Skull Pilot
Diamond Member
- Nov 17, 2007
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That's right. I said it.
I am a liberal.
I am a liberal in the classical sense not the modern.
I believe in liberty and that people have inherent rights, natural rights and that government exists because of those rights and for the sole purpose of protecting those rights not the converse.
I, unlike modern liberals, believe economic liberty is a civil liberty. In fact, they are one in the same. There is no discernible or important difference between economic and civil liberty.
What Is Classical*Liberalism?
An important distinction between rights and needs is necessary before we continue.
Modern liberals are not of this mind however. Modern liberals are of a collectivist mind. Where needs become valid claims.
FDR in his 1944 State if the Union Address called for a "Second Bill of Rights" in an attempt to redefine the meaning of rights. This attempt included the following "new" rights:
Sound familiar?
Now the redefining of rights as FDR defines them differs from the classical view of rights in that:
The above link goes on to describe the source of rights in classical terms but I will end here.
The question this post poses to you "liberals" and "conservatives" alike.
Are economic liberty and civil liberty one and the same with common defining characteristics of mentioned above or are economic liberties unrelated to civil liberties?
If different, what characteristics of rights mentioned above do and do not apply to economic liberty?
I am a liberal.
I am a liberal in the classical sense not the modern.
I believe in liberty and that people have inherent rights, natural rights and that government exists because of those rights and for the sole purpose of protecting those rights not the converse.
I, unlike modern liberals, believe economic liberty is a civil liberty. In fact, they are one in the same. There is no discernible or important difference between economic and civil liberty.
What Is Classical*Liberalism?
In the classical liberal tradition, rights have several characteristics, including the following:
Rights are Relational in the sense that they pertain to the moral responsibilities that people have to one another. In particular they refer to a zone of sovereignty within which individuals are entitled to make choices without interference by others. In this way, rights serve as moral side-constraints on the actions of other people. In a world consisting of only one individual, or in which people never interacted, rights would not exist in the sense that there would be no one to claim a right against and no one who could interfere with the exercise of any individual rights. Rights exist because people do interact in pursuit of their own interests. Rights are also relational in another sense: They limit the morally permissible actions government may take to interfere with the lives of individuals who are governed.
Rights Imply Obligations. Rights sanction morally allowable actions. In the process, they create obligations for other people to refrain from preventing those actions. To say that "Joe has the right to do X" implies all other people have an obligation not to interfere with Joe's doing X.
Fundamental Rights Imply Negative Obligations. For example, the right to free speech implies a (negative) obligation on the part of others not to interfere with your speaking. It does not create the (positive) obligation to provide you with a platform, a microphone and an audience. The right to freedom of the press implies a (negative) obligation for others not to interfere with your publishing. It does not create the (positive) obligation to provide you with newsprint, ink and a printing press. The right to freedom of assembly creates the (negative) obligation for others not to interfere with your association with others. It does not create the (positive) obligation to furnish you with an assembly hall.
From primary rights (e.g., the rights to life, liberty and property) flow derivative rights. These are new obligations that arise as people exercise their primary rights. Virtually all rights created through trade, exchange or contract are derivative. For instance, Joe owns a motorcycle and agrees to let Tom rent it for a period of time. Joe has a right to expect to get his motorcycle back along with the agreed upon rental fee. Joe's rights entail positive obligations on the part of Tom.
Rights are Compossible. Can rights conflict? In the classical liberal conception, a conflict of rights implies a contradiction. Consider two claims:
1. Joe has the right to do X.
2. Tom has the right to interfere with Joe's doing X.
The first sentence implies that Tom has an obligation not to interfere with Joe's doing X, whereas the second sentence implies that he has no such obligation. Hence, there is a contradiction.
In order to be logically consistent, therefore, rights cannot conflict; which is to say, they must be compossible. Compossiblility means that each person's rights are compatible with everyone else having the same rights. This is the feature behind the adage "Your right to act ends at my nose," and vice-versa. Take the claim that each person has a right to liberty. Compossibility implies that when any one person is exercising her liberty she is not violating other peoples' right to liberty.
This does not mean that people cannot compete to achieve mutually exclusive goals. It does mean that the competition must be in the context of rights. Put differently, there may be conflicts among people (e.g., they may be pursuing conflicting goals) but there cannot be conflicts of rights. Also, the statement that rights are compossible does not imply that there cannot be arguments and disputes about what those rights are (which is why we have courts of law). But the presumption of a legal hearing is that even though the disputants may disagree, there are objective, non-contradictory rights for the court to discover.
Fundamental Rights are Inalienable. In the Declaration of Independence, Thomas Jefferson declared that basic rights are inalienable. This means they cannot be alienated from the individual who holds the rights. They cannot be given away or taken away. They cannot be bought, sold or traded. They can be violated, however.
Joe can give away his swing set or sell it or trade it for some other asset. Joe can also buy, sell, trade or donate other pieces of property. But he cannot give away, sell or trade away his right to property as such. Individuals, through consent or contract, may limit their liberty to take specific acts (e.g., under the terms of a contract); but they may not give up their right to liberty as such.
Fundamental Rights Do Not Come from Government. Not only do rights not get their legitimacy from government, but - as the Declaration of Independence so eloquently states - it's the other way around. Government gets its legitimacy from the existence of rights. In the view of Locke, Jefferson and others, rational, moral people form governments for the express purpose of protecting rights. In the Second Treatise on Government, Locke argued that legitimate governments are, in fact, instituted to facilitate the more effective protection or enforcement of these rights, and may not abrogate an individual's natural rights. In natural rights theories, legitimate governments are created by consent, but fundamental rights are not grounded in consent.
Substantive Rights vs. Procedural Rights. Some of the rights enumerated in the Bill of Rights are "substantive" rights. Others are "procedural." The founding fathers were clearly very concerned with both. The distinction is as follows. Legitimate governments are created to protect substantive rights. But in carrying out this task, the government is required to adhere to certain procedures, and these requirements create procedural rights. For example, the Constitution specifies that certain government officials must be elected. This implies that citizens have a (procedural) right to vote.
Furthermore, in order to protect rights and to adjudicate disputes about rights, the government must exercise certain police powers. In our system, certain procedural safeguards were built into the Constitution specifying how the government must act in exercising these powers. For instance, the Constitution requires the government to get a warrant before arresting a person or seizing his property. In addition, for serious crimes it requires the government to provide the accused with a speedy, public trial before an impartial jury, the ability to confront witnesses and to compel testimony. All these rights are procedural rights.
An important distinction between rights and needs is necessary before we continue.
To appreciate the classical liberal concept of individual rights, it is as important to understand what is being rejected as it is to understand what is being asserted. To say that individuals have the right to pursue their own happiness implies that they are not obliged to pursue the happiness of others. Put differently, the right to life, liberty and the pursuit of happiness implies that people are not obligated to serve the needs, concerns, wishes and wants of others. This doesn't mean that everyone has to be selfish. It does imply that everyone has a right to be selfish.
In the classical liberal world, need is not a claim. That is, the needs, wishes, wants, feelings and desires of others are not a claim against your mind, body or property. At the time the Declaration of Independence was written, this meant that the American colonists had the right to pursue their own interests, independent of the needs of King George and the British Empire. In time, the concept was broadened - affirming each individual's right to pursue his or her own interest, despite the existence of unmet needs somewhere on the planet or even next door.
The idea that need is not a claim applies to procedural rights as well as substantive rights. Tom may feel safer if all suspicious-looking people are routinely seized and searched. But in the world of classical liberalism, Tom's need to feel safe is not a justification for initiating force against all suspicious-looking people.
Modern liberals are not of this mind however. Modern liberals are of a collectivist mind. Where needs become valid claims.
It is worth noting that all forms of collectivism in the 20th century rejected this classical notion of rights and all asserted in their own way that need is a claim. For the communists, the needs of the class (proletariat) were a claim against every individual. For the Nazis, the needs of the race were a claim. For fascists (Italian-style) and for the architects of the welfare state, the needs of society as a whole were a claim. Since in all these systems the state is the personification of the class, the race, society as a whole, etc., all these ideologies imply that, to one degree or another, individuals have an obligation to live for the state.
Despite the fact that 20th century collectivists opposed the classical liberal concept of rights, very rarely did they attack the notion of "rights" as such. Instead, they often tried to redefine the concept of "right" in a way that virtually eviscerated any meaningful notion of liberty.
FDR in his 1944 State if the Union Address called for a "Second Bill of Rights" in an attempt to redefine the meaning of rights. This attempt included the following "new" rights:
* The right to a useful and remunerative job in the industries or shops or farms or mines of the nation.
* The right to earn enough to provide adequate food and clothing and recreation.
* The right of every farmer to raise and sell his products at a return which will give him and his family a decent living.
* The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad.
* The right of every family to a decent home.
* The right to adequate medical care and the opportunity to achieve and enjoy good health.
* The right to adequate protection from the economic fears of old age, sickness, accident and unemployment.
* The right to a good education.
Sound familiar?
Now the redefining of rights as FDR defines them differs from the classical view of rights in that:
They imply positive obligations on the part of others. When Roosevelt says people have the right to "earn enough to provide adequate food, clothing and recreation," he does not mean that people have the right to work hard (extra hours if necessary) to earn money to buy what they need. Instead, he means that other people (including potential employers, consumers, other workers, etc.) have an obligation to insure each worker's wage is sufficiently high. Similarly "the right of every farmer to ... a decent living" does not mean farmers have the right to work the land and produce sufficient output. Instead it means others are obliged to act in a way that insures the farmer's minimum income. In general, your "right to a useful...job" implies others are obligated to provide that job if you can't find one on your own. Your "right ... to a decent home" implies others are obligated to provide you with a home if you cannot otherwise obtain one. And so forth.
Each individual's positive obligations are notoriously unclear. Consider all of the ways in which you could potentially violate a farmer's "right" to a decent income. You might buy groceries on sale, or at a discount outlet, instead of paying a higher price. You might buy cheaper substitute products (corn instead of soybeans or vice versa). You might grow some crops in your own backyard instead of buying items at the supermarket. You might buy some land and become a farmer yourself - thereby increasing output and depressing overall market prices. You might change your diet and not buy the farmer's output at all. Clearly the list is almost endless, as is the list of things you might do to increase the farmer's income. One thing is certain: From the statement that a farmer has a "right to a decent income" there is no way for any of us to determine what precisely our positive obligations are.
As a practical matter, only government action could insure such rights. Even if you could figure out how your actions might help the farmer, you would by no means be home free. In Roosevelt 's view, everyone has the right to earn a decent income. So in the very act of helping the farmer, you might be hurting someone else. Whenever you buy from A at the expense of B, you help the employees of A at the expense of the employees of B - and vice versa. Indeed, every transaction you make - every act of buying and every act of selling - potentially violates one of Roosevelt 's "rights." As a practical matter, therefore, Roosevelt 's rights could be observed only if all of us ceded much of our liberty to make economic decisions to the government. And the amount of power that would have to be ceded would be enormous.
They imply virtually unlimited government power with respect to the economy. Incredibly vague rights imply incredibly vague obligations, and, if nothing else, all of Roosevelt's rights are very, very vague. Hence if government is to act as the agent for all of us, the potential scope for action would be enormous. In fact, Roosevelt believed that there was no economic decision - no act of buying or selling or producing - that government should not be able to regulate. Thus in implementing Roosevelt's second Bill of Rights one would at the same time be eliminating all of the economic rights that classical liberals thought people had. That is, implementation of Roosevelt 's scheme would eliminate the right of every individual to pursue his own happiness - at least in the marketplace.
Roosevelt was among the most collectivist (anti-individual rights) president the United States has ever had. And not just in the economic realm. Although Abraham Lincoln and Woodrow Wilson before him had suspended constitutional rights in the time of war, Roosevelt went further than any president before or since. On his orders Japanese Americans were rounded up and forced into detention camps (for no other reason than the fact that they were of Japanese ancestry) for the duration of World War II.
The above link goes on to describe the source of rights in classical terms but I will end here.
The question this post poses to you "liberals" and "conservatives" alike.
Are economic liberty and civil liberty one and the same with common defining characteristics of mentioned above or are economic liberties unrelated to civil liberties?
If different, what characteristics of rights mentioned above do and do not apply to economic liberty?
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