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Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Bruce Kilpatrick Pierre Kobel Pranvera KëlleziThis book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject.The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report.The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Liability for Environmental Harm to the Global Commons (Cambridge Studies on Environment, Energy and Natural Resources Governance)
by Ruth Mackenzie Neil Craik Tara DavenportThis book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Liability of Corporate Groups and Networks (International Corporate Law and Financial Market Regulation)
by Christian A. WittingWhat happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules. Features a detailed proposal for the development of a statutory exception to limited liability applicable in cases of personal injury. Proposes development of the common law of conspiracy so as to create a new remedy where companies are in commercial agreements with another which is engaged in objectively reckless conduct. Assesses the law on group and network liability in leading common law jurisdictions to provide a better understanding of what gives corporate groups and networks their cohesion and why the law should be prepared to extend liability beyond the insolvent entity.
Liar, Temptress, Soldier, Spy: Four Women Undercover in the Civil War
by Karen AbbottKaren Abbott, the New York Times bestselling author of Sin in the Second City and “pioneer of sizzle history” (USA Today), tells the spellbinding true story of four women who risked everything to become spies during the Civil War.Karen Abbott illuminates one of the most fascinating yet little known aspects of the Civil War: the stories of four courageous women—a socialite, a farmgirl, an abolitionist, and a widow—who were spies.After shooting a Union soldier in her front hall with a pocket pistol, Belle Boyd became a courier and spy for the Confederate army, using her charms to seduce men on both sides. Emma Edmonds cut off her hair and assumed the identity of a man to enlist as a Union private, witnessing the bloodiest battles of the Civil War. The beautiful widow, Rose O’Neale Greenhow, engaged in affairs with powerful Northern politicians to gather intelligence for the Confederacy, and used her young daughter to send information to Southern generals. Elizabeth Van Lew, a wealthy Richmond abolitionist, hid behind her proper Southern manners as she orchestrated a far-reaching espionage ring, right under the noses of suspicious rebel detectives.Using a wealth of primary source material and interviews with the spies’ descendants, Abbott seamlessly weaves the adventures of these four heroines throughout the tumultuous years of the war. With a cast of real-life characters including Walt Whitman, Nathaniel Hawthorne, General Stonewall Jackson, detective Allan Pinkerton, Abraham and Mary Todd Lincoln, and Emperor Napoleon III, Liar, Temptress, Soldier, Spy draws you into the war as these daring women lived it.Liar, Temptress, Soldier, Spy contains 39 black & photos and 3 maps.
Libel and the First Amendment: Legal History and Practice in Print and Broadcasting
by Richard E. LabunskiAs the recent cases involving William Westmoreland and Ariel Sharon re-veal, libel suits filed against media organizations have become an increas-ingly serious problem in recent years. The potential for inhibiting news coverage or even putting a news organization out of business has never been greater. This book explores historical and contemporary issues relating to libel suits against media organizations, emphasizing the consequences of the development of libel law for the First Amendment. It also considers the spe-cial problems that broadcasters have with libel suits and their potentially in-hibiting effect on television news coverage. Labunski traces the development of libel law largely from 1964, when the Supreme Court entered the libel arena for the first time and began a twenty-year effort to develop standards that are fair to both sides. He de-scribes the hostile environment which journalists must enter when they de-fend themselves in court. He also demonstrates the complexity and inconsis-tency that have resulted from the state-by-state creation of libel standards. Labunski offers suggestions, some more easily accomplished than others, that will help us get out of the libel "morass" which twenty years of Su-preme Court activity and lower court litigation have produced. This book will be of particular value to students of the First Amendment, communica-tion scholars, working journalists, and anyone who wants to better under-stand the complex development of libel laws and the effect of libel suits on news coverage.
Liberación animal: El clásico definitivo del movimiento animalista
by Peter SingerLa Biblia de quienes luchan por los derechos de los animales, con prólogo de Yuval Harari. Este revolucionario libro inspiró, desde su publicación original en 1975, un movimiento mundial de defensa de los derechos de los animales que aspira a transformar nuestra actitud hacia ellos y eliminar la crueldad que les infligimos. En Libración animal, Peter Singer denuncia el «especismo» (el prejuicio de creer que existe una especie, la humana, superior a todas las demás) y expone la escalofriante realidad de las granjas industriales y los procedimientos de experimentación con animales, echando abajo las justificaciones que los defienden y ofreciendo alternativas a un dilema moral, social y medioambiental. Este libro es un persuasivo llamamiento a la conciencia, la decencia y la justicia y una lectura esencial tanto para el ya convencido como para el escéptico. La crítica ha dicho...«La documentación deSinger no es ni retórica ni emocional, sus argumentos son rigurosos y formidables, ya que no basa su caso en principios personales o religiosos, ni en conceptos filosóficos altamente abstractos, sino en posiciones morales que la mayoría de nosotros ya aceptamos.»The New York Times Book Review «Un libro importantísimo que cambiará el modo en que muchos de nosotros miramos a los animales y, en última instancia, a nosotros mismos.»Chicago Tribune
Liberal Child Welfare Policy and its Destruction of Black Lives
by James G. DwyerHow can we end the inter-generational cycle of poverty and dysfunction in the US's urban ghettos? This ground-breaking and controversial book is the first to provide a child-centered perspective on the subject by combining a wealth of social science information with sophisticated normative analysis to support novel reforms—to child protection law and practice, family law, and zoning— that would quickly end that cycle. The rub is that the reforms needed would entail further suffering and loss of liberty for adults in these communities, and liberal advocacy organizations and academics are so adult-centered in their sympathies and thinking that they reflexively oppose any such measures. Liberals have instead promoted one ineffectual parent-focused program after another, in an ideologically-driven quest for the magic pill that can save both adults and children in these communities at the same time. This `insider critique’ of liberal child welfare policy reveals a dilemma that liberals have yet to face squarely: there is an ineradicable conflict of interests between many young children and their parents, especially in areas of concentrated poverty, and one must choose sides. It is a must read for legal academics, political scientists, urban policy experts, as well as professionals working in social work, law, education, urban planning, legislative offices, and administrative agencies.
Liberal Constitutionalism and its Contemporary Challenges (AMINTAPHIL: The Philosophical Foundations of Law and Justice #12)
by Joan McGregor Gordon Albert Babst Renée Nicole SourisThe edited volume brings together contemporary work by philosophers, legal scholars, and political theorists. This volume presents relevant understandings of the common good, democracy, liberty, and law, and situates them in the context of contemporary countervailing pressures posed by issues in education, access to medical treatment in a pandemic, and the media. Motivated to ascertain how democracy is threatened by a variety contemporary challenges, the authors examine core aspects of law, representative democracy, and constitutionalism to shed light on worrisome contemporary phenomena such as social media-driven conspiracy theories, unequal access to education and medical treatment, among other topics.
Liberal Democracy and the Limits of Tolerance: Essays in Honor and Memory of Yitzhak Rabin
by Raphael Cohen-AlmagerAn irony inherent in all political systems is that the principles that underlie and characterize them can also endanger and destroy them. This collection examines the limits that need to be imposed on democracy, liberty, and tolerance in order to ensure the survival of the societies that cherish them. The essays in this volume consider the philosophical difficulties inherent in the concepts of liberty and tolerance; at the same time, they ponder practical problems arising from the tensions between the forces of democracy and the destructive elements that take advantage of liberty to bring harm that undermines democracy. Written in the wake of the assasination of Yitzhak Rabin, this volume is thus dedicated to the question of boundaries: how should democracies cope with antidemocratic forces that challenge its system? How should we respond to threats that undermine democracy and at the same time retain our values and maintain our commitment to democracy and to its underlying values? All the essays here share a belief in the urgency of the need to tackle and find adequate answers to radicalism and political extremism. They cover such topics as the dilemmas embodied in the notion of tolerance, including the cost and regulation of free speech; incitement as distinct from advocacy; the challenge of religious extremism to liberal democracy; the problematics of hate speech; free communication, freedom of the media, and especially the relationships between media and terrorism.
Liberal Legality: A Unified Theory Of Our Law
by Lewis D. SargentichIn his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. <P><P>He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.<P> Explores what rule-based law and policy-based law have in common.<P> Proposes a novel conception of the rule of law.<P> Offers a wide view of law and legal reasoning.
Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
by Philip HamburgerIn the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
Liberale Eugenik?: Kritik der selektiven Reproduktion
by Robert RanischAnwendungen der Gendiagnostik und Reproduktionsmedizin erlauben es Wunscheltern, immer weiter auf das Erbgut ihrer Nachkommen Einfluss zu nehmen. Eine solche „liberale Eugenik“ wird mittlerweile auch in der Philosophie und Bioethik befürwortet. Wo liegen aber die Ursprünge eines solchen Denkens und wie ist eine umfassende Fortpflanzungsfreiheit zu bewerten? Ausgehend von einer freiheitlichen Ethik leistet die Studie eine immanente Kritik an der liberalen Eugenik und entwirft dabei eine eigene Position zum Umgang mit neuen gentechnischen Möglichkeiten.
Liberalising Trade in the Eu and the Wto
by Sanford E. Gaines Birgitte Egelund Olsen Karsten Engsig SørensenThis comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.
Liberalism and the Limits of Justice
by Michael J. SandelA liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique of contemporary liberalism. This new edition includes a new introduction and a new final chapter in which Professor Sandel responds to the later work of John Rawls.
Liberalism as a Way of Life
by Alexandre LefebvreWhy liberalism is all you need to lead a good, fun, worthy, and rewarding life—and how you can become a better and happier person by taking your liberal beliefs more seriouslyWhere do you get your values and sensibilities from? If you grew up in a Western democracy, the answer is probably liberalism. Conservatives are right about one thing: liberalism is the ideology of our times, as omnipresent as religion once was. Yet, as Alexandre Lefebvre argues in Liberalism as a Way of Life, many of us are liberal without fully realizing it—or grasping what it means. Misled into thinking that liberalism is confined to politics, we fail to recognize that it&’s the water we swim in, saturating every area of public and private life, shaping our psychological and spiritual outlooks, and influencing our moral and aesthetic values—our sense of what is right, wrong, good, bad, funny, worthwhile, and more. This eye-opening book shows how so many of us are liberal to the core, why liberalism provides the basis for a good life, and how we can make our lives better and happier by becoming more aware of, and more committed to, the beliefs we already hold.A lively, engaging, and uplifting guide to living well, the liberal way, Liberalism as a Way of Life is filled with examples from television, movies, stand-up comedy, and social media—from Parks and Recreation and The Good Place to the Borat movies and Hannah Gadsby. Along the way, you&’ll also learn about seventeen benefits of being a liberal—including generosity, humor, cheer, gratitude, tolerance, and peace of mind—and practical exercises to increase these rewards.You&’re probably already waist-deep in the waters of liberalism. Liberalism as a Way of Life invites you to dive in.
Liberalization of Trade in Banking Services
by Bart De MeesterThe financial crisis struck with full force in the autumn of 2008. Very soon after the start of the crisis, culprits were sought. An important recurring argument was that liberalization of trade in banking services, as pursued at the European (within the EU) and international level (in the WTO), had seriously reduced the possibilities for governments to regulate and supervise the banking sector. This book examines the validity of this claim and considers how EU law and WTO law deal with the trade-off any policy-maker must make between stability and efficiency in the market for banking services. The book considers specifically the interaction between EU and WTO law because the EU is itself a Member of the WTO, next to its Member States. This implies that the EU must respect the obligations it undertook in the framework of the WTO when the EU determines its policy towards third-country banks.
Liberalizing Contracts: Nineteenth Century Promises Through Literature, Law and History
by Anat RosenbergIn Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
Liberalizing International Trade after Doha
by David A. GantzAfter ten years the Doha Development Round is effectively dead. A broadly comprehensive round of trade negotiations reminiscent of the Doha agenda or the Uruguay Round will not likely be attempted again in the foreseeable future. Although some have suggested that Doha's demise threatens the continued existence of the GATT/WTO system, even with some risks of increasing protectionism, the United States, the European Union, Japan, Brazil, China, and India, among others, have far too much to lose to make abandoning the WTO a rational option. If there is reason for cautious optimism post-Doha it is because there are alternatives to a comprehensive package of new or amended multilateral agreements. In addition to likely consensus on a few noncontroversial multilateral elements of Doha, the alternatives include existing and future "plurilateral" trade agreements, new or revised regional trade agreements covering both goods and services, and liberalized national trade laws and regulations in the WTO member nations. This book discusses the alternatives, which although less than ideal, may provide an impetus for continuing trade liberalization both among willing members and in some instances worldwide.
Liberating Abortion: Claiming Our History, Sharing Our Stories, and Building the Reproductive Future We Deserve
by Renee Bracey Sherman Regina MahoneA galvanizing history of abortion recentering people of color to put forth a timely argument that we must liberate abortion for all.People of color have been having abortions since the dawn of time, yet our access is continuously under attack. In Liberating Abortion, award-winning abortion activist Renee Bracey Sherman and journalist Regina Mahone illustrate the long racist history that brought us to this moment, uncover the hidden figures who set the foundation activists and storytellers are building on today, and explain how abortion has been and remains essential to the health of our communities.Liberating Abortion will take you back to the basics of sex education, detailing the traditions of abortion over centuries , while examining how society makes us feel about our experiences. You’ll find rigorous research, never-before-heard stories, and eye-opening interviews with over 50 people of color who’ve had abortions, including activists, actresses, television writers, politicians, and the two Black members of Jane, the Chicago feminist service that provided abortions before Roe. With poignant storytelling and precise analysis, Liberating Abortion will change how you think about abortion forever.
Liberating Kosovo
by David L. PhillipsKosovo, after its incorporation into the Serbian Republic of Yugoslavia, became increasingly restive during the 1990s as Yugoslavia plunged into internal war and Kosovo's ethnic Albanian residents (Kosovars) sought autonomy. In March 1999, NATO forces began airstrikes against targets in Kosovo and Serbia in an effort to protect Kosovars against persecution. The bombing campaign ended in June 1999, and Kosovo was placed under transitional UN administration while negotiations on its status ensued. Kosovo eventually declared independence in 2008. Despite internal political tension and economic problems, the new nation has been recognized by many other countries and most of its inhabitants welcome its separation from Serbia. In Liberating Kosovo, David Phillips offers a compelling account of the negotiations and military actions that culminated in Kosovo's independence. Drawing on his own participation in the diplomatic process and interviews with leading participants, Phillips chronicles Slobodan Milosevic's rise to power, the sufferings of the Kosovars, and the events that led to the disintegration of Yugoslavia. He analyzes how NATO, the United Nations, and the United States employed diplomacy, aerial bombing, and peacekeeping forces to set in motion the process that led to independence for Kosovo. He also offers important insights into a critical issue in contemporary international politics: how and when the United States, other nations, and NGOs should act to prevent ethnic cleansing and severe human-rights abuses.
Liberating the United Nations: Realism with Hope
by Richard A. Falk Hans von SponeckThe United Nations (UN) has always loomed large in international conflicts, but today accepted wisdom declares that the organization has lost its way. Liberating The United Nations is a thorough review of its founding and history that tracks critical junctures that obscured or diverted the path to a powerful and just UN that abides by international law. Based on the extensive expertise of two former UN-insiders, Richard Falk and Hans von Sponeck, the book goes beyond critique and diagnosis, proposing ways to achieve a more effective and legitimate UN. The historical sweep of the book offers a uniquely broad perspective on how the UN has evolved from the time of its establishment, and how that evolution reflects, and was defined by, world politics. The book explores these themes through the specific cases of intervention in Palestine, Iraq, and Syria. Liberating The United Nations hopes to reinvigorate the original vision of the UN by asserting its place in a world of amplifying chauvinistic nationalism. Falk and von Sponeck argue for how important the UN has become, and could be, in aiding with the transnational and global challenges of the present and future, including pandemics, environmental crises, and mass migration.
Liberation Theologies in the United States: An Introduction
by Stacey M Floyd-Thomas Anthony B PinnLiberation Theologies in the United States reveals how the critical use of religion can be utilized to challenge and combat oppression in America. In the nascent United States, religion often functioned as a justifier of oppression. Yet while religious discourse buttressed such oppressive activities as slavery and the destruction of native populations, oppressed communities have also made use of religion to critique and challenge this abuse. As Liberation Theologies in the United States demonstrates, this critical use of religion has often taken the form of liberation theologies, which use primarily Christian principles to address questions of social justice, including racism, poverty, and other types of oppression. Stacey M. Floyd-Thomas and Anthony B. Pinn have brought together a stellar group of liberation theology scholars to provide a synthetic introduction to the historical development, context, theory, and goals of a range of U.S.-born liberation theologies: Black Theology—Anthony B. Pinn Womanist Theology—Stacey M. Floyd-Thomas Latina Theology—Nancy Pineda-Madrid Hispanic/Latino(a) Theology—Benjamín Valentín Asian American Theology—Andrew Sung Park Asian American Feminist Theology—Grace Ji-Sun Kim Native Feminist Theology—Andrea Smith Native American Theology—George (Tink) Tinker Gay and Lesbian Theology—Robert E. Shore-Goss Feminist Theology—Mary McClintock Fulkerson &“An extraordinary resource for understanding the vitality of liberation theologies and their relation to social transformation in the changing U.S. context. Written in an accessible and engaged way, this powerful and informative text will inspire beginners and scholars alike. I highly recommend it."—Kwok Pui-lan, author of Postcolonial Imagination and Feminist Theology &“A delight to read . . . [and] an exemplary account of the genre of liberation theologies." ―Religious Studies Review
Liberia and the Dialectic of Law: Critical Theory, Pluralism, and the Rule of Law
by Shane ChalmersIt is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno’s dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of “Liberia”, from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to “establish a state based on the rule of law”. In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
Liberty Worth the Name: Locke on Free Agency (Princeton Monographs in Philosophy #5)
by Gideon YaffeThis is the first comprehensive interpretation of John Locke's solution to one of philosophy's most enduring problems: free will and the nature of human agency. Many assume that Locke defines freedom as merely the dependency of conduct on our wills. And much contemporary philosophical literature on free agency regards freedom as a form of self-expression in action. Here, Gideon Yaffe shows us that Locke conceived free agency not just as the freedom to express oneself, but as including also the freedom to transcend oneself and act in accordance with "the good." For Locke, exercising liberty involves making choices guided by what is good, valuable, and important. Thus, Locke's view is part of a tradition that finds freedom in the imitation of God's agency. Locke's free agent is the ideal agent.Yaffe also examines Locke's understanding of volition and voluntary action. For Locke, choices always involve self-consciousness. The kind of self-consciousness to which Locke appeals is intertwined with his conception of personal identity. And it is precisely this connection between the will and personal identity that reveals the special sense in which our voluntary actions can be attributed to us and the special sense in which we are active with respect to them. Deftly written and tightly focused, Liberty Worth the Name will find readers far beyond Locke studies and early modern British philosophy, including scholars interested in free will, action theory, and ethics.
Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade
by David J. GarrowPulitzer Prize-winning author David J. Garrow's stirring and essential history of the politics of abortion and America's battle for the right to choose In 1973, the Supreme Court handed down its landmark Roe v. Wade decision legalizing abortion, and more than forty years later the issue continues to spark controversy and divisiveness. But behind this historic legal case lie the battles women fought to establish their rights to use contraceptives and choose to have an abortion. Liberty and Sexuality traces these political and legal struggles in the decades leading up to Roe v. Wade--including the momentous 1965 Supreme Court ruling in Griswold v. Connecticut that established a constitutional "right to privacy." Garrow personalizes the struggles by detailing the vital contributions made by dozens of crusaders who tirelessly paved the way. This expansive and substantial work also addresses the threats to sexual privacy and the legality of abortion that have risen since Roe v. Wade. With abortion still a contentious subject on the national political landscape, Liberty and Sexuality is not just a historical account of the right to choose, but an indispensable read about preserving a freedom that continues to divide America.