian Miscellany. Buckingham, England: The University of Buckingham Press. pp. 160-183.
    Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...)
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  27.  30
    Anne Conway on Liberty.Marcy Lascano - 2017 - In Jacqueline Broad & Karen Detlefsen (eds.), Women and Liberty, 1600-1800: Philosophical Essays. Oxford, UK: Oxford University Press. pp. 60-87.
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  28. Church-State Separation, Healthcare Policy, and Religious Liberty.Robert Audi - 2014 - Journal of Practical Ethics 2 (1).
    This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have mounted (...)
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  29. Equal Negative Liberty and Welfare Rights.Peter Vallentyne - 2011 - International Journal of Applied Philosophy 25 (2):237-41.
    In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually compatible and (...)
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  30. Liberty and the Right of Resistance: Women's Political Writings of the English Civil War Era.Jacqueline Broad - 2007 - In Jacqueline Broad & Karen Green (eds.), Virtue, Liberty, and Toleration: Political Ideas of European Women, 1400-1800. Springer. pp. 77-94.
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  31.  28
    Rescuing Renouvier: Warren Schmaus: Liberty and the Pursuit of Knowledge: Charles Renouvier’s Political Philosophy of Science. Pittsburgh: University of Pittsburgh Press, 2018, Xiii+154pp, US$39.95HB. [REVIEW]Howard Sankey - 2019 - Metascience 28 (2):325-326.
    This is a short review of Warren Schmaus's Liberty and the Pursuit of Knowledge: Charles Renouvier's Political Philosophy of Science.
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  32.  83
    Spinoza on Being Sui Iuris and the Republican Conception of Liberty.Justin D. Steinberg - 2008 - History of European Ideas 34 (3):239-249.
    Spinoza's use of the phrase “sui iuris” in the Tractatus Politicus gives rise to the following paradox. On the one hand, one is said to be sui iuris to the extent that one is rational; and to the extent that one is rational, one will steadfastly obey the laws of the state. However, Spinoza also states that to the extent that one adheres to the laws of the state, one is not sui iuris, but rather stands under the power [sub (...)
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  33. Reason's Freedom and the Dialectic of Ordered Liberty.Edward C. Lyons - 2007 - Cleveland State Law Review 55 (2):157-232.
    The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...)
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  34.  84
    Liberty, Property, and Welfare Rights: Brettschneider’s Argument.Jan Narveson - 2013 - Libertarian Papers 5:194-215.
    Brettschneider argues that the granting of property rights to all entails a right of exclusion by acquirer/owners against all others, that this exclusionary right entails a loss on their part, and that to make up for this, property owners owe any nonowners welfare rights. Against this, I argue that exclusion is not in fact a cost. Everyone is to have liberty rights, which are negative: what people are excluded from is the liberty to attack and despoil others. Everyone, (...)
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  35.  38
    A Critical Commentary on the Zwolinski 2013 "Libertarianism and Liberty" Essays.J. C. Lester - 2014 - In Explaining Libertarianism: Some Philosophical Arguments. Buckingham, England: The University of Buckingham Press. pp. 64-84.
    The Zwolinski 2013 "libertarianism and liberty" essays on libertarianism_org are argued to have the following problems: taking libertarianism to be a "commitment" to the view that "liberty is the highest political value" ; examining and rejecting the maximization of liberty without a libertarian theory of liberty; accepting a persuasive sense of "coercion" ; misunderstandingliberty in the work place; conflating, to varying degrees, freedom of action and freedom from aggression and justice/rights/morals; focusing on logically possible clashes instead (...)
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  36.  21
    Book Review Of: C. Robinson, Arthur Seldon: A Life for Liberty[REVIEW]Gary James Jason - 2009 - Liberty (November):42-43.
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  37.  35
    Economic Liberty, Price Control, and Environmental Harm.Rafael Martins - 2018 - Justiça Eleitoral Em Debate 8 (2):83-90.
    One core question in contemporary political economy is whether economic liberties should be constitutionally protected as basic rights. In this article I do not provide a positive argument for the view that economic liberties are basic rights. Rather, I seek to provide a reason for not embracing the opposing view, i.e. that economic liberties should not be constitutionally protected as basic rights. Based on Hayek’s theory of price as signal, I argue that price control, a view usually associated with high (...)
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  38. Donation Without Domination: Private Charity and Republican Liberty.Robert S. Taylor - 2018 - Journal of Political Philosophy 26 (4):441-462.
    Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized (...)
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  39.  66
    State Sovereignty, Associational Interests, and Collective Religious Liberty.Paul Billingham - 2019 - Secular Studies 1 (1):114-127.
    In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence interests’.
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  40. Knowing Their Own Good: Preferences & Liberty in Global Ethics.Lisa L. Fuller - 2011 - In Thom Brooks (ed.), New Waves in Ethics. Palgrave MacMillan. pp. 210--230.
    Citizens of liberal, affluent societies are regularly encouraged to support reforms meant to improve conditions for badly-off people in the developing world. Our economic and political support is solicited for causes such as: banning child labor, implementing universal primary education, closing down sweatshops and brothels, etc. But what if the relevant populations or individuals in the developing world do not support these particular reforms or aid programs? What if they would strongly prefer other reforms and programs, or would rank the (...)
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  41. A Brief History of Liberty--And Its Lessons.Philip Pettit - 2016 - Journal of Human Development and Capabilities 17:5-21.
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  42. Left-Libertarianism and Liberty.Peter Vallentyne - 2009 - In Thomas Christiano & John Christman (eds.), Debates in Political Philosophy. Blackwell. pp. 17--137.
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  43.  53
    Alex Gourevitch, From Slavery to the Cooperative Commonwealth – Labor and Republican Liberty in the Nineteenth Century. [REVIEW]Szilárd János Tóth - 2016 - Filozofija I Društvo 3:704-708..
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  44. Federalism and Individual Liberty.C. Mantzavinos - 2010 - Constitutional Political Economy 21.
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  45. Hobbes, Civil Law, Liberty and theElements of Law.Patricia Springborg - 2016 - Critical Review of International Social and Political Philosophy 19 (1):47-67.
    When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...)
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  46. Individual Liberty in Public Health – No Trumping Value.Kalle Grill - 2011 - In Sirpa Soini (ed.), Public Health – ethical issues.
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  47.  30
    Denying Liberty in Order to Make Room for Freedom: Liberalism, Conservatism, and Kant's Political Philosophy.Vadim Chaly - 2015 - Voprosi Filosofii (The Problems of Philosophy) 9:66-78.
    The aim of this essay is to clarify the meaning and extent of Kant's liberalism by contrasting some of his key ideas to those of Burke, Hobbes, Machiavelli, Nozick, Rawls, and Schmitt. My claim is that Kant's political philosophy navigates the path between the extremes of liberalism and conservatism, just as his theoretical philosophy tries to navigate between dogmatism and skepticism, and that current liberal claim on Kant has important limitations in Kant's letter, as well as in spirit.
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  48.  62
    The Political Thought of Frederick Douglass: In Pursuit of American Liberty[REVIEW]Cynthia R. Nielsen - 2013 - Review of Politics 75:279–281.
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  49. Federalism and Individual Liberty: A Rejoinder.C. Mantzavinos - 2011 - Constitutional Political Economy 22.
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  50.  93
    “Book Review: Culture and Liberty: Writings of Isabel Paterson“. [REVIEW]Linda Royster Beito - unknown
    Stephen Cox writes of the complexities that guided this well-known columnist, literary critic, best-selling novelist, avid reader, and intellectual, Mary Isabel Bowler Patterson, better known as Isabel Paterson or “I.M.P.” This edited collection includes a well-chosen selection of her essays, reviews, and letters. Combining both formal and colloquial prose, Paterson’s writings incorporated quips about such people as Sinclair Lewis and Henry David Thoreau, as well as candid discussions of William F. Buckley, Jr., Buffalo Bill, and Cecil Rhodes. The more than (...)
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