Difference between revisions of "What Is Liberty?"
From Critiques Of Libertarianism
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This absence of satisfactory definitions of liberty or freedom is typical of libertarian literature. | This absence of satisfactory definitions of liberty or freedom is typical of libertarian literature. | ||
| − | == Liberty or A | + | == Liberty as a glittering generality of propaganda. == |
| + | When a libertarian uses the naked term "liberty", they are being deliberately vague, exploiting a glittering generality of propaganda. If you want to be specific, identify exactly which liberties you are talking about. "My liberty" is just as vague. | ||
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| + | == [[Hohfeld’s typology of rights|Hohfeld's Definition of a Liberty]] == | ||
| + | Wesley Newcomb Hohfeld created the standard legal classification of right, duty, privilege, no-right, power, liability, immunity and disability in his 1913 article ''[[Some Fundamental Legal Conceptions as Applied in Judicial Reasoning]]''. (Privilege means liberty.) Libertarians (and lay people in general) are usually ignorant of these important definitions. His definition for a liberty is roughly: | ||
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| + | A has a legal liberty (privilege or no duty) from B when B has no legal right for A to do or not do something. | ||
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| + | Note that B could legally or illegally interfere with A's liberty in any way, removing that liberty. For example, if A wanted to cross a narrow bridge, B could block his way (which may or may not be legal.) Liberties are very weak because they impose no duty on ANY others to not interfere, so everybody has liberty to interfere. | ||
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| + | == Confusion of Liberties with Rights == | ||
| + | [[What Are Rights?|Rights are liberties that are coercively defended]]: others are forced not to interfere. If you have a right to cross a bride, your liberty is defended by law. But the important thing is that rights are created by enforcing duties on others, destroying THEIR liberties. You may want liberty to cross a bridge, and get a right to cross the bridge; but that means everybody else loses their liberty to interfere with your crossing. They have a duty to not interfere. | ||
== A Positive Model Of Liberty == | == A Positive Model Of Liberty == | ||
| + | A good model of a liberty should be consistent with observations from law, economics, and anthropology. If it is based on observation, we can call it a positive model, like other models in the sciences. (But not necessarily philosophy.) | ||
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A person (P) is free to do or be a thing (T), receiving a benefit (B), using an ability (A), with a resource (R), when all others (O) do not interfere, despite opportunity costs (C), because of reason (B). | A person (P) is free to do or be a thing (T), receiving a benefit (B), using an ability (A), with a resource (R), when all others (O) do not interfere, despite opportunity costs (C), because of reason (B). | ||
