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Positive Freedom and the Law

Positive Freedom and the Law

Hardback (22 Aug 2019)

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Publisher's Synopsis

This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations.

Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors - including so-called users - are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers - including those whose interpretation of Jewish law differs from that adopted by the authorities - are respected.

About the Publisher

Routledge

Routledge is the world's leading academic publisher in the Humanities and Social Sciences. We publish thousands of books and journals each year, serving scholars, instructors, and professional communities worldwide. Our current publishing programme encompasses groundbreaking textbooks and premier, peer-reviewed research in the Social Sciences, Humanities, and Built Environment. We have partnered with many of the most influential societies and academic bodies to publish their journals and book series. Readers can access tens of thousands of print and e-books from our extensive catalogue of titles. Routledge is a member of Taylor & Francis Group, an informa business.

Book information

ISBN: 9780367137861
Publisher: Taylor & Francis
Imprint: Routledge
Pub date:
DEWEY: 123.5
DEWEY edition: 23
Language: English
Number of pages: 227
Weight: 508g
Height: 162mm
Width: 241mm
Spine width: 19mm