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Freedom of Association

Freedom of Association

Volume 25

Part 2



Part of Social Philosophy and Policy

Larry Alexander, Paul Moreno, Ken I. Kersch, Keith E. Whittington, Tobias Barrington Wolff, Andrew Koppelman, Richard A. Epstein, Stephen B. Presser, Loren E. Lomasky, Eric R. Claeys, Richard Boyd, Aurelian Craiutu, Kevin A. Kordana, David H. Blankfein Tabachnick
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  • Date Published: July 2009
  • availability: In stock
  • format: Paperback
  • isbn: 9780521732284


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  • 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.

    • Discusses the limits that may be legitimately put on individuals' rights of free association
    • Looks at this provocative subject from many different angles
    • Written by leading names in the field
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    Product details

    • Date Published: July 2009
    • format: Paperback
    • isbn: 9780521732284
    • length: 340 pages
    • dimensions: 228 x 154 x 18 mm
    • weight: 0.46kg
    • availability: In stock
  • 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.

  • Editors

    Ellen Frankel Paul, Bowling Green State University, Ohio

    Fred D. Miller, Jr, Bowling Green State University, Ohio

    Jeffrey Paul, Bowling Green State University, Ohio


    Larry Alexander, Paul Moreno, Ken I. Kersch, Keith E. Whittington, Tobias Barrington Wolff, Andrew Koppelman, Richard A. Epstein, Stephen B. Presser, Loren E. Lomasky, Eric R. Claeys, Richard Boyd, Aurelian Craiutu, Kevin A. Kordana, David H. Blankfein Tabachnick

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