The Right to Associational Freedom and the Scope of Relationship-Dependent Duties

Betzler, Monika (2022): The Right to Associational Freedom and the Scope of Relationship-Dependent Duties. In: Criminal Law and Philosophy, Bd. 17, Nr. 2: S. 475-489

Abstract

Humans have a fundamental need to belong. This, need, as Kimberley Brownlee argues in her book Being Sure of Each Other grounds the human right against social deprivation. But in addition to having a human right against social deprivation, we also have a right to associational freedom, which is grounded in our right to autonomy. We cannot be forced into relationships;we are free to choose our friends and loved ones.? In this paper I discuss what our right to associational freedom morally permits us to do when are already in an intimate relationship and, relatedly, what our relationship-dependent duties require of us in such cases. What exactly are the constraints on our right to associational freedom? And what is the content and scope of our relationship-dependent duties, given that our right to associational freedom conflicts with the fulfillment of these duties?? After providing some clarifications as to how we should understand intimate relationships that have ended, I will first highlight what relationship-dependent duties are and how they correlate with a right to associational control. I will then discuss several break-up scenarios, the aim of which is to determine the conditions that justify constraints being imposed on the right to associational freedom and to delineate the scope of relationship-dependent duties.

• Dokumententyp: Zeitschriftenartikel
• Fakultät: Philosophie, Wissenschaftstheorie und Religionswissenschaft
• Themengebiete: 100 Philosophie und Psychologie > 100 Philosophie
• ISSN: 1871-9791
• Sprache: Englisch
• DFG: Gefördert durch die Deutsche Forschungsgemeinschaft (DFG) - 491502892