- Joined
- Apr 18, 2010
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- 27,504
- MBTI Type
- INTJ
- Enneagram
- 5w6
- Instinctual Variant
- sp/sx
The highlighted is a great example. Freedoms granted by law are meaningless if a person does not have the wherewithal to exercise them. It's like the version of Cinderella in which the stepmother says, "Of course you may go to the ball: as long as you finish all your work and can find something suitable to wear." In the real world, few of us have a Fairy Godmother to take care of the practical constraints.Properly understood I do not consider that there is a dichotomy between liberty and equality, neither acts as a break or limit upon the other.
Complex equality usually involves some conception of positive freedom/liberty, that is "freedom to", as opposed to negative freedom/liberty, that is "freedom from".
Traditionally freedom/liberty has been seen exclusively in the negative sense, this is a mistake, in one sense it is true that the rich man and the poor man are equally free to sleep beneath the bridge, ie neither is prevented from doing so by law most of the time, but for one, the rich man with means, it may be a choice, where for the poor man it is necessitated by their lack of means.
There have been theorists who have tried to achieve the end of positive liberty through legalisation of a negative character, I think called "counter extractive liberty" but its a convoluted idea which I'll not bother going into right now. In short the prohibiting of decisions likely to be made with incomplete information or competence, recognising that not everyone has the same decision making power or bargaining power therefore freedom to each does not mean or constitute the same prowess.
Anyway, I dont believe that as liberty expands equality necessarily contracts or that as equality expands liberty necessarily contracts.
Though like I say I believe in complex theories of liberty (its not just being left alone) and equality (its not the same or the uniform, its not the enemy of diversity, disparity or difference).
On the broader issue, I agree with those who have indicated we should be free to do whatever we like as long as it doesn't harm others. Yes, this does leave us with the thorny question of what constitutes harm. I'm sure my personal biases are at play here, but I cannot put emotional harm on a par with more tangible harm. If Sally steals money from her family to elope with her boyfriend, they are out the money, regardless of their feelings on the whole matter and Sally has crossed that line of harming others. If she merely insists on marrying someone her family doesn't like, perhaps due to being from a different race, culture, or religion, they may feel quite hurt but I don't consider her in the wrong. They must own and address their own emotions here. Now if she marries someone involved in a gang who brings danger to the family, that is a problem unless she can somehow fence them off from it.
In this sense, equality does indeed place some limits on liberty. If everyone is to share equally of this liberty, then my exercise of it cannot come at the expense of your exercise of it. My choices and actions are limited to what doesn't harm others. I cannot say that it is OK to harm certain people as they are not entitled to the same degree of liberty as I am.