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Freedom of Association, Volume 25, Part 2

Overview

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary ...

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Overview

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? Is liberal democracy the core value, or does a liberal democracy become defensible to the extent that it protects the core value of individual freedom? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. Some essays address the constitutional status of freedom of association in the United States, exploring a range of legal decisions on association handed down by various courts, especially the Supreme Court. Some look at freedom of association in the context of unionization, or university policies on military recruiting, or the treatment of subversive organizations. Other essays examine the tension between the right of individuals to associate and the interest of government in preventing discrimination against members of disadvantaged groups. Still others address the views of particular political theorists who have influenced the debate on associational freedom, theorists such as John Locke, James Madison, Alexis de Tocqueville, and John Rawls.

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Product Details

  • ISBN-13: 9780521732284
  • Publisher: Cambridge University Press
  • Publication date: 7/31/2009
  • Series: Social Philosophy and Policy Series
  • Pages: 340
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.70 (d)

Meet the Author

Ellen Frankel Paul is Deputy Director of the Social Philosophy and Policy Center and Professor of Political Science at Bowling Green State University. She is the author of Moral Revolution and Economic Science, Property Rights and Eminent Domain, and Equity and Gender: The Comparable Worth Debate, and also the editor of numerous scholarly collections.

Fred D. Miller, Jr. is Executive Director of the Social Philosophy and Policy Center and Professor of Philosophy at Bowling Green State University. He is the co-editor with David Keyt of A Companion to Aristotle's Politics, (Blackwell, 1991) and the co-author with Nicholas D. Smith of Thought Probes (Prentice-Hall, 2nd edition, 1988), as well as the author of numerous essays on ancient Greek philosophy. He has also co-edited numerous scholarly collections.

Jeffery Paul is Associate Director of the Social Philosophy and Policy Center, and Professor of Philosophy at Bowling Green State University. He is the editor of Reading Nozick and is co-editor of Labor Law and the Employment Market. In addition, he has published numerous articles in various scholarly journals, and has co-edited several scholarly collections.

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Table of Contents

1. What is freedom of association, and what is its denial? Larry Alexander; 2. Organized labor and American law: from freedom of association to compulsory unionism Paul Moreno; 3. 'Guilt by association' and the post-war civil libertarians Ken I. Kersch; 4. Industrial saboteurs, reputed thieves, communists, and the freedom of association Keith E. Whittington; 5. Expressive association and the ideal of the university in the Solomon Amendment litigation Tobias Barrington Wolff and Andrew Koppelman; 6. Should antidiscrimination laws limit freedom of association? The dangerous allure of human rights legislation Richard A. Epstein; 7. Freedom of association in historical perspective Stephen B. Presser; 8. The paradox of association Loren E. Lomasky; 9. The private society and the liberal public good in John Locke's thought Eric R. Claeys; 10. The Madisonian paradox of freedom of association Richard Boyd; 11. From the social contract to the art of association: a Tocquevillian perspective Aurelian Craiutu; 12. The Rawlsian view of private ordering Kevin A. Kordana and David H. Blankfein Tabachnick.

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