Transcript Lecture 4/14: Liberty

4.14.09
Public Policy 240
Jeff Summerlin-Long
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Why are we talking about liberty again?
Because this time we are trying to focus on
some specific ethical complications that arise
from government intervention in liberty.
And because it’s important.
Mill: the purpose of government is to
maximize the attainment of individual liberty.
Why? Because it stimulate creativity, which in
turn stimulates progress. (G&T, p. 2)
“The only part of the
conduct of anyone, for which
he is amenable to society, is
that which concerns others.
In the part which merely
concerns himself,
his independence
is, of right, absolute.
Over himself, over his own
body and mind, the
individual is sovereign.”
John Stuart Mill
1806-1873
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The ability to do as one desires . . . .
Individual– generally excludes anyone
incapable of making a “rational” decision.
Examples: kids, insane, barbarians
Remember we’re talking about when it’s ok
for the government to infringe on an
individual’s liberty.
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Negative concept of liberty:
absence of restraint
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Positive concept of liberty:
availability of meaningful
choice and capacity
to exercise it
Sir Isaiah Berlin
1909 – 1997
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Nozick and Libertarianism
Friedman – economic (free market) liberty
Rawls: 2nd Principle – “Each person to have
equal right to the most extensive basic
liberties compatible with similar liberties for
others”. Says we must take liberties as a
total system, not individually. Liberties may
be balanced.
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Harm to Others: but what types of harm
count? Does the harm inflicted have to be
intentional? Mill: “must be calculated to
produce evil to some one else.” p. 186.
Compulsion to act to benefit others (taxes,
jury duty, military service). A person is equally
responsible for action and inaction, though
inaction is the “exception to the rule”
whereas action is the rule.
Psychological Harms
 Ethical Harms: when do social ethics trump
individual ethics? Should they ever?
 Two Major Categories:
1) Paternalism
2) Moralism
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Definition: “legislate on the basis of individual
welfare in the absence of individual consent.”
G& T, p. 1. Akin to Parental Authority to make
kids do what is in their long-term interest.
Major Question: When is it ethical for the
government to compel action or inaction for
the “good” of the actor?
 Institutions:
1) Elitism and Democracy– small group of people
making decisions for everyone else versus a
large group of people making a decision for
everyone else.
2) Supreme Court– body of selected people who
may overturn an elected, representative body.
• Policies:
1) Seat Belt and Helmet Laws
2) Food Stamps and other In-Kind benefits
This is a different question.
 Mill’s exceptions to the rule:
1) Person is impaired in some way;
2) Intervention is minimal; and
3) A person would normally want the
intervention.
• Bridge Example
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HARM TO SELF?
HARM TO OTHERS?
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Definition: “legislate on the basis of social
morality in the absence of individual harm.”
G&T, p. 1.
“Moralists” argue that the immorality of an
action trumps any infringement on liberty
No question that this happens. The question
is: Should it happen?
Institutions: really, moral ideas permeate
every governmental institution because they
are staffed by people.
 Policies:
1) Liquor Sales Before Noon on Sundays;
2) Anti-Sodomy Statutes;
3) Regulation of Public Nudity. Since we do
regulate it, and most people accept it, G&T
say it “strains” Mill’s argument. Is this true?
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GOOD QUESTION
OH, I SEE NOW.
“IMMORAL SELF-EXPRESSION”
MORAL SELF-EXPRESSION?
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Liberty and Competition: What do we do in a
zero-sum situation?
Liberty and Education: What do we do if
education doesn’t “work”?
Liberty and Power (Governance): Whose
liberty do we care about the most? B. 98.
Risk of interfering wrongly may outweigh
risk of allowing behavior to continue. P. 202.
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Social Exclusion– the fear of ostracism as way
to prevent behavior;
Education– giving people all the information
and hoping that they make the “right”
decision.
Mockery– always fun.
Gutman and Thompson say the liberty of
“deliberative democracy” allows the use of
paternalism and moralism as bases for policy.
What does this mean?