David Underhill – 15 Nov to 19 Nov 04 (Week 13) – Liberty and Rights

Monday: 323-344

Rights and Liberty (Lucas) (323)

• Military life is structured and restrictions are imposed on some liberties that civilians normally enjoy
• Modern ethical thought marked by individual human rights
• Liberty – political guarantees respecting the freedom of individuals
• Basic or natural rights are self-evident and unalienable (Jefferson)’
• What are these rights and negative liberties?
• Negative liberties – non-interference for the state
• Still open to debate
• Whether or not political liberty is self-evident and inalienable
• Should any other human rights should be observed

On Liberty (Mill) (327)

Chapter 1: Introduction

• Power can only be rightly used in order to prevent harm
• “Over himself, … the individual is sovereign”
• Utility is the ultimate appeal of all ethical questions
• Human liberty
• Absolute freedom of opinion
• Freedom to express opinions (almost inseparable from the first)
• Freedom to pursue anything as long as it does not harm others
• Freedom to unite as long as others aren’t harmed or deceived

Chapter 2: Of the Liberty of Thought and Discussion

• Nobody should ever be silenced – not even one dissident in a sea of people who agree
• To learn a subject as well as possible, one must study it from all perspectives
• Freedom of opinion and its expression are required to the mental well-being of man for four reasons:
• 1) An opinion should not be silenced because it may be correct
• 2) Though an opinion may be in error, it is probably partially correct
• 3) Unless the truth is contested, it will not be fully believed
• 4) Without other opinions, the truth may be lost

Chapter 3: Of Individuality as One of the elements of Well-Being

• Actions cannot be as free as opinions
• Acts which unjustifiably harm others should be controlled
• Liberty of individuals must be limited so one does not harm others
• Traditions is evidence of what experience has taught one
• 1) However, one’s experiences may be too narrow or misinterpreted
• 2) Also, one’s interpretation may be correct but unsuitable
• 3) Conforming to custom does not develop one
• Mental and moral powers are improved through use
• Each person’s own “mode” of existence is the best for him

Chapter 4: Of the Limits to the Authority of Society Over the Individual

• Everyone who receives societies protections owes society something in return
• Everyone is bound to observe a certain line of conduct
• 1) May not harm others
• 2) Must bear their share of the labors
• Society must enforce that each person bears their share
• If a person affects other, society has jurisdiction over their actions
• No person entirely isolated
• Should laws govern mature individuals as well and protect them from drinking, drugs, etc?
• Acts harmful to oneself affect society too
• Whenever there is a definite damage or risk of damage, the case may be governed

Chapter 5: Applications

• Trade is a social act – cheapness and quality are best obtained by allowing free trade (buyers must still have choice)
• Liberty to sell dangerous items can be restricted in order to prevent harm
• A public authority should interfere to prevent crimes and accidents
• Acts which are harmful to oneself may be stopped if done in public (affecting others)
• Taxation of stimulants up to where they peak is approved
• A person cannot give up their freedom

Reflections on the Revolution in France (Burke) (339)

• Government and liberty are both good (abstract)
• Flattery corrupts both the receiver and giver
• Do not congratulate too soon
• The Revolution was to preserve our liberties
• A constitution allow us to transfer government and policy to future generations
• There may be situations in which democracy is needed, but not yet by great nations like France
• Aristotle said democracy looks strikingly like tyranny
• People prefer liberty in virtuous poverty to a wealthy servitude
• Liberty without wisdom and virtue is the greatest of all evils
• Do not mirror the British constitution in France

Wednesday: 351-362

Paternalism (Dworkin) (351)

• I: Paternalism – interference with a person’s liberty for their own good
• II: Paternalistic Laws
• Breaking inflicts criminal penalties – laws against dueling, laws which set maximum interest rate for loans, etc
• Law which make it difficult to do something – not allowing one to defend a murder charge by saying it was done with the victim’s consent
• III: The class of the person affected is not always the person whose liberty is restricted
• Ex: Professionals have to be licensed (protects patients)
• Pure Paternalism – those whose freedoms are restricted are also benefited
• Impure Paternalism – a groups freedoms are restricted in order to help another
• IV: Legislation which regulates how many hours a worker can work a week is not paternalistic
• The law is not overriding the worker’s judgment, but giving effect to their judgment because they couldn’t do it alone but only as a group
• V: Mill’s objections to paternalism
• 1) Restraint is evil so those who restrain are burdened with proof
• 2) Since conduct affects oneself, one cannot fall back to the interests of the whole
• 3) One must consider the individual’s own good
• 4) One cannot advance individual interests through compulsion
• 5) Therefore, one cannot use compulsion to push one’s own interests
• VI: Children may be interfered with because they have not fully developed their minds; hard to defer gratification
• Paternalistic laws must clearly show the harm they are preventing by restraining liberties; must show they are proportional

Friday: 345-350

Human Rights (Nickel)

• People have rights which prevent gov from taking certain actions against them
• Parts to an appeal – Rightholders and Addressees; appeal says what the rightholder is entitled to
• Universal human rights have become common in the past 50 years
• Violations still occur – many nations still grant few rights to citizens
• The Declaration of Independence was bold – rebelled against the king and was the first document to assert that all people had certain inalienable rights
• Inalienable – cannot be bargained or taken away
• Types of Rights
• Liberty rights – freedom of …
• Political rights – right to vote, run for office, campaign
• Equality rights – freedom from slavery, right to protection by laws
• Due process rights – speedy and public trials with counsel if needed
• Magna Carta was the first document to say human rights were an important consideration
• United Nations designed to formulate international law
• Universal Declaration of Human Rights – intl. bill of rights (no force of law, but set a standard for later legal docs)
• UN open to all “peace-loving states” who promise to support the UN
• Has helped human rights be recognized in most of the world