Positive Freedom and the Law by Leslie Kim Treiger-Bar-Am (2019, Hardcover)

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Item specifics

Condition
Like New: A book in excellent condition. Cover is shiny and undamaged, and the dust jacket is ...
ISBN
9780367137861
Category

About this product

Product Identifiers

Publisher
Routledge
ISBN-10
0367137860
ISBN-13
9780367137861
eBay Product ID (ePID)
23038304435

Product Key Features

Number of Pages
227 Pages
Publication Name
Positive Freedom and the Law
Language
English
Publication Year
2019
Subject
Ethics & Moral Philosophy, Individual Philosophers, Civil Rights, Religious, Political Freedom
Type
Textbook
Author
Leslie Kim Treiger-Bar-Am
Subject Area
Law, Philosophy, Political Science
Format
Hardcover

Dimensions

Item Height
0.7 in
Item Weight
21.5 Oz
Item Length
9.3 in
Item Width
6.7 in

Additional Product Features

Intended Audience
College Audience
LCCN
2019-013684
Reviews
In her intriguing inquiry, Kim Treiger-Bar-Am brings to light the commonalities between two prominent Western traditions:Kantian ethics and the Jewish heritage. Under her reading, both traditions share the conviction that obligation and freedom are interrelated and interdependent. Her original insights contribute greatly to intellectual history as well as to moral and legal theory as such. - Alon Harel, Hebrew University of Jerusalem In this intriguing work Kim Treiger-Bar-Am develops a theory of expressive rights and duties based on a reading of Kantian theory alongside the tradition of Jewish thought. In the second part of the book the necessary relation of right and duty, and of obligation and freedom, in the exercise of expressive freedom that arises from this reading is investigated in the context of a copyright model that would require respect for all authors and their expressive acts. This beautifully written and convincingly argued book contributes an invaluable and innovative strand to the important body of work by copyright theorists that understands copyright as a speech right impacting on our politics, culture and communal life. - Fiona Macmillan, Birkbeck, University of London, University of Roma Tre, and University of Technology Sydney, In her intriguing inquiry, Kim Treiger-Bar-Am brings to light the commonalities between two prominent Western traditions:Kantian ethics and the Jewish heritage. Under her reading, both traditions share the conviction that obligation and freedom are interrelated and interdependent. Her original insights contribute greatly to intellectual history as well as to moral and legal theory as such. - Alon Harel, Hebrew University of Jerusalem In this intriguing work Kim Treiger-Bar-Am develops a theory of expressive rights and duties based on a reading of Kantian theory alongside the tradition of Jewish thought. In the second part of the book the necessary relation of right and duty, and of obligation and freedom, in the exercise of expressive freedom that arises from this reading is investigated in the context of a copyright model that would require respect for all authors and their expressive acts. This beautifully written and convincingly argued book contributes an invaluable and innovative strand to the important body of work by copyright theorists that understands copyright as a speech right impacting on our politics, culture and communal life. - Fiona Macmillan, Birkbeck, University of London, University of Roma Tre, and University of Technology Sydney In this fascinating exploration of the Jewish tradition and Kantian philosophy, Treiger Bar-On shines a light on the close connection between freedom and obligation in both structures of thought. The book includes a sophisticated meditation on freedom of thought, interpretation, and expression that comes alive through application to contemporary legal dilemmas. - Suzanne Last Stone, Yeshiva University, Cardozo Law School
Dewey Edition
23
Dewey Decimal
123.5
Table Of Content
Preface; Part One: Freedom and Obligation; 1. Kantian Theory and Jewish Thought: The Encounter between Them; 2. Autonomy as Obligation: Kant and Traditions of Positive Freedom; 3. Obligation as Freedom: Jewish Thought; 4. Dignity, Respect and Expression; Part Two: Positive Freedom in Expression; 5. Authors' Rights and Duties; 6. Women's Prayer in Jerusalem; Concluding Remarks;
Synopsis
This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors - including so-called users - are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers - including those whose interpretation of Jewish law differs from that adopted by the authorities - are respected.
LC Classification Number
B2799.L49T74 2019

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