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1
Ahluwalia, Pal y Toby Miller. "Negating freedom's freedom". Social Identities 16, n.º 6 (noviembre de 2010): 715–16. http://dx.doi.org/10.1080/13504630.2010.534624.
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Cobb, Jr., Charles. "Freedom's Struggle and Freedom Schools". Monthly Review 63, n.º 3 (12 de julio de 2011): 104. http://dx.doi.org/10.14452/mr-063-03-2011-07_12.
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DeBode, Jason D., Dana L. Haggard y K. Stephen Haggard. "Economic freedom and Hofstede’s cultural dimensions". International Journal of Organization Theory & Behavior 23, n.º 1 (18 de diciembre de 2019): 65–84. http://dx.doi.org/10.1108/ijotb-11-2018-0124.
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Purpose The purpose of this paper is to investigate the influence of broad cultural dimensions, as well as those of religion and legal origin, on countries’ economic freedom, i.e., trade freedom, investment freedom, business freedom, labor freedom, monetary freedom, as well as a composite measure of economic freedom. Design/methodology/approach Linear regression of publicly available data regarding economic freedom (Miller et al., 2018) on cultural dimensions (Hofstede, 2009), legal origin and religion (LaPorta et al., 1999) for 52 countries was performed to determine the impact of these factors on economic freedom. Findings Results indicated femininity was the cultural dimension associated with the most measures of economic freedom. Short-term-oriented cultures were predictive of greater business freedom, while more restrained cultures were associated with greater business and monetary freedoms. Higher individualism was predictive of greater monetary freedom. Catholicism positively predicted investment freedom and negatively predicted business freedom. French civil law negatively predicted labor freedom, while socialist legal origins positively predicted trade freedom, but negatively predicted business freedom. Originality/value This is the first study to examine the impacts of culture, law and religion on economic freedom. One practical implication of this research is that countries would be wise to emphasize more feminine aspects in their cultures, as these are associated with greater economic freedom. Even minor adjustments that move in the direction of cooperation and fair processes might help increase economic freedoms and the many benefits that stem from such freedoms.
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Ishchenko, Natal'ya Gennadievna. "Freedom of provision of services, freedom of establishment and freedom of movement of labor in the law of the Eurasian Economic Union". Международное право и международные организации / International Law and International Organizations, n.º 3 (marzo de 2024): 37–50. http://dx.doi.org/10.7256/2454-0633.2024.3.33900.
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This article is devoted to the analysis of the legal regulation of interrelated economic freedoms within the framework of the Eurasian Economic Union: freedom to provide services, freedom of establishment and freedom of movement of labor. The author examines the content of these freedoms in accordance with the provisions of the Treaty on the Eurasian Economic Union, identifying the inherent features of these freedoms, as well as the criteria for their differentiation. The author refers to the experience of the European Union in the field under study not only to compare the provisions of the constituent acts, but also to determine possible trends in the development of legal regulation of these freedoms within the Eurasian economic space. Summing up, the author makes some generalizations. In particular, it is noted that the EAEU already has a single market for services. The sectors (subsectors) of services that are provided in the single market mode (more than 40 service sectors) are established. It is also emphasized that the freedom of establishment and freedom of activity are necessary for the realization of the freedom to provide services, and the main criterion for distinguishing the freedom to provide services from the freedom of the institution is the factor of the length of stay in the country in which the service is provided. As a result of the research, the author concludes that the achievement of the economic goals of the Union, including the freedom of movement of services and persons, is possible only if the supremacy of human and civil rights and freedoms is ensured at the supranational level.
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Kuznetsov, Dmitry. "Freedoms Collide: Freedom of Expression and Freedom of Religion in Russia in Comparative Perspective". Russian Law Journal 2, n.º 2 (17 de febrero de 2015): 75. http://dx.doi.org/10.17589/2309-8678-2014-2-2-75-100.
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Bezborodov, Yu S. "LEGAL-THEORETICAL ANALYSIS OF FREEDOM OF SPEECH IN THE UNIVERSAL AND REGIONAL DIMENSION: THE EDGE OF REASON". Bulletin of Udmurt University. Series Economics and Law 31, n.º 4 (12 de agosto de 2021): 721–28. http://dx.doi.org/10.35634/2412-9593-2021-31-4-721-728.
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In the theory of law, freedom of speech, which has a long history of formation, continuing even now - with the crystallization of this freedom by international institutions, remains the most important and necessary element of the functioning of civil society and the building of the rule of law. In the legal plane, being initially enshrined at the international level - universal and regional - this freedom faces serious obstacles to its realization and protection at the national level, where it collides with other rights and freedoms, including freedom of religion, as well as with the interests of society and the state which are often difficult to establish. One of the fundamental issues related to the realization of freedom of speech is the question of the absoluteness and limitations of this freedom. Restrictions on freedom of speech, established normatively and developed by practice at the universal and European regional international legal level, are associated with considerations of morality, social interests and values, necessity and security. These approaches developed at different levels of regulation are mutually consistent and complement each other, building a paradigm that is much needed by general international law in a uniform understanding of human rights and freedoms. Despite the established restrictions, in practice, contradictions and misunderstandings continue to arise related to the implementation of freedom of speech at the national level. This work attempts to correlate freedom of speech with restrictions on this freedom by states bound by security interests, morality and ethics. The article proposes an effective way to solve the problem of limiting freedom of speech and delimiting it from other freedoms: increasing the responsibility of states for violating human rights and freedoms by changing its form, and strengthening the jurisdiction of already existing international bodies for the protection of human rights, especially conventions.
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Omolewa, Michael y Ruphina U. Nwachukwu. "Freedom: An African Perspective". Paragrana 32, n.º 1 (1 de junio de 2023): 123–36. http://dx.doi.org/10.1515/para-2023-0010.
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Abstract This paper offers a comprehensive discussion on the concept of Africa and freedom, freedoms in indigenous Africa, literacy and freedom from external forces, freedom under colonial rule, the role of World War II, decolonization and the Independence Movement in Africa, independent African and new challenges for freedom and finally a way forward.
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Ahmed, Jabar Ismael. "The Concept of Freedom in liberalism’s Thought, for Instance: Friedrich .A. Von Hayek's Vision". Journal of University of Raparin 8, n.º 2 (16 de junio de 2021): 282–309. http://dx.doi.org/10.26750/vol(8).no(2).paper13.
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Liberalism thus views the concept of freedom as a fundamental element of its intellectual foundation and without access to and defense of freedom, there is no meaning for the existence and survival of liberals. Due to the wide range of views of liberalism and the differences of opinion of liberal thinkers and different trends, attitudes and views on different freedoms, for example some of the thinkers believe in the interference of the state power in personal freedoms with the goal of creating social justice and economic justice and so on..., such as the thinkers of the Social liberal trend in the thought of liberalism, But some other thinkers believe in the protection of individual freedoms from interfering of the power of the state, and reject any form of interference in freedom, such as thinkers of the Libertarians trend in the thought of liberalism, including (Friedrich A. von Hayek).
These two views of liberalism are expressed in terms of freedom, as: positive freedom (when the state intervenes in freedoms), and negative freedom (that freedom is protected from the interference of state power). (Hayek) rejects positive freedom and believes that any interference in the freedom, economy, and property of individuals, commodities, and markets, leads to the deterioration of the security and stability of individuals on one hand, and the creation of an oppressive, tyrannical and dictatorial power or regime on the other hand. This condition becomes the cause and means of the departure of individuals and the coexistence of the living system to slavery.
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Sobczak, Jacek. "Obraza uczuć religijnych a wolność sztuki i ekspresji artystycznej". Themis Polska Nova 8, n.º 1 (2015): 87–111. http://dx.doi.org/10.15804/tpn2015.1.05.
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The offense against religious feelings expressed in the text of Art. 196 of PC is strongly embedded in the constitutional liberties and freedoms and human rights of both the Council of Europe and the European Union. Freedom of conscience and religion, which originated in the wording of Art. 196 of PC remains in antinomy to other constitutional values protected by both international acts such as freedom of expression, freedom of artistic expression, the freedom to teach and freedom to enjoy cultural heritage. This requires balancing the content of these freedoms. At present stage there is yet no way to resolve the alleged doctrine of countertype of art.
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Rzayeva, Gulnaz y Turkana Babayeva. "Yaradıcılıq azadlığının təminatının hüquqi və təcrübi aspektləri". Azerbaijani Lawyer Journal 24, n.º 2 (26 de octubre de 2024): 26–34. http://dx.doi.org/10.61638/rlnh4623.
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The freedom of creativity, which is established in different forms in various legal regulations, is considered one of the main freedoms related to the development of the material and spiritual existence of a person due to its characteristics. In the modern era, digitalization processes and the transition to the information society have conditioned this freedom to take a new form, to include not only artistic works, but a wider content. The article analyzes the nature of freedom of creativity, its main elements, mechanisms of legal protection, as well as the interaction of this freedom with other rights and freedoms. In addition, recommendations on methods of protection against illegal interference aimed at freedom of creativity have been presented. At this time, the important aspects of the interaction of freedom of creativity and information culture were also studied. Keywords: freedom of creativity, information product, artistic work, information culture, limitations, legality.
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Rollin, Bernard E. "Veterinary ethics and production diseases". Animal Health Research Reviews 10, n.º 2 (diciembre de 2009): 125–30. http://dx.doi.org/10.1017/s1466252309990168.
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AbstractAn animal's welfare should be governed by five freedoms, namely, freedom from hunger and thirst, freedom from discomfort, freedom from pain, injury or disease, freedom to express normal behavior and freedom from fear and distress. If the essence of veterinary medicine is to act like a physician for animals then the profession must be vocal in opposition to production diseases, which can be prevented by changing the system of production.
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Hartford, Robert. "A Political Standard for Absolute Political Freedom". Journal of Ayn Rand Studies 11, n.º 1 (1 de julio de 2011): 45–62. http://dx.doi.org/10.2307/41560402.
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Abstract This paper derives political freedoms from the ethics of egoism, demonstrates the equivalence of absolute political freedom and Liberty, and advocates absolute political freedom as a moral ideal. Protection of voluntary consent along an individual's entire politically legitimate valuing chain provides a standard for identifying political freedoms. Actions meeting the standard are political freedoms. Actions violating the standard are violations of political freedom. As a political standard, protection of voluntary consent is presented as superior to either the non-initiation of force or the non-aggression axiom.
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Hartford, Robert. "A Political Standard for Absolute Political Freedom". Journal of Ayn Rand Studies 11, n.º 1 (1 de julio de 2011): 45–62. http://dx.doi.org/10.5325/jaynrandstud.11.1.0045.
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Abstract This paper derives political freedoms from the ethics of egoism, demonstrates the equivalence of absolute political freedom and Liberty, and advocates absolute political freedom as a moral ideal. Protection of voluntary consent along an individual's entire politically legitimate valuing chain provides a standard for identifying political freedoms. Actions meeting the standard are political freedoms. Actions violating the standard are violations of political freedom. As a political standard, protection of voluntary consent is presented as superior to either the non-initiation of force or the non-aggression axiom.
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Ismailov, Nurmagomed Omarovich. "The relationship of human rights and freedoms in the context of justice". Философская мысль, n.º 4 (abril de 2024): 1–9. http://dx.doi.org/10.25136/2409-8728.2024.4.70373.
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The problem of interrelation and interdependence of various human and civil rights and freedoms in the light of the concept of social justice is investigated. The problem of a fair measure of human and civil rights and freedoms is considered, it is argued that a fair measure of rights and freedoms in any sphere of human activity should initially proceed from the idea of natural human rights to life, freedom and property, but this measure should be conditioned by the concrete historical realities of a given society. The author considers social justice as a measure of freedom. In the course of researching issues related to the problem of human rights and freedoms, the author proceeds from the theoretical position that all economic, political and spiritual rights and freedoms are interrelated and mutually conditioned. The author explores the problem of human rights and freedoms and social justice using the principle of development, an axiological approach and a criterion of practice. The author explores various aspects of freedom from the point of view of the concept of social justice, in the context of the relationship between freedom and responsibility, rights and duties. The problem of various human rights and freedoms is studied by the author in the context of their interrelation and interdependence. It is argued that the basis of political and spiritual freedom is, first of all, economic freedom, but at the same time the value of spiritual and political rights and freedoms in themselves is emphasized. The author interprets the problem of human rights and freedoms and social justice as tools in reflecting the realities of the modern world and tries to identify ideas in them that can be used in modern society to solve existing problems in it. The problem requires further investigation.
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Newman, Dwight. "Freedom of Thought in Canada: The History of a Forgetting and the Potential of a Remembering". European Journal of Comparative Law and Governance 8, n.º 2-3 (27 de abril de 2021): 226–44. http://dx.doi.org/10.1163/22134514-bja10017.
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Abstract Canada has a constitutional freedom of thought clause that has received almost no attention. This article considers reasons behind this phenomenon and the future potential of the clause. Unlike many constitutional rights and freedoms in Canada, constitutionalised freedom of thought did not have precedents in prior Canadian human rights instruments. Rather, its precedents are in international human rights instruments, with Canadian drafters choosing to adopt this freedom into Canada’s 1982 Charter of Rights and Freedoms. For a complex set of reasons, almost no Canadian case law has developed on freedom of thought. This article explains that phenomenon in terms of path dependence and problematic features of Canadian jurisprudence and scholarship. It argues that some recent cases offer new hope for development of freedom of thought jurisprudence. It argues that comparative constitutional conversations and emerging contemporary challenges may be significant in the development of Canada’s constitutional freedom of thought guarantee.
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عبدالله الصواف, عبدالله ذنون. "The human right to travel and movement in public international law". Al-Kitab Journal for Human Sciences 4, n.º 6 (19 de julio de 2023): 169–86. http://dx.doi.org/10.32441/kjhs.4.6.10.
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Human is by nature a moving being who must move from one place to another as he wishes and at any time and by the means he wants, including to protect his physical and psychological health together, thus preparing the freedom of travel and movement from personal freedoms crisis to the human being and personal freedoms that are considered fundamental freedoms at the forefront of freedoms as a condition for the possibility of enjoying other rights and public freedoms, but it is the pillar on which all other freedoms recant, what is the value of man If he is not determined by the freedom to travel to and from the borders of the country in which he resides permanently, or to travel to and from other countries in accordance with the provisions of the law. If freedom of travel and movement is one of the fundamental freedoms of the human being, that freedom is not absolute
in positive legislation, but is regulated to allow individuals wishing to enjoy it without violating it or wasting it in order to preserve its interests and the interests of society.
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Ibrahim Hasanli, Farida. "LEGAL ANALYSIS OF THE PRINCIPLE OF THE FREEDOM OF THE HIGH SEAS". SCIENTIFIC WORK 65, n.º 04 (23 de abril de 2021): 405–7. http://dx.doi.org/10.36719/2663-4619/65/405-407.
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The high sea is the part of the world's oceans that does not fall under the jurisdiction of any state and is open to the use of all states.As can be seen from the definition, the seabed and ocean floor are not included in the concept of open sea due to their special legal status.No state can subjugate any part of the high seas to its sovereignty.The high seas are free for both coastal states and landlocked states. The legal regime of the high seas includes the following freedoms: 1) freedom of navigation; 2) freedom of flight; 3) freedom of fishing; 4) freedom of laying submarine cables and pipelines; 5) freedom of scientific research; 6) Freedom to create artificial islands and facilities. These freedoms must be exercised taking into account the requirements of international law and the interests of other states. Key words: high seas, flag state, military ships,international acts, United Nations Convention on the Law of the Sea, navigation, overflight, fishing, cables and pipelines
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Boyd, Richard. "THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION". Social Philosophy and Policy 25, n.º 2 (2 de junio de 2008): 235–62. http://dx.doi.org/10.1017/s0265052508080254.
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Freedom of association holds an uneasy place in the pantheon of liberal freedoms. Whereas freedom of association and the abundant plurality of groups that accompany it have been embraced by modern and contemporary liberals, this was not always the case. Unlike more canonical freedoms of speech, press, property, petition, assembly, and religious conscience, the freedom of association was rarely extolled by classical liberal thinkers in the seventeenth and eighteenth centuries. Indeed Thomas Hobbes, David Hume, Adam Smith, and others seem to have regarded freedom of association with some trepidation because of the violent, irrational, and factional behavior of groups. This chapter illuminates these anti-associational assumptions in the writings of James Madison. Although Madison famously deplored political associations as sources of faction and civil dissension, he differed from other members of the Founding generation in his willingness to defend associational freedom. Madison's writings also shed light on the unenumerated status of the freedom of association in American constitutional law.
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Костић, Немања. "Хришћанска слобода и модерна слобода: две антропологије". Theological Views – Religious and Scientific Journal / Теолошки погледи – версконаучни часопис LIV, n.º 3 (31 de diciembre de 2021): 465–82. http://dx.doi.org/10.46825/tv/2021-3-465-482.
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The paper presents the analysis of Christian and modern ideas of freedom. The first part denotes fundamental elements of the Christian idea of freedom as it can be found in the theology of Saint Apostle Paul, notably the idea of liberation from sin, and Paul’s views on how to live this freedom. In the second part, we have the analysis of the key aspects of modernity, such as rationalism, autonomy, and the notion of human rights, and how these ideas influenced the formulation of the modern idea of freedom. In the third part, the Christian and the modern ideas of freedom are analyzed in the light of their fundamental anthropological bases.
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Maira, Sunaina. "Freedom to Move, Freedom to Stay, Freedom to Return". Radical History Review 2019, n.º 135 (1 de octubre de 2019): 138–59. http://dx.doi.org/10.1215/01636545-7607884.
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Abstract This article focuses on the sanctuary movement in the United States and Europe, putting into conversation with one another migrant solidarity activists from different national contexts. This transnational roundtable draws on interviews with activists in the San Francisco Bay Area as well as in the United Kingdom and Switzerland, and on a workshop on sanctuary activism that involved forty activists from the Bay Area, Europe, and Australia. The article explores the meaning of sanctuary in these different locations and the strategies used by activists to create various forms of sanctuary while grappling with its contradictions. It addresses three key themes: (1) the meaning of sanctuary in campaigns that enact the right to freedom of movement across borders; (2) the binary of “good”/deserving versus “bad”/unworthy migrants; and (3) an abolitionist sanctuary model that links border violence to carcerality, neoliberal capitalism, white supremacy, settler colonialism, and fascism.
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Li, Zheng y John A. Edwards. "The Negative Relationship Between Threats and Endorsement of Freedom". Social Cognition 42, n.º 5 (octubre de 2024): 446–69. http://dx.doi.org/10.1521/soco.2024.42.5.446.
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The effect of threats on endorsement of freedom has rarely been studied. Studies on hierarchy and uncertainty have implied that people may forsake freedom to gain certainty and control. The research described in this article aimed to test the idea that threats make people endorse freedom less because they make insecurity more salient, which in turn draws attention to the negative aspects of freedom. Two studies tested the hypothesis that threats will be negatively associated with endorsement of different freedoms. People indicated less endorsement of Positive Freedom (i.e., freedom to behave and autonomy) and Negative Freedom (i.e., freedom from interference and restrictions) after versus before the outbreak of COVID-19 (Study 1). Experimentally manipulated threats decreased endorsement of freedom through the perception that freedom is less positive and important (Study 2). These results suggest that even in a country like the United States, where freedom is greatly valued, threats can lessen people's endorsement of freedom.
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Hemphill, Ailsa. "Voicing freedom". Groundings Undergraduate 6 (1 de abril de 2013): 30–41. http://dx.doi.org/10.36399/groundingsug.6.226.
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Ngũgĩ wa Thiong’o’s A Grain of Wheat is set in Kenya in 1963, the year the country became independent from the British. It depicts both colonisers and colonised, and explores the workings of power both before and after independence, unsettling the notion that gaining independence can be equated with gaining freedom. Drawing from the political philosopher Isaiah Berlin’s concerns about the dangers of conflating status with freedom, this article reflects on the workings of colonial and neo-colonial power in the novel. There are parallels between the coloniser/colonised dynamics of A Grain of Wheat and those of Shakespeare’s The Tempest, as in both texts the language of freedom is used ambiguously to the benefit of the coloniser. Ngũgĩ’s novel demonstrates that a nation may be declared free in a way which in fact works to conceal the lack of freedom of its people, and that voicing freedom in a negative as opposed to a positive sense exposes the violation of fundamental freedoms.
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BRAHAM, MATTHEW. "MEASURING SPECIFIC FREEDOM". Economics and Philosophy 22, n.º 3 (noviembre de 2006): 317–33. http://dx.doi.org/10.1017/s0266267106001003.
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This paper is about the measurement of specific freedoms – the freedom of an agent to undertake some particular action. In a recent paper, Dowding and van Hees discuss the need for, and general form of, a “freedom function” that assigns a value between 0 and 1 to a freedom or right and that describes the expectation that a person may have about being in a position to exercise (“being free to perform”) that freedom or right. An examination of the literature shows that there is as yet no agreed framework for defining such a function. Based on the framework of a game form, I develop a very simple and natural measure of specific freedom as the “conditional probability of success.” It is also shown that in an important way “negative freedom is membership of powerful coalitions.”
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Strilets, Bohdan. "Correlation between freedom of capital movement and freedom of establishment in European Union law". Yearly journal of scientific articles “Pravova derzhava”, n.º 34 (1 de agosto de 2023): 627–37. http://dx.doi.org/10.33663/1563-3349-2023-34-627-637.
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The study highlights the correlation between freedom of movement of capital and freedom of establishment in the law of the European Union, taking into the account modern case law of the Court of Justice of the European Union (CJEU). The author analyses the case law of the CJEU in the context of determining the scope of application of freedom of movement of capital and freedom of establishment in certaincases, including decisions made in 2021 and 2022. The author identifies the factorswhich are taken into account by the CJEU when determining whether to give preference to the application of a particular freedom. The author also highlights the approaches which have developed in the international and European law science to address thisissue. The author establishes that, based on the analysed case law, the CJEU assesses the main purpose, objective and impact of a national measure on the exercise of freedom of movement of capital and/or freedom of establishment. The Court may favour one freedom over the other based on these factors or consider both freedoms equally when assessing the compatibility of the measure with EU law. It often turns out that restrictive national tax measures may violate one or both of these fundamental freedoms of the EU’s internal market.The author concludes that guided exclusively by the provisions of the EU founding treaties on freedom of movement of capital (Article 63 TFEU) and freedom of establishment (Article 49 TFEU), it is often impossible to establish for certain which freedom will be applied to a particular economic activity of individuals and legalentities. In accordance with the case law of the CJEU, when deciding on the applicationof a particular freedom, in particular, the following factors should be taken into account: the presence of a “definite influence” of an owner of capital share (investor);the type of restriction on the freedoms of the EU internal market imposed by the EUMember State on the activities of entities engaged in economic activity. However, according to the author, there appears to be a lack of consistency indetermining the application of the freedom of movement of capital and/or freedom of establishment, which may be eliminated with the adoption of more judgments by the CJEU in the future and their further scientifi c understanding Key words: EU law, international economic law, international treaties, freemovement of capital, freedom of establishment, investment, company law, Court of Justice of the European Union, European integration.
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Sobczak, Jacek. "Wolność wypowiedzi a zjawisko manipulacji przekazem prasowym". Przegląd Politologiczny, n.º 3 (2 de noviembre de 2018): 17–42. http://dx.doi.org/10.14746/pp.2012.17.3.2.
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The legal concept of human liberties and rights, including freedom of speech, is secondary to philosophical assumptions. Certainty of where the border between authority and freedom lies leaves the issue of the actual range of freedom unresolved. There is no, and there can be no absolute freedom, and the borders of every freedom are defined by legal regulations. This raises the question of whether a democratic state, a state of law, can make regulations in the realm of human rights and freedoms. In international relations, human rights are the foundation of all humanitarian law. There can be no violation of human rights in democratic states. The Constitution of Poland prioritizes human freedoms and rights in the constitutional hierarchy. Freedom of speech is placed particularly high in the hierarchy of liberties encompassed by human rights. Freedom of speech is guarded not only by Constitutional regulations but also detailed laws, which simultaneously establish the limits of the freedom of speech. These limits are also set by ethical norms. Journalists attempt to get around the legal limits that establish the framework of freedom and the barriers posed by codes of ethics, by means of manipulation of press releases. Manipulating society, journalists become a tool of authorities that are frequently not elected, not sovereign and are in fact acting on behalf of entities that remain anonymous and whose goals are undisclosed.
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Särg, Taive. "Nonviolence Loves Freedom". Folklore: Electronic Journal of Folklore 63 (abril de 2016): 127–36. http://dx.doi.org/10.7592/fejf2016.63.review_essay.
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Burke, Anthony. "Freedom's Freedom: American Enlightenment and Permanent War". Social Identities 11, n.º 4 (julio de 2005): 315–43. http://dx.doi.org/10.1080/13504630500356322.
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Razumov, Alexander S. "Movement toward Freedom: Myth and Reality". Russian Journal of Philosophical Sciences 62, n.º 10 (15 de diciembre de 2019): 84–101. http://dx.doi.org/10.30727/0235-1188-2019-62-10-84-101.
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The problem of freedom is researched in various ways by the religions of the world, by the scientific theories and by the mythological consciousness of people. The article pays great attention to the myth and its influence on the realm of freedom and on our interpretation of reality. The author understands a myth as a certain free fiction of a man in order to interpret reality in his own way and sometimes to create his own artistic image of the world. Often the myth stimulates the ability of the imagination and thus it participates in the creation and existence of personality. It is argued that the traces of the myth can be found in most ways of orientation in the material and ideal worlds as well as in the systems of human interests and relationships, in the original human desire of freedom. The problem of freedom is central to all human history. Freedom of conscience, freedom of speech, political freedoms - one can name a large number of different freedoms, but the freedom of creativity should be considered as principal freedom. It should be noted also the freedom of thought, which can lead a cognizing person beyond the worlds of substances and energies, to the place where the Eternal Creator should abide. As the world religions believe, we inherit the capacity for creativity and self-knowledge from God. The very same creative freedom exists historically. Freedom of thought is accompanied by spontaneity and mystery. Spontaneity of consciousness and freedom of creativity create a system of meanings that determine the course of human history, while history is perceived by an observer as a completely unique, cognizable phenomenon.
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O'Neil, Robert M. "Artistic Freedom and Academic Freedom". Law and Contemporary Problems 53, n.º 3 (1990): 177. http://dx.doi.org/10.2307/1191796.
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Pettit, Philip. "Agency-Freedom and Option-Freedom". Journal of Theoretical Politics 15, n.º 4 (octubre de 2003): 387–403. http://dx.doi.org/10.1177/0951692803154003.
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Ringen, Stein. "Liberty, Freedom and Real Freedom". Czech Sociological Review 41, n.º 5 (1 de octubre de 2005): 903–18. http://dx.doi.org/10.13060/00380288.2005.41.5.08.
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Pettit, Philip. "Agency-freedom and option-freedom". Journal of Theoretical Politics 15, n.º 4 (1 de octubre de 2003): 387–403. http://dx.doi.org/10.1177/09516298030154003.
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Strossen, Nadine. "Academic Freedom and Artistic Freedom". Academe 79, n.º 1 (1993): 30. http://dx.doi.org/10.2307/40250436.
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Vivarelli, Roberto. "Political freedom and economic freedom". European Review 8, n.º 2 (mayo de 2000): 185–91. http://dx.doi.org/10.1017/s1062798700004750.
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This article attempts to outline the development in our time of two ideas of freedom. At first, economic freedom depended on political freedom and the aim of both was moral improvement. From the beginning of the 20th century, economic freedom has become an end in itself and political freedom has given up any moral claim; both ideas of freedom are no longer what they were.
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Ringen, Stein. "Liberty, freedom and real freedom". Society 42, n.º 3 (marzo de 2005): 36–39. http://dx.doi.org/10.1007/bf02802985.
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Nuzzo, Beata. "La libertà economica durante il COVID-19 in Italia – i condizionamenti e le limitazioni". Acta Iuridica Resoviensia 35, n.º 4 (2021): 292–305. http://dx.doi.org/10.15584/actaires.2021.4.21.
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Italian society, like other liberal-minded societies, has been faced with the health emergency caused by the SARS-CoV-2 virus, which has led to drastic limitations on some fundamental constitutionally protected freedoms, including personal freedom, freedom of movement, freedom of assembly, as well as freedom of economic initiative, compressing them to the point of almost nullifying them. For this reason, the problem has arisen of establishing the boundaries within which the limitation, if not the deprivation, of those freedoms can be said to be compatible with the higher principles of the legal system, provided for by the constitutions and international charters on human rights. What is perplexing from a constitutional point of view are not so much the restrictive measures in themselves, but rather the ways in which they have been adopted in the Italian legal system, and which are very evident in the example of economic freedom.
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Swaine, Lucas. "Freedom of Thought as a Basic Liberty". Political Theory 46, n.º 3 (9 de noviembre de 2016): 405–25. http://dx.doi.org/10.1177/0090591716676293.
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Freedom of thought has been lauded in political theory and celebrated in human rights discourse. But what kind of freedom is it? I propose that freedom of thought deserves status as a basic liberty, given the significance of thought to human life, the fundamental importance of freedom of thought in establishing and sustaining crucial rights and freedoms, and the value of being able to develop and experience one’s thoughts without undue influence from others.
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Blouet, Olwyn M. "Earning and Learning in the British West Indies: an Image of Freedom in the Pre-Emancipation Decade, 1823–1833". Historical Journal 34, n.º 2 (junio de 1991): 391–409. http://dx.doi.org/10.1017/s0018246x00014199.
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In 1833 slavery was abolished in the British West Indian colonies. A labour system that had been in operation for two hundred years, ended. A campaign based on the concept of freedom came to fruition. The idea of freedom was central to enlightenment thought. Freedom of speech, freedom of religion, freedom of conscience, freedom of movement, a free press, free trade and free labour were all part of enlightenment ideology. The institution of slavery, which limited all freedoms, came under pressure in an enlightened environment. Unlike the ancients who believed there could not be a civilized society without slaves, enlightenment philosophers developed the view that slavery was antithetical to civilization.
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Sedletchi, Nicolae. "The right to freedom of conscience - dimensions conceptual-legal". Vector European, n.º 2 (enero de 2023): 24–30. http://dx.doi.org/10.52507/2345-1106.2022-2.06.
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Freedom of conscience and religion is a natural right, which is meant to recognize and protect the human person as an autonomous spiritual being, as a free man. It is relevant to note that already at the beginning of the 20th century freedom of conscience and religion was seen as one of the most important personal spiritual freedoms. Freedom of conscience as a natural right exists independently of any regulation. However, in order to enshrine it in principle, to arrange it and to ensure its respect, the intervention of the state is mandatory. By conferring the normative aspect on freedom of conscience, the state transforms it from natural freedom to public freedom. Thus, the integration of freedom of conscience in the positive legal system leads to its evolution from natural freedom to public freedom. Freedom of conscience as public freedom represents a universal and abstract legal freedom, a power of self-determination of the individual, based on the existence of a field of freedom-autonomy, which is intangible both for public power and for individuals. The exercise of this freedom has as its only limit the non-infringement of the liberties of others.
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Taha, Suhaib Mustafa y Nueman Mohammed Almas. "Freedom of Faith between the Quran and Islamic Jurisprudence". Journal of University of Human Development 3, n.º 3 (31 de agosto de 2017): 536. http://dx.doi.org/10.21928/juhd.v3n3y2017.pp536-561.
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This research focuses on freedom of faith between the holy Quran and Islamic jurisprudence. It explores the concept of freedom in general and the freedom of faith in particular to find out to what extent the holy Quran pays attention to these freedoms. The research then tries to find out to what extent these freedoms are reflected in the Islamic jurisprudence, focusing on certain jurisprudences that seem to contradict the holy Quran, such as Islamic jurisprudence regarding infidels and polytheists, apostates and dualist-infidels. The research concludes that there is a difference between the extent of freedom in the holy Quran and in the Islamic jurisprudence, since these freedoms have a wider extent in the holy Quran as compared to the Islamic jurisprudence. It is also concluded that the Islamic jurisprudences, which seem to us to be extreme, in fact originate from a time and place that are completely different from our time and place.
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MOKLIAK, V. "INTERNATIONAL LEGAL REGULATION OF ACADEMIC FREEDOMS AS AN ESSENTIAL CHARACTERISTIC OF THE AUTONOMY OF A HIGHER EDUCATIONAL ESTABLISHMENT". ТHE SOURCES OF PEDAGOGICAL SKILLS, n.º 20 (22 de noviembre de 2017): 172–78. http://dx.doi.org/10.33989/2075-146x.2017.20.209804.
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Academic freedom is a part of international educational law. It is interpreted as the principle on which the activities of leading world universities are built. Academic freedom dates back to the time of the emergence of universities and is closely linked to their autonomy and corporate rights. The University operates in the free influence environment. Its activities are designed to encourage researchers to have their critical and optimistic view of the monolith and unity of knowledge, so that they are aware of the values of human experience from the position of the university, and eventually could participate in people education and upbringing, in the preservation and strengthening of culture, which includes the university too. That is why research on international legal regulation of academic freedoms is relevant.Academic freedom is the provision of certain rights to education workers (faculty members, academics and students of higher education institutions). Means the opportunity for the teacher to teach the subject freely at his own discreption, choose topics and methods for scientific research, and for the student – to receive knowledge according to their inclinations and needs. The provided academic freedom implies the academic responsibility of the educational institution for creating the optimal conditions for the free search of truth.The main study directions of the problem of academic freedoms: philosophical, pedagogical, legal.After analyzing the main international documents in the field of higher education (the Lima Declaration “On Academic Freedom and Autonomy of Higher Educational Institutions”, the Great Charter of European Universities (Magna Charta Universitatum), Recommendation on the status of teaching staff of higher education institutions, the Charter of Fundamental Rights of the European Union, the Declaration of Academic Freedom (human rights in scientific activities), The “Ethical Code” of the members of the Fulbright Society of Ukraine, the World Declaration on Higher Education for the XXI Century: Approaches and Practical Measures, the Declaration on Science and the Use of Scientific Knowledge, the Convention on the Formation of the Future, the Lisbon Declaration, the Charter of the Universities of Ukraine “Academic Freedoms, Autonomy and education”) it was found that autonomy and academic freedom occupy a prominent place in international documents. These concepts are even the title components of many of them. Summarizing the main provisions of these documents, we see that academic freedom is closely linked to the autonomy of a higher educational establishment. Scientific achievements should be used only for the benefit of humanity, and modern information and communication technologies should contribute to the free dissemination of scientific research results. Academic freedoms in higher education are one of the fundamental human rights regulated by important international law documents that ensure its development, transfer of cultural experience to other generations. The main components of academic freedom are freedom of teaching, learning and research (sometimes we encounter freedom of creativity, knowledge dissemination). Academic freedoms are one of the leading principles of effective activity of higher educational establishment. The necessary condition for academic freedoms is the autonomy of a higher educational establishment.
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Przedańska, Justyna. "The faces of freedom in the concepts of a liberal and non-liberal state". Studia nad Autorytaryzmem i Totalitaryzmem 43, n.º 1 (17 de noviembre de 2021): 155–72. http://dx.doi.org/10.19195/2300-7249.43.1.10.
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The last decade has exposed the recession of freedom throughout the world. It arises from the latest Freedom in the World 2020 report that civil liberties and political rights have deteriorated in 64 countries, while only 37 have seen a slight improvement in these areas. The principles of liberal democracy (the rule of law, free elections, minority rights and freedom of expression) in Europe, historically the best-performing region in terms of freedom in the world, have come under serious pressure in recent years.
In the article, starting from an analysis of the categories of freedom presented in many aspects, followed by a discussion of the assumptions and concepts of liberalism, as well as the political project referred to as non-liberal democracy, which has grown out of their criticism, the author identifies the problem of instrumentalization and relativization of freedom, which leads to the restriction of freedom of speech, freedom of minorities, religious freedom and sexual freedom, replacing the individual freedoms of the citizens with the so-called collective freedom.
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Freiman, Christopher y Javier Hidalgo. "Liberalism or Immigration Restrictions, but Not Both". Journal of Ethics and Social Philosophy 10, n.º 2 (7 de junio de 2017): 1–23. http://dx.doi.org/10.26556/jesp.v10i2.99.
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This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a prima facie right to restrict immigration, then it also grounds a prima facie right to restrict freedom of speech, religion, sexual choice and more. We then suggest that the social costs associated with freedom of immigration are also costs associated with occupational choice, speech and reproduction. Thus, a state’s interest in reducing these costs gives it prima facie justification to restrict not only immigration but also other core liberal freedoms. Moreover, we rebut the objection that, even if the standard arguments for a prima facie right to restrict immigration also support a prima facie right to restrict liberal freedoms generally, there are differences that render immigration restrictions – but not restrictions on speech, religion, etc. – justified all things considered. In closing, we suggest that the theoretical price of supporting immigration restrictions – viz., compromising a commitment to liberal principles – is too steep to pay.
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Johnson, Paul Christopher. "Law, Religion, and “Public Health” in the Republic of Brazil". Law & Social Inquiry 26, n.º 01 (2001): 9–33. http://dx.doi.org/10.1111/j.1747-4469.2001.tb00169.x.
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The essay evaluates the general problem that, while most modern republican constitutions follow the U.S. and French models in declaring religious freedom, absolute religious freedom is impossible and undesirable. How are religious freedoms constrained, and how much should they be? The essay evaluates the strategies by which limitations on freedoms of religion are constructed and imposed, especially the powerful isomorphism of law and science described by Boaventura de Sousa Santos. Taking the example of Afro-Brazilian religions in relation to the Brazilian state since 1890, post-emancipation, the essay argues that pseudo-scientific discourses of “public health” constrained the religious practice of former slaves, thus allowing the trompel'oeil of religious freedom to continue in the new republic, even as freedoms were in fact constrained by the state.
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Muders, Sebastian y Philipp Schwind. "Freedom and friendship in Axel Honneth’s freedom’s right". Filozofija i drustvo 28, n.º 3 (2017): 454–74. http://dx.doi.org/10.2298/fid1703454m.
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In Axel Honneth?s Freedom?s Right (FR) personal relations, among which Honneth includes not only family and partner relationships but friendship as well, enable the realization of one ?specific form of freedom, which is difficult to specify? (FR 233). This assertion constitutes one of the main thesis of Freedom?s Right. Accordingly, ?freedom in the sense of individual autonomy? should, among countless different ?conceptions of freedom? be understood as the only one that has the power to shape modern society, while all other values effective within modernity should be understood as ?aspects of the constitutive idea of individual autonomy? (FR 35). In this paper we argue that Honneth?s discussion of the value of friendship does not accomplish its aim for three reasons: first, Honneth is compelled by his argument to postulate one radical cleavage internal to the concept of friendship, by way of an exaggerated contrast between ancient and modern forms of friendship. Second, in his discussion Honneth marginalizes other existing axiologies of friendship, which attribute some other important instrumental, constitutive and final values to this term. Third, even a weaker thesis, one that treats the value of friendship as the precondition of individual freedom as a primus inter pares, seems to lose sight of the central importance that friendship has for us.? Honneth?s key thesis about the unique value of friendship in our society is thereby challenged.
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Victoria, Ong Argo y Saleh Raed Shatat. "The Utilization Implementation of High Sea According to Sea Convention". Jurnal Daulat Hukum 4, n.º 3 (3 de octubre de 2021): 222. http://dx.doi.org/10.30659/jdh.v4i3.17555.
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The purpose of this research is to find out how the implementation of the use of forms of freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982) and how the exceptions to freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982). The research method used in this research is using normative legal research methods and it can be concluded that the regulation regarding the high seas is contained in Part VII Article 86 to Article 120 of the 1982 Sea Law Convention to take advantage of the high seas. State freedoms on the high seas are freedoms in accordance with article 87, namely freedom of navigation, flight, laying submarine cables and pipelines, freedom to build artificial islands and other installations, freedom to fish, and freedom to conduct scientific research. Every given freedom can be used by every country but every country is obliged to maintain and utilize the high seas for peaceful purposes for the survival of human life. In addition to providing freedom to use the high seas, the 1982 Law of the Sea Convention provides exceptions to this freedom. Where every country is free to use the high seas but is not allowed to take illegal actions or violate the law, both national law and international law, which in its application are often violated by countries in the world. There are several exceptions to the freedom of the high seas such as the prohibition of slavery, piracy, trafficking in narcotic drugs and psychotropic substances, instant pursuit, illicit broadcasting, and pollution of the marine environment. So every country, both coastal and non-coastal countries, is required to cooperate in eradicating all forms of abuse of freedom on the high seas.
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PANKRATOVA, Viktoriia. "The principle of freedom of speech during the effect of martial state in Ukraine: certain legal aspects". Economics. Finances. Law 3/2024, n.º - (29 de marzo de 2024): 115–18. http://dx.doi.org/10.37634/efp.2024.3.24.
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Introduction. The paper focuses on a topical topic - the effect of the principle of freedom of speech in martial law conditions in Ukraine. It is noted that in the context of modern global realities, where the preservation of national security becomes the highest priority for the state, the issue of limiting freedom of speech in the conditions of martial law. In this context, the question arises of ensuring the rights and freedoms of citizens, in particular, freedom of speech, which is traditionally one of the fundamental values of a democratic society. The purpose of the paper is to investigate the legal aspects of the principle of freedom of speech during martial law in Ukraine. Results. The author emphasizes that the influence of martial law on freedom of speech in Ukraine is enormous because the ongoing war in Ukraine has a significant impact on freedom of speech. In this regard, during the martial law in Ukraine, freedom of speech is limited. In particular, some mass media were forced to suspend their work because their activities could be considered a violation of martial law. The paper analyzes leading scientists' approaches to limiting freedom of speech during martial law. They consider the conflict between ensuring national security and preserving citizens' fundamental rights and freedoms. The author summarizes that the scientific approach to restrictions on freedom of speech under martial law includes: an analysis of constitutional principles; the relationship with international law; the role of the Constitutional Court is to ensure legality and protect the rights of citizens. Conclusion. The work summarizes that the scientific analysis of freedom of speech during wartime not only contributes to deepening the understanding of the problems of this sphere but also indicates the need to develop effective mechanisms for its protection in crises. It is summarized that restrictions on freedom of speech are possible during wartime.
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De Jasay, Anthony. "Freedom from a Mainly Logical Perspective". Philosophy 80, n.º 4 (octubre de 2005): 565–84. http://dx.doi.org/10.1017/s0031819105000471.
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The paper criticises a number of accounts of freedom, including those which analyse freedom in terms of affording individuals ever widening opportunities, those which mistake liberties for rights and those which identify freedoms with duties imposed on others. All these inflated notions of freedom are liable to produce a shrinkage of of freedom in its basic sense of referring to areas of life in which there are rules preventing others from interfering with individuals or groups in doing things which are feasible for them.
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Ternovaya, L. O. y T. A. Mironova. "Freedom of speech in universities: between competence and geopolitics". Обозреватель–Observer, n.º 1 (22 de febrero de 2024): 77–86. http://dx.doi.org/10.48137/2074-2975_2024_1_77.
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Academic freedoms, including freedom of speech, were one of the fundamental pillars of the university system. They allowed the European medieval society to consolidate and form nation-states. But in their competition, freedom of speech was seen by the authorities as an obstacle to achieving world leadership. With the end of the Cold War, the perception of freedom of speech changed, on the one hand enhancing the freedom of movement of students, but on the other hand limiting it to a utilitarian approach to learning.
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Papadopoulos, Thomas. "The Magnitude of EU Fundamental Freedoms: Application of the Freedom of Establishment to the Cross-Border Mergers Directive". European Business Law Review 23, Issue 4 (1 de julio de 2012): 517–46. http://dx.doi.org/10.54648/eulr2012029.
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This article will examine the 10th Company Law Directive on Cross-Border Mergers in the light of the EU fundamental freedom of establishment. The provisions of the Cross-Border Mergers Directive must comply with the fundamental freedom of establishment. This article argues that the contribution of some provisions of this Directive to freedom of establishment is questioned. It is argued that some provisions of this Directive do not fully comply with freedom of establishment and that the choices of the European legislature are definitely open to criticism. The EU fundamental freedoms could impose certain safeguards which derive directly from the Treaty on the Functioning of the European Union. The European Court of Justice (ECJ) had interpreted the freedom of establishment with regard to crossborder mergers. According to the ECJ's case law (SEVIC), cross-border mergers constitute an exercise of the freedom of establishment. This article scrutinizes the main provisions of the Cross-Border Mergers Directive and analyses their relationship with the fundamental freedom of establishment, as interpreted by the ECJ. The relationship between SEVIC and the Cross-Border Mergers Directive will also be discussed and some conclusions would be drawn. The EU Mergers and Acquisitions market is a fragment of the internal market and as such all the corporate financial mechanisms of this market must comply with the EU fundamental freedoms.