Category: Law

Welcome (and Farewell) to Freedom

Welcome (and Farewell) to Freedom

Just published Riccardo Baldissone’s tour de force new book considers the meanings of liberty, freedom and related concepts. It ranges from classical texts to the present. From the introduction the author explains some of the transformations associated with the word and why a new vocabulary might be helpful even liberating. Farewell to Freedom is available in open access digital editions and available to order in print. 

“Actually, the notion of freedom is not even a Platonic invention, as the Greek word ἐλευθερία9 [eleutheria] is previously attested in Pindar: Plato improves and systematizes an already active process of production of abstractions. Havelock associates this process with the construction of the first Greek written alphabetical language, which the Socratic-Platonic semantic enquiries culminate. The book argues that before this process there is no literal freedom, but just free things, and then, free humans. When the word ἐλεύθερον [eleutheron], free, appears in the Homeric text, it does not grammatically refer to human subjects, but it metaphorically hints to their state: for example, we now translate the Homeric expression ἐλεύθερον ἧμαρ [eleutheron hēmar], literally free day, as the day of liberty, that is, the condition of freedom. Only in the fifth century BCE, does the appearance of the word eleutheria in two Pindaric odes herald a series of neologisms, such as, for example, Thucydides’ αὐτονομία [autonomia], which we now render in English as ‘autonomy.’ These terms become part of a wide constellation of locutions that construct a plurality of freedoms: a similar constellation also revolves around the Latin words liber, free, and libertas, liberty. Later on, Christian authors such as Augustine identify a proper freedom and relocate it in the afterlife, whilst associating its mundane limited exercise with will. As compared with the GraecoRoman and Germanic variously grounded notions of liberty and freedom, the Christian emphasis on individual salvation takes further the Stoic and Neoplatonist retreat towards interiority, and it produces a radical decontextualization of personal choice. After the turn of the first Christian millennium, medieval theological debates focus on freedom both as a divine faculty and as a secular practice. The latter aspect is also developed by lay legal scholars and political thinkers, following the recovery of Roman law codes and Greek philosophical texts. Paradoxically, Luther and Calvin’s stress on predestination allows then the redirection towards worldly tasks of individual agency, and its unlimited expansion. As early modern constructions of freedom emerge from a clash of religious fundamentalisms, despite their claim of absolute novelty they often recast medieval theological notions. However, seventeenth-century English parliamentary debates also revive the Roman phraseology of slavery, in order to articulate the concept of freedom as absence of dependence. This concept is formulated by Hobbes on the model of the new physics. In the eighteenth century, Rousseau follows Hobbes in reshaping medieval mystical bodies in the form of the general will. Moreover, he redefines freedom as the obedience to a self-prescribed rule. Similarly, Kant claims absolute autonomy through a voluntary subsumption of the individual under the universal.

German idealist thinkers’ inflation of the concept of freedom reveals it as a mere hyperbole, which can be realised either as absolute compulsion or in the absence of others. Hegel endeavours instead to capture freedom within a framework of evolving historical necessity. The reaction to the Hegelian dynamic totalization opens the way to a variety of theoretical challenges to the very notions of subject and will, which are the foundations of the medieval and modern constructions of freedom. From Stirner on, a veritable fault-line opens up in Western thought between the pursuit of a conceptual definition of liberty and the attempt to rethink freedom as the human production of novelty. Whilst Marx anchors this production to material processes, Nietzsche takes further Stirner’s questioning of ideas by challenging the unity of the Western subject. Nietzsche’s effort to reconstruct conceptual entities as processes allows us to revise the discourses of freedom in terms of human practices. In particular, a radical shift of the very locus of freedom and autonomy results from a double change of theoretical focus: Simondon rethinks individuals as processes of individuation, and Foucault constructs subjects as processes of subjectivation. These processual approaches undermine the raison d’être of the notions of freedom and autonomy: regulative properties such as freedom and autonomy only apply to an enclosed and selfconsistent entity – the individual, or the collective – as distinct from others, and they cannot fit subjectivation processes that are based on the constitutive participation with others. Hence, a new theoretical lexicon is needed to strike a dia-nomous middle path between autonomous and heteronomous alternatives: such a relational third way requires likewise relational notions. Of course, it may seem impossible to transcend the horizon of freedom: the very plurality of the discourses of liberty may rather appear to justify the hope in some understanding of freedom that transcends its pervasive neoliberal version. Nevertheless, also more articulate discourses of liberty can hardly face our current challenges, both in the public and the private sphere. For example, these discourses also still claim the freedom to exercise an absolute power over oneself – a mastery that in fact is their paradoxical cornerstone. If the discourses of freedom appear exhausted and even counterproductive, couldn’t we treasure instead the neoliberal unwitting demonstration of the performative power of words, and thus realise that other words may help catalyse other (and participative) practices? In this case, we could take advantage of our knowledge of the past to construct a different vocabulary, which may empower us to claim the life that we all deserve”.

(Reproduced without footnotes. The full text of the opening chapter ‘Antiquities before Christianities’ is available from the publisher’s site to view and download). DOI: https://doi.org/10.16997/book15a

UWP reaches 200,000 views and downloads of its publications

UWP reaches 200,000 views and downloads of its publications

On 29 March 2017 we reported that after 18 months UWP had reached six figures in audiences. It’s taken just a little over 11 months to notch up the second 100,000 with the auspicious day being close to the 5th of March and actual figures now in excess of 202,000. Subject to the usual caveats over forecasts we hope to hit the third 100,000 even faster next time as the scope of our publishing continues to grow.

To date UWP has published 9 book titles and distributed 4 others in the fields of media studies, law and history. All published book titles are available to read online, download as ePub and to purchase in print. It has published 2 journals with 56 new articles since inception also making available 392 archive articles from Westminster Papers in Communication and Culture and the Entertainment and Sports Law Journal. The majority of views and downloads are from these 448 journal articles, both of which were open access publications before being published by UWP and have built their audiences courtesy of the internet.

Some useful links are below:

2017-18 UWP catalogue
Critical Digital and Social Media Studies series
Law and the Senses series
All books

Distributed titles:
The History of the University of Westminster Press series (PDF only)

The University of Westminster Press is a micropress one of several new UK university presses that have developed and look like continuing to appear over the next few years in the UK in addition to academic-led publishing and scholarly communications initiatives from University libraries. It is a part of the Ubiquity Press partner network.

New series on ‘Law & the Senses’ from Westminster Law & Theory Lab

New series on ‘Law & the Senses’ from Westminster Law & Theory Lab

The first title in an ambitious new interdisciplinary series from the University of Westminster’s Law and Theory Lab has been published. Called simply SEE it is one of five volumes that will explore the terrain of law and each of the five senses. SEE  is available open access, free to read and download at goo.gl/nDD7TT.  The print version of SEE appears in an elegant black and white livery and in the unusually svelte dimensions (for a book) of 108 x 178mm.The series is described as follows:

The LAW AND THE SENSES series aims to reflect critically on the relationship between law and the senses by gathering contributions from a wide range of critical fields, and intersecting contemporary debates alimented by spatial, material, affective and post-human turns in philosophy, social and legal theory, critical geography, arts and the humanities.

The growing ‘sensory turn’ across different scholarly disciplines has been followed by an increasing  number of publications that engage with the senses.The series contributes to the developing scholarship investigating law and the senses. The established literature deals with the relation between law and the senses from phenomenological positions, or taking the senses as objects of legal regulation. In contrast, this series makes an important contribution by taking a trans-disciplinary approach that is critically underpinned with a main purpose to introduce new perspectives and engage in shaping future debates on the topic.

In that regard, books in the series provide original and diverse research that will appeal to scholarly communities and students from across different disciplines, in particular: law, anthropology, art, philosophy, cultural studies, and social sciences.

EDITORS: Dr Danilo MandicUniversity of Westminster; Dr Caterina NirtaRoehampton University; Dr Andrea PavoniISCTE University Institute of Lisbon; Professor Andreas
Philippopoulos-MihalopoulosUniversity of Westminster