Law of equal liberty

Last updated

The law of equal liberty is the fundamental precept of liberalism and socialism. [1] Stated in various ways by many thinkers, it can be summarized as the view that all individuals must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. [2] While socialists have been hostile to liberalism, which is accused of "providing an ideological cover for the depredation of capitalism", scholars have stated that "the goals of liberalism are not so different from those of the socialists", although this similarity in goals has been described as being deceptive due to the different meanings liberalism and socialism give to liberty, equality and solidarity, including the meaning, implications and norms of equal liberty derived from it. [3] [4]

Contents

Definition

In his Second Treatise of Government (1689), [5] John Locke wrote: "A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty." [6]

In "A Full Vindication of the Measures of the Congress", written in 1774, [7] Alexander Hamilton wrote: "All men have one common original, they participate in one common nature, and consequently have one common right. No reason can be assigned why one man should exercise any power over his fellow creatures more than another, unless they voluntarily vest him with it." [8] In Social Statics (1851), [9] Herbert Spencer defined it as a natural law "that every man may claim the fullest liberty to exercise his faculties compatible with the possession of like liberty to every other man." [10] Stated another way by Spencer, "each has freedom to do all that he wills provided that he infringes not the equal freedom of any other." [11] [12] [13] American individualist anarchist and libertarian socialist Benjamin Tucker defined equal liberty as "the largest amount of liberty compatible with equality and mutuality of respect, on the part of individual's living in society, for their respective spheres of action." [14]

Proponents and views

Georgism

Equal right of land

In 1775, Thomas Spence published a pamphlet titled Rights of Man [15] based on the law of equal liberty and stressed the equal right to land. According to Spence, we have equal rights to land as we have equal rights to life and liberty. To deny to some people this right "is in effect denying them a right to live. For the right to deprive anything of the means of living, supposes a right to deprive it of life." [16]

In 1795, Thomas Paine wrote Agrarian Justice , [17] stating: "Liberty and property are words that express every thing we possess that is not of an intellectual quality. Property is of two kinds. First, natural property, or that which is of the Creator's making, as Earth, Air, and Water. Secondly, artificial or acquired property, or that which is of man’s making or producing. Of this there can be no equality, because, in order to participate equally, it is first necessary that every man produces it equally, which is never the case; and if it were every man keeping his own, would be the same as participation. The equality of natural property is the subject treated of in this work. Every person born into the world is born the rightful proprietor of a certain species of property, or the value thereof." [18]

In Social Statics, Herbert Spencer based his political philosophy on the law of equal liberty. He pointed out that denying an equal right to use land could result in non landers being evicted from the planet and contradicts the law of equal freedom. This point was made further by land reformists especially championed by Henry George in Progress and Poverty , [19] where he sought to address this by preferably taxing land values. [20] George disagreed with Spencer that the equal right to use land implied that land should be nationalized. George criticized Spencer's lack of adherence to his own conclusions in A Perplexed Philosopher [21] and stated that equal right to use land does not imply the joint-ownership of land, therefore all that is necessary to achieve the law of equal freedom was to tax land with a land value tax which would disincentivise landbanking. [22]

Socialism

Equal liberty

Anarchism and socialism's idea of equal liberty rests on political, social and economic equality of opportunity. [23] Saul Newman's equal liberty is "'the idea that liberty and equality are inextricably linked, that one cannot be had without the other'. They both belong to the category of emancipation, they mutually resonate, and they are situated in a collective context. Equality does not come secondary to liberty, as usually happens under the liberal reading; the demand for it goes beyond the formal equality of rights and there is no tension between the two, no separation and conflict between individuals as passive recipients within society. Liberty is collective, as is its realization, being shared instead of diminished and being 'only imaginable in the contest of the liberty of all', and accompanied also by social and economic equality. The principle of equal-liberty is an 'open-ended horizon that allows for endless permutations and elaborations. Moreover, it is closer to anarchist political ethics: transcending the socialist as well as the liberal tradition, it entails that liberty and equality cannot be implemented within the state, and it interrogates all forms of domination and hierarchy." [24]

Mikhail Bakunin, who famously proclaimed that "[w]e are convinced that freedom without Socialism is privilege and injustice, and that Socialism without Freedom is slavery and brutality", [25] stated that "I am truly free only when all human beings, men and women, are equally free. The freedom of other men, far from negating or limiting my freedom, is, on the contrary, its necessary premise and confirmation." [23] Benjamin Tucker's notion of equal liberty implies that "each person is equally free to pursue his or her self-interest, and is bound only by 'a mutuality of respect.'" [14] Tucker stated that this is a contract or social convention rather than a natural right, writing: "Now equal liberty itself being a social convention (for there are no natural rights), it is obvious that anarchism recognizes the property of compelling individuals to regard one social convention. But it does not follow from this that it recognizes the propriety of compelling individuals to regard any and all social convention. Anarchism protects equal liberty (of which property based on labor is simply an expression in a particular sphere), not because it is a social convention, but because it is equal liberty, that is, because it is anarchism itself." [14] Tucker stated that equal liberty should be protected through voluntary association rather than through government because the latter is the negation of equal liberty. [14]

According to John F. Welsh, equal liberty is "an absolute or first principle for Tucker since it appears as a core concept in all of his writing. He makes it abundantly clear that equal liberty is inextricably tied to his notions of both anarchism and self-ownership. Tucker equates equal liberty with anarchism." [14] Although claiming that equal liberty is a social construction rather than a natural right, Tucker "infuses the notion with the rhetoric of rights, including the concepts of duty and compulsion." [14] For Tucker, people have "a duty to respect each other's rights, assuming the word 'right' to be used in the sense of the limit which the principle of equal liberty logically places upon might", referencing Max Stirner's egoist anarchism. [14] In addition, "man's only duty is to respect others' 'rights'" and that "man's only right over others is to enforce that duty." [14] Welsh states that Tucker based his notions of equal liberty on "the distinction between invasion and resistance, between government and defense." [14] Tucker used the term invasion to refer to the "line inside of which liberty of action", i.e. positive liberty, "does not conflict with others' liberty of action." [14]

For Paul Eltzbacher, people have the right to resist invasion and defend or protect their personal liberty. Eltzbacher wrote that "[t]he individual has the right to repel invasion of his sphere of action." [14] According to Welsh, Tucker proposed that "the law of equal liberty be given some teeth through the creation of 'defensive associations' that would act coercively on behalf of the anarchistic principle of equal liberty, prohibiting and demanding redress for invasive acts." [14] Richard P. Hiskes states in Community Without Coercion: Getting Along in the Minimal State that "the criticism of individualism for its alleged lack of communal sentiment is false: individualism as a means of political organization is capable of preserving individual liberty and providing for the welfare of all persons in society." [26]

See also

Related Research Articles

<span class="mw-page-title-main">Anarcho-capitalism</span> Political philosophy and economic theory

Anarcho-capitalism is an anti-statist, libertarian political philosophy and economic theory that seeks to abolish centralized states in favor of stateless societies with systems of private property enforced by private agencies, based on concepts such as the non-aggression principle, free markets and self-ownership. Anarcho-capitalist philosophy extends the concept of ownership to include control of private property as part of the self, and, in some cases, control of other people as private property. 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 involving the voluntary exchange of goods and services. In a theoretical anarcho-capitalist society the system of private property would still exist, as it would be enforced by private defense agencies and/or insurance companies selected by property owners, whose ownership rights or claims would be enforced by private defence agencies and/or insurance companies. These agencies or companies would operate competitively in a market and fulfill the roles of courts and the police, similar to a state apparatus. Some anarcho-capitalist authors have argued that slavery is compatible with anarcho-capitalist ideals.

Individualist anarchism is the branch of anarchism that emphasizes the individual and their will over external determinants such as groups, society, traditions, and ideological systems. Although usually contrasted with social anarchism, both individualist and social anarchism have influenced each other. Mutualism, an economic theory sometimes considered a synthesis of communism and property, has been considered individualist anarchism and other times part of social anarchism. Many anarcho-communists regard themselves as radical individualists, seeing anarcho-communism as the best social system for the realization of individual freedom. Some anarcho-capitalists claim anarcho-capitalism is part of the individualist anarchist tradition, while others disagree and claim individualist anarchism is only part of the socialist movement and part of the libertarian socialist tradition. Economically, while European individualist anarchists are pluralists who advocate anarchism without adjectives and synthesis anarchism, ranging from anarcho-communist to mutualist economic types, most American individualist anarchists of the 19th century advocated mutualism, a libertarian socialist form of market socialism, or a free-market socialist form of classical economics. Individualist anarchists are opposed to property that violates the entitlement theory of justice, that is, gives privilege due to unjust acquisition or exchange, and thus is exploitative, seeking to "destroy the tyranny of capital, — that is, of property" by mutual credit.

Individualism is the moral stance, political philosophy, ideology and social outlook that emphasizes the intrinsic worth of the individual. Individualists promote realizing one's goals and desires, valuing independence and self-reliance, and advocating that the interests of the individual should gain precedence over the state or a social group, while opposing external interference upon one's own interests by society or institutions such as the government. Individualism makes the individual its focus, and so starts "with the fundamental premise that the human individual is of primary importance in the struggle for liberation".

<span class="mw-page-title-main">Self-ownership</span> Concept of property in ones own person

Self-ownership is the concept of property in one's own body, often expressed as the moral or natural right of a person to have bodily integrity meaning the exclusive right to control one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this. Since the legal norm of property title claim incapacitates other people from claiming property title over the same resource at the same time, the right to control or interfere with one's own body in any arbitrary way is secured. Anarcho-capitalism defines self-ownership as the exclusive right to control one's body as long as the owner does not aggress upon others, leading to the concept of the sovereign individual. In Minarchism the 'exclusive right' is understood by separating the 'liberty-to' from the 'liberty-from' where for each person the 'liberty-to' is restricted by all the 'liberty's-from' of others, effectively subjecting the 'liberty-to' to the ban on the usage of force. Thereafter self-ownership means the exclusive right to control one's body insofar considering action between inhabitants and not involving the state, making it roughly a pacifist morality only among inhabitants. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism and liberalism.

<span class="mw-page-title-main">Liberty</span> Creation and experience of societal freedom

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views.

Anarchist economics is the set of theories and practices of economic activity within the political philosophy of anarchism. Many anarchists are anti-authoritarian and anti-capitalist, with anarchism usually referred to as a form of libertarian socialism, i.e. a stateless system of socialism. Anarchists support personal property and oppose capital concentration, interest, monopoly, private ownership of productive property such as the means of production, profit, rent, usury and wage slavery which are viewed as inherent to capitalism.

The nature of capitalism is criticized by left-wing anarchists, who reject hierarchy and advocate stateless societies based on non-hierarchical voluntary associations. Anarchism is generally defined as the libertarian philosophy which holds the state to be undesirable, unnecessary and harmful as well as opposing authoritarianism, illegitimate authority and hierarchical organization in the conduct of human relations. Capitalism is generally considered by scholars to be an economic system that includes private ownership of the means of production, creation of goods or services for profit or income, the accumulation of capital, competitive markets, voluntary exchange and wage labor, which have generally been opposed by most anarchists historically. Since capitalism is variously defined by sources and there is no general consensus among scholars on the definition nor on how the term should be used as a historical category, the designation is applied to a variety of historical cases, varying in time, geography, politics and culture.

Mutualism is an anarchist school of thought and economic theory that advocates for workers' control of the means of production, a market economy made up of individual artisans and workers' cooperatives, and occupation and use property rights. As proponents of the labour theory of value and labour theory of property, mutualists oppose all forms of economic rent, profit and non-nominal interest, which they see as relying on the exploitation of labour. Mutualists seek to construct an economy without capital accumulation or concentration of land ownership. They also encourage the establishment of workers' self-management, which they propose could be supported through the issuance of mutual credit by mutual banks, with the aim of creating a federal society.

Left-libertarianism, also known as 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. Its classical usage refers to anti-authoritarian varieties of left-wing politics such as anarchism, especially social anarchism, communalism, and libertarian Marxism, collectively termed libertarian socialism. A portion of the left wing of the green movement, including adherents of Murray Bookchin's social ecology, are also generally considered left-libertarian.

<span class="mw-page-title-main">Equality before the law</span> Judicial principle

Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery.

Right-libertarianism, also known as libertarian capitalism, or right-wing libertarianism, is a libertarian political philosophy 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 property and income. 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, the non-aggression principle, and a major reversal of the modern welfare state.

Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary and harmful as well as opposing authority and hierarchical organization in the conduct of human relations. Proponents of anarchism, known as anarchists, advocate stateless societies based on non-hierarchical voluntary associations. While anarchism holds the state to be undesirable, unnecessary and harmful, opposition to the state is not its central or sole definition. Anarchism can entail opposing authority or hierarchy in the conduct of all human relations.

Individualist anarchism in the United States was strongly influenced by Benjamin Tucker, Josiah Warren, Ralph Waldo Emerson, Lysander Spooner, Pierre-Joseph Proudhon, Max Stirner, Herbert Spencer and Henry David Thoreau. Other important individualist anarchists in the United States were Stephen Pearl Andrews, William Batchelder Greene, Ezra Heywood, M. E. Lazarus, John Beverley Robinson, James L. Walker, Joseph Labadie, Steven Byington and Laurance Labadie.

Libertarianism is variously defined by sources as there is no general consensus among scholars on the definition nor on how one should use the term as a historical category. Scholars generally agree that libertarianism refers to the group of political philosophies which emphasize freedom, individual liberty and voluntary association. Libertarians generally advocate a society with little or no government power.

Egoist anarchism or anarcho-egoism, often shortened as simply egoism, is a school of anarchist thought that originated in the philosophy of Max Stirner, a 19th-century philosopher whose "name appears with familiar regularity in historically orientated surveys of anarchist thought as one of the earliest and best known exponents of individualist anarchism". Egoist anarchism places the individual at the forefront, crafting ethical standards and actions based on this premise. It advocates personal liberation and rejects subordination, emphasizing the absolute priority of self-interest.

Individualist anarchism in Europe proceeded from the roots laid by William Godwin and soon expanded and diversified through Europe, incorporating influences from individualist anarchism in the United States. Individualist anarchism is a tradition of thought within the anarchist movement that emphasize the individual and his or her will over external determinants such as groups, society, traditions, and ideological systems. While most American individualist anarchists advocate mutualism, a libertarian socialist form of market socialism, or a free-market socialist form of classical economics, European individualist anarchists are pluralists who advocate anarchism without adjectives and synthesis anarchism, ranging from anarcho-communist to mutualist economic types.

Social anarchism, also known as left-wing anarchism or socialist anarchism, is the branch of anarchism that sees liberty and social equality as interrelated.

<span class="mw-page-title-main">Benjamin Tucker</span> American individualist anarchist (1854–1939)

Benjamin Ricketson Tucker was an American individualist anarchist. Tucker was the editor and publisher of the American individualist anarchist periodical Liberty (1881–1908). Tucker described his form of anarchism as "consistent Manchesterism" and stated that "the Anarchists are simply unterrified Jeffersonian Democrats."

<span class="mw-page-title-main">Pierre-Joseph Proudhon</span> French politician, philosopher, anarchist and socialist (1809–1865)

Pierre-Joseph Proudhon was a French socialist, politician, philosopher, and economist who founded mutualist philosophy and is considered by many to be the "father of anarchism". He was the first person to declare himself an anarchist, using that term, and is widely regarded as one of anarchism's most influential theorists. Proudhon became a member of the French Parliament after the Revolution of 1848, whereafter he referred to himself as a federalist. Proudhon described the liberty he pursued as "the synthesis of community and property". Some consider his mutualism to be part of individualist anarchism while others regard it to be part of social anarchism.

Anarchism and libertarianism, as broad political ideologies with manifold historical and contemporary meanings, have contested definitions. Their adherents have a pluralistic and overlapping tradition that makes precise definition of the political ideology difficult or impossible, compounded by a lack of common features, differing priorities of subgroups, lack of academic acceptance, and contentious historical usage.

References

  1. Newman, Saul (2011). Politics of Postanarchism (reprint ed.). Edinburgh: Edinburgh University Press. p. 21. ISBN   9780748654161.
  2. Propp, Steven H. (2002). Inquiries: Philosophical: How and Why Do People Disagree?. Bloomington. p. 139. ISBN   9781475900538.
  3. Boyd, Tony; Harrison, Kevin, eds. (2003). Understanding Political Ideas and Movements. Manchester, England: Manchester University Press. pp. 3–4. ISBN   9780719061516.
  4. Anton, Anatole; Schmitt, Richard (2012). Taking Socialism Seriously. Lanham, Maryland: Lexington Books. pp. 220–222. ISBN   9780739166352.
  5. Locke, John (1821) [1689]. "II". Second Treatise of Government. Whitmore and Fenn, and C. Brown. p. 189.
  6. Hittinger, John (2002). Liberty, Wisdom, and Grace: Thomism and Democratic Political Theory (illustrated ed.). Lanham: Lexington Books. p. 101. ISBN   9780739104125.
  7. Hamilton, Alexander (15 December 1774). "A Full Vindication of the Measures of the Congress". National Archives of Founders Online. In Syrett, Harold C., ed. (1961). The Papers of Alexander Hamilton. 1 (1768–1778). New York: Columbia University Press. pp. 45–78.
  8. White, Morton (1989). Philosophy, The Federalist, and the Constitution (reprint ed.). Oxford: Oxford University Press. p. 28. ISBN   9780195363074.
  9. Spencer, Herbert (1851). "Chapter 4". Social Statics: Or, the Conditions Essential to Human Happiness Specified, and the First of Them Developed. London: Chapman.
  10. Sprading, Charles (2015). Liberty and the Great Libertarians (illustrated ed.). Auburn: Mises Institute. p. 214. ISBN   9781610161077.
  11. Offer, John (2000). Herbert Spencer: Critical Assessments (illustrated ed.). IV. London: Taylor & Francis. p. 82. ISBN   9780415181877.
  12. Shah, Part J., ed. (2004). Morality of Markets. New Delhi: Academic Foundation. p. 92. ISBN   9788171883660.
  13. Pierson, Christopher (2020). Just Property: Property in an Age of Ideologies. III. Oxford: Oxford University Press. p. 63. ISBN   9780191090790.
  14. 1 2 3 4 5 6 7 8 9 10 11 12 Welsh, John F. (2010). Max Stirner's Dialectical Egoism: A New Interpretation (illustrated ed.). Lanham: Rowman & Littlefield. p. 129. ISBN   9780739141564.
  15. Spence, Thomas (1793) [1775]. Rights of Man. Newcastle upon Tyne: The Philosophical Society. Retrieved 1 October 2020 – via Thomas Spence Society.
  16. Hampsher-Monk, Iain, ed. (2005). The Impact of the French Revolution: Texts from Britain in the 1790s (illustrated ed.). Cambridge: Cambridge University Press. p. 278. ISBN   9780521570053.
  17. Paine, Thomas; Pratt, Julian; Spence, Thomas (2017). [1795]. Agrarian Justice. Earthsharing Devon. ISBN   9780244600006. Archived 25 July 2019 at the Wayback Machine . Retrieved 1 October 2020 – via Earthsharing Devon.
  18. Paine, Thomas; Pratt, Julian; Spence, Thomas (2017). [1795]. Agrarian Justice. Earthsharing Devon. p. 23. ISBN   9780244600006. Archived 25 July 2019 at the Wayback Machine . Retrieved 1 October 2020 – via Earthsharing Devon.
  19. George, Henry (1879). Progress and Poverty: An Enquiry Into the Cause of Industrial Depressions, and of Increase of Want with Increase of Wealth. The Remedy. London: K. Paul, Trench & Company.
  20. Wenzer, Kenneth C. (1997). An Anthology of Single Land Tax Thought (illustrated ed.). Rochester: University of Rochester Press. ISBN   9781878822925.
  21. George, Henry (1879). A Perplexed Philosopher. New York: Doubleday, Page & Company.
  22. Smith, George H. (2 July 2013). "Herbert Spencer, Henry George, and the Land Question". Libertarianism. Retrieved 1 October 2020.
  23. 1 2 Jun, Nathan (2011). Anarchism and Political Modernity (illustrated ed.). London: A&C Black. p. 124. ISBN   9781441166869.
  24. Egoumenides, Magda (2014). Philosophical Anarchism and Political Obligation. New York: Bloomsbury Publishing USA. p. 90. ISBN   9781441124456.
  25. Garner, Jason (2016). Goals and Means: Anarchism, Syndicalism, and Internationalism in the Origins of the Federación Anarquista Ibérica. Oakland: AK Press. ISBN   9781849352260.
  26. Hiskes, Richard P. (1982). Community Without Coercion: Getting Along in the Minimal State. Newark: University of Delaware Press. ISBN   9780874131789.

Bibliography

Further reading