Freedom and poverty
Is the problem of the contradiction between freedom and equality solved by limiting freedom – limiting the freedom of the strong, thereby providing security against the freedom of the strong, and this equalizing freedom? Not quite. I can see at least three problems remaining. The first one is poverty. Poor people can’t do what they want and the laws which protect their physical security against the free actions of others will not help them. Their situation is not primarily caused by the limitations imposed on them by the free actions of others. And the provision of social security is much more controversial than the provision of physical security, which is bizarre given that both kinds of security have the same purpose, namely the equalization of freedom in the sense of the ability to do as you want.
We see here that the state, by intervening and reducing poverty, can promote freedom. People whose basic needs are met have a whole new world of choices and opportunities opened up to them and can move on to more complicated needs. “Freedom from” (in this case freedom from want) creates “freedom to”.
Freedom and public life
A second problem with limited freedom is revealed by the bigot. Take the example of the bigot who isn’t poor but doesn’t want anything else in life than watching sport, drinking beer and shouting to his wife. He can do as he wants, but is he free? Here we see that it may be necessary to redefine freedom and not only to limit it. Freedom means not only the ability to do what you choose, but also, and in the first place, the fact of having significant choices, the ability to expand the options you can choose from, the ability to make an educated choice between examined options and to choose the options which are best for yourself and for the people around you. In other words, freedom is the ability to choose the options which make ourselves better persons and allow us and our fellow-humans to develop.
Now, how do you widen the available choices, and check if what you want is really what you want? Only if all possible options and choices are flooded with the light of publicity and education. When you see which options are available, when you hear people discussing the merits of different options and objects of volition, only then can you make an educated choice.
Freedom and human rights
This publicity, and hence freedom as the possibility to develop your self, requires a legal system. Legally protected human rights for example open up the world of culture, art, science, history, education, etc. They open up the options, show the merits of all options and hence can improve your volition. Constraining rules are also enabling rules. By limiting certain kinds of behavior they make other behavior possible, for example public discussion of objects of volition. Only in a public space protected by legal rights, where everybody is equal and where everybody can speak and listen in an equal way, can we examine our opinions and options and can we self develop. So we see that freedom needs equality in the sense of the equal participation in public life.
The law is necessary for freedom because if there is no external control, then rights will be violated, security rights but also rights which protect the public space in which choices can appear. Some people will be victims of others and will not be free, not in any sense of the word. They cannot do as they like and they have no public life in which to determine what they like. And we can all be victims in certain circumstances. Laws and obedience are not just obstacles or impediments, limits on our freedom or elements of oppression. They are prerequisites for public life and therefore prerequisites for freedom as well because freedom needs public life.
Laws do not only limit the actions of people; they also link the actions of people because they create a public space. And these links make freedom possible. Laws are rules for public life and should not disappear. The state is a mechanism to coerce people, but this is not necessarily negative. On the contrary, coercion creates possibilities. The state creates, by way of coercion, the prerequisites for public life — such as security and human rights — and therefore creates the possibility of freedom.