Freedom, Rights And Pornography: A Collection of Papers by Fred R. BergerBruce Russell Springer Science & Business Media, 31 Des 1990 - 222 halaman In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a right that Berger defends derives from J ohn Stuart Mill and is captured by what he calls "the rights formula": to have a right is to have important interests that society ought to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95). Since rights are to be protected by general rule, case-by-case consideration of consequences is ruled out (pp. 3, 18, 96) and neither modest increases in the general welfare, nor majority opinion, can justify the violation of a right (pp. 14-15; 17-18). Berger combines this view of the nature of a right with an objective theory of value according to which the important interests that ought to be protected are ones that people have "whether they know them or not, whether they desire that in which they have an interest or not" (p. |
Isi
III | 4 |
THE RIGHT OF FREE EXPRESSION | 14 |
III | 35 |
JUDICIAL REVIEW CONSTITUTIONALLY | 45 |
SOME ASPECTS OF LEGAL REASONING | 66 |
LAW AND ORDER AND CIVIL | 73 |
III | 86 |
PATERNALISM AND AUTONOMY | 94 |
THE DIFFERENCES IN THE CASES | 123 |
PORNOGRAPHY SEX AND CENSORSHIP | 132 |
PORNOGRAPHY FEMINISM | 156 |
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activity Amendment appeal argued argument aspects attitudes autonomy basic rights behavior believe Berger censorship civil disobedience claim clear communication concern consequentialist conservative considerations constitutionally protected rights course Court degrades women democracy depicted desire discussion disorder effect example fact feelings feminist Fred Berger free expression free speech freedom of expression freedom of speech further grounds happiness harms human Ibid important individuals interests interference involved issue John Rawls John Stuart Mill judicial judicial activism judicial restraint justice justified KEITH LEHRER legal system legislation lives love and friendship Moreover nature notion objection one's paternalism persons Philosophical political pornography principles rape reason recognize regard regulation relationships requires respect result right of free Ronald Dworkin rules self-determination sex roles sexism sexual show gratitude significant social society sort status stereotyping stress suppress symbolic conduct U.S. Constitution utilitarian values violation violence Walter Berns zipless fuck