1. 1. The Origins of liberty: Locke, Rousseau and Berlin
    1. Idea of liberty
      1. Bentham
        1. An offer is not coercion unless it is a threat
    2. Locke and toleration
      1. What passes for Political power is often illegitimate coercion
      2. Rights are derived and limited by duties
      3. Liberalism
        1. - Rule of law
        2. - Individual righs
        3. - Economic Freedom
        4. - Rights of persons against the Gov
        5. - Religious toleration
      4. Property
        1. Every man has 'property' in his own person
        2. Nature are basis moral code. Nature was givien to ALL mankind, so how can we have 'property'?
        3. Mixing our labour with Nature, creates property for us. Labour is the trigger
        4. Private Prop is not a 'social convention' but a natural right
        5. Protection of Property is a Gov's primary concern
        6. Wealth is OK if no acquired with harm to others or taking precious resources and wasting
      5. Natural Law
        1. Agrees that all men are equal except onto God
        2. Catholisicm is one step away from Monarchism
        3. 3 defficiencies of Nature
          1. 1. Limits of the known Law (Boundries?)
          2. 2. Nature lacks an impartial Judge
          3. 3. Power is needed to enforce Judgements
      6. Locke's Goal
        1. Build arg to justify expulsion of a ruler
        2. Distinguish Paternal from Political power
        3. 2 Arguments Against
          1. 1. How to deal with Men's selfishness? Contradicts Nature
          2. 2. Did the state of nature ever really exist?
      7. Filmer
        1. God gave Adam auth over his family
        2. Kings are like biological heads of families
        3. No gov can allow full liberty to its subjects
        4. Natural Law
          1. 1. Are part of Devine Law
          2. 2. Are knowable to Human reason
      8. Government
        1. Characteristics
          1. 1. Philosophical Foundation of power
          2. 2. Extent/limit of power
          3. 3. Purpose for which Government is created
          4. Just Gov will always be limited in power
          5. (Men join a political society to be better off)
          6. People dont owe basic morality to Gov
        2. Formed when
          1. 1. People leave state of Nature for political Society (Social Contract)
          2. 2. Those people agree how to be governed (Majority Rule)
        3. Legitimate Power
          1. 1. Gov can't be arbitrary
          2. 2. Must have general and not individual laws
          3. 3. Gov cannot appropriate property without consent
          4. 4. Gov cannot delegate its power
          5. Must be formed with consent of the people
        4. Illegitimate Power
          1. 1. Obtained by conquest
          2. 2. Obtained by usurpers
          3. ...Revolt is natural
      9. Revolution
        1. Justified against tyranny
        2. If Gov enacts unjust laws, it becomes an agreesor
      10. Implicit Consent
        1. If we benefit from Gov services, we implicitly abide by their law
        2. If you surrender rights to the Gov, they must take you seriously
        3. Citizens are founding parties to the Socila Contract
        4. Willing subjects based on Trust
      11. Punishment
        1. Can be enacted only
          1. 1. To restrain (Public allowed to protect others)
          2. 2. For reperation (Private matter)
      12. Feminism
        1. - Women are party of the social contract by consent of their fathers
        2. - Marriage gives husband rights over his wife by consent
        3. - He supported divorce and compensation
    3. Rouseau, the social contract
      1. Hobbes
        1. Man originally solitary and all human society was contractual"
        2. "if there is no law, there is no injustice!"
        3. Unfreedom is always diempowerment
        4. Unfreedome occurs when an 'Agency' restricts you
      2. Society
        1. scientific advancement sped up moral corruption
        2. led to economic shortages (Too many people - fewer resources)
        3. Led to division of labour
        4. led to conflict
      3. Inequalities
        1. natural (strength, intelligence)
        2. artificial (conventions of society)
      4. Freedom
        1. Metaphysical
        2. Anarchic
        3. Personal
        4. Made us aware of "Democratic" dimension
        5. Negative concept - entails abscence of restriction
      5. General Will
        1. republic is the creation of will
        2. "Men give up natural rights in return for civil rights"
        3. TRUE LAW
          1. Authority is freely granted by those whom it commands
          2. Law helps those who break it get back on track
          3. "Rules are made by people in their capacity as sovereign and obeyed by the same people in their capacity as subject"
        4. People are stupid. need to be governed by their own will
      6. Quotes
        1. "Freedom was not the abscense of opposition, but the exercise of ruling oneself"
        2. "Man can only truly be free if he makes the rules in which he lives"
    4. Positive and Negative liberty
      1. Who?
        1. Locke
        2. Hobbes
        3. Adam Smith
        4. Kant
          1. Paternalism is the greatest depotism imaginable
        5. Berlin
          1. "without the pressure of social forces, political ideas might be stillborn"
          2. Q: Obedience and Coercion / Why should i obey anyone?
          3. "To coerce a man is to deprive him of his freedom"
          4. "The liberty of some must depend on the restraint of others"
      2. LIBERTY
        1. Abscense of physical coercision
        2. Freedom is the avoidance of obstacles
      3. Pluralism
        1. Making the world a more interesting place
      4. Positive Liberty
        1. - Actions by citizens in Government. Pro Action
        2. - Always gives rise to "abuse of power"
        3. Individuals have right to personal development
        4. Be one's own master/Self Mastery
        5. French revolution (Jacobins?) sought PL
        6. QUESTION: "What or who is the source of control or interfernce that can determine someone to do, or be, this rather than that?"
        7. <<Left Wing>>
      5. Negative Liberty
        1. <<Right Wing>>
        2. Freedom from interference by other people.
        3. Live life with as little intereference as possible
        4. Critique: Enhanced by private property
        5. Monarchy is epitome of NL/those of power to take away from the week
        6. QUESTION: "What is the area within which the subject - a person or group of persons - is or should be left to do or be what he is able to do or be, without interference by other persons"
    5. Learning Outcomes
      1. explain in detail Locke’s theory of toleration and his idea of freedom
      2. explain in detail Rousseau’s account of freedom and the general will
      3. illustrate the distinction, as characterised by Berlin, between ‘positive’ and ‘negative’ freedom
      4. discuss critically the importance of adequately characterising what liberty is, for the purposes of political and moral discussion.
        1. Plato
          1. Will driven by passion is 'unfree' (Love is blind)
          2. If the will allows itself reason, it is free
        2. Freud
          1. "The unconscious creats behaviour-once identified, we are liberated from them
        3. All philisophers until Mill said that Freedom was Abscence from interference
        4. If one is dependent on another, we are unequal. Equality + liberty are co dependent
        5. Monarchy
          1. Subjected to full discretion power over their selfves and lands, is not free
  2. 2. Liberty and Law: Mill and Raz
    1. The 'Harm Principle' of Mill
      1. How is a harm defined?
        1. Doing in public what is legitimate in private?
        2. When do we know 'Harm' has been created?
      2. If it doesnt harm other, let it be
      3. Harm ro oneself
        1. OK
        2. Society is < Not obliged> to look after someone - its a social choice
    2. Mill
      1. Positive needs
        1. Interesting work
        2. Challenges
        3. Leisure
      2. Freedom
        1. "Freedom is an interpersonal concept"
        2. "Freedom entails no interference by external agent"
        3. "People should be left to blossom/personal freedom to be maximized"
        4. Freedom for the selected view if benefits the many (Opposite of Marx)
        5. Politics never looked at 'Private Life' as much as Mills
        6. No moral constraints with yourself, but in how you deal with people
      3. Historical reality
        1. Political order was stabalized
          1. 1. Agricultural basis for communal life in the village
          2. 2. A common religious belief for all
          3. 3. Unchanged social/economic arrangemnts
        2. Hobbes
          1. 2 levels of Authority
          2. 1. Citizens were equal, independent social and economic units (No old loyalties)
          3. 2. Sovereign has been awarded power by the people
          4. What is not permitted is allowed
          5. Wanted to restrict some freedom - Religion- as could lead to mischief
          6. 200 years before Mills
      4. Paternalism
        1. Deeply hostile towards
        2. Our actions are only of value if not coerced
      5. Social Contract
        1. Citizens surrender auth to a sovereign
        2. No other link between fellow citizens
        3. Pyramid of power
        4. Obedience is to the position of ruler, not man. Man can change if coercive
      6. State
        1. 2 threats
          1. 1. Excesive Power of Gov (written laws)
          2. 2. Excessive power of public (unwritten laws)
          3. "Tyranny of the majority"
        2. Wanted less Gov involvement-where they do get involved, do so decisively
      7. Bentham
        1. Freedom is not a natural right, but practical - it generates social benefits
        2. Freedom should not result in the harm of others
        3. Freedom has limits if it hurts/disrupts others
      8. Family views
        1. Advocate for parent resp over children
      9. Equality
        1. Let the elite prosper.
        2. i.e Canadian Medicare doesnt make sense for Mill
        3. Strong advocate for "Competetive Varierty"
      10. Perfection arrives naturally through self development
      11. Highly influenced by Bentham who his father worked with
    3. Raz on liberty
      1. Raz on autonomy and ‘adequate’ options
      2. Autonomy and the ‘harm’ principle
      3. Autonomy and coercion
      4. Autonomy and paternalism
    4. Learning Outcomes
      1. describe the Millian ‘harm principle’, using examples to illustrate its meaning
      2. discuss critically the meaning of ‘harm’ that makes best sense of the principle
      3. describe in detail Raz’s theory of autonomy, including his idea of adequacy, toleration, value-pluralism and the relevance of coerced choices
      4. justify or condemn contemporary political decision-making in terms of its impact on freedom
  3. 3. The Free market: Contract and Economic effeciency
    1. Chicago school of Law and Economics
    2. A Moral basis to the free market: Frieds theory of contract
    3. Learning Outcomes
      1. explain the main doctrines of the Chicago school of law and economics
      2. explain, by giving examples, the Pareto criteria, the Coase theorem and the Kaldor-Hicks criterion
      3. comment critically on the relationship between moral judgments and economic analysis
      4. give an account of the ‘free market’
      5. state what promising is and relate it to the idea of contract
      6. consider critically whether the economic analysis of law is a viable way of explaining and justifying legal decision-making.
  4. 4. Foundation of Community and Democracy
    1. Atomism: Charles Taylor
      1. Freedom resides in part in control of the 'common' life
    2. An attack on the communitarians: Amy Gutman
    3. Idea of liberal community: Dworkin
  5. 5. Liberalism and Democracy
    1. Foundations of Democracy
    2. Judicial review of legislation
  6. 6. Law and Gender
    1. Three Femenist approaches
      1. Dependency on their husbands was not freedome
      2. Mill
        1. Strong advocate. Liberalism must accept women rights
        2. If Women were inferior, no need for rules to hold them back
        3. Law benefited the wicked. he wanted law changed
        4. 3 views why Women should be free
          1. 1. Women are protesting, look around
          2. 2. Women were legally bound to their husband. doesnt mean they would protest if they could
          3. 3. If Women are happy, why have laws to restrain them/.
        5. Strongly opposed to welfare mothers
  7. 7. Multiculturalism
    1. Pluralism and Toleration
    2. Culture and its relation to justice