Freedom and its enemies : the tragedy of liberty / Renáta Uitz, editor.

Format:

Book

Conference/Event

Contributor:

Uitz, Renáta, editor.

Central European University, host institution.

Conference Name:

Individual vs. the State Conference (20th : 2012 : Budapest, Hungary)

Series:

Issues in constitutional law.

Issues in Constitutional Law

Language:

English

Subjects (All):

Constitutional law--Netherlands.

Constitutional law.

Liberty.

Physical Description:

1 online resource (245 p.)

Edition:

1st ed.

Place of Publication:

The Hague, Netherlands : Eleven International Publishing, 2015.

Language Note:

English

Summary:

Contemporary Western constitutional systems promised a liberty-based political and social order.Yet over time, liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes.

Contents:

COVER; TABLE OF CONTENTS; LIST OF CONTRIBUTORS; PREFACE; 1. LIBERTY AND ITS COMPETITORS; 1.1 FREEDOM AND CONSTITUTIONALISM; 1.2 IS FREEDOM IN DECLINE?; 1.3 TO WHAT EXTENT IS FREEDOM A PSYCHOLOGICAL AND SOCIETAL NECESSITY? (THE PSYCHOSOCIAL TRAGEDY OF POLITICAL FREEDOM); 1.4 THE FREEDOM PRINCIPLE IN CONSTITUTIONAL RIVALRY; 1.5 THE PARADOXES AND TRAGEDIES OF LIBERTY; 2. FEAR, FAVOR, AND FREEDOM: JUDITH SHKLAR'S REVISITED; 2.1 INTRODUCTION; 2.2 THE LIBERALISM OF FEAR: THREE CENTRAL CONCERNS; 2.3 FEAR, FAVOR, AND FREEDOM; 2.4 CONCLUDING THOUGHTS

3. REPUBLICAN FREEDOM, NON-DOMINATION, AND GLOBAL CONSTITUTIONALISM3.1 INTRODUCTION; 3.2 REPUBLICAN FREEDOM AND CONSTITUTIONALISM; 3.3 GLOBAL DOMINATION AND THE OBSOLESCENCE OF THE SOVEREIGN NATION STATE; 3.4 TWO REPUBLICAN NORMATIVE MODELS OF GLOBAL ORDER; 3.5 A THIRD REPUBLICAN MODEL: CONSTITUTIONALISM AND DEMOCRACY UNDER A GLOBAL REPUBLIC; 4. FREEDOM UNDER AN ORDER OF PUBLIC LAW: FROM HOBBES THROUGH HAYEK TO REPUBLICANISM; 4.1 INTRODUCTION; 4.2 FREEDOM AS NON-DOMINATION; 4.3 BERLIN'S BREAK WITH HOBBES?; 4.4 HOBBES ON LAW AND LIBERTY; 4.5 THE QUALITY OF CIVIC LIBERTY; 4.6 CONCLUSION

5. JEREMY WALDRON ON DIGNITY AND RESPONSIBILITY-RIGHTS: CAN THE TRAGEDY OF LIBERTY BE AVOIDED?5.1 INTRODUCTION; 5.2 JEREMY WALDRON'S CONCEPTION OF 'DIGNITY AS HIGH EQUAL STATUS'; 5.3 PROBLEMS WITH THE HIGH EQUAL STATUS ACCOUNT OF DIGNITY; 5.4 THE "RESPONSIBILITY-RIGHTS" IDEA; 5.5 CONCLUSION; 6. DIGNITY AND THE CHALLENGE TO LIBERTY: READING ANDRÁS SAJÓ'S; 6.1 INTRODUCTION; 6.2 ILLIBERALISM OF DIGNITY?; 6.3 MINIMUM CONTENT OF HUMAN DIGNITY?; 7. REFINING POLITICAL LIBERTY AND DEMOCRATIC LIBERALISM IN NATIONALLY DIVERSE DEMOCRACIES

7.1 LEGITIMIZING EPISTEMOLOGICAL PLURALISM IN PRESENT-DAY LIBERAL DEMOCRACIES7.2 CLASSICAL THEORIES OF DEMOCRATIC LIBERALISM; 7.3 CULTURAL/NATIONAL PLURALISM IN PRESENT-DAY LIBERAL DEMOCRACIES; 7.4 CLASSICAL INSTITUTIONAL RESPONSES; 7.5 PLURALISM AND POLITICAL LIBERTY IN LIBERAL DEMOCRACIES: ETHICITY, POLITICAL RECOGNITION AND CONSTITUTIONAL ACCOMMODATION. A; 7.6 FINAL REMARK. LANGUAGE AND POLITICS: TO CONVINCE, TO PERSUADE, TO DISSUADE; 8. NO LONGER A SLAVE BUT NOT YET FREE: FREEDOM AND SOCIAL DISLOCATION; 8.1 TRAFFICKING AND SOCIAL DISLOCATION; 8.2 THE LIMITATIONS OF NEGATIVE FREEDOM

8.3 FROM OPEN SPACES TO EFFECTIVE AGENCY8.4 NEW MODES OF GLOBAL OPPRESSION AND THEIR CHALLENGES TO FREEDOM; 9. VICTIMS' RIGHTS AND DUE PROCESS; 9.1 VICTIMS REDISCOVERED; 9.2 VICTIMS IN INTERNATIONAL CRIMINAL PROCEEDINGS; 9.3 THE VICTIM PARTICIPATION MODEL; 9.4 JUSTICE FOR VICTIMS VERSUS FAIRNESS TO DEFENDANTS; 10. TWO MORAL MISTAKES IN THE AMERICAN CRIMINAL JUSTICE SYSTEM; 10.1 INCARCERATION NATION: THE AMERICAN DYSTOPIA; 10.2 TWO MORAL MISTAKES IN THE AMERICAN CRIMINAL JUSTICE SYSTEM; 10.3 THE AMERICAN OPPORTUNITY

Notes:

Description based upon print version of record.

Description based on online resource; title from PDF title page (ebrary, viewed April 24, 2015).

Description based on publisher supplied metadata and other sources.

ISBN:

94-6274-379-7

94-6274-087-9

OCLC:

907238584