Policy Paradox: Liberty Chapter 5 Nicholas Perrone

Freedom: the heart of American Democracy Negative concept of liberty: the absence of restraint an all-or-nothing concept Positive view of liberty: the availability of choice and the capacity to exercise it Prerequisites: Power, wealth, & knowledge

Liberty Problem Limiting individual liberty may be necessary to preserve a community in which individuals can thrive and exercise free choice.

Unlimited Liberty Scenario Where would unlimited liberty take society? 1. “The New Colossus” 2. Begin with basic need 3. Create Solution/Action 4. What is Effect of action?

On Liberty – Mill's essay 1859 “[T]he only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.”

Harms to individuals Material harm or risk of harm: bodily injury, loss of income/resources Amenity effects: aesthetic, environmental, quality of life Emotional & psychological harms: Distress, anxiety, loss of self-esteem Spiritual & moral harms: Religiously or morally offended

Liberty in the Polis Liberty limited by obligations to community: “Acts of beneficence” – positive acts for the benefit of others (Mill) Protect social order itself – follow rules Contrary: Lawyers note law & morality are separate spheres; no ethical obligation

Harms to Community Structural harms: Effects that reduce a community's ability to function Accumulative harms: Devastating effects if many people do them Harm to a group that results from harm to individuals: Discrimination against an individual on the basis of group membership inevitably imposes harms on the entire group

Beyond the individual: Harms by Corporations Granting corporations liberty impacts many: Great deal of power Consequences of actions are magnified Enormous potential for causing harm

Liberty-Security Trade-offs Dependence : without the security of having one's basic needs met, a person cannot make free choices Paternalism : coercing people to do something against their will for their own good; highly susceptible to interpretation and manipulation

Liberty-Equality Trade-offs Negative concept: People are unique (talents, skills, abilities) To maintain equality, government would have to take away some resources (advantaged) and give them to others (disadvantaged) All-or-nothing Positive concept: Power, wealth, & knowledge are prerequisites to liberty Those with more, have more freedom “Positive liberty” is the control over one's life