Associating on familiar grounds: a habitual perspective on the freedom of association

Martens, Judith H.

Associating on familiar grounds: a habitual perspective on the freedom of association

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Societas WP32_Habitual Perspective_Judith Martens.pdf(440.25 KB)

Published Version

Date

2025-01-01

Authors

Martens, Judith H.

Publisher

School of Law, University College Cork

Abstract

In this chapter, I will introduce the idea of habits, familiarity, and proxy-reasons as important underpinnings of our associational life. I will use my analysis to examine the moot court scenario of Cairde ar son Cairdre Soup Kitchen (presented in the introduction of this book). To gain insight into the framework, I will begin by outlining the results of applying my approach to the moot scenario. In this scenario, Cairde ar son Cairdre is an outdoor soup kitchen initiated by a group of friends. Over time, several shops become involved, and the outreach goes beyond offering a shared meal to those in need. The group views their activities as an expression of community support that transcends formal legal structure. The group of friends wants to maintain an unofficial status and informal character, partly because they aim for an atmosphere that is open and friendly to their guests. The volunteers at Cairde ar son Cairdre, led by Gráinne, formed an association through their shared values and collective actions. To its members, this association is not a legal or formal agreement, but an expression of shared identity and commitment to a social cause. This is even though they clearly commit to a structural way of organising regular activities and have clear role divisions. The Charity Regulators want the soup kitchen to register as a charity and act in accordance with the Charities Act. They ask the soup kitchen to conform to formal registration and financial oversight. The group objects to this formalisation based on their right to freedom of association. How can my conceptual work on habits, familiarity, and proxy-reasons help the legal and ethical discourse surrounding the freedom of expression and association? I will argue that my framework allows us to see how the proxy-reasons (a proxy or interim for reasons) offered by the sense of familiarity gives meaning to the actions of the soup kitchen. Their informal familiarity-based structure is both meaningful and essential.

Keywords

Freedom of association , Habits , Familiarity , ~Law - Societās Working Paper Series~

Citation

Martens, J. H. (2025) 'Associating on familiar grounds: a habitual perspective on the freedom of association', Societās Working Paper 32/2025 (18pp). Cork: School of Law, University College Cork.