Principles Of Liberty Research Articles

Entre dois mundos: um exame da recepção de ideias da Revolução Francesa em Raízes do Brasil

There is no doubt that the Enlightenment principles of liberty, equality and fraternity have been very present in the history of several Ibero-American nations. In the case of Brazil, however, the state, guided by these noble ideals, has often engendered their opposite. The lack of certain essential services and guarantees for citizens in the Brazilian state is undeniable. Knowing the importance of such principles in Brazil, the aim is to understand how Sérgio Buarque de Holanda uses certain emblematic concepts of Enlightenment philosophy and what role they played, in his perception, in Brazilian political formation.

Trade, Piecework, and the Liberty Principle

AbstractJohn Stuart Mill does not contradict himself in On Liberty with respect to the issue of piecework, contrary to Dale E. Miller's charge that he does. Miller fails to understand that the liberty principle (LP) limits society's authority to regulate trade in that society has no legitimate authority to prohibit or make unduly expensive a buyer's post-trade use of his purchased product in self-regarding ways. LP gives an employer who has purchased labor under a trade contract in a free and fair competitive labor market a right to conclude a separate mutually consensual self-regarding piecework contract with any skilled worker already in his employ.

Halal, le nouveau voile ? Représentation du désert alimentaire et vestimentaire façonné par l’universalisme républicain dans deux romans de Faïza Guène

Has halal food become the new headscarf revealing France’s hostility towards Muslims? From political discourse to legislative measures dictated by the so-called republican universalism, from aggressive policies aimed at Muslims’ diet to the reduction of public spaces for veiled Muslim women, the principles of Liberty, Equality and Fraternity seem to shrink to simple mirages. In this article, I analyze how Faïza Guène’s novels Kiffe Kiffe Demain (2004) and La Discrétion (2020) engage with the stigmatization of Muslims due to their food and clothing choices. Based on DeSoucey’s work on gastronationalism and foie-gras I argue that, despite the cruelty of force-feeding, foie gras has its uncontested place on French tables while some politicians attempt to outlaw halal slaughter under the cover of animal cruelty concerns, thus reviving the cliché of the savage “Saracen.” Despite this food and clothing desert targeting a specific part of the French population, the development of social media and the creativity of chefs like Djamel Bouhadda are creating an oasis allowing Muslims to have access to haute cuisine and one day, perhaps, to add their halal cuisine to the French culinary heritage that Cohen describes as white and normative.

Rationality and Justice: Textual investigation based on A Theory of Justice

Rawls put forward the concepts of "the original state" and "the Veil of ignorance" in his book A Theory of Justice, which made an outstanding contribution to the reconstruction of the social contract theory. On this basis, he demonstrated the combination of the two principles of justice, namely the principle of equal liberty, the principle of equal opportunity and difference principle, which had a strong impact on the long-term mainstream utilitarian view of justice. Based on the textual investigation of A Theory of Justice, this paper starts from the reason basis shared by the two, takes the relationship between reason and justice as a clue, analyzes the differences between Rawls and utilitarianism in moral philosophy and methodology, and explains the connotation of Rawls's two principles of justice in detail. On the other hand, Rawls' systematic recognition and adoption of utilitarianism, as well as the utilitarian characteristics presented in the principle of difference, make the relationship between the two show a complex state of opposition and interwoven. In this paper, Rawls's theory of justice will be deeply explored, and the internal logic of Rawls's thought of justice will be analyzed, so as to further clarify the relationship between reason and justice.

Anti-Muslim policy preferences and boundaries of American identity across partisanship

AbstractDoes American identity predict preferences for anti-democratic policies that aim to marginalize Muslim Americans? Absent significant priming of inclusive elements of American identity, we argue that individuals with stronger attachments to American identity will be less likely than their counterparts to reject a range of anti-Muslim policies that are antithetical to principles of religious liberty and equality. Across three surveys and multiple measures, American identity powerfully predicts preferences for curbing the civil liberties of Muslim citizens. Particularly striking is the finding that the effect of American identity spans the partisan divide; it consistently explains the endorsement of exclusionary policies among self-identified Democrats, who typically hold more progressive policy positions toward minority groups than Republicans. Overall, our study highlights the contradictory and exclusionary nature of American identity, which has important implications for minority groups constructed as outside the boundaries of Americanness.

The Influences of Utilitarianism on Rawls Theory of Justice

Concerning political philosophy during the second half of the 20th century, Rawls theory of justice stands out, particularly in its critique of utilitarianism. The currency of utilitarianism deeply influences the emergence of Rawls veil of ignorance and two principles of justice. Classical utilitarianism provides Rawls with a theoretical framework, informing him with the importance of predominant criteria to govern a society. While the fact remains that the impairment of individual rights, which is inherited in classical utilitarianism for maximizing the collective welfare, has long been denounced by liberals. To address this, Rawls introduces the social contract theory, arguing for the priority of the right over the good. Whereas the prevalent of average utilitarianism brought Rawls to notice with shortcomings among the traditional version of social contract. By applying the veil of ignorance as an approach of justification, Rawls refutes two premises of average utilitarianism, which are the law of insufficient reason and the analogous preferences of social members. This lays a foundation for his two principles of justice, the greatest equal liberty principle and the difference principle. Justice as fairness incorporates the merits of utilitarianism, providing liberalism with a constructive force, concurrently elucidating the defects of utilitarianism. Accordingly, Rawls argument effectively challenges utilitarianism, coupled with failings of utilitarians to deal persuasive counterattacks, as a consequence, bringing a shift of the dominant in political philosophy from utilitarianism towards liberalism.

Power dynamics in Australian public sector accounting reform: A Machiavellian interpretation

AbstractDuring the era of New Public Management from the 1970s to the 1990s, government accountability in Australia underwent a significant transformation from compliance to performance evaluation. This change underscores a Machiavellian interpretation presented in this paper, emphasizing the politicized and power‐driven nature of public sector accounting reforms. The Australian Government employed a commercial accounting model to legitimize these reforms, leveraging Machiavellian principles to strengthen political power. Despite the accounting profession's role in legitimizing public sector financial reporting, its control over Australian accounting standard setting diminished. The new public sector accountability framework allowed the shifting of blame to the profession when problems arose. An analysis of the New South Wales Government's journey through the reform, from embracing accrual accounting to rejecting heritage assets measurement and applauding fair value, illustrates the complex interplay between self‐interest and the protection of public interest. The Australian Government strategically enlisted the support of the outer fringe accounting profession and successfully instituted reforms premised on the principle of public accountability and liberty for Australian society. Once the reformer's goals were achieved, the facilitating elites found themselves marginalized from the bureaucratic group and power reclaimed deftly to the Government with CLERP reforms paving the way for the adoption of International Financial Reporting Standards. This shift exemplifies Machiavelli's perspective, where liberty is used as a means to garner public support and ultimately attain power, a strategy that continues to hold validity in contemporary political contexts.

People, Paper and Power: The Birth of the Passport in International Law

Abstract This paper presents a genealogy of the passport in international law. For the most part, the origins of our contemporary mobility order are narrated from the vantage point of the grand principles of sovereignty, hospitality, and liberty. The nuts and bolts through which people access mobility – passports and visas – are generally understood to be the natural, inevitable, and fair by-products of these principles. This paper contributes to existing debates on the coloniality of international migration law by examining the universalization of the passport under the League of Nations. I argue that the universalization of the passport meant abandoning the old idea that the rights of free movement belonged to everyone and, instead, instituted a system that ranks human mobility based on national origins. Theoretically, it is proposed that attention to these “lowly” practices of mobility governance allows us to track the afterlives of race in the international order.

The Impact of Economic Exclusion on the Constitutionally Guaranteed Entitlements of Economic Justice, Equality of Opportunity and Right to Live with Human Dignity of the Transgenders

Objective: The objective of the paper is to examine and explain how the constitutionally guaranteed entitlements notably the various facets of right to equality, right to life and preambular assurance of justice: social, economic and political will remain unachievable and meaningless for the transgenders till their economic exclusion and marginalisation continues. The present paper shall examine the important aspects of legal provisions and economic policy which can ensure that the constitutional mandates enshrined under Articles 14, 15, 16 and 21 become a reality for transgender through their economic empowerment. Theoretical Framework: The Constitution of India recognises and rests firmly on the fundamental principles of liberty, equality, fraternity and justice. Transgender people have always been the part of every society, nation and culture since ages but unfortunately their very existence has been negated at every level of society. This marginalised section and highly disadvantaged group has consistently and continuously been subjected to social stigma, discrimination and exclusion from all kinds of socio-economic and political undertakings. The insensitivity and the apathy of the public at large are still the biggest challenges in mainstreaming the transgenders and eliminating all forms of socio-economic exclusion against them. The extreme discrimination and exclusionary practices against the transgender people at every level in the work place, from job rejection to privacy violation and even sexual harassment, disproportionately affects their physical and mental wellbeing. The socio-economic marginalisation and denial of any gainful employment opportunity puts them in depression, pessimism and forces them to engage in unlawful activities and become drug suppliers, sex workers and even low-income entertainers. Method: The present paper focuses on the constitutionally guaranteed entitlements namely “economic justice” and “equality of opportunity” of the transgender people while taking up the issue of their economic exclusion and marginalisation and intends to explore how the economic exclusion has adverse and severe implications on transgender rights. Results and Discussion: The cost of economic exclusion of transgender people in India cannot be undermined. Such discrimination and unaccepting environments are capable of psychologically depressing transgender people and adversely affecting their incentive to get training and education. This turns into a vicious circle that translates into low investment in human capital and suboptimal opportunities for them resulting in lower productivity of overall economy. Conclusion: With very limited employment opportunities, transgender’s education, health and living standard are abysmally low and therefore, in order to achieve the constitutional mandate enshrined under Articles 14, 15, 16 and 21 of the Constitution of India, the objectives of the government should be to allow reasonable participation of most of the transgender population in the national economy.

The Legal Scopes of Liberty and the State in Light of the Utilitarianism of John Stuart Mill

In modern democracies the liberty of the individual is ensured and protected by the state or the government. But it is well-known that restrictions on liberty are institutionalized and the individual is responsible for obeying them. The liberty of the individual and its protection is provided through restrictions. On the other hand, the legal system and the government are the institutions that threaten the liberty of the individual. Mill’s thesis on individual liberty implies the primacy of it and sets out the social conditions in which it will be possible to realize and protect individual liberty. The main theme of his treatise On Liberty is the nature and boundaries of individual liberty, the scope of legitimate interference with individual liberty. In other words, the principle establishes a sufficient basis for the legitimate protection of the individual liberty, i.e. what is a restriction of a right, on the one hand, is at the same time a protection of it. An individual must be free from all forms of violence, if his/her actions do not harm others [Riley 2001, 46]. The purpose of the paper On Liberty is to provide one very simple principle. Main point of it is that the method of societies’ relations with the individual should not be coercion and control. No matter is it a case of physical violence as a form of punishment or as a form of moral coercion by society. Power over a member of a civilized community can only be exercised for the sole purpose of preventing harm to others. Thus, the liberty principle establishes a necessary condition for legitimate violence against any individual: his/her liberty of action must be restricted by law or opinion if there is a reasonable expectation that it will harm others.

Yoga Scale Intervention Study Based On Sikh Thoughts

Background
 Sri Guru Granth Sahib is the main Sikh scripture. The SGGS promote principles of liberty and impartiality to pursue the way to the Guru following the path of peace and prosperity. The Sikh code of conduct is known as Sikh Rehat Maryada. The code is an outline of the mandates of daily routine followed by every Sikh. It stipulates philosophy and mandates, according to the teachings of Sikhism’s 10 gurus. The primary goal of SGGS is to achieve union with God by constantly remembering God’s name.
 Methodology
 The concept of oneness of God for all humanity based on Guru Nanak Dev Ji’s teachings. Based on this concept, we formulated 30 questions like “I wake up before dawn”, “I meditate in silent location “etc. Meditation is a part of overall spiritual practices discussed with a sample size of 200 participants in the age group of 18-50 years. The generalized Linear Model (GLM) is used to find the significance. RMANOVA (SPSS -25) software is used to find the calculated p-value 3 different tests viz; unpaired t-test, Chi-square test, and F statistics.
 Discussion
 The effects of the values and SGGS yogic practices of the present studies reasonably matches well with the historical examples, contemporary data, and some semi-structured interviews conducted by Nirvikar, 2022.
 Conclusion
 It is concluded from the present studies that a significant effect of SGGS yogic teachings may be seen in human life.

Sismondi's principles of liberty and economic progress

AbstractThe Swiss‐born liberal thinker Jean‐Charles‐Léonard Simonde de Sismondi (1773–1842) rejected metaphysical systems of thought in favour of historical and social analysis. However, in his mature writings, he offered an organising, although a never explicit, set of principles guiding his political and economic disquisitions. I identify Sismondi's essential principles of social study, namely, the effect of political organisation on the character of the people, the need for a ‘national reason’, along with the weight of tradition over individual representation. Subordinate principles of liberty are examined, such as respect for minorities, freedom of public debate, and engagement in local affairs. I argue that, when the political idea of a slowly matured national reason guiding the constitutional progress of liberty is applied to a rapidly changing economic domain, tension is created within Sismondi's understanding of social sciences.

Libertecture: A catalogue of libertarian spaces

In this article we identify spaces and built environments that have the effect of placing libertarian thinking in urban contexts, using the term ‘libertecture’ to refer to the way that these architectures convey principles of personal liberty and unfettered market activity. These ideas are thus embedded in cities via the design, architecture, management and function of an emerging array of buildings, districts and infrastructures. Locating our analysis in cultural political economy, we believe that these libertectures are important because of the way that they refract and amplify divisive ideas into the social spaces and thinking of residents and citizens. Whereas neoliberal urbanism was seen as undermining socially just cities, libertarian ideas amplified by new built environments may presage more atomised, unequal and unsustainable urban conditions, potentially foreclosing the identification of more just alternatives and democratic forms. We offer a ‘catalogue’ of seven forms of libertecture: private cities, residential exits, portal spaces, fiscal lockers, pioneer exclaves, infinity spaces, and necrotectures. We conclude that the manifestation of libertarian thinking in spaces and city forms is an important object of study for urban studies as it considers challenges to inclusive and sustainable forms of urban governance.

Market competition, efficiency and economic liberty

This paper investigates efficiency and freedom as joint foundations of market economies. Whereas ideal perfect competition accommodates Mill’s principle of individual liberty in the economic arena, in real world, imperfectly competitive, markets economic freedom and efficiency appear often as conflicting values. Building on J. S. Mill’s utilitarian defense of free trade in On Liberty Chapter V, this paper puts forward a consequentialist defense of economic freedom under imperfect competition. Defense rests on the instrumental value of equal freedom, enjoyed by every market agent, as a source of general welfare in a world of dispersed information among unique human beings. The paper has a clear impact on contemporary antitrust debate, supporting neo-Brandesians’ rehabilitation of Structuralism in antitrust also on well founded, economic, i.e. efficiency, reasons.

Does the Free Group Agency Account of Legitimacy Require Democracy?

Abstract In this critical comment, we argue that nondemocratic, but decent regimes fail to constitute legitimate governance under Applbaum’s free group agency account. To make this case, we first introduce the three principles of liberty, equality and agency that Applbaum takes to flow directly from his free agency conception of legitimacy. Against this backdrop, we discuss Applbaum’s claim that a nondemocratic regime along the lines of a Rawlsian decent consultation hierarchy could meet the threshold of legitimacy. Contrary to this suggestion, we argue that nondemocratic, but decent regimes cannot claim legitimacy under Applbaum’s account because they are constitutively inegalitarian, thus failing to adequately grant citizens the equal normative power without which legitimacy is unattainable under the free group agency account.

Self-Respect and the Importance of Basic Liberties

Abstract This article discusses the self-respect argument for basic liberties, which is that self-respect is an important good, best supported by basic liberties, and that this yields a reason for the traditional liberty principle. I concentrate on versions of it that contend that self-respect is best supported by basic liberties for reasons related to the recognition that such liberties convey. I first discuss the two standard approaches loosely associated with John Rawls and Axel Honneth. Here self-respect pertains to traits and conduct (Rawls) or to one’s personhood (Honneth). It is argued that these approaches fail to show why self-respect is better supported by the liberty principle than certain alternatives worth taking seriously – unless (in the case of personhood self-respect) self-respect is construed in such a narrow way that it is not a condition for autonomy or welfare in any plausible sense. I then identify a self-attitude that I call “a sense of competence”, which at least shows that the liberty principle is more important to autonomy than what we might otherwise have reasons to believe.

A Rawlsian Rule for Corporate Governance

Business ethics can be regarded as a field dealing with corporate self-regulation as it relates to the treatment of stakeholders. However, a concern for corporate stakeholders need not take a corporate-centric perspective, as shown by recent efforts (especially Singer in Bus Ethics Q 25(1):65–92, 2015) to situate corporate conduct within Rawls’ political theory. Although Rawls was largely mute on the subject himself, his theory has implications for business ethics and corporate governance more specifically. Given an understanding of a “Rawlsian society” as a whole—where corporations as associations are a part—this paper addresses how a Rawlsian perspective would safeguard against corporate harms in society. We argue that a Rawlsian society would primarily regulate corporate conduct through exogenous constraints in the form of legislation. To the extent that business ethics is concerned with endogenous constraints in the form of corporate-centric self-regulation regarding stakeholders, to adopt a Rawlsian perspective is to assume instead a society-centric perspective and to impose exogenous constraints on corporate conduct in the form of legislation for the benefit of citizens. In the context of Rawls’ political liberalism, normative concerns in business are accounted for through legislation and the system of background justice. In a clear departure from Singer (Bus Ethics Q 25(1):65–92, 2015, Bus Ethics J Rev 6(3):11–17, 2018a), we further develop our argument to propose that Rawls' theory can be interpreted as providing a rule for corporate governance. The rule—which is imposed exogenously for the good of society—states: After choosing the corporate constraint mechanism (exogenous vs. endogenous) that best promotes the Liberty Principle, choose the corporate control regime (shareholder vs. stakeholder) that maximizes economic efficiency.

Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa

The principle of cognitive liberty is assessed as a ground for challenging the constitutionality of the criminalisation of psilocybin mushrooms. To do so, s 12 of the Constitution of the Republic of South Africa, 1996, is analysed, determining that s 12(2) is not a numerus clausa and is capable of enforcing further protections and/or entitlements, such as cognitive liberty. Further, it is suggested that the interpretation of s 12(2)(b) offers protection to both body and mind, and as such, also protecting the cognitive liberty right. Having established that the Constitution protects the right afforded by the principle cognitive liberty, it is deduced that the current criminalisation of psilocybin mushrooms – a means through which an individual may exercise their cognitive liberty rights – in terms of the Drugs and Drug Trafficking Act and Medicines and Related Substances Act, conflict with the rights established in s 12 of the Constitution. A s 36 limitation of rights analysis is presented, detailing that the criminalisation of psilocybin mushrooms is not justifiable when the nature and importance of the limited right are weighed against the importance and purpose of the criminalisation. As such, this article concludes that the current criminalising legislation is not justifiable.

Legal Considerations in Emergency Psychiatry.

Emergency psychiatry stands at the fulcrum between the general principles of autonomy and liberty balanced against illnesses that both subvert autonomy and amplify risks for violence and suicide. Although all specialties of medicine must operate in adherence with the law, emergency psychiatry is particularly constrained and guided by state and federal laws. Routine matters of emergency psychiatric care-including involuntary assessment, admission and treatment, management of agitation, medical stabilization and transfer, confidentiality, voluntary and involuntary commitment, and duties to third parties-all occur within carefully delimited legal boundaries, rules, and processes. This article provides a basic overview of critical legal principles relevant to the practice of emergency psychiatry.

The role of Thomas Jefferson's political activity in the history of American statehood.

The subject of the study is the results, results and consequences of the political activity of Thomas Jefferson (1743-1826). Jefferson was the author of the Declaration of Independence and the third president of the United States, considered one of the founding fathers of the United States. The first American president to hold the posts of Secretary of State, Vice President and President of the United States successively. The article examines the political ideas of Jefferson, who was one of the first political figures who spoke and justified the idea of separating its North American colonies from Great Britain. His political ideas and decisions as a statesman and politician were timely and brought much benefit to his country. As the author of the Declaration of Independence of the United States, he made a huge contribution to the creation of the United States. Its adoption meant the formation of a new state - the United States. For him, the principles of the declaration were to create a free American state based on the principles of democracy and civil liberty. The Declaration defined the social and legal status of a person in society. Declaring the people the only source of power, she put them on a par with the great ideologists of the Enlightenment. As Ambassador to France, he managed to secure a number of trade agreements with European countries. His merits as president undoubtedly lie in the acquisition of Louisiana and the establishment of diplomatic relations with Russia, as well as the pacification of relations with Great Britain.