Freedom: Kevin Harrison and Tony Boyd - 9781526137951 Via Free Access
Freedom: Kevin Harrison and Tony Boyd - 9781526137951 Via Free Access
Freedom 4
Most people have some idea of what the word ‘freedom’ means, and most
approve of it. In our analysis we examine the term more closely, exploring such
themes as freedom of opinion, freedom under the law and economic freedom. To
further elucidate the concept we present brief summaries of the ideas of a
number of political philosophers on the subject. In particular we analyse the views
of John Stuart Mill and Isaiah Berlin on ‘negative’ and ‘positive’ freedom. Then we
focus on the central issue of freedom and the state, concentrating on three major
areas of dispute: conscientious objection, state acquisition of private property,
civil disobedience and terrorism. We end with some observations on the cultural
environment conducive to freedom and reflect on the problems of freedom in the
modern world.
POINTS TO CONSIDER
➤ Why does the term ‘freedom’ have such a strong emotional appeal?
➤ To what extent are the writers cited in this chapter agreed as to the meaning of free-
dom?
➤ What criteria would you suggest as useful in establishing whether a specific restraint on
freedom was justifiable?
➤ Does a truly free society demand impossible levels of moral restraint on the part of its
citizens?
If all mankind minus one were of one opinion, and only one person were of the
contrary opinion, mankind would be no more justified in silencing that one person
than he, if he had the power, would be justified in silencing mankind. (J. S. Mill, On
Liberty, 1859)
Liberty does not carry out each of its undertakings with the same perfection as an
intelligent despotism, but in the long run it produces more than the latter. It does
not always and in all circumstances give the peoples a more skilful and faultless
government; but it infuses throughout the body social an activity, a force and an
energy which never exist without it, and which bring forth wonders. (Alexis de
Tocquveille, Diary, 25th August 1831)
Freedom 85
pursued as a political goal over all else, then liberty is certain to be degraded
and damaged (if not extinguished) as a political ‘good’. Western politics since
the French Revolution has been essentially a discourse between these two
fundamental concepts in which freedom has generally prevailed.
Individual freedom
Individual freedom is the central element in Western liberal political thought
and has become part of the political discourse in most nations. This aspect of
freedom includes freedom of expression, freedom of speech, freedom of
religion, freedom to travel. It is linked with the other central element of liber-
alism (especially in its ‘classical’ form): the minimal state. The state is seen as
a potential threat to freedom and its powers and involvement in society should
be kept to the minimum levels possible, concomitant with the requirements of
law, order and justice.
Economic freedom
Economic freedom is the right of individuals and businesses to pursue their
economic objectives in competition without undue state regulation and inter-
ference in the workings both of businesses and the free market. Owners of
businesses, in this light, need to be able to run their companies to maximise
profits and growth, to employ staff on flexible terms in line with the require-
ments of the business. Workers must be able to negotiate contracts related to
working conditions and pay, free of government regulations and impositions.
Freedom is therefore a vital component in promoting economic efficiency and
rationality for the benefit of all in society.
Work and employment form a very important part of most people’s conception
of liberty. They play a significant role in creating a source of individual identity
and self-image that is important if people are to act freely. A larger income and
greater wealth tend to give people a greater sense of practical freedom, and
more choices in their lives than the poor enjoy. Freedom without some form of
economic dimension is likely to remain merely theoretical, and will not survive
if its opponents offer better economic rewards. The hungry and starving will
readily give up theoretical freedoms if they can instead be fed.
State intervention in economic relations may be necessary to rectify an
imbalance between employer and employees, producers and consumers. For
instance, employees may be ruthlessly exploited by their employers; unions
may use their industrial muscle to force unreasonable concessions on wages
and conditions out of employers; businesses sometimes work together to
manipulate the market price for goods and exploit consumers. In practice,
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therefore, the free market may not work to the equal benefit of all and the
enhancement of everyone’s economic freedom. The concept of the ‘greater
good’ in society may require laws, rules, controls, regulations and taxes to
ensure a greater degree of ‘freedom’ in the ‘market’.
National freedom
National freedom is connected with the concepts of the ‘nation’ and the ‘state’.
The doctrine of ‘national self-determination’, first enshrined in the Versailles
Treaty (1919) as a fundamental principle of international society and interna-
tional law, is the political manifestation of national freedom. According to this
doctrine all nations have a right to govern themselves, and for national
freedom to have a political reality a nation must be able to govern itself
without being dominated or controlled by another nation. This concept of
exclusive self-government is the key characteristic of ‘sovereignty’, the most
important attribute of a state. Hence, the creation of its own state becomes a
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desirable goal for a nation seeking its freedom, since the state, once estab-
lished, will exercise exclusive legal and political rights and powers within the
national territory. National freedom, therefore, is expressed and given reality
by the existence of the state.
Plato
Plato’s Republic is an attempt to establish the meaning of the term ‘justice’
and identify the characteristics of the ‘good’ state. Plato believed that
freedom was bound up with self-discipline and morality. He doubted that the
law was able to establish meaningful moral conditions in society without
there first being a moral impetus from within people themselves. Never-
theless, he had no objection to the principle of morality being enforced by
the law. Without reason and self-discipline, individuals cannot attain
freedom, Plato believed, while doubting whether most people possessed
these requisite qualities. Freedom certainly did not require the existence
of democracy. On the contrary, Plato was keenly aware that the emphasis
placed on ‘freedom’, so called by the Athenian democracy, created an ill-disci-
plined people who, lacking self-control, generated factions, which degen-
erated into disorder that, in turn, inevitably gave birth to tyrants and
dictators. Arbitrary and oppressive government, not freedom, is the defining
characteristic of tyrants and dictators and the ultimate consequence of
Athenian-style ‘democratic freedoms’.
The Stoics
The Roman Stoic philosophy stressed the possibility of freedom existing within
a person’s mind, irrespective of external conditions. Self-discipline and
contemplation of life allow even the slave or the prisoner to be free in a
meaningful sense. The slave could cultivate habits of thought that enabled
him to be free within his mind, whatever his legal status or the physical
constraints placed upon him. In the last resort the slave has the choice
between obedience and death: such a choice is a statement of freedom.
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Niccolo Machiavelli
In the Discourses, Machiavelli argued for a republic as the embodiment of the
positive value of freedom. Self-government was essentially the same thing as
freedom, although the people enjoying such freedom would, as in the Roman
Republic Machiavelli admired, be constrained in their political influence by a
range of political and social factors that confined self-government to the
wealthy, powerful and educated. Freedom in the sense of self-government did
not mean direct democracy as it did in Ancient Athens. In his other major
political work, The Prince (1513), Machiavelli glories in the exercise of
freedom by the great man, the strong personality, the individual pushing his
power and talents to the limit, constrained only by the actions of other men
similarly engaged in exercising their freedom to the utmost.
Thomas Hobbes
Hobbes placed ‘order’ and ‘security’ as much higher political goals than
‘freedom’ in his Leviathan (1651). Men had ‘freedom’ in the state of nature, a
condition in which government did not exist, but this only led to an appalling
state of permanent war of all against all in which only the freedom of the
strongest had any reality. Hobbes argued that the creation of the state was a
rational response to the excess of freedom previously existing in the state of
nature. Freedom was only possible within the order created by the powerful
state. Once the state was established, freedom was to be found in the subse-
quent order and in those areas of life that were not proscribed by the law; this
theory is described in modern political thought as ‘negative freedom’. To
Hobbes the area of private life that should remain outside some state
involvement is remarkably small and, in his view, should remain so. Hobbes
was highly resistant to the idea that freedom was consequent on self-
government and democracy: a democracy would swiftly slide into the violence
and chaos of the state of nature and with such a disaster freedom would be
extinguished.
John Locke
Locke, in Two Treatises on Government (1690), declared that the law is the
means by which liberty is defended and enhanced. He believed that
government should be regarded as the servant of the people and, as such, an
instrument to preserve liberty. The best way to do this is to ensure that
government is highly restricted in its functions (essentially to the maintenance
of internal law and order, defence against external enemies and the raising of
taxes to pay for these two). Freedom in this sense is defined in terms
associated with ‘negative’ freedom: all that is not restricted by law is left over
for individuals to enjoy. Locke argued that there should be as large an area of
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private life as possible over which the state has no right to trespass. Indeed, he
declared that the right to the greatest possible degree of freedom was second
only to the right to life.
Immanuel Kant
Running through Kant’s many works, most notably Critique of Pure Reason
(1781), Critique of Practical Reason (1788), Critique of Judgement (1790), is
the linking of freedom with making voluntary choices to do good. Kant argues
that all men seek to do good and attempt a rational understanding of the
universe to discover the goals of life associated with the pursuit of good. Men
can call themselves truly free only when their actions are aimed at these goals.
Jean-Jacques Rousseau
Rousseau argues in The Social Contract (1762) that true freedom lies in
obedience to the laws we have worked out for ourselves. This manifests itself in
the social contract, which creates civil and political society, and the subsequent
‘General Will’ that creates unanimous agreement to obey the law. Laws are valid
when they obey the General Will, and freedom consists in obeying these laws.
Rousseau even advocated the use of the power of the state to ‘force people to be
free’, if necessary. Rousseau’s concept of the General Will and its relationship to
freedom has been the subject of considerable attention and controversy since its
formulation. On the one hand, the idea of the General Will is condemned as a
fundamental threat to freedom, providing the intellectual justification for total-
itarian and authoritarian political regimes, as well as providing ready-made
excuses for self-appointed guardians of public morals in the non-political and
private sphere of life. On the other hand one might claim that the General Will
is merely a complex and convoluted way of identifying a popular constraint on
the actions of government and making it accountable to the people.
Freedom 91
the basis of representative government. The state existed to protect the private
interests of the individual.
Karl Marx
Freedom, to Marx and his followers, is not possible under capitalism. The highly
exploitative capitalist system reduces both the working class and their capitalist
exploiters to a level of servitude to the system. Those who control the means of
production may have somewhat greater freedom than those who merely sell
their labour to scrape a living, but bourgeoisie and
proletariat alike possess a freedom reduced to capitalism
mere work and consumption. Some modern The economic system in which
Marxists claim that capitalism is even more wealth is privately owned and in
inimical to freedom than it was in the nineteenth which goods and services are
produced for profit, as dictated
century when Marx analysed its workings.
by market forces, which has
Contemporary capitalism, so modern Marxists developed over the last five
argue, enslaves workers by means of ideological hundred years to be the
indoctrination, making them compliant to a economic driving force of the
modern global economy.
progressively more exploitative system. Contem-
porary workers in capitalist societies have been
enslaved with ‘chains of gold’: the material trappings of consumer capitalism
have hidden the raw nature of exploitation to some degree, but capitalism is still
inimical to the development of human potential in a condition of true freedom.
John Rawls
Defending social democracy in A Theory of Justice (1971), John Rawls argued
for liberty in an unequal society. He stated that every person has a right to the
greatest possible liberty concomitant with the same degree of liberty allowed
to others. Liberty is defined in rather narrow terms: freedom of speech and
movement, and participation in the democratic system. Rawls also stressed
the importance of each person having adequate material resources to enjoy
their liberty. He did not argue for material equality, only the existence of suffi-
cient material resources for all. To Rawls, freedom, not equality, is the
paramount priority in politics. Freedom must not be sacrificed in order to
achieve a higher degree of material equality. Nevertheless, Rawls argued for
the existence of a welfare state to ensure that the poorest in society have the
resources to attempt to achieve their greater freedom.
This may seem a very clear-cut distinction. But it is extremely rare that one’s
actions do not have an effect on others. For example, suicide may be thought
the ultimate act of individual freedom; whatever other constraints exist on
one’s freedom one retains the power of deciding to take one’s own life; no other
individual will be injured. However, family, friends and the social networks in
which the individual exists will be deeply affected by a person’s suicide.
Smoking, to give another example, may damage only one’s own health, but
does drain health service resources that might be used elsewhere, so smoking
cannot be considered in isolation from the social consequences of one’s actions.
To Mill, constraints on individuals are only justifiable if they are needed to
protect others from harm. What is immediately apparent is the problem of
defining the nature of ‘harm’. Sometimes the definition of harm is so wide that
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it can be used to excuse any constraint. Most pornography, blasphemy and film
violence for entertainment may not involve harming others directly, but one
might claim that long-term harm to individuals and society arises from lack of
restraint in these areas. Freedom must, to Mill, involve not infringing the
rights and freedoms of other people. Indeed, all Western democracies are
founded on this principle, although the problems of its practical application
are the stuff of modern political debate.
Although Mill’s concept of liberty has been very influential throughout the
English-speaking world in particular, and Western democratic societies in
general, its universal validity is open to doubt. Severely disciplined societies
can also nurture love of truth, integrity and individualism, as witness Ancient
Sparta, Medieval Islam and Calvinist Switzerland during the sixteenth
century. One must point out that the concept of individual freedom is a rather
modern one. Few people before the nineteenth century would have defined
freedom in terms used by Mill or modern liberals.
Isaiah Berlin
In Two Concepts of Liberty (1958) Isaiah Berlin took up the long-standing ideas
of ‘positive freedom’ (or ‘freedom to’ act) and ‘negative freedom’ (or ‘freedom
from’ external restraint).
Positive freedom
This entails people having a choice about their actions. Usually what we
choose to do is what we want to do, but this is not always the case as choices
may be determined by internalised attitudes to social duties, what is the right
thing to do, linked with freedom of conscience. Hence, a very strong
component of positive freedom is the idea of humans being able to strive to
reach their full potential. Positive freedom implies individuals’ capacity to
assert their individuality by means of reason. To enhance their opportunities,
education is vital; the state may give poor people financial and other aid
towards this end, as late nineteenth-century New Liberals, and modern
liberals and socialists have advocated.
Positive freedom reflects the desire of the individual to use his/her own power
and reason to assert themselves against the mass of other people, to stand out,
to strive to achieve their full potential. Self-discipline is a key element in this
view of freedom, involving the suppression of aspects of one’s character that
might interfere with the achievement of the higher self. Positive freedom
involves testing one’s own limits and the constraints society places upon one.
Successful people in all walks of life see freedom in such terms and not in the
rather uninspiring negative form of being simply left alone.
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However, positive freedom does have its detractors. Those individuals who are
able to achieve their higher self by assertion of positive freedom are often
unsympathetic to others who, for whatever reason, are unable or unwilling to
pursue a life devoted to self-discovery. All too often positive freedom enables
the few to develop iconic status and dominate others. History is littered with
oppression and coercion inflicted by people who claimed to have achieved
their ‘higher self’ above those they deemed to be
‘inferior’. The positive freedom of the few may libertarian
involve the extinction of the freedom of the many One who puts a very high value
as the history of nationalism, communism, on freedom of the individual.
Extreme libertarians argue for
fascism and religion demonstrates. the removal of the state from
almost all areas of social and
One might argue that the libertarian pursuit of economic life, including health,
power and success, associated with the concept of drug control, education and
positive liberty, is fundamentally immoral as it even policing.
inevitably involves the assertion of the power of
some people over others. One might, however, counter that positive freedom
does not involve such crude forms of self-assertion. Positive freedom when
exercised with reason can liberate people from the pursuit of tawdry baubles
to pursue a ‘higher self’ and goals that do not involve mere pomp and display.
Negative freedom
This is a view of freedom particularly strong among English philosophers.
Liberty cannot be unlimited; law and custom set limits to freedom and give it
shape and meaning. Negative freedom is usually defined as the absence of
restrictions, usually legal, on one’s freedom to act. Restrictions on freedom
must, in this view, be human restrictions and not the consequence of some
natural incapacity or inability to achieve a goal. Under ideas of negative
freedom people are free to do whatever they desire so long as there is no law
or widely accepted standard of public behaviour forbidding them, but laws
and customs must exist to provide some framework within which liberty might
be enjoyed. Liberty should be for all and not just for a few.
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People, under negative freedom, have the right to choose options. They must
have as large an area of private life, free of state control or influence, as is
concomitant with public order and this should include freedom of religious views
and opinion, freedom of expression and freedom over property. These areas
should be as free from state interference as possible, as they constitute what
humans cannot give up without offending against the essence of human nature.
Some have argued that negative liberty is rather unsatisfactory as an ideal of
freedom. ‘Freedom from restraint’ lacks the inspiration that positive freedom
can offer to the poor and oppressed to expand their human potential. One
could argue that even some kinds of tyranny might be compatible with negative
liberty: a liberal-minded despot may allow his oppressed people to have large
areas of freedom within the private sphere, so long as they obey the state.
The ideas of positive and negative freedom are not mutually exclusive. Their
practical application to the affairs of society should ensure that freedom
becomes more than a theoretical construct.
creates the kind of political culture in a society, the effectiveness of the rule of
law, and the commitment to freedom among its citizens. Anarchists, for
example, argue that the state has no right to interfere with individual liberty,
while fascists, on the other hand, claim that individuals can only know true
freedom when they identify their individual interests with the state. These are
two extremes in the debate on individual liberty. Most political debate on this
issue falls between these two positions. The greater good of the community
may require that some individuals make sacrifices, sacrifices that are imposed
by the state. Some such issues associated with freedom and the state can be
addressed in the following examples:
• conscription and conscientious objection;
• state acquisition of private property;
• civil disobedience and terrorism.
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Where civil disobedience has had most impact as a defence of liberty is when
it has been attuned to the aims and objectives of large numbers of people.
Perhaps the most effective example of campaigning civil disobedience in
pursuit of freedom is that organised by Mahatma Gandhi and the Indian
Congress Party for national freedom during the 1930s and 1940s. However,
Freedom 99
enjoy their freedom, without recourse to law. However, they can become a
source of oppression, imposing restrictions on individual liberty that cannot be
challenged in courts of law but are none the less keenly felt. This may be seen
in school bullying, the shunning of individuals believed to be somehow ‘odd’
or ‘eccentric’ by their ‘normal’ neighbours, or ‘group-think’ and pressures to
conform to the crowd: all are examples of the fundamental fragility of liberty
in social groups.
Restrictions on liberty are needed to avoid licence. Constraints are always
required in society to ensure the existence of freedom for all. Licence is not the
same thing as liberty. Licence is a lack of restraint, an abuse of freedom, a lack
of control and proportion in one’s actions. It is a failure to be aware of the ways
in which one’s actions affect others (however much they may appear initially
only to affect oneself), the consequence of which is the erosion of real liberty.
For example, there are desirable social restrictions on displays of emotions
such as anger, irritation and love – emotions which do not attract legal
sanctions themselves but which can infringe the freedom of others by creating
fear or embarrassment. While one might question the motives of campaigners
for censorship in the arts and information, one might also question the
benefits to society of pornography, violence in film and television, or the idea
that swearing is some fundamental expression of free speech. In themselves
such actions might be regarded as harmless, but they may corrode standards
of behaviour and damage the sense of living in a free and balanced society,
where respect for others is an important element in social relations.
Moral and political principles directly determine a person’s attitudes to liberty.
One should not confuse liberty of thinking with liberty of talking. The latter
can be legally restrained; the former cannot. As we have seen in relation to the
Stoics, the development of a strong set of internal moral values can be the
basis of freedom. One might be able to be free in one’s own mind even in the
most oppressive state and society. However, state and society have many ways
in which the private world of the mind can be colonised and ultimately
controlled by the values of the oppressor. The neat distinction between the
private world of the mind and the public world of society is not today as clear
as was once believed. Modern psychology identified the roots of personality,
modern totalitarian regimes have demonstrated the political means of control
that can be established, and modern advertising techniques mould and manip-
ulate people’s thoughts in favour of values that support capitalist businesses.
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Summary
Freedom is a popular cause, and, at first glance, an easy concept to grasp.
However, as soon as we begin to think of whose ‘freedom’, to do what, matters
become more complex. What limits, for example, should there be to freedom
of expression? Does personal freedom imply economic freedom? Is private
property a precondition of political freedom? A number of political philoso-
phers have been concerned with freedom, among the most important being
John Stuart Mill and Isaiah Berlin. Mill propounded a theory of what has
become known as ‘negative freedom’, or freedom from external constraints,
centred on the principle of the ‘sovereign individual’. In his view the citizen
should be completely free to do whatever they want, unrestrained by state or
law, with the key proviso that what they do does not harm others. Berlin
pointed out that for many people freedom was a mere abstraction, of no
relevance to their actual lives. To correct this deficiency, positive freedom has
been proposed – that is, the provision by public authorities of the material
requirements such as healthcare and education that would enable all citizens
to enjoy genuine freedom. Generally speaking, the attitude in the English-
speaking world has been to regard the state as the main potential threat to
freedom, a viewpoint reinforced by the experience of twentieth-century dicta-
torships. Left-wing thinkers have usually argued that the state has a more
positive role to play in the promotion of freedom.
Freedom remains an issue of contemporary relevance. Areas of controversy
include the degree to which the state can legitimately curtail its citizens’
rights; how far the citizen can justifiably resist the commands of the state; and
to what degree a free society depends not on constitutional arrangements but
on widely shared cultural values and moral principles. For some, the twenty-
first century has already witnessed the decisive victory of freedom. Others are
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SAMPLE QUESTIONS
4 Is liberty unattainable?
5 ‘Far from inhibiting freedom, state intervention can in fact enhance it.’ Discuss.