Search results

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 CONSTITUTIONALISM -- 3.1 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 DEMOCRACIES.

What is the place of religion and religious convictions in government, politics, and in public life - taking into consideration the need to respect the free exercise of religion? Challenges to existing arrangements of church-state affairs come from many corners of domestic debates and international relations. Probably most spectacularly, it also stems from the vicinity of the religious freedom of less established (or less popular) holders of faith. The underlying difficulty of these debates is that at first sight they appear to tackle the issue of the plurality of any polity, not only in its r

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment