Autonomy, Want Satisfaction, and the Justification of Liberal Freedoms

Abstract

By ‘Liberalism’ or ‘a liberal-democratic theory of justice’ I understand the thesis that a modern, affluent society is just only if it respects and enforces certain rights. Among these are rights to free speech, the liberty to make one's own self-regarding choices (free from excessive paternalistic meddling by the state), privacy, due process of law, participation in society's political decision-making, and private property in personal posessions. By a ‘justification’ of these core rights of liberalism I understand a moral theory (plus necessary empirical assumptions) from which they are derivable. A moral theory which justifies the core rights will, ipso facto, condemn slavery, totalitarianism, and other social arrangements incompatible with a liberal-democratic constitution. What shape that moral theory should have is a matter of some dispute. According to philosophers like Ronald Dworkin it must be ‘rights-based.’ The core rights of liberalism in his view are derivable from the fundamental human right to ‘equal respect and consideration.’ A widely held alternative view is that the core rights are simply social rules the existence of which promotes human welfare.