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Freedom, Rights And Pornography

A Collection of Papers by Fred R. Berger

  • Book
  • © 1991

Overview

Editors:
  1. Bruce Russell

    1. Wayne State University, Detroit, USA

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Part of the book series: Philosophical Studies Series (PSSP, volume 50)

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Table of contents (14 chapters)

  1. Front Matter

    Pages i-xxii
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  2. Mill and the Right of Free Expression

    • Bruce Russell
    Pages 1-13

  3. The Right of Free Expression

    • Bruce Russell
    Pages 14-29

  4. Symbolic Conduct and Freedom of Speech

    • Bruce Russell
    Pages 30-43

  5. Judicial Review, Constitutionally Protected Rights, and Democracy

    • Bruce Russell
    Pages 45-65

  6. Some Aspects of Legal Reasoning Concerning Constitutionally Protected Rights

    • Bruce Russell
    Pages 66-72

  7. ‘Law and Order’ and Civil Disobedience

    • Bruce Russell
    Pages 73-93

  8. Paternalism and Autonomy

    • Bruce Russell
    Pages 94-108

  9. Sex Role Change and Autonomy

    • Bruce Russell
    Pages 109-113

  10. Racial and Sex-Role Stereotyping in the Media: An Analysis

    • Bruce Russell
    Pages 114-122

  11. The Differences in the Cases for and Against Preferential Treatment Based on Sex and Those Based on Race

    • Bruce Russell
    Pages 123-131

  12. Pornography, Sex, and Censorship

    • Bruce Russell
    Pages 132-155

  13. Pornography, Feminism, and Censorship

    • Bruce Russell
    Pages 156-180

  14. Gratitude

    • Bruce Russell
    Pages 181-195

  15. Love, Friendship, and Utility: On Practical Reason and Reductionism

    • Bruce Russell
    Pages 196-212

  16. Back Matter

    Pages 213-222
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Keywords

About this book

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.

Editors and Affiliations

  • Wayne State University, Detroit, USA

    Bruce Russell

Bibliographic Information

  • Book Title: Freedom, Rights And Pornography

  • Book Subtitle: A Collection of Papers by Fred R. Berger

  • Editors: Bruce Russell

  • Series Title: Philosophical Studies Series

  • DOI: https://doi.org/10.1007/978-94-011-3334-0

  • Publisher: Springer Dordrecht

  • eBook Packages: Springer Book Archive

  • Copyright Information: Kluwer Academic Publishers 1991

  • Hardcover ISBN: 978-0-7923-1034-1Published: 31 December 1990

  • Softcover ISBN: 978-94-010-5472-0Published: 27 September 2012

  • eBook ISBN: 978-94-011-3334-0Published: 06 December 2012

  • Series ISSN: 0921-8599

  • Series E-ISSN: 2542-8349

  • Edition Number: 1

  • Number of Pages: XXII, 222

  • Topics: Philosophy of Law, Theories of Law, Philosophy of Law, Legal History, Political Science

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