and finally

1
and finally

• 5) Conservatism stifles progress
• Burkes closed society does not allow for
  existing moral and social paradigms to be
  challenged as this would lead to instability.
• Pinchin uses the example of clashes between
  science and the church.
• If moral certainty is to be preserved then the
  outcome of such an exchange may not be the truth.

• 6) Inaccurate diagnosis of human nature?
• Burke has little faith in mans capability as a
  rational animal this forms the basis of his
  rejection of Enlightenment thought. Instead he
  argues that humans are governed by emotion
  instinct.
• Yet, is he right to be so sceptical? Liberals
  such as Mill will argue that individuals are able
  to apply reason in order to work out what is best
  for them. NB Liberalism is very much an
  Enlightenment project.
• Further, anarchists will also insist that humans
  are capable of self government and should not be
  restricted by external influence.

2
Liberalism

• Many commentators differentiate between
  political and economic liberalism. Economic
  liberalism is sometimes referred to as
  libertarianism and is embraced by most Liberals
  and Conservatives. It advocates proliferation of
  the free market economy. Classical political
  liberalism, as advocated by J S Mill, focuses on
  individual freedom, expressed primarily in terms
  of freedom of speech and action. It is concerned
  with negative freedom, though recent
  manifestations advocate the positive e.g. Welfare
  Liberalism (Rawls Original Position).
  Neo-liberalism is a term associated with the
  promotion of global free trade and rabid
  capitalism (guess where I pin my colours?!)

3
John Locke

• Key Work Two Treatises of Civil Government.
• Ideology Locke believed that the rights of
  individuals to life, liberty and estate come
  before the rights of society. He advocated a
  Social Contract Theory where the individual
  surrenders to the community his natural right to
  enforce the law of nature, in return for the
  preservation of life, liberty and estate by the
  community. Lockes theory of government also
  established the Separation of Powers
  legislative, executive and judicial.

4
Locke Quotes

• "Government has no other end but the
  preservation of property."
• "Where law ends, tyranny begins."
• The end of law is not to abolish or restrain,
  but to preserve and enlarge freedom. For in all
  the states of created beings capable of law,
  where there is no law, there is no freedom.
• All mankind... being all equal and independent,
  no one ought to harm another in his life, health,
  liberty or possessions.
• Every man has a property in his own person. This
  nobody has a right to, but himself.
• Not hugely relevant, but one I like! -Education
  begins the gentleman, but reading, good company
  and reflection must finish him.

5
The significance of law

• Each individual is aware of natural laws that
  include the right to liberty, equality, and
  self-preservation.
• Natural Laws are ordained by God and understood
  by all rational beings.
• Yet, each man will interpret the natural law
  differently, some using it to justify personal
  vendettas/ambition.
• As such, a social contract is again required to
  protect.
• Once entered, the social contract is totally
  binding and enforced by law. All who live under
  it are bound by it.
• The contract is established primarily to protect
  individual rights to life, liberty property and
  is enforced by a limited government.
• As Nozick observes, Locke limits the State to
  that of a protection agency.

6
The central importance of Property

• Locke argues that in the state of nature, God
  gave the earth to all human beings.
• Men are free to make use of the earths
  resources.
• All humans are held to own their own bodies.
• When they mix their labour with nature, that
  which they are utilising becomes their property
  and is no longer part of the common store.
  Consequently, humans can claim a natural right to
  property, upheld by the natural law.
• Lockean provisos i) no one should take more than
  they can make use of, ii) one must leave enough
  and as good for others.

7
Some Criticisms

• Nozick argues that it is difficult to justify the
  idea that mixing ones labour with land gives one
  indefinite rights to that land If I own a can
  of tomato juice and spill it in the sea so that
  its molecules mingle evenly throughout the sea,
  do I thereby come to own the sea? (Reductio ad
  absurdum)
• A right to inheritance of that land is even more
  difficult to uphold if all is inherited, how
  can future generations mix their labour?) here
  it would seem that property is theft!
  (Proudhon)
• For Locke, property rights are an integral part
  of human freedom. Inequality simply reflects the
  way in which God rewards the industrious.
• Yet, such inequality surely excludes many from
  the freedoms that Locke appears to hold dear and
  does not satisfy any reasonable doctrine of
  distributive justice.

8
John Stuart Mill

• Committed Utilitarian, economist, activist,
  academic and MP, Mill had a considerable impact
  on the world in which he lived and continues to
  exert significant influence in political thought
  today.
• Despite his obvious distaste for the conservatism
  of his day, modern conservatism exhibits many
  liberal traits particularly economic ones.

The quote in full "I never meant to say that
the Conservatives are generally stupid. I meant
to say that stupid people are generally
Conservative. I believe that is so obviously and
universally admitted a principle that I hardly
think any gentleman will deny it."Letter
9
Combining with Utilitarianism

• For Mill, his concept of freedom is underpinned
  by the principle of utility i.e. the experience
  of liberty inevitably leads to maximal happiness.
  
• This places enormous faith in the individual
  knowing what will make them happy.
• Yet, there is an apparent contradiction here
  Mills writings on democracy suggest that the
  majority of people require representation as they
  do not always know what is good for them.
• Plus his qualitative utilitarianism appears
  paternalistic.
• That said, many critics have also argued that On
  Liberty focuses too much on negative freedom and
  fails to recognise the need to protect
  individuals from exploitation Rawls later seeks
  to address this.

10
Negative Freedom

• The only part of conduct of any one, for which
  he is amenable to society, is that which concerns
  others. In the part, which merely concerns
  himself, his independence is, of right, absolute.
  Over himself, over his own body and mind, the
  individual is sovereign. (On Liberty)
• Mill is obviously more concerned with freedom
  from (negative) rather than freedom to
  (positive).
• The extent to which Mill was prepared to allow
  individual liberty was shocking to his
  contemporaries.
• He advocated the experiment of living which
  serves to enliven both the individual and society
  
• Liberty is also required if society is to resist
  stagnation.

11
The harm principle

• My freedom to swing my fist ends where your face
  begins (Berlin summarising Mill)
• This quote sums up Mills central doctrine that
  the individual has liberty in every aspect of
  existence other than that which causes harm to
  others.
• This emphasises negative, rather than positive
  freedom. Consequently, paternalism is rejected
  (though possible contradiction with writings on
  authority see earlier notes)
• But what is harm? A strong criticism of the harm
  principle is that it fails to make clear what
  counts as harm.
• Physical harm is clear, but what of psychological
  damage?

12
Rights

• Mill agrees with Benthams diagnosis of natural
  nights as nonsense on stilts.
• He argues that freedom is not a natural right,
  but a right born of utilitarian justification
  i.e. reason is required to apply the principle of
  utility to the idea of a free future. It is only
  because freedom is advocated by this principle
  that it should be considered a right.
• NB Bentham believed Utilitarianism to be a
  scientific theory and rejected the idea the
  reason was required to implement it.

13
Freedom of Speech and Action (Fallibility Thesis)

• 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. (On
  Liberty)
• Controversial opinions/actions should never be
  suppressed as
• 1, they may be right
• 2,even if wrong, discussion encourages better
  understanding
• 3, if some truth is contained, discussion will
  enable it to come out.

14
Infallibilism

• Mill claims that any attempt to suppress opinion
  is tantamount to claiming infallibility.
• He held a deep conviction that humans ought to
  pursue the truth and that this could not take
  place unless we open ourselves up to the
  possibility that we may be wrong and allow for
  change.
• Such a vision of the open society would obviously
  not be acceptable to conservatives such as Burke
  or absolutists such as Plato.

15
Gibbs against the infallibility argument

• Gibbs criticises Mills infallibility argument
  to remove freedom of speech infers infallibility.
  He argues that it is acceptable for a ruler to
  protect the public from dangerous opinion e.g.
  that British foreign policy is threatening
  national security.
• A ruler might silence an opinion without
  assuming himself to be infallible, without even
  assuming that he knows this particular opinion to
  be false. He might know it to be true, and
  silence it because it is dangerous.
• Such a perspective obviously runs contrary to
  Mills need for the truth.
• Many would rather be subject to the consequences
  of the truth than have it denied them. (think Tom
  Cruise vs Jack Nicholson in A Few Good Men!)
• For others Ignorance is bliss (think Cypher in
  The Matrix I dont get out much!)

16
Gibbs on truth

• Gibbs also criticises Mills commitment to
  truth
• For Mill, the truth is always better than
  falsehood.
• This seems to contradict Mills commitment to a
  connection between utility and truth.
• Gibbs agrees that the truth is important, but
  claims that it should not take precedence over
  all else One would obviously have the
• Yet, Gibbs fails to show why this is the case.

17
Law

• Mill very much directs his writing in favour of
  legal positivism. Morality is considered to be a
  private affair, not de jure (according to law).
• This stands in contrast to a more conservative
  perspective that advocates the overlapping thesis
  and commitment to a natural law theory.
• Mill also guards against the tyranny of the
  majority social pressure to conform.
  Individuals should not have their freedom of
  speech/expression curtailed by the indignation of
  the masses yes Mark, its alright to wear your
  mums Sunday dress. That said, there is no
  compulsion to approve of the behaviour/words of
  others.

18
Devlin

• Devlins ideas were formed in response to the
  Wolfenden Report (1959) which recommended the
  decriminalisation of homosexuals.
• He argued that the idea of private morality harms
  society.
• Laws must reflect the moral values of citizens
• In this sense, he is advocating an overlapping
  thesis (akin to natural law)
• The law ought to protect against vice!
• Thus, Mills position on freedom of expression is
  challenged though we could argue that Devlin is
  simply redefining the harm principle.

If prostitution isnot the laws business, what
concern has the law with the ponce or the
brothel-keeper?
19
Where to draw the line?

• What counts as harm? Physical violence is
  reasonably clear cut, but what of my subscription
  to Mammoth Melons Monthly?
• For Mill, being offended does not count as harm.
  Does he understate the reality of psychological
  harm? It seems that sustained exposure to
  disturbing imagery can cause significant damage
  to the individual and those around.
• Child psychologist Dr Tanya Byron has recently
  argued for tighter controls on censorship,
  particularly with use of video games.

20
Hart The Concept of Law

• Hart famously reacted to Devlins conservative
  position, claiming that the State has no business
  interfering in peoples personal lives.
• Hart offers a defence of legal positivism. He
  restates Mills position, arguing that the moral
  majority should not be able to suppress
  individual expression.
• Actual harm must be evident and demonstrated by a
  panel of experts before human expression is
  subjugated.
• Is anyone so qualified to offer expert advice
  of this nature?
• To reduce application of the law to cover only
  actual harm may well lead to the continued
  suffering of many. E.g. what of my neighbours
  desire to play Val Doonican LPs at 3am every
  night? do I experience actual harm?

21
Welfare Liberalism

• Key Work John Rawls - A Theory of Justice
• Ideology Contemporary libertarian and social
  contract theorist. Arguably the most important
  political philosopher of the 20th century, Rawls'
  guiding idea is that in a just society the laws
  and institutions would not confer advantages on
  some people at the expense of others based on
  natural and social contingencies that are
  arbitrary from a moral standpoint.
• In developing his own account of "justice as
  fairness," Rawls asks us to imagine ourselves
  choosing principles of justice from an original
  position of equality in which we lack knowledge
  of our social and economic standing, race, sex,
  natural abilities, and other socially relevant
  facts.
• Rawls argues that we would put priority, first,
  on providing equal liberties and fair
  opportunities for all and, second, on maximizing
  the share of income and wealth of those least
  advantaged.

22
The Revolutionary Image (Socialism)

• Pinchin focuses primarily on Marx, though he is
  not the only, nor the first socialist. Yet, it is
  difficult to deny that he has been the most
  influential.
• Marx was inevitably influenced by a rich period
  of German philosophy that had preceded him.
  German Idealism had directed European philosophy
  in the 18th century with thinkers such as Kant,
  Schopenhauer, Hegel dominating the landscape.
• In particular, the ideas of Hegel and the
  materialist, Feuerbach, helped shape Marxs
  philosophical vision.

23
John Rawls

• Quotes Ideally citizens are to think of
  themselves as if they were legislators and ask
  themselves what statutes, supported by what
  reasons satisfying the criterion of reciprocity,
  they would think is most reasonable to enact.
• The principles of justice are chosen behind a
  veil of ignorance.

Space for a humorous interlude man goes to the
zoo. Theres only one dog there. Its a Shih
Tzu.
24
Anarchy, State and Utopia

• This is the title of Robert Nozicks influential
  reply to his Harvard colleague, Rawls.
• Nozick argues that the state should not interfere
  with individual liberties, particularly economic
  freedoms.
• He refutes Proudhons claim that property is
  theft, believing instead that most property has
  been acquired fairly.
• Nozick is obviously a supporter of individualism.
  Welfare provision is rejected, with even income
  tax rejected as a type of forced labour -
  individuals are compelled to spend some time
  working to pay the government.
• Market forces should be left unhindered. Wealth
  should be distributed according to merit and good
  fortune.
• It is difficult to see how such a system could
  ever be considered just or, indeed, tolerated by
  the majoritybut it is!

25
John Donne no man is an island

• Donne rejects individualism, considering us to
  be defined beyond material terms
• "All mankind is of one author, and is one
  volume when one man dies, one chapter is not
  torn out of the book, but translated into a
  better language and every chapter must be so
  translated...As therefore the bell that rings to
  a sermon, calls not upon the preacher only, but
  upon the congregation to come so this bell calls
  us all but how much more me, who am brought so
  near the door by this sickness....No man is an
  island, entire of itself...any man's death
  diminishes me, because I am involved in mankind
  and therefore never send to know for whom the
  bell tolls it tolls for thee.
• This leads us nicely to

26
Marx Quotes

• "The history of all hitherto existing societies
  is the history of class struggle."
• From each, according to his ability to each,
  according to his need.
• The theory of the Communists may be summed up in
  the single sentence Abolition of private
  property
• The proletarians have nothing to lose but their
  chains. They have a world to win.

27
Hegelian Dialectic Feuerbachs materialism

• From Hegel, Marx developed the idea of history as
  process. Hegel viewed this as a spiritual
  process, involving thesis, antithesis and
  synthesis.
• Marxs reading of Feuerbach enabled him to
  decouple Hegels dialectical process from his
  idealism. It also fuelled his atheistic ideas and
  helped him to develop a material view of history
  as process.
• Feuerbach viewed expressions of spirituality as
  mythical. Marx believed that such expressions
  were the product of mans alienation from his
  true humanity and revealed a hope for a better
  life post mortem Religion is the sigh of the
  oppressed creature, the heart of a heartless
  world, and the soul of soulless conditions. It is
  the opium of the people.

28
Dialectical Materialism

• Marx viewed history as an economic process a
  cycle whereby an underclass would rise up against
  their masters, overthrow them and then become the
  new ruling class.
• This is represented in the form of
  Thesis-Antithesis-Synthesis.
• For Marx, this is a scientific process. He viewed
  history as subject to deterministic economic
  laws. Changes are inevitable and ideas are
  reflections of economic interests.
• Marx identifies four great changes in history,
  each with a modal point (point of change).

29
Dialectic in process

1. Nomadic and pastoral era. Modal point soil
   cultivation and domestication of animals.
2. Classical period concentrated wealth and
   slavery. Stability and development of the arts.
   Modal point big, hairy Barbarians with sharp
   pointy sticks, too many orgies (what is too
   many?!) need for decentralisation.
3. Feudalism conflict between land owners and
   serfs. Modal point Industrialisation - need for
   urban workforce
4. Capitalism and the Liberal ideology that supports
   Democracy. Conflict between bourgeoisie
   (industrialists etc) and proletariat (workers).
   Modal point the peasants are revolting! the
   proletariat become conscious of exploitation and
   seek to overthrow the ruling class, resulting in

30
Communism

• This will result in the abolition of private
  property and the creation of a truly socialist
  society. Modal point none! Communism will
  signal the removal of the means of antagonism and
  conflict i.e. capitalism.
• Communism brings an end to the pre-history of
  mankind.
• Initially, the overthrow of capitalism will
  result in antagonisms and a brief dictatorship
  of the proletariat will be required. Once the
  class system has been abolished, the state will
  wither away
• Yet, history has not borne this out Russia etc
• NB Fukuyama saw things differently advent of
  libertarianism end of history?!