1. 4.14.09 Public Policy 240 Jeff Summerlin-Long

2.  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)

3. “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

4.  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.

5.  Negative concept of liberty: absence of restraint  Positive concept of liberty: availability of meaningful Sir Isaiah Berlin choice and capacity 1909 – 1997 to exercise it

6.  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.

7.  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.

8.  Psychological Harms  Ethical Harms: when do social ethics trump individual ethics? Should they ever?  Two Major Categories: 1) Paternalism 2) Moralism

9.  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?

10.  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

11.  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

13. HARM TO SELF?HARM TO OTHERS?

15.  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?

16.  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?

17. GOOD QUESTIONOH, I SEE NOW.

18. “IMMORAL SELF-EXPRESSION” MORAL SELF-EXPRESSION?

19.  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.

21.  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?