Free society

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The term free society is used frequently by American libertarian theorists to denote a society in which their ideal political, legal and economic aims are in effect. [1] [2] [3]

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In a theoretical free society, all individuals act voluntarily, having the freedom to obtain the power and resources to fulfill their own potential. Adlai Stevenson defined free societies as a society in which individuals find it "safe to be unpopular". [4] Others, such as Chandran Kukathas, described a free society as dependent upon the "principle of freedom of association". [5] Cindy Cohn has argued that the freedom to have a "private conversation" is "central to a free society". [6]

These interpretations can also be elaborated in terms of freedom of speech – if people have a right to express their views without fear of arrest, imprisonment, or physical harm. In a free society, individuals would organize in voluntary associations, including free market and communal societies. Individuals would gain more prosperity due to the lack of restrictions on trade and wealth creation.

Economic freedom

As a citizen among a free society, one would have the ability to organize in voluntary associations such as the free market. This freedom of choice is key to establishing a free society and individuals would gain more prosperity due to lack of restrictions on trade. The role of government regarding these freedoms is also vital to a free society. Early proponents of the free market, such as James Madison, "understood that getting the rules right and allowing markets to expand would increase personal and economic freedom". [7] [ full citation needed ] Further, there has been much debate regarding the level of state involvement in the market as there was a strong belief in the 19th century that "the market should be seen as a self-regulating mechanism and that the state's role was to remove itself as far as possible from intervening in it or regulating it". [8]

The ideal supporting this self-regulation is known as laissez-faire , in which the government creates regulations for the sole purpose of protecting property rights against theft and aggression while allowing the market to self-regulate. Adam Smith is quoted saying that in a free society "every man, as long as he does not violate the laws of justice is perfectly free to pursue his own interest his own way, and to bring both his industry and capital into competition with those of any other order of men". [9] The reasoning for desiring reduced government regulation has come from the view that "the protection of the masses has in all times been the pretence of tyranny – the plea of monarchy, of aristocracy, of special privilege of every kind [...] slave owners justified slavery as protecting the slaves". [10]

While It has been argued that free society should consist of low government involvement and regulation, arguments do remain to the contrary. It has been suggested that in a society that involves free market large governments and their involvement is a good thing as it ensures social justice as well as equality. While this view does exist "the truth is that while the [2008] economic crisis may have created an opening for a more active government and increased scepticism about the desirability of unrestrained free markets, supporters of an activist state have yet to offer a coherent and compelling argument in its favour". [11] As such, the current free market view holds that government regulations shall be kept at a minimum, existing solely to protect its citizens and their property rights from harm. While recent debate has recurred regarding this issue, this remains the consensus when referring to free market.

Freedom of speech

Freedom of speech is the freedom to speak freely without censorship or limitation. [12] Although it varies from one country to another, freedom of speech established a formal acknowledgement by the laws of most nations. [8] The European Enlightenment was the cause of freedom of speech. In 1689, England's Bill of Rights granted "freedom of speech in Parliament". In 1789, the French Revolution declared the Rights of Man and of the Citizen. Freedom of speech was explicitly declared as an undeniable right. [8] Years later, freedom of speech was followed by challenges and limitations. These challenges and limitations include offensiveness, agitation, speech that involves looming lawless action, commercial speech and child pornography. [8] Along with the freedom of speech rises the hate speech which is any kind of speech or act that may display violence or prejudicial actions against a single person or group. This type of speech has been forbidden and categorized as a deviance act or crime. [13]

According to the Brandenburg v. Ohio (1969) landmark decision, the Supreme Court discarded the previous test of "clear and present danger", ruling that an American citizen right to freedom of (political) speech is almost absolute. [14] The court ruled that the government could not constitutionally punish abstract advocacy of force or law violation. In another Supreme Court ruling, hate speech was also determined to be protected by the First Amendment in the United States as decided in R.A.V. v. City of St. Paul (1992) in which the court ruled that hate speech is permissible except in the case of imminent violence. [15] The case involved the hateful crime of a 14-year old white boy who illegally burned a cross on the lawn of the only African American family in a St. Paul, Minnesota neighborhood. The state law improperly prosecuted the boy for the motivation of his actions rather than on his criminal behavior, seeking to punish the youth for the content of his message and not for his criminal actions. Some of the legal principles cited in the R.A.V. v. City of St. Paul case involved the free speech protection that prevents the government from proscribing speech, [16] or even expressive conduct, [17] because of disapproval of the ideas expressed. [18] Historically, governments have attempted to impede free speech by arbitrarily defining unpopular speech as dangerous or threatening to society, designating what is and what is not acceptable. Such laws are often "used by politically powerful factions to suppress speech that criticizes them" and "can be abused for political ends". [19]

Freedom of religion

Freedom of religion is defined as the right to practice religion in public or private. [20] This also includes having full freedom to convert religion or to not follow a religion at all. This is also known as "freedom from religion". In 1791, the First Amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". There are two parts to the language that assures the freedom of religion. The first part is Establishment Clause, which was created to forbid the federal government from proclaiming and supporting a national religion financially. [21] The second part is the Free Exercise Clause, which states "Congress cannot prohibit the free exercise of religious practices". Some parts of the world, such as Myanmar, lack the existence of religious freedom. [12]

See also

Principles

Political systems

Other

Related Research Articles

Anarcho-capitalism is a political philosophy and economic theory that advocates the elimination of centralized states in favor of free markets, private property and the right-libertarian interpretation of self-ownership. In the absence of statute, anarcho-capitalists hold that society tends to contractually self-regulate and civilize through participation in the free market which they describe as a voluntary society. Anarcho-capitalists support wage labour and believe that neither protection of person and property nor victim compensation requires a state. In a theoretical anarcho-capitalist society, the system of private property would still exist and be enforced by private defense agencies and insurance companies selected by customers which would operate competitively in an open market and fulfill the roles of courts and the police.

Classical liberalism is a political ideology and a branch of liberalism which advocates civil liberties under the rule of law with an emphasis on economic freedom. Closely related to economic liberalism, it developed in the early 19th century, building on ideas from the previous century as a response to urbanisation and to the Industrial Revolution in Europe and North America.

Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. Freedom of Association, The Essentials of Human Rights describes the right as coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of Association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.

Civil libertarianism is a strain of political thought that supports civil liberties, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority. Civil libertarianism is not a complete ideology—rather, it is a collection of views on the specific issues of civil liberties and civil rights.

The marketplace of ideas is a rationale for freedom of expression based on an analogy to the economic concept of a free market. The marketplace of ideas holds that the truth will emerge from the competition of ideas in free, transparent public discourse and concludes that ideas and ideologies will be culled according to their superiority or inferiority and widespread acceptance among the population. The concept is often applied to discussions of patent law as well as freedom of the press and the responsibilities of the media in a liberal democracy.

Self-ownership, also known as sovereignty of the individual or individual sovereignty, is the concept of property in one's own person, expressed as the moral or natural right of a person to have bodily integrity and be the exclusive controller of one's own body and life. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism, liberalism, and anarchism.

Liberty Ability of individuals to have agency

Broadly speaking, liberty is the ability to do as one pleases. It is a synonym for the word freedom. In modern politics, liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behaviour, or political views. In philosophy, liberty involves free will as contrasted with determinism. In theology, liberty is freedom from the effects of "sin, spiritual servitude, [or] worldly ties". Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Freedom is more broad in that it represents a total lack of restraint or the unrestrained ability to fulfill one's desires. For example, a person can have the freedom to murder, but not have the liberty to murder, as the latter example deprives others of their right not to be harmed. Liberty can be taken away as a form of punishment. In many countries, people can be deprived of their liberty if they are convicted of criminal acts.

Anarchism and capitalism

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Left-libertarianism, also known as egalitarian libertarianism, left-wing libertarianism or social libertarianism, is a political philosophy and type of libertarianism that stresses both individual freedom and social equality. Left-libertarianism represents several related yet distinct approaches to political and social theory. In its classical usage, it refers to anti-authoritarian varieties of left-wing politics such as anarchism, especially social anarchism, whose adherents simply call it libertarianism. In the United States, it represents the left-wing of the libertarian movement and the political positions associated with academic philosophers Hillel Steiner, Philippe Van Parijs and Peter Vallentyne that combine self-ownership with an egalitarian approach to natural resources. This is done to distinguish libertarian views on the nature of property and capital, usually along left–right or socialist–capitalist lines.

Right-libertarianism type of libertarianism supporting capitalist property rights and private natural resources

Right-libertarianism, also known as libertarian capitalism or right-wing libertarianism, is a political philosophy and type of libertarianism that supports capitalist property rights and defends market distribution of natural resources and private property. The term right-libertarianism is used to distinguish this class of views on the nature of property and capital from left-libertarianism, a type of libertarianism that combines self-ownership with an egalitarian approach to natural resources. In contrast to socialist libertarianism, right-libertarianism supports free-market capitalism. Like most forms of libertarianism, it supports civil liberties, especially natural law, negative rights and a major reversal of the modern welfare state.

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The following outline is provided as an overview of and topical guide to libertarianism, a political philosophy that upholds liberty as its principal objective. As a result, libertarians seek to maximize autonomy and freedom of choice, emphasizing political freedom, voluntary association and the primacy of individual judgment.

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Freedom of speech Right to communicate ones opinions and ideas

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used.

Economic liberalism Capitalism that prioritizes individuals as consumers over collective institutions or NGOs

Economic liberalism is a political and economic philosophy based on strong support for a market economy and private property in the means of production. Although economic liberals can also be supportive of government regulation to a certain degree, they tend to oppose government intervention in the free market when it inhibits free trade and open competition. Economic liberalism has been described as representing the economic expression of liberalism.

<i>FEC v. National Conservative PAC</i> United States Supreme Court case

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References

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  2. The Journal of Libertarian Studies , 11:2 (Summer 1995): 132-181
  3. The Atlas Society. "Government Financing in a Free Society"
  4. Adlai E. Stevenson (1952-10-07). "Speech in Detroit".
  5. Chandran Kukathas, The Liberal Archipelago: A Theory of Diversity and Freedom, Oxford University Press, 2003, p. 4
  6. Cindy Cohn, “With the latest WikiLeaks revelations about the CIA – is privacy really dead?”, Olivia Solon, The Guardian, March 9, 2017
  7. Dorn, J. A. (2012). "The Scope of Government in a Free Society." CATO Journal, 32(3), 629–642
  8. 1 2 3 4 Jackson, B. (2010). "At the Origins of Neo-Liberalism: The Free Economy and the Strong State, 1930–1947." Historical Journal, 53(1), 129-151
  9. Buder, Stanley. Capitalizing on Change: A Social History of American Business. Chapel Hill: University of North Carolina Press, 2009. Print., additional text.
  10. Bonaparte, T. H. (1989). "George on Free Trade, At Home and Abroad: The American Economist and Social Philosopher Envisioned a World Unhindered in Production and Exchange." American Journal of Economics & Sociology, 48(2), 245., additional text.
  11. Sabeel Rahman, K. (2011). "Conceptualizing the Economic Role of the State: Laissez-Faire, Technocracy, and the Democratic Alternative." Polity, 43(2), 264–286. doi:10.1057/pol.2010.29, additional text.
  12. 1 2 , additional text.
  13. [Nockleby, John T. (2000), “Hate Speech,” in Encyclopedia of the American Constitution, ed. Leonard W. Levy and Kenneth L. Karst, vol. 3. (2nd ed.), Detroit: Macmillan Reference US, pp. 1277-1279. Cited in "Library 2.0 and the Problem of Hate Speech," by Margaret Brown-Sica and Jeffrey Beall, Electronic Journal of Academic and Special Librarianship, vol. 9 no. 2 (Summer 2008)], additional text.
  14. Anthony Lewis, Freedom for the Thought That We Hate: A Biography of the First Amendment, Basic Books, 2007, p. 124
  15. ABA Division for Public Education: Students: Debating the "Mighty Constitutional Opposites: Hate Speech Debate" Archived 2016-10-13 at the Wayback Machine
  16. Cantwell v. Connecticut, 310 U.S. 296 (1940)
  17. Texas v. Johnson, 491 U.S. 397 (1989)
  18. 505 U.S. at 382
  19. Michael W. McConnell, “You Can’t Say That: ‘The Harm in Hate Speech,’ by Jeremy Waldron,” The New York Times, June 22, 2012
  20. , additional text.
  21. , additional text.