Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.

I am going to approach the topic of freedom of association by attempting to illustrate what its denial would look like in each of several domains. I shall then ask why a government might seek to deny it and then, in the article's final section, on what grounds such a denial would violate the rights with respect to freedom of association of those affected.

Philosophy can serve two roles in relation to moral thinking: first, to provide a meta-ethical commentary on the nature of moral thought, as the methodology or the philosophy of science provides a commentary on the nature of scientific thought; and second, to build on the common presumptions deployed in people's moral thinking about moral issues, looking for a substantive moral theory that they might support. The present essay addresses the nature of this second role; illustrates it with substantive theories that equate moral obligations respectively with requirements of nature, self-interest, benevolence, reason and justifiability; and outlines a novel competitor in which the focus is shifted to requirements of co-reasoning and respect.

Though most legal and labor historians have depicted an American labor movement that suffered from legal disabilities, American law has never denied organized labor's freedom of association. Quite the contrary, unions have always enjoyed at least some favoritism in the law, and this status provided the essential element to their success and power. But, even during the heyday of union power (1930–47), organized labor never succeeded in gaining all of the privileges that it sought, not enough to stem its current (private-sector) decline back to historically normal levels. This article provides a synoptic overview and reinterpretation of the development of American labor law.

The Neo-Aristotelian ethical naturalism of Philippa Foot and Rosalind Hursthouse purports to establish a naturalistic criterion for the virtues. Specifically, by developing a parallel between the natural ends of nonhuman animals and the natural ends of human beings, they argue that character traits are justified as virtues by the extent to which they promote and do not inhibit natural ends such as self-preservation, reproduction, and the well-being of one’s social group. I argue that the approach of Foot and Hursthouse cannot provide a basis for moral universalism, the widely-accepted idea that each human being has moral worth and thus deserves significant moral consideration. Foot and Hursthouse both depict a virtuous agent as implicitly acting in accord with moral universalism. However, with respect to charity, a virtue they both emphasize, their naturalistic criterion (especially in the more elaborate form developed by Hursthouse) at best provides a warrant for a restricted form of charity that extends only to a limited number of persons. There is nothing in the natural ends of human beings, as Foot and Hursthouse understand these, that gives us a reason for having any concern for the well-being of human beings as such.

In this essay, I consider whether the alleged demise of metaphysical realism does actually provide a better way for defending the cognitive status of ethical judgments. I argue that the rejection of a realist ontology and epistemology does not help to establish the claim that ethical knowledge is possible. More specifically, I argue that Hilary Putnam's argument does not succeed in making a case for ethical knowledge. In fact, his account of the procedures by which our valuations are warranted—the criteria of idealized inquiry—ultimately begs the question in a number of crucial ways. Moreover, it prejudices the moral and political discussion in certain ideological respects. Finally, though Putnam has apparently modified to some extent his approach to the issue of realism in recent years, I will point out that these modifications are not fundamental and do not help to advance the case for ethical knowledge. I note also that Martha C. Nussbaum's appeal to Putnam’s argument actually works against her attempt to make a case for an Aristotelian conception of human flourishing. Ultimately, I conclude that metaphysical realism is vital for ethical knowledge.

In recent years, the constitutional freedom of association has assumed a relatively low profile. Today, the most extended discussions of the right consider it as a second-order countervailing claim in civil rights cases involving questions of identity and the right to exclude. This article provides a brief overview of the right at a time when it was one of the most widely discussed, first-order constitutional rights, and when those discussions centered not on the right to exclude but on the question of “guilt by association.” The article provides a sampling of the way that right was considered in the immediate post-World War Two years in the writings of some of the era's most prominent civil libertarian thinkers – Leo Pfeffer, Milton Konvitz, Robert Cushman, Henry Steele Commager, Zechariah Chafee, Jr., and Sidney Hook. These writings demonstrate that doctrinal development concerning the right was driven by its implication in two of the major political issues of the day: domestic security at the height of the Cold War and civil rights. The article concludes by arguing that, in the aftermath of the September 11 attacks and the ongoing fight against terrorism, free association questions are likely to assume renewed prominence. It argues further that, in a contemporary context, those thinking about the most pressing freedom of association questions would profit by looking less to the more recent discussions of the right as a matter of the right to exclude, and more to the highly-relevant discussions of “guilt by association” by the currently less well known mid-century civil libertarians.

Are we able to make objective moral judgments? This perennial philosophical topic needs often to be revisited because it is central to human life. Judging how people conduct themselves, the institutions they devise, whether, in short, they are doing what's right or what's wrong, is ubiquitous. In this essay I defend the objectivity of ethical judgments by deploying a neo-Aristotelian naturalism by which to keep the “is-ought” gap at bay and place morality on an objective footing. I do this with the aid of the ideas of Ayn Rand as well as, but only by implication and association, those of Martha Nussbaum and Philippa Foot.

The idea of a constitutional freedom of association was embraced by the U.S. Supreme Court in the mid-twentieth century as implicit in the First Amendment. Although initially endorsed by the Court as a fundamental freedom that was necessarily entwined with the freedom of speech when confronted with cases in the 1930s and 1940s of local government officials cracking down on speakers and assemblies discussing strikes and labor unions, the justices were far more divided and skeptical of freedom of association claims in cases from the mid-1940s through the early 1960s when state and national government officials were pursuing a variety of anticommunist measures. This article examines the early jurisprudential development of the constitutional freedom of association and its grounding in the First Amendment, and suggests some of the limits that the notion always carried with it. Politics and jurisprudence combined to limit its applicability in the anticommunism cases.

In this article, Professors Wolff and Koppelman offer a critical analysis of the free speech claims that were asserted by the law schools and law faculty that sought to challenge the Solomon Amendment. Solomon is a federal statute that requires law schools to grant full and equal access to military recruiters during the student interview season. The military discriminates against gay men and lesbians under its “Don’t Ask, Don’t Tell” policy, and the law professors claimed a right to exclude the military under the First Amendment doctrine of “expressive association,” arguing that the presence of discriminatory recruiters would interfere with the ability of faculty to express their own message of inclusion toward their gay students. Those claims were ultimately rejected by the Supreme Court in Rumsfeld v. FAIR. Wolff and Koppelman argue that the law professors' litigation efforts, though well intentioned, were deeply misguided, seeking to extend a recent and aberrational decision in the law of expressive association to unsustainable lengths and, in the process, offering a characterization of the manner in which faculty engage in their own expression that is inconsistent with the ideals that should govern institutions of higher learning.

This essay contends that the debate between subjectivism and objectivism in ethics is better understood as a dispute among three alternatives: subjectivism, objectivism, and intrinsicism. Ayn Rand has identified intrinsicism – the belief that certain things are good “in, by, and of” themselves – as the doctrine that is actually operative in many defenses of moral objectivity. What intrinsicism fails to appreciate, however, is the significant role of the subject, the person to whom and for whom anything can be valuable.

Objective value, in Rand's view, is relational. Its existence depends on contributions of both external reality and human consciousness. Values are not reducible to psychological states, as in subjectivism, but nor are they independent of them, as in intrinsicism. Objectivity in ethics is attained neither through revelation of the intrinsic property of goodness nor through the subject's creation of goodness, but through a rational procedure of evaluation that is governed by the method of objectivity.

This essay is in three parts, explaining Rand's view of exactly what intrinsicism is; elaborating on her view of the nature of moral objectivity; and highlighting certain features that make plain the differences between an intrinsicist and an objectivist account of value.

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship (employer, not employee; landlord, not tenant) is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities (as in cases involving the NAACP or the Boy Scouts), but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws.

Those familiar with Ayn Rand's ethical writings may know that she discusses issues in metaethics, and that she defended the objectivity of morality during the heyday of early non-cognitivism. But neither her metaethics, in general, nor her views on moral objectivity, in particular, have received wide study. This article elucidates some aspects of her thought in these areas, focusing on Rand's conception of the way in which moral values serve a biologically based human need, and on her account of moral values as both essentially practical and epistemically objective in a sense fundamentally continuous with the objectivity of science. The bearing of her epistemological writings on her ethical thought is emphasized throughout, and her epistemology is defended against a line of criticism inspired by John McDowell's criticism of the so-called “myth of the given.”

This paper seeks to examine two conflicting strands in the United States Supreme Court's treatment of “freedom of association,” by exploring some aspects of the historical development of the doctrine. It suggests that there are two conceptions of “freedom of association,” an older, traditional one, that eschews forcing odious contact on members of associations, and a newer one which privileges antidiscrimination doctrines over “freedom from association.” These two conceptions still exist on the Court, resulting in irreconcilable decisions such as those permitting the Boy Scouts to exclude gay scoutmasters, but forcing the Jaycees to accept women. The preference of one conception over the other is also evident in the work of different scholars, whose doctrinal approaches are similarly irreconcilable. The Supreme Court has explained the discontinuities in the doctrine by seeking to characterize it in terms of the First Amendment's “freedom of speech” clause, but the paper argues that it makes more sense, in the context of these two cases, to regard them as related to the First Amendment's “freedom of religion” clauses.

Constructivism about practical judgments, as I understand it, is the notion that our true normative judgments represent a normative reality, while denying that that reality is independent of our exer-cise of moral and practical judgment. The Kantian strain of practical constructivism (through Kant himself, John Rawls, Christine Korsgaard, and others) has been so influential that it is tempting to identify the constructivist approach in practical domains with the Kantian development of the out-look. In this essay I explore a somewhat different variety of practical constructivism, which I call Aristotelian Constructivism. My aim is to establish conceptual space for this form of constructivism by indicating both in what ways it agrees with its Kantian counterparts and in what ways it differs. I argue that Aristotelian Constructivism is on one sense more faithful to the constructivist enterprise than the Kantian varieties, in that its understanding of both the establishment of practical truth and the vindication of the theory itself is constructivist.

Individuals care deeply about with whom they associate and on what terms. A liberty to avoid entanglement in the disfavored designs of others is counterposed by an entitlement not to be excluded from valued modes of activity. These interests generate not one but two freedoms of association, the former negative and the latter positive. Often they conflict. This essay begins by setting out several respects in which negative free association is crucial to a liberal order and then examines several pleas for positive association, at least one of which is judged to be compelling. Because the two freedoms of association are in conspicuous tension, the essay concludes with strategies for reconciling their competing claims.

This essay first distinguishes different questions regarding moral objectivity and relativism and then sketches a broadly Kantian position on two of these questions. First, how, if at all, can we derive, justify, or support specific moral principles and judgments from more basic moral standards and values? Second, how, if at all, can the basic standards such as my broadly Kantian perspective, be defended? Regarding the first question, the broadly Kantian position is that from ideas in Kant's later formulations of the Categorical Imperative, especially human dignity and rational autonomous law-making, we can develop an appropriate moral perspective for identifying and supporting more specific principles. Both the deliberative perspective and the derivative principles can be viewed as “constructed,” but in different senses. In response to the second question, the essay examines two of Kant's strategies for defending his basic perspective and the important background of his arguments against previous moral theories.

This essay explains the inescapability of moral demands. I deny that the individual has genuine reason to comply with these demands only if she has desires that would be served by doing so. Rather, the learning of moral reasons helps to shape and channel self- and other-interested motivations so as to facilitate and promote social cooperation. This shaping happens through the “embedding” of reasons in the intentional objects of motivational propensities. The dominance of the instrumental conception of reason, according to which reasons must be based in desires of the individual, has made it harder to recognize that reasons shape desires. I attempt to undermine this dominance by arguing that the concept of a self that extends over time is constructed to meet the demands of social cooperation. Prudential reasons to act on behalf of the persisting self's desires are often taken to constitute the paradigm of reasons based on desires of the individual. But such reasons, along with the very concept of the persisting self, are constructed to promote human cooperation and to shape the individual's desires.

This essay interprets John Locke's teachings about private societies, or free private associations. The essay proceeds by interpreting Locke's mature writings on ethics, politics, and philosophy, and then by illustrating Locke's teachings as they apply to two contemporary problems in associational freedom. Although Locke wrote about private societies primarily in the course of arguing for religious toleration, throughout his mature corpus he develops an internally consistent general theory of associational freedom. At first glance, Locke seems to suggest that all citizens are entitled to associate for any end of their choosing, to control admission into and expulsion from their membership, and to enforce their own internal rules of governance. However, Locke qualifies this broad right to bar societies from organizing around ends inconsistent with the minimal moral and political conditions of liberalism. Ultimately, Locke suggests, citizens deserve a broad right of private society only to the extent that they are well enough formed by their regime and its private institutions to be capable of governing themselves in both private and public life.

In contrast with contemporary practice, Locke's justification is broader in some respects and narrower in others. The essay illustrates the implications by considering how Locke's teachings justify limiting the scope of anti-discrimination laws and enlarging the scope of government efforts to dissolve seditious associations.

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.

Moral phenomenology is concerned with the elements of one's moral experiences that are generally available to introspection. Some philosophers argue that one's moral experiences, such as experiencing oneself as being morally obligated to perform some action on some occasion, contain elements that (1) are available to introspection and (2) carry ontological objectivist purport—that is, they purport to be about objective, in the world, moral properties or relations. In our article, we examine one version of this sort of argument that we call the “argument from phenomenological introspection.” Our investigation involves, first, clarifications of the various issues that are prominent in the argument from phenomenological introspection. We then proceed to argue that the argument from phenomenological introspection fails; that although one's moral experiences may carry ontological objectivist purport, whether they do or do not carry such purport is not something available to introspection. We call this claim of ours the “neutrality thesis”—the phenomenological data regarding one's moral experiences that is available to introspection is neutral with respect to the issue of whether such experiences carry ontological objectivist purport.