Reaching a New Balance in Freedom of Association
The Goods Approach
Bibliographic Data
| ID | 6355391 |
|---|---|
| Authors | Luise Papcke (Columbia University, corresponding author) |
| Year | 2018 |
| Volume | 50 |
| Issue | 3 |
| Pages | 366-397 |
| Publication date | 2018-07-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Polity (JOURNAL) |
| Journal identifiers | ISSN: 0032-3497 • E-ISSN: 1744-1684 |
| Publisher | University of Chicago Press (PUBLISHER • US) |
| DOI | 10.1086/698366 |
| OpenAlex | W2807481806 |
| Language | EN |
| Citations received | 2 |
| References cited | 19 |
Establishing a better balance in questions of discrimination by associations is an urgent task to realize a well-functioning, truly inclusive pluralist society. While associations continue to claim exceptions from anti-discrimination law, membership in voluntary private associations can provide access to goods that might considerably influence life chances. Restrictive membership policies may thus conflict with anti-discrimination efforts of the liberal democratic state. Upon critical examination, I find that neither the current U.S. Supreme Court approach that protects a group’s explicit message, nor the alternative approach that would shield all predominantly expressive groups, adequately protects the important liberty, equality, and democracy interests at stake. I therefore propose a goods approach that develops a more sophisticated conceptualization of associational goods by devising three parameters to operationalize the harm caused by exclusion: their materiality, availability, and valence. This avoids the stark dichotomy between extensive protection and intrusive regulation of associations by introducing the option of decoupling goods from membership, thereby offering a new logic for balance that allows all citizens a sufficient set of opportunities while not unduly restricting associational freedom of expression
Balance (ability · Conceptualization · Democracy · Epistemology · Harm · Law and economics · Operationalization · Political science · Politics · Sociology · Supreme court · Judicial and Constitutional Studies · Law · Law, Rights, and Freedoms · Political Philosophy and Ethics · Psychology
Children and Social Exclusion
Expressive Exclusion
The badness of discrimination
A Theory of Justice
Becoming Versus Being
Philosophy and Public Affairs
Membership and Morals
Freedom of Association and the Right to Exclude
Cultural Dissent
Freedom and Fulfillment
Schools of democracy? Disentangling the relationship between civic participation and political action in 17 European countries
Bad Civil Society
Civil Society and the Collapse of the Weimar Republic
Bowling Alone
Minority Stress and Mental Health in Gay Men
Secondary Associations and Democratic Governance
| Citations per year | 0.25 |
|---|---|
| Citation span | 2018 - 2019 (2) |
| Highly cited | No |