Liberty Flashcards
Who are humanity’s sovereign master’s according to Bentham?
“Nature has placed mankind under the governance of two sovereign masters, pain and pleasure.”
What is the effect of pleasure and pain?
“They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it.” (Bentham)
What was the society of the ancients like according the Constant?
“The priests enjoyed unlimited power. The military class or nobility had markedly insolent and oppressive privileges; the people had no rights and no safeguards.”
What was liberty like for the ancients?
“The people, however, exercised a large part of the political rights directly. They met to vote on the laws and to judge the patricians against whom charges had been levelled: thus there were, in Rome, only feeble traces of a representative system. This system is a discovery of the moderns” (Constant)
What is the liberty of the moderns?
“the right to be subjected only to the laws, and to be neither arrested, detained, put to death or maltreated in any way by the arbitrary will of one or more individuals. It is the right of everyone to express their opinion, choose a profession and practise it, to dispose of property, and even to abuse it; to come and go without permission, and without having to account for their motives or undertakings.” (Constant)
What was the liberty of the ancients?
“exercising collectively, but directly, several parts of the complete sovereignty; in deliberating, in the public square, over war and peace; in forming alliances with foreign governments; in voting laws, in pronouncing judgements; in examining the accounts, the acts, the stewardship of the magistrates; in calling them to appear in front of the assembled people, in accusing, condemning or absolving them.” (Constant)
What was the impact of ancient liberty on the individual?
“complete subjection of the individual to the authority of the community. You find among them almost none of the enjoyments which we have just seen form part of the liberty of the modems. All private actions were submitted to a severe surveillance. No importance was given to individual independence, neither in relation to opinions, nor to labour, nor, above all, to religion.” (Constant)
What was the individual in public and private in the ancient world?
“Thus among the ancients the individual, almost always sovereign in public affairs, was a slave in all his private relations.” (Constant)
How do the moderns use their public freedoms?
“His sovereignty is restricted and almost always suspended. If, at fixed and rare intervals, in which he is again surrounded by precautions and obstacles, he exercises this sovereignty, it is always only to renounce it.” (Constant)
What did the ancients not have?
A “notion of individual rights” (Constant)
What is the relationship between commerce and war for Constant?
“War and commerce are only two different means of achieving the same end, that of getting what one wants.”
What is the first cause of the different sorts of liberty?
The size of a country and the number of its inhabitants - “The most obscure republican of Sparta or Rome had power. The same is not true of the simple citizen of Britain or of the United States.” (Constant)
What allowed ancients to participate in their liberty and has been lost to the moderns?
“the abolition of slavery has deprived the free population of all the leisure which resulted from the fact that slaves took care of most of the work. Without the slave population of Athens, 20,000 Athenians could never have spent every day at the public square in discussions.” (Constant)
What effect does commerce have on modern liberty?
It keeps people preoccupied and fills their time instead of exercising political freedom like the moderns.
What does commerce give to moderns that it did not to Ancients?
“Finally, commerce inspires in men a vivid love of individual independence. Commerce supplies their needs, satisfies their desires, without the intervention of the authorities.” (Constant)
What are the reasons why ancient liberty cannot exist in modern times?
Large populations
No slaves
Commerce - which takes up time and provide people with what they need
How does Constant describe individuals in modern times percieving political rights in contrast to the ancients?
“Lost in the multitude, the individual can almost never perceive the influence he exercises. Never does his will impress itself upon the whole; nothing confirms in his eyes his own cooperation. “
What do the moderns cherish more than the ancients now?
“It follows that we must be far more attached than the ancients to our individual independence. For the ancients when they sacrificed that independence to their political rights, sacrificed less to obtain more; while in making the same sacrifice, we would give more to obtain less.”
What do the ancients and moderns call liberty?
“The aim of the ancients was the sharing of social power among the citizens of the same fatherland: this is what they called liberty. The aim of the modems is the enjoyment of security in private pleasures; and they call liberty the guarantees accorded by institutions to these pleasures.”
What is the first need of the moderns and that cannot be sacrificed?
“Individual independence is the first need of the moderns: consequently one must never require from them any sacrifices to establish political liberty.”
What do modern men wish for according to Constant?
“We are modem men, who wish each to enjoy our own rights, each to develop our own faculties as we like best, without harming anyone”
What do moderns need from the state?
“needing the authorities only to give us the general means of instruction which they can supply, as travellers accept from them the main roads without being told by them which route to take.” (Constant)
Whatis the true modern liberty according to Constant and what is its guarantee?
“Individual liberty, I repeat, is the true modern liberty. Political liberty is its guarantee, consequently political liberty is indispensable.”
What are the other names for modern and anicent liberty?
Civil and political liberty
What sort of political (ancient) liberty do moderns possess?
“We still possess today the rights we have always had, those eternal rights to assent to the laws, to deliberate on our interests, to be an integral part of the social body of which we are members.” (Constant)
Has modern liberty replaced and eradicated ancient liberty?
No, ancient liberty has changed?
What is needed to protect modern liberty according to Constant?
“Hence, Sirs, the need for the representative system. The representative system is nothing but an organization by means of which a nation charges a few individuals to do what it cannot or does not wish to do herself. Poor men look after their own business; rich men hire stewards.” This is the history of ancient and modem nations.”
What does the representative system allow modern individuals to do?
“in order to enjoy the liberty which suits them, resort to the representative system, must exercise an active and constant surveillance over their representatives, and reserve for themselves, at times which should not be separated by too lengthy intervals, the right to discard them if they betray their trust, and to revoke the powers which they might have abused.”
So do moderns have any sort of anicent liberty according to Constant?
Yes, the representatative system is a new types of ancient and political liberty, but it is used to protect the true sort of liberty - that of the individual
What is the dangers of the two types of liberty?
“The danger of ancient liberty was that men, exclusively concerned with securing their share of social power, might attach too little value to individual rights and enjoyments. The danger of modem liberty is that, absorbed in the enjoyment of our private independence, and in the pursuit of our particular interests, we should surrender our right to share in political power too easily.”
Constant
“And where should we find guarantees, without political liberty? To renounce it, Gentlemen, would be a folly like that of a man who, because he only lives on the first floor, does not care if that house itself is built on sand.”
What does Constant call for?
“Therefore, Sirs, far from renouncing either of the two sorts of freedom which I have described to you, it is necessary, as I have shown, to learn to combine the two together.”
How did conception of liberty in britain change?
“This chapter is devoted to British liberalism in the latter part of the nineteenth century. These years have commonly been viewed as an era of transition. Mid-Victorian liberalism has been widely seen as individualistic, and suspicious of state intervention. The close of the century, however, saw the emergence of a new liberalism, which departed from the earlier individualism, and advocated an enhanced role for state action.” (Thompson)
What did human nature desire for Mill?
“He argued in The Subjection of Women that, after material necessities, ‘freedom is the first and strongest want of human nature’, and that social duty and freedom were mutually reinforcing in civilised communities which embraced ‘the liberty of each to govern his conduct by his own feelings of duty, and by such laws and social restraints as his own conscience can subscribe to’ “ (Thompson)
What liberal view resonated in Victorian britain?
“Mill’s view that political participation and the freedom to pursue one’s own ends were parts of a whole resonated widely in mid-Victorian Britain. Rooted in radical accounts of aristocratic power and the value of ‘independence’, popular liberalism in the 1860s and 1870s attributed great importance both to widespread involvement in politics, not least through the suffrage, and to reducing the scope of the feudal state. The former was regarded as essential to achieving the latter.” (Thompson)
How was voting seen by liberal in the nineteenth century?
“Millian links were made between liberty and the vote. Radicals such as G. J. Holyoake connected freedom with assent, whether direct or indirect, to the laws and compared the voteless to slaves “ (Thompson)
How did freedom come to be defined in the nineteenth century?
“Green’s championing of real freedom led him to insist that ‘when we speak of freedom as something to be so highly prized, we mean a positive power or capacity of doing or enjoying something worth doing or enjoying’. It is this stress upon freedom as dependent upon a positive power to act that was most significant in late nineteenth-century debates.” (Thompson)
What was central to the new liberal arguements of the nineteenth century?
“In his introduction to Samuel’s restatement of liberal principles of 1902, Herbert Asquith argued that freedom ‘in its true meaning’ could not be confined to the removal of constraints, as ‘the true significance of Liberty’ lay in enabling individuals ‘to make the best use of faculty, opportunity, energy, life’. This realisation, he suggested, was apparent in liberalism’s new emphasis upon ‘education, temperance, better dwellings, an improved social and industrial environment’. The claim that social reform extended opportunity, and thus increased freedom, was central to new liberal argument.” (Thompson)
What role did Mill see for the state in freedom?
“Mill was concerned in particular to demonstrate the range of state action that was non-coercive. He noted the role that government could play in fostering rather than dictating outcomes, not least by the provision of information.” (Thompson)
What did changing notions of liberty lead to in the nineteenth century?
“The late nineteenth and early twentieth centuries witnessed a protracted discussion amongst liberals about representative government. The scope of the franchise, the role of the second chamber and the relationship between parties, representatives and voters were keenly contested. Debate was accompanied by and contributed to significant changes in the boundaries of the franchise, the powers of the House of Lords and the relationship between executive and legislature.” (Thompson)
What was the public opinion seen as in nineteenth century liberal debates?
“Political notions of ‘public opinion’ rarely treated the public as synonymous with the population as a whole. The ranks of the political public were often defined, as by Mill in 1848, in terms of reading and debate. This intellectualist way of conceiving of the public was apparent in mid-century discussion of the intelligent artisan, and inflected later debate about women and the suffrage. These portraits of the public often placed, in Aristotelian fashion, middle-class male opinions at its core. “ (Thompson)
Why did women not need the vote according to Dicey?
“More interestingly, some anti-suffragists, such as Dicey, argued that since women already contributed to the formation of public opinion, they had no need for the vote” (Thompson)
What was the fourth component of the english constitution?
“There was broad acceptance amongst liberals of the claim that ‘public opinion’ was the fourth component of the constitution.” (Thompson)
What did some liberals call for in nineteenth century britain in order to allow people to be a part of the community?
“Some new liberals, including Hobson and Hobhouse, defended the right to a minimum income, which while building on the established notion of a right to life, defined the living wage in terms of the ability to participate fully in the life of the community” (Thompson)
When were ancient and modern civilisations?
“Ancient civilization and culture (both Sismondi and his translator used the two words interchangeably) began with the Greeks. Modern civilization and culture, on the other hand, began with the combined legacies of both the Romans and the Germans.” (Michael Sonenscher)
What did modern and ancient liberty aim at according to Sismondi?
““The liberty of the ancients, like their philosophy,” Sismondi wrote at the end of the final volume of his History, “had virtue as its goal. The liberty of the moderns, like their philosophy, proposes no more than well-being (bonheur).” As the pronouncement implied, the obvious inference was to combine the two. This, Sismondi continued, was why “the legislator should no longer lose sight of the security of the citizen and those guarantees that the moderns have made into a system. But he should also remember that it is important to find ways to promote citizens’ greater moral development.”” (Sonenscher)
How does Michael Sonenscher describe ancient and modern liberty?
“Ancient liberty subordinated the private to the public and set the concerns of the citizen above those of the individual. Modern liberty did the opposite, subordinating the public to the private and promoting the concerns of the individual above those of the citizen.”
What did Constant and Sismondi and Constant seek to do according to Sonenscher?
“As with Sismondi, the point of the lecture was to call for a new synthesis of the two types of liberty so that private liberty would be complemented by public liberty, while the freedom of the individual would be matched by the freedom of the citizen. Although the point has sometimes been missed, liberty on Constant’s terms was, therefore, a synthesis of both the ancient and the modern.”
What was central to nineteenth century political thought on liberty?
“the question of how the idea of self-development could be connected to a form of freedom that was a synthesis of ancient and modern liberty, were central components of nineteenth-century moral, philosophical, and political thought” (Sonenscher)
How was ancient and modern liberty to be combined for Constant and Sismondi?
“Today, it is usual to associate both the subject and the concept of the division of labour with Adam Smith, productivity, and the history of economic thought. For both Sismondi and Constant, however, it was equally possible to associate the idea with the concept of perfectionnement because the idea of the division of labour could refer as much to the development of individual talents and abilities as to the increase of manufacturing capability and economic productivity.” (Sonenscher)
How did Proudhon link liberty to labour?
““Negative liberty, whether simple or physical, he [meaning Fourier] said, is the lot of the poor or someone with a very small revenue, meaning the strictly necessary or a military ration. Someone in this condition could have a very active physical liberty because he is not forced to go to work as is the case with a worker deprived of all revenue. He is, for example free to go to the opera, but to get in to the opera you have to have money and so he will have to stand at the opera door. For all his pride in the fact that he is a free man, he has no more than a mirage of social liberty. He is no more than a passive member of society.”” (Sonenscher)
Was it enough for people to be negatively free for thinkers in the nineteenth century?
“in 1831, the German Catholic Franz Baader argued that both types of liberty were prerequisites of the combination of centralization and decentralization that he hoped would be established in France after the revolution of July 1830. “It is not enough,” he wrote, “if two citizens are negatively free in relation to one another, or if their spheres of activity do not collide and they do not prevent one another from existing or acting. It is also necessary that they mutually help and serve one another to support one another and reach an emancipated existence.”” (Sonenscher)
What did representation do to political liberty?
“Representation, seen like this, took political liberty out of political society, leaving no more than civil liberty.” (Sonenscher)
What does the principle of utility do?
“The principle of utility recognises this subjection, and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of reason and of law.” (Bentham)
What is the purpose of legislation for Bentham?
“It has been shown that the happiness of the individuals, of whom a community is composed, that is their pleasures and their security, is the end and the sole end which the legislator ought to have in view: the sole standard, in conformity to which each individual ought, as far as depends upon the legislator, to be made to fashion his behaviour.” (Bentham)
What are ethics for Bentham?
“Ethics at large may be defined, the art of directing men’s actions to the production of the greatest possible quantity of happiness, on the part of those whose interest is in view. “
What are private ethics for Bentham?
“Ethics, in as far as it is the art of directing a man’s own actions, may be styled the art of self-government, or private ethics”
What is government for Bentham?
“As to other human beings, the art of directing their actions to the above end is what we mean, or at least the only thing which, upon the principle of utility, we ought to mean, by the art of government: which, in as far as the measures it displays itself in are of a permanent nature, is generally distinguished by the name of legislation”
What is the link between private ethics and legislation for Bentham?
“Now private ethics has happiness for its end: and legislation can have no other. Private ethics concerns every member, that is, the happiness and the actions of every member of any community that can be proposed; and legislation can concern no more. Thus far, then, private ethics and the art of legislation go hand in hand. The end they have, or ought to have, in view, is of the same nature. The persons whose happiness they ought to have in view, as also the persons whose conduct they ought to be occupied in directing, are precisely the same”
What is prudence for Bentham?
“Ethics then, in as far as it is the art of directing a man’s actions in this respect, may be termed the art of discharging one’s duty to one’s self: and the quality which a man manifests by the discharge of this branch of duty (if duty it is to be called) is that of prudence”
Where is legislation not needed generally for Bentham?
“Of the rules of moral duty, those which seem to stand least in need of the assistance of legislation, are the rules of prudence. It can only be through some defect on the part of the understanding, if a man be ever deficient in point of duty to himself.”
What is the limit of legislation for Bentham?
“It is plain, that of individuals the legislator can know nothing: concerning those points of conduct which depend upon the particular circumstances of each individual, it is plain, therefore, that he can determine nothing to advantage. It is only with respect to those broad lines of conduct in which all persons, or very large and permanent descriptions of persons, may be in a way to engage, that he can have any pretence for interfering; and even here the propriety of his interference will, in most instances, lie very open to dispute. At any rate, he must never expect to produce a perfect compliance by the mere force of the sanction of which he is himself the author.”
What doe private athics and legislation teach?
“Private ethics teaches how each man may dispose himself to pursue the course most conducive to his own happiness, by means of such motives as offer of themselves: the art of legislation (which may be considered as one branch of the science of jurisprudence) teaches how a multitude of men, composing a community, may be disposed to pursue that course which upon the whole is the most conducive to the happiness of the whole community, by means of motives to be applied by the legislator.” (Bentham)
What is the community and what are its interests for Bentham?
“The community is a fictitious body, composed of the individual persons who are considered as constituting as it were its members. The interest of the community then is, what?—the sum of the interests of the several members who compose it. “