LiberalismLiberalism

LSJ 362LSJ 362

Prof. Angelina GodoyProf. Angelina Godoy

Autumn 2007Autumn 2007

What is the difference between liberalism as What is the difference between liberalism as a political tradition in the contemporary USA a political tradition in the contemporary USA

and liberalism in political theory?and liberalism in political theory?

Liberal theorists are a diverse bunch Liberal theorists are a diverse bunch but some general characteristics of but some general characteristics of liberal thought can be identifiedliberal thought can be identified

1. State of nature1. State of nature

Thomas Hobbes, John Locke, and others Thomas Hobbes, John Locke, and others talked about talked about natural lawnatural law as stemming as stemming from God-given “human nature”from God-given “human nature”

JeffersonJefferson (US Declaration of (US Declaration of Independence): “We hold these Truths to Independence): “We hold these Truths to be self-evident, that all Men are created be self-evident, that all Men are created equal, that they are endowed by their equal, that they are endowed by their Creator with certain unalienable Rights, Creator with certain unalienable Rights, that among these are Life, Liberty and the that among these are Life, Liberty and the Pursuit of Happiness…” Pursuit of Happiness…”

2. Social Contract2. Social Contract

LockeLocke: : social contract theorysocial contract theory “Man, being, “Man, being, as has been said, by nature all free, equal, and as has been said, by nature all free, equal, and independent, no one can be put out of this independent, no one can be put out of this estate and subjected to the political power of estate and subjected to the political power of another without his own consent. The only way another without his own consent. The only way whereby anyone divests himself of his natural whereby anyone divests himself of his natural liberty and puts on the bonds of civil society is liberty and puts on the bonds of civil society is by agreeing with other men to join and unite by agreeing with other men to join and unite into a community for their comfortable, safe, into a community for their comfortable, safe, and peaceable living one among another….” and peaceable living one among another….” (p. 64)(p. 64)

HobbesHobbes: the state, and its law, provide order, : the state, and its law, provide order, prevent “the war of all against all”prevent “the war of all against all”

2. Social contract2. Social contract JeffersonJefferson: “…That to secure these Rights, : “…That to secure these Rights,

Governments are instituted among Men, deriving Governments are instituted among Men, deriving their just Powers from the Consent of the their just Powers from the Consent of the Governed, that whenever any Form of Governed, that whenever any Form of Government becomes destructive of these Ends, it Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, is the Right of the People to alter or to abolish it, and to institute new Government, laying its and to institute new Government, laying its Foundation on such Principles, and organizing its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.”likely to effect their Safety and Happiness.”

Underlying these ideas is the assumption that the Underlying these ideas is the assumption that the individual is autonomous, self-directed, rational, individual is autonomous, self-directed, rational, and will only support policies that benefit him in and will only support policies that benefit him in the long runthe long run: :

J.S. Mill “Over himself, over his own body and J.S. Mill “Over himself, over his own body and mind, the individual is mind, the individual is sovereignsovereign…” (p. 51) …” (p. 51)

3. Individual Liberties3. Individual Liberties Usually, in classic liberal theory, only Usually, in classic liberal theory, only limited limited

restrictions on individual libertiesrestrictions on individual liberties can be justified can be justified

The primary (and for some the only) purpose of The primary (and for some the only) purpose of government and law is to government and law is to protect individual libertiesprotect individual liberties

J.S. Mill: “The sole end for which mankind are J.S. Mill: “The sole end for which mankind are warranted, individually or collectively, in interfering warranted, individually or collectively, in interfering with the liberty or action of any of their number, is with the liberty or action of any of their number, is self protection. …The only purpose for which power self protection. …The only purpose for which power can be rightfully exercised over any member of a can be rightfully exercised over any member of a civilized community, against his will, is to prevent civilized community, against his will, is to prevent harm to others.” (p. 51)harm to others.” (p. 51)

These ideas should sound familiar These ideas should sound familiar because they form the basis for US because they form the basis for US government. government.

What alternate justifications for What alternate justifications for government or ways of ordering government or ways of ordering society can we imagine?society can we imagine?

John LockeJohn Locke (1632-1704)

England, 17th century – time of great England, 17th century – time of great turbulence, including conflicts between turbulence, including conflicts between Crown and Parliament, Protestants, Crown and Parliament, Protestants, Anglicans, and Catholics, and many Anglicans, and Catholics, and many intellectual debates about how best to intellectual debates about how best to govern societygovern society

Locke was a Locke was a revolutionaryrevolutionary in ideas and in ideas and politicspolitics

Trained in medicine, became personal Trained in medicine, became personal physician to Lord Ashley, and through his physician to Lord Ashley, and through his work with Ashley became involved in work with Ashley became involved in political affairspolitical affairs

John LockeJohn Locke (1632-1704)

The Two Treatises of GovernmentThe Two Treatises of Government (1690) (1690) ““Man being born, as has been proved, Man being born, as has been proved,

with a title to perfect freedom and with a title to perfect freedom and uncontrolled enjoyment of all the rights uncontrolled enjoyment of all the rights and privileges of the law of nature and privileges of the law of nature equally with any other man or number of equally with any other man or number of men in the world, has by nature a power men in the world, has by nature a power not only to preserve his property – that not only to preserve his property – that is, his life, liberty, and estate – against is, his life, liberty, and estate – against the injuries and attempts of other men, the injuries and attempts of other men, but to judge of and punish the breaches but to judge of and punish the breaches of that law in others as he is persuaded of that law in others as he is persuaded the offense deserves…” (p 62)the offense deserves…” (p 62)

John LockeJohn Locke (1632-1704)The Two Treatises of GovernmentThe Two Treatises of Government (1690) (1690) “…“…Those who are united into one body, and have Those who are united into one body, and have

a common established law and judicature to a common established law and judicature to appeal to, with authority to decide controversies appeal to, with authority to decide controversies between them, and punish offenders, are in civil between them, and punish offenders, are in civil society with one another; but those who have no society with one another; but those who have no such common appeal…are still in the state of such common appeal…are still in the state of nature, each being, where there is no other, nature, each being, where there is no other, judge for himself, and executioner, which is, as I judge for himself, and executioner, which is, as I have before shown it, the perfect state of have before shown it, the perfect state of nature… And thus the common wealth comes by nature… And thus the common wealth comes by a power to set down what punishment shall a power to set down what punishment shall belong to the several transgressions which they belong to the several transgressions which they think worthy of it… and all this for the think worthy of it… and all this for the preservation of the property of all the members preservation of the property of all the members of that society as far as is possible.” (62-63)of that society as far as is possible.” (62-63)

John LockeJohn Locke (1632-1704)

"The great and chief end, therefore, of "The great and chief end, therefore, of men uniting into commonwealths, and men uniting into commonwealths, and putting themselves under government, putting themselves under government, is the is the preservation of their propertypreservation of their property.”.”

““When any number of men have so When any number of men have so consented to make one community or consented to make one community or government, they are thereby presently government, they are thereby presently incorporated and make one body politic incorporated and make one body politic wherein the majority have a right to act wherein the majority have a right to act and conclude the rest…” (p.65)and conclude the rest…” (p.65)

John LockeJohn Locke (1632-1704)Majority ruleMajority rule is good because it has 3 characteristics: is good because it has 3 characteristics:

1. law cannot be absolutely arbitrary1. law cannot be absolutely arbitrary because because receives its power from the people receives its power from the people

themselvesthemselves: “Their power, in the utmost bounds : “Their power, in the utmost bounds of it, is limited to the public good of the society. of it, is limited to the public good of the society. It is a power that has no other end but It is a power that has no other end but preservation, and therefore can never have a preservation, and therefore can never have a right to destroy, enslave, or designedly to right to destroy, enslave, or designedly to impoverish the subjects.”impoverish the subjects.”

““The rules that they make for other men’s The rules that they make for other men’s actions must, as well as their own and other actions must, as well as their own and other men’s actions be conformable to the law of men’s actions be conformable to the law of nature, i.e., to the will of God, of which that is a nature, i.e., to the will of God, of which that is a declaration, and the fundamental law of nature declaration, and the fundamental law of nature being the preservation of mankind, no human being the preservation of mankind, no human sanction can be good or valid against it.” sanction can be good or valid against it.”

John LockeJohn Locke (1632-1704)2. law will be public2. law will be public in state of nature, law is unwritten (each person in state of nature, law is unwritten (each person

interprets it for him/herself) and therefore interprets it for him/herself) and therefore uncertain; when people enter into association, uncertain; when people enter into association, they make law through standing laws, they make law through standing laws, recognized judges, etc. – everyone knows the recognized judges, etc. – everyone knows the rulesrules

““For all the power the government has being For all the power the government has being only for the good of the society, as it ought not only for the good of the society, as it ought not to be arbitrary and at pleasure, so it ought to be to be arbitrary and at pleasure, so it ought to be exercised by exercised by established and promulgated lawsestablished and promulgated laws; ; that both the people may know their duty and be that both the people may know their duty and be safe and secure within the limits of the law; and safe and secure within the limits of the law; and the the rulers, too, kept within their boundsrulers, too, kept within their bounds, and not , and not be tempted by the power they have in their be tempted by the power they have in their hands to employ it to such purposes and by such hands to employ it to such purposes and by such measures as they would not have known…” (p. measures as they would not have known…” (p. 66-67)66-67)

John LockeJohn Locke (1632-1704)3. government cannot take citizens’ property3. government cannot take citizens’ property ““supreme power cannot take from any man part supreme power cannot take from any man part

of his property without his own consent, for the of his property without his own consent, for the preservation of property being the end of preservation of property being the end of governmentgovernment, and that for which men enter into , and that for which men enter into society, it necessarily supposes and requires, society, it necessarily supposes and requires, that the people should have property…” (p. 67)that the people should have property…” (p. 67)

““If they who say ‘it lays a foundation for If they who say ‘it lays a foundation for rebellion’ mean that it may occasion civil wars… rebellion’ mean that it may occasion civil wars… to tell the people they are absolved from to tell the people they are absolved from obedience when illegal attempts are made upon obedience when illegal attempts are made upon their liberties or properties.. they may as well their liberties or properties.. they may as well say, upon the same ground, that honest men say, upon the same ground, that honest men may not oppose robbers or pirates because this may not oppose robbers or pirates because this may occasion disorder or bloodshed.” (p. 67) may occasion disorder or bloodshed.” (p. 67)

John LockeJohn Locke (1632-1704)Citizens have Citizens have rights against their governmentrights against their government

and should defend those rights even if it and should defend those rights even if it means disobeying their governmentmeans disobeying their government

““The end of government is the good of The end of government is the good of mankind. And which is best for mankind: that mankind. And which is best for mankind: that the people should be always exposed to the the people should be always exposed to the boundless will of tyranny, or that the rulers boundless will of tyranny, or that the rulers should sometimes be liable to be opposed should sometimes be liable to be opposed when they grow exorbitant in the use of their when they grow exorbitant in the use of their power and employ it for the destruction and power and employ it for the destruction and not the preservation of the properties of their not the preservation of the properties of their people?” (p. 67)people?” (p. 67)

the aim of gov’t is to provide liberty and the aim of gov’t is to provide liberty and security, but the citizens have a right to security, but the citizens have a right to overthrow the gov’t if it fails to provide either overthrow the gov’t if it fails to provide either

J. S. Mill (1806-1873)J. S. Mill (1806-1873) A philosopher (and son of a philosopher), A philosopher (and son of a philosopher),

also active in politics (served in House of also active in politics (served in House of Commons)Commons)

Utilitarian thinkerUtilitarian thinker Advocate for women’s rightsAdvocate for women’s rights Unlike earlier liberals, Unlike earlier liberals, Mill Mill did not consider did not consider

government a matter of natural rights or government a matter of natural rights or social contract, as in many forms of social contract, as in many forms of liberalismliberalism. Forms of government are, rather, . Forms of government are, rather, to be judged according to "utility in the to be judged according to "utility in the largest sense, grounded on the permanent largest sense, grounded on the permanent interest of man as a progressive being" (interest of man as a progressive being" (On On LibertyLiberty, p. 224)., p. 224).

J. S. Mill (1806-1873)J. S. Mill (1806-1873) Mill argued that in the Locke’s day, the Mill argued that in the Locke’s day, the

struggle had been one of gaining liberty by struggle had been one of gaining liberty by limiting the power of the monarch. But limiting the power of the monarch. But democracy contained a different danger: democracy contained a different danger: it it meant that power had largely passed into meant that power had largely passed into the hands of the people at large, and the the hands of the people at large, and the danger now was that the majority denies danger now was that the majority denies liberty to individuals, whether explicitly liberty to individuals, whether explicitly through laws, or subtly through coercionthrough laws, or subtly through coercion. .

On LibertyOn Liberty, 1869: “The subject of this Essay , 1869: “The subject of this Essay is … Civil, or Social Liberty: the nature and is … Civil, or Social Liberty: the nature and limits of the power which can be limits of the power which can be legitimately exercised by society over the legitimately exercised by society over the individual.”individual.”

J. S. Mill (1806-1873)J. S. Mill (1806-1873)

““There is a sphere of action in which There is a sphere of action in which society, as distinguished from the society, as distinguished from the individual, has, if any, only an indirect individual, has, if any, only an indirect interest; comprehending all that portion interest; comprehending all that portion of a person’s life and conduct which of a person’s life and conduct which affects only himself, or if it also affects affects only himself, or if it also affects others, only with their free, voluntary, others, only with their free, voluntary, and undeceived consent and and undeceived consent and participation… This, then, is the participation… This, then, is the appropriate region of human liberty. ” appropriate region of human liberty. ” (p. 51) (p. 51)

J. S. Mill (1806-1873)J. S. Mill (1806-1873)

““The only freedom which deserves The only freedom which deserves the name, is that of pursuing our own the name, is that of pursuing our own good in our own way, so long as we good in our own way, so long as we do not attempt to deprive others of do not attempt to deprive others of theirs, or impede their efforts to theirs, or impede their efforts to obtain it.” obtain it.”