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Policy Paradox: Liberty Chapter 5 Nicholas Perrone
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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
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Liberty Problem Limiting individual liberty may be necessary to preserve a community in which individuals can thrive and exercise free choice.
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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?
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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.”
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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
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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
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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
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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
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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
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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
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