The Communal Basis of Swiss Liberty

This article examines the relationship between liberty and itscommunal basis in Switzerland. The author identifies the basiccultural values shared by the Swiss that have served to guaranteea republican form of government. These values are an expectationof "nonpersonalized" government and a preference for small-scaleorganization. These, together with the multilingual compositionof the country, have combined to produce Swiss republicanismfrom which liberty is a byproduct. More recently, the Swissnotion of liberty has evolved from communal liberty into onethat is oriented toward individual rights, which has also certainnegative implications.     

Political liberty and social development: An empirical investigation

Liberty is not only economic; it is political. Whether the economic system promotes social development is one question. Whether the political system promotes social development is another question. The empirical investigations indicate that for the world political liberty has a small, though significant relationship with the level of social development.By investigating groupings of alternative economic systems, it is clear that global policies to increase political liberty will not necessarily bring about desired results. In the Socialist, Mixed Socialist, and Capitalist-Statist countries political liberty appears to have virtually no relationship with social development. An increase in political liberty without an increase in economic liberty is even associated with lower levels of social development.     

The Covenantal Basis for the Development of Swiss Political Federalism: 1291-1848

This study argues that the modern political philosophy of federalismis directly linked to the Swiss Reformed idea of religious covenant,which was first formulated in the 1520s and 1530s by HeinrichBullinger in Zürich. Bullinger's concept of religious covenanthad roots both in the Old Testament and in the early federalideal and reality that had come out of the Swiss Middle Ages;it therefore had important social and political implicationsas well as theological meaning. During the sixteenth and earlyseventeenth centuries, this theological idea of federalism fedinto and helped to create the modern political concept of federalism,especially in the thought of Philippe Duplessis-Mornay and JohannesAlthusius. Political federalism became a reality in the Constitutionof the United States in the late eighteenth century. The Swissfederal Constitution of 1848 was instructed by the mature conceptof political federalism, by the Constitution of the United States,and by the long tradition of Swiss federalism. All of theseinfluences had some basis in the uniquely Swiss idea of religiouscovenant.     

Communal Democracy and Liberal Democracy: An Outside Friend's Look at the Swiss Political Tradition

This article offers a brief overview of the history of Swisscommunal liberty. The author traces the development of key conceptsand practices, especially the use of covenant, that were employedto strengthen and expand the federation. The author then explainshow the cultural background of the peoples that settled Switzerlandcontributed to the formation of the polity. In a comparativeanalysis between liberal democracy and communal democracy, theauthor notes that the struggle to synthesize the conflict betweenthe theories and practices of these two forms of democracy hasbeen at the heart of Swiss politics for the last 200 years.     

Do Animals Have an Interest in Liberty?

Proponents of justice for animals often argue that non-human animals have an interest in liberty. Furthermore, they usually claim that this animal interest in liberty is intrinsic rather than instrumental; that is to say, liberty is regarded to be good for animals in itself, irrespective of its contribution to the achievement of other goods, such as pleasure. For this reason they argue that legislating to improve welfare standards in zoos, circuses, laboratories and agriculture is inadequate. Instead, they claim that such practices are analogous to human slavery, necessarily harmful and must be abolished. In this article I refute this assertion and claim that for most animals, their interest in liberty can only ever be instrumental. In doing so I outline and reject two different arguments in favour of an intrinsic animal interest in liberty: first, that liberty is an intrinsic interest of animals because they possess preference autonomy; and second, that it is good for animals to be free, where freedom is defined as the ability to exercise one's natural functionings. I conclude that most animals do not possess an intrinsic interest in liberty because they are not autonomous in the relevant sense; that is, they cannot frame, revise and pursue their own conception of the good. If my conclusion is correct, this would have important effects on our obligations to non-human animals. I end the article by introducing some of these possible implications. Specifically, I propose that for most animals, our obligations do not consist of liberating them, and that it might be permissible to use and interfere with animals more often than other proponents of justice for animals have suggested. If this is the case, not all of the ways we keep and use animals need to be abolished. Nevertheless, many need to be reformed to improve welfare standards.     

Demokratisierung und Freiheitsstreben: Die Perspektive der Humanentwicklung

Much of the literature on democratic transitions presumes that mass attitudes are important for the consolidation of democracies but not for the process of democratization. We challenge this premise on the basis of human development theory. From the perspective of this theory, democratization is an emancipative achievement that should be fuelled by broader emancipative forces among the population. Using the Values Surveys we measure these emancipative forces by people’s liberty aspirations, showing that mass liberty aspirations have a causal effect on a society’s democratic development. No other factor, not GDP/capita and not social capital, can explain away the effect of liberty aspirations on democratization. We conclude that human development theory illuminates emancipative forces in democratization that have so far been neglected.     

Democratization as an emancipative process: The neglected role of mass motivations

Abstract.  Despite major differences, prevailing approaches in democratization research have one thing in common: they downplay the role of mass attitudes. This article criticizes the neglect of mass attitudes, arguing that it ignores the very essence of democratization. In light of human development theory, democratization is essentially an emancipative process, for it manifests human freedom by empowering people with civil and political rights. From this premise, the author concludes that democratization should be driven by emancipative forces in the population and that these forces are reflected in particular mass attitudes: liberty aspirations. Based on evidence from the Values Surveys, the analyses show that more widespread liberty aspirations facilitate progress and impede regress in the process of democratization. No other indicator – including GDP/capita and social capital – outperforms the effect of liberty aspirations on democratization. The article concludes that human development theory is useful because its emphasis on people empowerment highlights something that has been ignored in the democratization literature: emancipative motivational forces in the population.     

“人民自由”何以可能--从消极自由理论说起

贡斯当的“古代人的自由与现代人的自由”是近现代西方消极自由理论的重要基础;伯林的“消极自由与积极自由”以个人自由为出发点,落脚到制约国家权力的宪法制度设计上;德沃金和罗尔斯的自由理论返回法的形而下,试图寻找国家权力在个人自由实现中发挥积极作用的可行路径;中国传统自由观强调权力与自由的关系,以严复为代表的近现代自由话语开始触及自由的主体性、平等性等法治要素。中国共产党从人民立场出发的自由理论及其实践表明,“人民自由”吸收借鉴经验自由主义和理性自由主义合理因素,吸取中国传统自由观优秀基因,整合自由与平等、自由与公正、自由与法治的关系,形成了个人自由与国家权力同生共在、相互促进、共同发展的有序格局。     

Hobbes's Liberty and Skinner's Discontent

This article questions the plausibility of the interpretation of Hobbes's liberty that Quentin Skinner articulates in Hobbes and Republican Liberty . It argues that Skinner's book fails to prove two of the three claims it must uphold: the 'textual accuracy claim' and his 'methodological claim'. This article maintains that understanding Hobbes's use of liberty in Leviathan according to his definition of 'corporall liberty', as Skinner does, ignores many of Hobbes's claims that invoke liberty outside the beginning of chapter 21, resulting in a one-dimensional reading of Hobbes.     

Mill, Liberty and the Facts of Life

This paper examines John Stuart Mill's discussion of economic liberty and individual liberty, and his view of the relationship between the two. It explores how, and how effectively, Mill developed his arguments about the two liberties; reveals the lineages of thought from which they derived; and considers how his arguments were altered by political economists not long after his death. It is argued that the distinction Mill drew between the two liberties provided him with a framework of concepts which legitimized significant government intervention in economic matters without restricting individual liberty.     

John Locke and the Limits of Religious Liberty: Marriage License Refusal,Religious Freedom Laws,Vaccine Refusal,Contraception Mandate Exemptions,and Ultrasound Requirements

Nearly two hundred fifty years into its existence, the American polity faces a conundrum over a core founding principle: religious liberty. Multiple debates have emerged over the extent and limits of religious liberty, including arguments over how far any one person’s religious liberty extends into the public sphere as well as into the private lives of other citizens. Highly influential on James Madison’s crafting of the First Amendment, John Locke’s Letter Concerning Toleration outlines a strong conception of both religious toleration and of religious liberty. In the “Letter,” Locke’s reasoning is sympathetic to the concerns and convictions of believers while remaining cognizant of the calamities to which religious differences can give rise. Further, he provides a robust explication of the mutually exclusive domains of ecclesiastical and civil authorities, now known more colloquially as the division of church and state. In the following article, I illustrate how the principles put forth by Locke offer guidance in adjudicating religious liberty claims in the cases of Kim Davis, religious freedom laws, vaccine refusal, contraception mandate exemptions, and ultrasound requirements.     

'To Secure the Blessings of Liberty': Liberty and American Federal Democracy

The founding and subsequent development of the United Stateshave been characterized by a tension between two kinds of liberty,which can be called natural liberty and federal liberty. Naturalliberty refers to the freedom of individuals to do as they pleasewithout being shackled by civil society. Federal liberty refersto the liberty to be a partner in establishing the covenantfounding civil society, and then the liberty to live accordingto the terms of the covenant. Federal liberty has taken twoforms in America: one concerning the relationship between individualsand civil society, and one concerning the relationship betweenthe states and the federal government under the U.S. Constitution.Out of the tension between natural and federal liberty, thereemerged two constitutional traditions: the U.S. constitutionaltradition, which has emphasized individualism and the marketplace,and the state constitutional tradition, which has emphasizedcommunity and commonwealth. Since the end of World War II, however,there has been a shift away from historic syntheses of marketplaceand commonwealth. Increasingly, the states have been deniedtheir constitutional powers to support any particular moralorder other than that of the marketplace, and the federal governmenthas undertaken to establish a new morality of equality for thenation as a whole.     

A Difference-Centred Alternative to Theorization of Children's Citizenship Rights

The “rights revolution” has become a central feature of modern political consciousness and has resulted in a proliferation of theories about children's rights. Yet mainstream liberal theories in which children's rights are theorized rarely take children's rights as citizens seriously, due to the normative stance of liberal theories that construct children in terms of “not-yet-citizens”. This article argues for a difference-centred theory of children's citizenship rights by situating the analysis within feminist, anti-racist, gay, lesbian and transgendered theories of citizenship that are difference-centred. It discusses an alternative, difference-centred, articulation of children's citizenship rights through an analysis of their rights of liberty and equality. Through a broadening of liberal, normative notions of liberty defined around exercising individuated autonomous decision-making or the participation in citizenry duties, the article re-defines children's rights of liberty in relational terms that addresses their agency and acknowledges their presence as participating subjects in the multiple relationships in which they interact. It also re-articulates their rights of equality from a mainstream liberal interpretation of “equality-as-same” to one that treats children as “differently equal” members of the public culture in which they are full participants. Normative social institutional practices and assumptions become the focus of the analysis, which concludes that these have to change as they act as barriers that exclude and marginalize children's citizenship rights on the basis of their difference (real and constructed) from an adult norm assumed of citizens.     

How Terrorism Upsets Liberty

As terrorism increasingly penetrates Western democracies, liberals and libertarians are obliged to ask themselves whether contending with it justifies restricting civil liberty and, if so, to what extent. Neither personal security nor individual liberty is ever fully realised – both are a matter of degree – and they are often perceived as being at odds with each other. Hence it has been suggested that we reconsider the existing trade-off between them, or reassess their 'rate of exchange'. While such questions are sometimes raised by left-leaning liberals, they are in fact particularly acute for liberals on the right, or libertarians, who would normally resist any increase in government intervention. Right-wingers who advocate 'hands off' policies on all other occasions now call for an increase in government intervention as regards security measures. Many left-liberals, on the other hand, are reluctant to concede any further power to the state in order to combat terrorism.     

The 'Taking Liberties' Exhibition at the British Library

The British Library is currently staging an exhibition, Taking Liberties, on the history of liberty and democracy in Britain. This article reviews the exhibition. Its verdict is that the BL has done an outstanding job. As well as displaying a wide range of original documents, and providing an enticing means of interaction for visitors, the exhibition reminds us that liberty continues to evolve and its meaning continues to be contested. By showing how the evolution of liberty in Britain has taken centuries, rather than decades, it also reminds us that when we rightly criticise newer democracies for their imperfections, we should remember that the liberties of their citizens have evolved at a far faster rate than we ever achieved.     

Self-respect and public reason

In A Theory of Justice John Rawls argues that self-respect is ‘perhaps the most important’ primary good, and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show that this understanding of self-respect goes well beyond giving support to the lexical priority of liberty, also supporting Rawls’s still more controversial view of public reason. On my account, taking self-respect seriously requires the coercive enforcement of public reason. This is a novel argument for public reason, in that it grounds the idea in justice as fairness and mandates its coercive enforcement.     

Democracy in an Age of Tragedy: Democracy,Tragedy and Paradox

Abstract

Democracy and tragedy captured a delicate poise in ancient Athens. While many today perceive democracy as a finite, unquestionable and almost procedural form of governance that glorifies equality and liberty for their own sake, the Athenians saw it as so much more. Beyond the burgeoning equality and liberty, which were but fronts for a deeper goal, finitude, unimpeachability and procedural norms were constantly contradicted by boundlessness, subversion and disarray. In such a world, where certainty and immortality were luxuries beyond the reach of humankind, tragedy gave comfort and inspired greatness. The purpose of this article is to draw explicit links between democracy, tragedy and paradox. Given that tragedy's political ascendancy coincided with the birth of democracy in ancient Athens, we may assume that democracy was somehow, if not implicitly, tragic. But what was it that made democracy and tragedy speak so intimately to each other and to the Athenians who created them? The answer, at least the one which this article entertains, is paradox.     

Ranking economic liberty across countries

We have constructed a number of summary indexes of economic liberty based on principal component and hedonic weighting techniques. While overall these indexes are related to each other in a statistical sense, there are sufficient differences among them to impact the rankings of the individual countries. Because the liberty indicators currently available for use are fairly coarse, the differences that these weighting techniques yield in the summary liberty indexes are understated. As research on liberty yields finer measures of the liberty indicators, the choice of the weighting technique will become more crucial in defining an overall measure of economic liberty. As Table 3 indicates, the simple overall ranking index we created summarizes the information content of all the other indexes (based on hedonic, data variance, etc. rationale) and appears to be very robust with respect to all of them. In addition, all the rankings indicate that economic growth and RGDP are positively correlated with the level of economic liberty within a nation.     

Integrating ‘new polities’ into ‘old polities’: The Swiss party elite

This article offers a new approach to the important question of ‘New Polities’. After discussing various interpretations of the phenomenon, it proposes a conceptualisation on the basis of empirical data drawn from a study of the Swiss party élite. These data show that a New Politics dimension can effectively be measured, and that the ‘left‐right’ axis can be considered to represent an almost perfect synthesis between ‘Old’ and ‘New’ politics.     

'The Form Most Eligible': Liberty in the Constitutional Convention

Although the framers of the U.S. Constitution agreed that thefirst principles stated by the Declaration of Independence werefundamental, they thought that the form which freedom shouldtake within the Constitution could not be discovered by a resortto natural rights (and thus declined to affix a bill of rightsto the Constitution). They rejected both the view that libertyis independence (whether of individuals or of states) and theview that liberty is equivalent to the rule of the people. Instead,they held a political view of freedom in which liberty is understoodas the scope men have for political action. The institutionsthey designed direct the use of liberty to the common good.In light of this analysis, the issue of whether the Constitution'sprovisions concerning slavery and its treatment of women areindications of an inadequate view of liberty can be answeredin the negative.