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Rationalism, Pluralism, and Freedom$
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Jacob T. Levy

Print publication date: 2014

Print ISBN-13: 9780198717140

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780198717140.001.0001

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Associations are Not States

Associations are Not States

(p.266) 11 Associations are Not States
Rationalism, Pluralism, and Freedom

Jacob T. Levy

Oxford University Press

This chapter discusses arguments for holding associations to the normative standards to which liberals hold states. Complex associations, such as universities, contain internal associational spheres; why should those associations not have the same freedom against the umbrella group that other associations have against the state? The chapter argues that complex associations ought to retain internal authority to shape their subordinate associations, and that the apparent resemblance between universities and the liberal constitutional state is a mistake. The similarity between universities’ internal norms such as academic freedom, and public constitutional rules such as freedom of speech, is misleading; universities are purposive institutions that hold to academic freedom for internal reasons. The chapter concludes with discussion of related concepts from constitutional law: the American state-action doctrine, and the doctrine of horizontal effect used in some other jurisdictions.

Keywords:   state-action doctrine, horizontal effect, complex associations, universities, academic freedom

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