What Are Human Rights? (49): Universal Rights

Human rights are universal rights, rights that all human beings have for no other reason than being human. That’s almost a tautological statement, and one which has been repeated millions of times. Universality is implicit in the name. This sets human rights apart from other types of rights, such as legal rights which only matter to those subject to the particular jurisdiction in which these legal rights apply, or contract rights which apply only to the people bound by a particular contract.

Despite this definition of human rights, their universality is often contested. Does a person with Down Syndrome have the right to work? Does a newborn baby have the right to free speech? Does a criminal have a right to freedom of movement? Do all potential immigrants have a right to unemployment benefits? Does a terrorist who can order his colleagues to stop torturing three other people have the right not to be tortured? Questions like these are often rhetorical: the unstated but understood answer is “of course not”. People who ask these questions perhaps do so because they want to deny the universality of human rights, and this denial in turn may come in handy when they try to justify violating the rights of some.

There’s in fact an easy answer to this apparent paradox. The universality of human rights is, like human rights themselves not a fact but an aspiration. We have to work to make it a fact, all the time knowing that we’ll probably never get there. We have to work to improve people’s capacities so that they can more fully enjoy their rights. In the case of the disabled, we should recognize that disability, rather than an inborn or acquired lack of capacity, is in fact – in part at least – a capacity that is reduced as a result of the way in which we have chosen to organize society. In the case of criminals, we tend to assume rather too quickly that criminal punishment necessarily involves restrictions of people freedom of movement. And so on. None of the rhetorical questions cited above strikes a fatal blow to the ideal of universality.

More on universality is here. More posts in this series are here.

What is Freedom? (13): Five Increasingly Demanding Types of Freedom

Here are 5 increasingly demanding, and also increasingly complex definitions of freedom:

1. Freedom is being free from coercion and being able to do what you want.

Angela is free because no one forces her not to do the X which she wants to do, and because no one forces her to do the Y which she doesn’t want to do. Angela can walk naked in public because there’s no law making public nudity illegal.

2. Freedom is being free from coercion, being able to do what you want, and being free from the possibility (and risk?) of coercion. It’s the same type of freedom as in Type 1 but with added security for the future. After all, Type 1 can be the case for a minute or so, and then gone. (Requiring that there is a low risk of coercion is of course less demanding than requiring that there is no possibility of coercion, given a risk level higher than 0).

Angela is free because no one can force her not to do the X which she wants to do, and because no one can force her to do the Y which she doesn’t want to do. (Alternatively, Angela is free because there is a very low risk that someone forces her not to do the X which she wants to do, and because there is a very low risk that someone forces her to do the Y which she doesn’t want to do.) Angela can walk naked in public because there’s no law making public nudity illegal and because she doesn’t run the risk of having a law imposed on her in the future. Her lifestyle, as opposed to her fleeting activity, is protected.

3. Freedom is being free from impediments and being able to do what you want, and being free from the possibility (and risk?) of impediments. The word “impediments” has, compared to “coercion”, the advantage of including non-human impediments to being able to do what you want as well as internal impediments (e.g. feelings of guilt or shame, unwanted desires, obsessive compulsive disorders etc.). “Impediments” means everything that “coercion” means, but not vice versa.

Angela is free because no one and nothing (internal or external) can force her not to do the X which she wants to do, and because no one and nothing (internal or external) can force her to do the Y which she doesn’t want to do. Angela can walk naked in public because there’s no law making public nudity illegal, and because shame or the weather don’t make it impossible.

4. Freedom is being free from impediments and being able to do what you want, being free from the possibility (and risk?) of impediments, and being equipped with the capacities and resources (inner resources and external resources) to do what you want.

Angela is free because no one and nothing (internal or external) can force her not to do the X which she wants to do, because Angela has the capabilities and resources (internal or external) necessary for her to do X, because no one and nothing (internal or external) can force her to do the Y which she doesn’t want to do, and because she has the capabilities and resources (internal or external) necessary for her not to do Y. Angela can walk naked in public because there’s no law making public nudity illegal, because there’s nothing making this impossible, and because she has the necessary resources such as self-confidence, leisure time etc.

5. Freedom is being free from impediments and being able to do what you want, being free from the possibility (and risk?) of impediments, being equipped with the capacities and resources (inner resources and external resources) to do what you want, and being able to choose what we want to do or be from a wide, unimpeded and undistorted set of choices or set of objects of volition. These impediments and distortions in the set op option can be caused by brainwashing, agenda-setting etc.

Angela is free because no one and nothing (internal or external) can force her not to do the X which she wants to do, because Angela has the capabilities and resources (internal or external) necessary for her to do X, because no one and nothing (internal or external) can force her to do the Y she doesn’t want to do, because she has the capabilities and resources (internal or external) necessary for her not to do Y, and because Angela’s decision to want to do X and to not want to do Y was a choice from a wide set of options, a set that was not restricted or distorted in anyway by others. Angela can walk naked in public because walking naked in public is something she has freely chosen to do without others meddling in the set of her options or in her choice of options.

More posts in this series are here.

What is Freedom? (10): The Ability to Do Things

Sooner rather than later you’ll stumble across the following view when you read about definitions of freedom: people lack freedom when they can’t do what they want to do because governments – or also, in a relaxed version of the idea, fellow citizens – intervene in order to stop people from doing what they want to do (“stop” can mean different things here: literally stop someone, forbid something, coerce someone, prevent someone from doing something etc.).

When people can’t do what they want to do because of some other reasons – lack of resources, lack of money, lack of capabilities, handicaps, natural impediments, natural disasters etc. – then they don’t lack freedom. They merely lack ability.

My view is different: I accept the first part of the argument above – interference does indeed limit freedom in one sense of the word – but I reject the second part. And I have some illustrious company. G.A. Cohen, for instance, has argued that

while the poor are formally free to do all kinds of things that the state does not forbid anyone to do, their parlous situation means that they are not really free to do very many of them, since they cannot afford to do them, and they are, therefore, in the end, prevented from doing them. (source)

Hence, it’s wrong to claim that there is a fundamental difference between a lack of freedom and a lack of the means or ability to use freedom. Cohen again:

lack of money, poverty, carries with it lack of freedom. I regard that as an overwhelmingly obvious truth, one that is worth defending only because it has been so influentially denied. Lack of money, poverty, is not, of course, the only circumstance that restricts a person’s freedom, but it is, in my view, one of them, and one of the most important of them. To put the point more precisely – there are lots of things that, because they are poor, poor people are not free to do, things that non-poor people are, by contrast, indeed free to do. (source)

A lack of freedom and a lack of the means or ability to use freedom are fundamentally the same thing.

A similar post about the link between money and freedom is here, and one about poverty as a denial of freedom is here. More posts in this series are here.

The Compatibility of Freedom and Equality (13): More Income Equality Makes Us More Free

Another reason not to worry too much about the supposed incompatibility of equality and freedom is the fact that an equal level of monetary resources promotes freedom. Money in the form of a relatively decent income allows us to choose from and engage in a wide variety of activities. It makes it possible for us to buy the commodities and services we want to buy, and consequently do with them what we want to do. (Of course, within the legal limits that determine what can be commercially traded and how traded goods can be used; e.g. we can’t buy people, and we can’t use the guns we buy to kill people). As a result, we have a wider choice of life plans and more means to pursue our chosen plan.

This is freedom in one sense of the word: more choice. Freedom in another sense, namely the ability to do what we want without interference, looks absolutely anemic compared to this. After all, what good is the absence of interferes when the world we live in offers us only very few options or none of the monetary resources to choose and pursue options. This freedom from interference is hardly valuable, if it is freedom at all.

So, if we agree that monetary means promote freedom in a certain sense of the word because these means broaden our sets of choices, then I guess we’ll also agree that a more equal distribution of money, wealth and income promotes freedom: it gives people who receive more money in the new, more egalitarian distribution more freedom, without necessarily diminishing the freedom of those whose resources are diminished in the new distribution. The monetary freedom of the rich isn’t necessarily reduced after income redistribution and after reductions of income inequality, because of diminishing marginal utility. The ability to buy a fifth yacht doesn’t increase anyone’s freedom in any sense of the word. And taking away this ability doesn’t reduce anyone’s freedom. On the contrary, if the monetary means that could have been used for this fifth yacht are instead given to a number of other people who don’t have a lot of money, then these means will benefit the freedom of those other people, and aggregate freedom will have increased.

So that’s a good reason to reduce income inequality. However, it’s probably not a good reason to eliminate income inequality completely, for four reasons. First, even if, ideally, people have a right to the same extent of monetary freedom as it is defined here, that doesn’t mean they should have the same amount of money. In order to be able to do the same things and have the same choices, different people need different amounts of money. The handicapped, for instance, may need more than average.

The second problem with equal money is that it would mean deep and frequent violations of property rights, and property rights are important, perhaps just as important as freedom (and no, property rights and freedom are not the same thing: the former are a means to interfere with the freedom of others, namely the freedom of others to use goods that belong to you).

A third problem created by equal income is related to incentives. And finally, equal income doesn’t combine well with considerations of desert (one definition of desert is that people deserve different levels of monetary wealth for their contributions to society, culture etc.).

We could react to these different considerations by framing the issue as one of value pluralism: income equality and freedom are important values, and so are desert and property. The difficulty would then be to balance these different values which, it turns out, are sometimes contradictory. That would mean limiting the equalization of income at some point before total income equality, at a level that is compatible with respect for property rights (also limited), with due consideration of incentive problems (also limited), and with recognition of the moral value of desert (also limited).

There’s possibly some Gini value that would hit this balance. This Gini value of x gives a level of income inequality at which monetary freedom is maximized for a maximum number of people. A value lower than x (the lower the Gini value, the more equal the income distribution) resulting from higher levels of income redistribution would not increase the monetary freedom of the poor because the amount of money taken from the rich has become so high that it doesn’t just eat away at marginal utility but also produces disincentives high enough to reduce the size of total social wealth.

We could try this kind of delicate balancing between redistribution on the one hand and incentives produced by rewards for deserving actions on the other hand. (Alternatively, we could also drop income equality as a value and instead focus on a so-called sufficientarian approach in which we would try to give people enough monetary means to achieve a certain level of freedom – freedom as it is understood here – regardless of the means and freedom of the people at the top of the income or wealth distribution. However, I’ll leave that option aside for the moment).

However, there are some problems: we’re dealing here with a somewhat strange notion of freedom. Freedom is obviously much more than the use of monetary means to choose and pursue goals. Also, we don’t want to promote consumerism. The problem with consumerism is that the truly important parts of life can’t be bought, and that focusing on consumption tends to sideline those important parts. It also has ecological disadvantages.

And another problem I already mentioned: some people will be worse off if money is equalized because they need comparatively more money just to have the same capabilities. Hence, rather than equalizing money we should perhaps equalize capabilities.

More posts in this series are here. More on income inequality here. And here‘s a related post about the link between poverty and freedom.

Economic Human Rights (38): A Silly Argument Against the Right to Food

The right to food (art. 25 of the Universal Declaration i.a.) doesn’t get a good press. Only a handful believe that it’s comparable in importance to rights such as free speech or freedom of religion. This disdain surprises me. And it’s not just that it shows a failure to understand the interdependence of rights – none of our rights make any sense on an empty stomach. If you know that 6 million children under the age of five die of hunger every year there is at least a prima facie reason – although not a sufficient reason, I admit – to claim that there should be a human right to food.

The counter argument goes as follows: if we grant people a right to food, they will stop working and just watch television all day while the government gives them food. That will destroy both the economy and people’s character.

I think that’s really silly. Let’s make an analogy with an uncontroversial right, the right to free movement. This right doesn’t mean that the government should “give people movement”. That doesn’t make sense. People claiming that right don’t ask for the government to move them. What they ask is

  1. that the government doesn’t hinder their free movement (hence a legal prohibition on internal border controls, restricted zones etc.); and
  2. that the government helps people to acquire the capability to move freely if they don’t have that capability (hence assistance to people with disabilities and the construction of public highways).

The same is true for the right to food. This right doesn’t tell the government to give people food. All it demands is that the government doesn’t take away people’s food or people’s ability to acquire food (as it did in the case of Ukraine’s Holodomor), and that it helps people acquire the ability to get food. The latter may imply temporary food provision (or giving cash for food) to those in dire need, but this provision is aimed at capacity building, and should stop when people’s capabilities are restored.

A closely related discussion is the one about positive and negative rights. See here.

The Ethics of Human Rights (49): Human Rights and the Capabilities Approach

How do these two approaches to global ethics compare? Strikingly well as it turns out. I can’t possibly give an adequate overview of the capabilities approach in a blog post (if that’s what you’re after, better go here). It is a highly complex moral theory. However, the short version is that the approach focuses not on the resources people should have or on the aggregate utility (happiness etc.) that society should maximize, but rather on the capabilities that everyone should have in order to achieve wellbeing or live a truly human life. “Capabilities” here means real opportunities or real freedom to do and be what we have reason to value.

Proponents of the capabilities approach don’t always agree on the set of capabilities that are important or even on the desirability of determining a set. One prominent proponent, namely Martha Nussbaum, has defined such a set, and for a comparison between the capabilities approach and the human rights approach it’s useful to concentrate on her set and step away momentarily from the intricate details of the capabilities approach. This is a summary of the set (which I’ve stolen from here):

  1. Life – Able to live to the end of a normal length human life, and to not have one’s life reduced to not worth living.
  2. Bodily Health – Able to have a good life which includes (but is not limited to) reproductive health, nourishment and shelter.
  3. Bodily Integrity – Able to change locations freely, in addition to, having sovereignty over one’s body which includes being secure against assault (for example, sexual assault, child sexual abuse, domestic violence and the opportunity for sexual satisfaction).
  4. Senses, Imagination and Thought – Able to use one’s senses to imagine, think and reason in a “truly human way”–informed by an adequate education. Furthermore, the ability to produce self-expressive works and engage in religious rituals without fear of political ramifications. The ability to have pleasurable experiences and avoidance of non-necessary pain. Finally, the ability to seek the meaning of life.
  5. Emotions – Able to have attachments to things outside of ourselves; this includes being able to love others, grieve at the loss of loved ones and be angry when it is justified.
  6. Practical Reason – Able to form a conception of the good and critically reflect on it.
  7. Affiliation A. Able to live with and show concern for others, empathize with (and show compassion for) others and the capability of justice and friendship. Institutions help develop and protect forms of affiliation. B. Able to have self-respect and not be humiliated by others, that is, being treated with dignity and equal worth. This entails (at the very least) protections of being discriminated on the basis of race, sex, sexuality, religion, caste, ethnicity and nationality. In work, this means entering relationships of mutual recognition.
  8. Other Species – Able to have concern for and live with other animals, plants and the environment at large.
  9. Play – Able to laugh, play and enjoy recreational activities.
  10. Control over One’s EnvironmentA. Political – Able to effectively participate in the political life which includes having the right to free speech and association. B. Material – Able to own property, not just formally, but materially (that is, as a real opportunity). Furthermore, having the ability to seek employment on an equal basis as others, and the freedom from unwarranted search and seizure.

The similarities with the human rights approach are noteworthy, as are a limited number of differences. Let’s go over these one by one:

  1. The right to life covers the ability to live to the end of a normal life, since a violation of the right to life obviously means that a life is cut short. However, the norm that one’s life should not be reduced to a life that is not worth living is more difficult to translate into rights language. There is no “right to a life worth living”. However, implicitly; one could combine a set of existing human rights and interpret it as something similar to a “right to a life worth living”: violations of the rights not to suffer poverty, torture, slavery etc. may result in a life not worth living.
  2. The capability of bodily health is entirely covered by human rights.
  3. The same is true for bodily integrity. However, the opportunity for sexual satisfaction is, perhaps unfortunately, not a human right.
  4. The capability to engage in thinking, reasoning and imagining is difficult to translate in human rights terms, because there’s no right to be able to think, reason and imagine. We do have freedom of thought and conscience, but that’s more like a negative right, directed at people trying to interfere with our thoughts and conscience; we don’t have a right to develop our capability to think etc. The best approximation is the right to education – indeed, why else would we need education and a right to education if not as a means to develop our capacity to think, reason and imagine? The inclusion of expressive and religious capabilities in capability 4 is clearly compatible with human rights; the avoidance of non-necessary pain and the ability to seek the meaning of life are not.
  5. Capability 5 goes way beyond the realm of the human rights approach.
  6. As does capability 6.
  7. The capability to affiliate is covered by the freedom of association and the freedom of religion. The ability to have self-respect, to avoid humiliation, and to live a life of dignity and equal worth are not explicitly covered by specific human rights. However, it’s common to find self-respect, dignity and equal worth among the values that are supposed to ground the set of human rights. Protection against discrimination, on the other hand, is covered by specific human rights.
  8. See capabilities 5 and 6.
  9. See capabilities 5 and 6.
  10. The capability of control is covered by political rights, property rights and privacy rights.

The capabilities approach, at least the version expounded by Nussbaum, is therefore very similar to and yet more wide ranging than the system of human rights. There are also some meta-similarities: for example, the capabilities approach focuses on capabilities rather than actual functionings, and the human rights approach on the rights people have and not on whether they choose to use or waive those rights.

The capabilities approach covers more space than the system of human rights, but the contrary is also true. There’s no mention in the capabilities approach of the right to a fair trial (or of the more detailed rights that make up this right), the right to a nationality, etc.

The Causes of Poverty (47): The Undeserving Poor? Stop Moralizing Already

In certain circles, it’s common to hear the claim that the poor – or many of the poor – only have themselves to blame and that their poverty is the result of their own bad decisions, mentalities and lifestyles. It’s useful to deconstruct this claim because that will allow us to show that its appeal is based on a dangerous simplification.

Inherent in the claim is a very specific, unspoken and unconvincing understanding of the concept of responsibility: the poor are responsible for their own poverty because they have failed to meet certain standards of conduct (e.g. finish school, wait to have kids, be dedicated to your job etc.). However, responsibility should ideally be understood as much more than mere conformity with standards of conduct. In many cases, this conformity is not the result of responsibility but rather a matter of habit, fear of consequences, convenience etc. In other cases, acting responsibly means violating certain standards of conduct.

And even when responsibility equals conformity to standards of conduct, failure to conform may not imply irresponsible behavior. People need the capacities necessary to act responsibly and to choose and follow through with the right form of conduct. If they don’t choose and follow through with the right form of conduct, the reason my not be a choice to act irresponsibly, but simply a lack of capacity to choose and follow through with the right form of conduct.

In order to have the capacities necessary to act responsibly and to choose and follow through with the right form of conduct, people need to grow up and live in an environment that fosters these capacities, or at least doesn’t destroy them or nip them in the bud.

Take the example of people who destroy their forests for the purpose of agriculture or animal farming. They unwittingly or wittingly encourage desertification and the erosion of fertile soil. They act irresponsibly in a superficial understanding of the word, because they fail to conform to certain standards of conduct that would guarantee their prosperity, as well as that of future generations. In this case, we’re talking about the standards of conduct that prescribe sustainable development. However, the people in the example may not have the capacity to act responsible because they may not have an alternative to their self-destructive actions.

Likewise, someone dropping out of school may seem to act irresponsibly, and others may conclude from her actions that her subsequent poverty is her own fault. But maybe she didn’t grow up in an environment that fostered her capacity to remain in school.

Hence, looking closer at what it means to act responsibly often means softening our judgments about people. Obviously, there are people who have the capacity to act responsibly – or whose circumstances and upbringing do/did not substantially diminish or fail to foster this capacity – but who nevertheless act irresponsibly. They are rightly condemned for their own failures (a condemnation which, by itself, does not automatically remove all moral obligations to assist them – the removal of those obligations, as required by many conservatives and “luck egalitarians” – can only be justified by additional arguments which aren’t guaranteed to withstand criticism and which I won’t examine now).

The problem, of course, is our lack of ability to distinguish these people from others who genuinely lack the necessary capacities and who are therefore only apparently irresponsible. It’s easy to detect cases of bad or self-destructive conduct; it’s much harder to ascertain capacities or the presence or absence of an environment that fosters capacities.

I would like to ask those who go on about the undeserving poor, about their stupidity and lack of personal morality, and about how the welfare state only encourages bad behavior, the following questions: given

  • the fact that some of the supposedly irresponsible people are not really irresponsible, and
  • the fact that it’s hard to determine who’s who, and
  • that trying to determine this would probably require a state that is much more intrusive and opposed to liberty than current welfare states

would it not be better to risk helping some genuinely irresponsible people than to risk not helping some people who do not have the capacities to act responsibly? And would it therefore not be better to work on capacities? I think the latter would be more fruitful than the attempt to moralize people out of poverty.

More on the undeserving poor here.

What is Equality? (3): Equality of Rights

Equality of what? There’s hardly a more confusing philosophical question. This is my attempt at sorting things out. I apologize for the length of this post, but there’s a lot to digest.

Equality of resources

A well-known problem with theories that focus on equality of resources is that different people need different resources because they have different abilities and different needs. Someone may need more food (in terms of calorie intake) because she has a physically demanding job, or may need more education than the average person because she has a brain dysfunction making it difficult for her to read or remember. Someone with a physical handicap may need expensive tools such as a wheelchair – and therefore more resources compared to a person not suffering a handicap – in order to have the same capability or opportunity to realize freely chosen goals as that other person.

The latter is an important point which I’ll come back to later on: you can’t just think about resources in isolation; you’ll have to consider which purposes these resources serve. Even if different people have the same purposes, they need different amounts of resources to achieve these purposes (and when they have different purposes, the need for unequal resources is even stronger). Hence, equality of resources seems to be an inadequate theory of equality.

A standard reply by resource based theories of equality is to count someone’s abilities (such as the ability to walk) as resources and try to equalize those as well. In our example, the handicapped person would then have equal resources when she has more money than average and just enough money to compensate the loss of resources resulting from her handicap. So it looks like equality of resources is a theory that can be salvaged.

The problem with this rescue is that not all abilities can be equalized by way of the redistribution of resources. Certain handicaps can be reasonably compensated by way of extra (financial or other) resources; paralysis may be one of them, especially given the most recent breakthroughs. But other handicaps can’t. A blind person for instance will probably never have equal abilities, no matter how much extra money or tools she gets. Her loss of eyesight is a loss of resources that can’t be fully compensated by other, equivalent resources.

Another problem with this attempted rescue of the equality of resources theory: there’s no good reason to limit abilities to physical ones. Talents are also abilities, and if you insist that all abilities are resources that should be equalized as much as possible then you’ll have to explain how to equalize talent. It seems very difficult if not impossible to supply extra resources to the less talented so that they end up with equal resources compared to the more talented. Like in the case of many physical abilities, a lack of talent can’t be compensated by way of extra resources.

So the attempt to rescue resource theories by including abilities in the pot of resources looks like it’s bound to fail. Resource theorist could reply that abilities and talents should be viewed as commonly owned resources. And, indeed, no one deserves her talents or most of her abilities; those are largely a matter of luck. Hence it’s not silly to view them as commonly owned. A talented person using her talents only for her personal benefit seems to be making an unjust use of her good luck. If abilities and talents are viewed as a common resource, then equality of resources could be achieved by giving those with few abilities and talents a right to use a share of the abilities and talents of others. However, this solution to the problems faced by resource theories creates another problem because it seems to imply the slavery of the talented (in the words of Dworkin). A talented person will find that she is less able to realize her freely chosen goals compared to another, less talented person, and equality of resource is justified, if at all, by the fact that it allows people to have an equal ability to realize goals. We thereby reverse the initial problem faced by resource theories, and put the burden of equality of resources on those with more abilities rather than on those with less abilities. That’s not a solution; it’s shifting the problem elsewhere.

If we can’t equalize all abilities, maybe equality should be limited: we can try to equalize as many abilities as possible and as far as possible. We can’t equalize a blind person’s abilities, but we can go some distance towards equality (we can offer Braille, improved transportation infrastructure etc.). We can’t equalize the abilities of a person without any talent, but we can offer this person some resources that help her attain a decent level of abilities.

Equality of preference satisfaction

But then we’ll have to say something more: we can’t talk about abilities in isolation (like we can’t talk about resources in isolation); we have to answer the question: abilities to do or be what exactly? One possible answer, and in fact the traditional liberal answer is: whatever people think they should do or be. Then we’re essentially talking about equality of preference satisfaction. Welfare is another word for preference satisfaction and the theory that tries to equalize people’s preference satisfaction is usually called equality of welfare. The purpose is then to distribute resources and improve abilities in such a way that people’s preference satisfaction (or welfare) is equal, or rather as equal as possible given people’s different and often fixed abilities to do things.

However, this theory faces a similar problem as equality of resources: people don’t just have unequal abilities and talents but also unequal preferences (preferences in the sense of the ability to do or be something). And those different preferences require different amounts and types of resources. As such, that’s not a problem. The problem is that some people have preferences that requires very large amounts of resources in order to be satisfied, and these extraordinary preferences are often self-chosen. In this case, these people’s claim on others to the resources necessary for the satisfaction of their extraordinary preferences seems hard to justify, especially from an egalitarian viewpoint. Society is under no obligation to redistribute resources to these people in order to guarantee equal preference satisfaction. Caviar fans have to work for their own money. And if they won’t, well then they have to adapt their preferences rather than appeal to society to redistribute the resources they need for their preference satisfaction. This is one reason why equality of preference satisfaction also seems to fail as a valid theory of equality.

However, we shouldn’t always force people to take care of their unequal or extraordinary preferences by themselves or to modify their preferences if they can’t. Some idiosyncratic preferences are closely connected to people’s identities, and in some cases those may not be self-chosen. Indigenous tribes may consider it essential to their unchosen identity that they have an exclusive right to a certain part of a country’s territory and resources (such as hunting grounds and the stock of fish or deer). There may even be self-chosen preferences that merit the same treatment. People with a preference for artistic expression may have a good claim to transfers of social resources (in the form of subsidies for the arts for instance). In those cases, equality of preference satisfaction does also apply to extraordinary preferences.

Still, notwithstanding these counter-examples, there are numerous cases of preferences requiring relatively large amounts of resources that those holding the preferences can’t produce themselves and at the same time can’t legitimately claim from society. Hence, equality of preference satisfaction does not seem a worthwhile goal.

And it’s not worthwhile for another reason as well. It’s not just that some preferences require unjustifiably large amounts of resources; some preferences are immoral. One can’t justify redistribution of social resources for the satisfaction of immoral preferences. Yet another argument against equality of preference satisfaction results from reflection about the term “preferences”. What is a preference? Is it every unreflected desire? Or rather only those desires an agent would pursue if she had the chance to rationally consider and evaluate all possible desires on the basis of all pertinent information? Do we want a drug addict and a bacillophobe to engage in preference satisfaction? And to redistribute social resources in such a way that they can in an equal manner compared to students and entrepreneurs?

Welfare theories may start off with equality and neutrality regarding preferences (the liberal premise), but because of the problems of morality and unreflected or irrational preferences, they quickly become paternalistic. Welfare theories, compared to resource theories, have the advantage of focusing not on instrumental values but on what ultimately matters to people, namely preference satisfaction. But not everything that matters to people, or that people think matters to them, should receive equal social concern or approval. Some things that matter to some people should not be encouraged from a moral point of view, let alone be subsidized. Other things don’t merit support from redistribution of resources because those things are irrational or self-chosen, expensive and not instrumental to other values such as identity. But once you have to decide which things that matter to people should or should not have a place in social policies that aim at equal preference satisfaction, you are likely to act in a paternalistic way and endanger another important value, namely freedom.

And even when welfare theories manage to remain neutral regarding preferences and don’t encourage or discourage certain preferences, they face the problem of comparing amounts of preference satisfaction across different preferences. Does a music lover, who has the resources to listen to music one hour a day, have an equal level of preference satisfaction as the American Indian who is able to hunt and fish freely and undisturbed whenever he wants? Are those things not inherently incommensurable? If so, how are we to achieve equality?

Equality of opportunity of preference satisfaction

Given the problems faced by preference satisfaction theories, one could assume that theories of equality should move to equality of opportunity of preference satisfaction. Rather than distribute resources so that people have equal preference satisfaction, we could limit distribution to those resource people need in order to have an equal opportunity to satisfy their preferences.

This move, however, doesn’t solve anything. We don’t want people to have the opportunity to act immorally, let alone the equal opportunity. And neither do we want them to have the equal opportunity to do expensive and extravagant things.

Equality of rights

Fortunately, there is a way out of this mess. We have to limit the range of equal opportunity, equal resources, equal abilities and equal preference satisfaction. A social and political regime should offer people an equal opportunity to a limited set of actions, functionings and beings, namely those that are necessary conditions for their human rights (see also here). People have equal human rights, and they should therefore have an equal opportunity to enjoy those rights in an equal way. Likewise, people should have the resources and abilities that are necessary for them to enjoy their rights, and their preference satisfaction should be a social concern and should be equalized only when those preferences are preferences for human rights (or for the conditions and resources for or the opportunities to enjoy human rights). (And yes, rights are preferences in the sense that they can be waived).

A problem faced by all theories of equality – including the one focused on or limited by equal human rights – is that people often squander their resources, their abilities, their preference satisfaction and their opportunities. They should be held responsible for their voluntary choices, and if those choices put them in a situation in which they have less resources, abilities, preference satisfaction or opportunities compared to others, then they don’t have a claim to more of those. That’s true for all resources, abilities, preferences and opportunities, except the resources, abilities, preferences and opportunities for human rights. If someone squanders her financial resources, she still has a right not to be poor. But if she loses her ability to acquire enough caviar, then she should take responsibility and not claim that society restores her resources. Similarly, if someone loses the ability to use her limbs through her own negligence, she still has a right to healthcare and mobility and a legitimate claim on society. However, if she thereby also squanders her ability to seduce men, she has no claim on anyone. If the same person has a preference for the enjoyment of a particular human right, but puts herself in a situation in which this enjoyment is impossible, she still has a claim to help. But her preference for fine chocolate made impossible through self-induced or non-self-induced diabetes doesn’t generate a legitimate claim on society. And, finally, if she squandered a good opportunity to education, she still has a valid claim to get some minimum level of education; if, however, she squandered a good dating opportunity, she doesn’t have a claim to the restoration of this opportunity.

Although the sidelining of responsibility is usually not a good thing, there are some practical advantages to it in this case. It’s often extremely difficult to detect responsible or irresponsible behavior. Seemingly irresponsible behavior may look like a voluntary choice but in reality it’s perhaps a choice that is determined by genetics, upbringing etc. Theories of equality which make responsibility and choice a precondition for equality – like luck egalitarianism for instance – face some challenging problems and a high risk of mistake.

Luck egalitarianism

Luck egalitarianism is yet another theory of equality. It demands that people’s unchosen luck (called brute luck, as opposed to option luck, the latter being the luck that people have when taking risks) be equalized. People should start life (in some versions of luck egalitarianism, adult life) with equal fortune, and equal fortune means equal resources, abilities and opportunities. They should be compensated for misfortune due to the lottery of birth. After that, all inequalities resulting from voluntary choice should be accepted by people themselves and by society.

Luck egalitarianism, like all other theories of equality discussed here (with the exception of equality of rights), is plagued by serious problems. Apart from the epistemological one (the difficulty of detecting voluntary choice and responsibility), there’s the problem of cruelty: why should we leave people to starve even if they have brought starvation upon themselves? They have, after all, a right not to starve. And then there’s the problem of intrusiveness: the epistemological problem will force luck egalitarian governments to enact KGB style measures in order to gain as much certainty as possible about responsibility. Other problems are discussed here.

The same solution is available here: instead of compensating people for all types of bad brute luck (but not option luck), we should compensate them for bad luck – brute or option – when this bad luck implies violations of their human rights or difficulties for future enjoyment of their human rights. People who are born paralyzed or who become paralyzed later in life – due to an accident which is or isn’t their own fault – all have a right to mobility and hence an egalitarian claim to social assistance. People who are born without talents or who squander their talents, don’t have such a claim because there is no right to have talent.

What is Equality? (2): Or, Equality of What?

As I mentioned before, when people talk about equality they mean equality of something very specific. The problem is, they hardly ever agree on the specifics. So it’s not uncommon to see two people talking about equality and actually talking about something completely different. And even when they’re talking about the same specific type of equality, they often disagree about its importance, its definition and its (lack of) merits.

Here’s a list of some of the types of equality that are frequently discussed:

  1. equality of respect and/or dignity
  2. equality of income or wealth (sometimes equality of consumption)
  3. equality of a bundle of basic resources needed for a minimally decent human life
  4. equality of capabilities
  5. equality of power (political and other power)
  6. equality of rights
  7. equality of luck or opportunity, i.e. equality of natural and social endowments.

I’ll skip the first one for now (I may come back to it in a later post) because it’s vague in its policy implications, and it’s those implications I want to focus on here. In fact, what do we want to do when we say that we want to promote one of the remaining 6 types of equality? And what are the likely problems we’ll face? Let’s go over them one by one.

2. Equality of income or wealth (sometimes equality of consumption)

Few people actually want to strive towards complete equality of income, wealth or consumption, for several good reasons.

  • First, people have different consumption needs and hence different income or wealth requirements. And I’m talking about needs, not preferences. People who prefer expensive stuff will have a hard time justifying the inequality of income or wealth that they require to satisfy their tastes. On the other hand, a blind person will have no difficulties making the case for a higher income. Preferences may also be problematic when they aim too low rather than too high. People who are born into deprivation and only see deprivation around them may adjust their preferences and expectations so that they are satisfied with their lives. However, it would be wrong to follow their preferences rather than their real needs.
  • And secondly, equality of income or wealth creates an incentive problem. See here. If people are not rewarded for their efforts, they may decide that their efforts aren’t worth their while, and society as a whole may be worse off as a result.

So equality of income is in fact shorthand for reduced income inequality. As we don’t want this type of equality to collapse into the next one (see number 3 below), let’s assume that we’re not talking about a society in which income inequality means that the people at the wrong side of the inequality are poor – poor in the sense that they lack the basic resources needed for a minimally decent human life. So, instead picture a society in which all prosper but some prosper a lot more than others.

Is that kind of inequality a problem? Many say it isn’t. Why should a university professor care about how much a business tycoon earns? However, income inequality in this sense can be problematic. It can, for instance, shock people’s notions of fairness and justice. If the professor successfully teaches her students about morality, and the business tycoon earns his wealth by polluting the earth, it may seem unjust that the professor should be rewarded less. Merit and desert are powerful ideals, and a society that systematically violates these ideals through its system of rewards may not be the ideal place to live.

Even if the tycoon earns his wealth by way of morally sound activities, there can be a problem of justice: perhaps he started life in an advantaged position compared to the professor, and therefore doesn’t (entirely) earn his rewards. Maybe the professor also wanted to become a tycoon, but her blindness forced her into a different career. (See point 7 below). And even if the starting positions are equal, the result of the tycoon’s wealth may be that he, compared to the professor, has a larger influence on democratic politics. (See point 5 below). This may destroy democracy, or at least result in a highly fragmented and therefore also unstable society.

So we have some good reasons to do something about this type of inequality. However, when we try to reduce – not eliminate – income inequality, we’ll probably reach a point at which redistribution starts to discourage people from being productive (the incentive problem mentioned above). Or not. Perhaps the loss of income they suffer because of redistribution makes them want to be more productive. Higher productivity can be the means to compensate for the loss of income. It’s not clear how strong these two possible effects are.

In any case, many of the problems caused by income inequality don’t need to be solved by way of reductions in income inequality. Unequal political influence generated by unequal wealth can be solved by limiting the influence of wealth on politics, rather than by limiting wealth.

More on income inequality here.

3. Equality of a bundle of basic resources needed for a minimally decent human life

Let’s now drop the assumption that we’re talking about a society in which all prosper, albeit unequally. That’s unrealistic anyway. Even in the richest countries on earth, there are many people who are unable to secure the bundle of basic resources necessary for a decent human life. There’s a theory called sufficientarianism that wants to focus, not on income inequality or relative poverty, but on absolute destitution. It claims, correctly I think, that all have a right to an equal bundle of basic resources and that this is what equality means.

The easiest way to make sure that people possess these basic resources is to give them enough money to buy them. For example, there’s a political movement advocating a guaranteed basic income (an income people receive whether they work or not; Philippe van Parijs is a notable supporter of this policy). But also employment benefits, healthcare benefits etc. aim to provide people with access to the basic resources necessary for a decent life.

The advantage of giving people money is of course that money is fungible: people can use it the way they want. That means it takes into account the fact that different people need different and different amounts of basic goods (take again the case of a blind person). If you give people basic goods directly, rather than the money necessary to buy them, then it becomes difficult to tailor the given goods to the specific and variable needs of individuals. An all-purpose means such as money is clearly better.

However, you’ll still have the problem that some people may need more money than others because they have basic needs that are more expensive, again not because of differences in taste or preferences, but because of different abilities. A blind person does not only need different resources but also more resources in order to lead a minimally decent human life. So we’ll have to factor in capabilities (see point 4 below). Hence, equality of basic resources, outside of the capabilities approach, isn’t enough. If that’s your goal, you won’t do justice to everyone.

An additional difficulty is that the composition of the bundles has to be different from one country to another, and not just from one individual to another. A minimally decent life in one society is more costly than in another one. In a highly industrialized and technological society, it’s more expensive to earn a living than in a society where, in a manner of speaking, you can just pick the fruit from the threes. If you add up all these differences in the content and quantity of the bundles you risk ending up with something very arbitrary. The whole concept of a basic bundle may lose its meaning.

Even if we assume that this type of equality does retain some meaning as a separate type of equality, we’re faced with the same incentive problem as in income equality, depending on how costly the bundle of resources is and how heavily we have to tax to produce it.

A final problem with this type of equality is one of fairness. The guaranteed basic income approach, as well as all other forms of unconditional provision of basic resources, seems to reward the lazy and punish the hard working. It’s reasonable to provide basic resources to people who are poor because of bad luck, lack of talents, bad health etc., but not to those who voluntarily choose not to be productive.

4. Equality of capabilities

So let’s turn to this next type of equality, which can be seen as a fine-tuning of the previous type. Why do we say that people need a bundle of basic goods for a minimally decent life? Because a minimally decent life means something. It means having the capabilities to engage in certain functionings that are part of a minimally decent life. These functionings include “beings and doings” (in the words of Amartya Sen), such as being nourished and in good health, taking part in community life, culture and thinking etc. People’s capabilities to achieve these functionings should be equalized. That doesn’t necessarily require a fixed and equal basic income. On the contrary, because a fixed basic income does not take into account the different levels of incapability across individuals. Some people need no help whatsoever. Others may need a lot. The blind person mentioned a few times already may need more than the average poor person, but perhaps less than a particular person who’s very deep in poverty.

The problem with this type of equality is the precise determination of the list of functionings and capabilities that really matter and that should be equalized. There’s a risk of paternalism, a lack of neutrality and a sectarian bias. Maybe a democratic approach to this determination can solve that problem. And that’s the link to the next type of equality.

5. Equality of power (political and other power).

In a democracy, people have – formally at least – equal political freedom. They all have the right to vote, to voice criticism or support, to campaign and demonstrate, to assemble and associate, and to stand for office. However, a lack in some of the other types of equality mentioned above may reduce the fair value and effectiveness of this democratic equality for a certain number of citizens, e.g. the poor, the blind, etc. As already argued, even prosperous citizens can have unequal power in a society with large income discrepancies (remember the professor and the tycoon).

So, if we want to promote this kind of equality of power, we first need to promote other types of equality. People may need access to basic resources in order to have the time and energy to devote to politics. And some of these resources are directly necessary for political participation (people have to drive to the polling station, read the newspapers etc.). However, equality of power can also be promoted without first promoting other types of equality. We can regulate campaign financing and access to the media and thereby limit the influence of wealth on politics. We don’t necessarily need to reduce wealth inequality to do that (although there may be other reasons to limit wealth inequality, see above). Equality of power, therefore, doesn’t necessarily collapse into other types of equality. It’s a concept that merits a separate existence.

Equality of power isn’t just equality of political power. Slaveholders have power over their slaves, husbands may have (had) power over their wives etc. Again, equality of power in these contexts can be promoted by first promoting other types of equality. If slaves and women are given basic resources then we reduce the cost of exiting the oppressive relationship as well as the power of the counter-party to keep them in that relationship. We may also want to given them equal rights.

However, I see that this post is dragging along and is now way past the saturation level, I guess. So I’ll stop here and just link to some previous posts dealing with the two remaining types of equality:

6. Equality of rights: here
7. Equality of luck or opportunity, i.e. equality of natural and social endowments: here

The Compatibility of Freedom and Equality (11): Freedom as Capability

Freedom as independence or the absence of interference (especially government interference) is an important concept but it doesn’t cover all useful meanings of the word. Freedom is more than just the (relatively) unhindered ability to do as you like; it’s also the availability of significant and wide ranging choices and of the capabilities to do the things you choose to do. Choices and capabilities may be enhanced by the absence of interference, but also by interference. Someone who’s doesn’t suffer interference by her government, and who isn’t pressured by her family, tradition or society, may still lack freedom because her choices and capabilities are limited: maybe she doesn’t have a basic income necessary to make choices and act on these choices. Or maybe she didn’t receive the education necessary to have the capabilities to make informed choices. In those cases, government interference in society by way of poverty reduction and the provision of education may enhance freedom. Take an example that’s less controversial than education or poverty: traffic rules. These rules interfere with what we can do, and yet they vastly increase our choices and opportunities and they allow us to do what we choose (getting somewhere), because they prevent chaos and accidents.

Normally, the point of driving is to get somewhere. The traffic laws enable us to get where we are going much more quickly and safely than we would if each of us had to decide for him- or herself which side of the street to drive on. The traffic laws do not tell us where to go. They leave the choice of destination, and for that matter the decision whether to drive at all, entirely up to us. They simply tell us which side of the road to drive on, that we should stop at various points, and so forth. By taking away our freedom to drive on the left, or to blast through busy intersections, they grant us much more freedom in the form of a greatly enhanced ability to get wherever we want to go quickly and safely.

Anyone who thinks that the traffic laws enhance our freedom should acknowledge that in some cases, including this one, government action can enhance our freedom, even if that action takes the form of restrictions on what we can and cannot do. An enormous number of questions about which (other) forms of government action might enhance our freedom would remain to be answered, but the fact that some government policy involves either a more active government or new restrictions on our action would not, by itself, imply that it diminishes our freedom. Hilary Bok (source)

Traffic rules are a form of government interference that enhances our capabilities. And while they may not be representative of all government rules, we can safely conclude that some constraining rules can also be enabling rules. By limiting certain kinds of behavior, government actions and laws can greatly expand the range of possible behavior. Paradoxically, limiting freedom can mean expanding freedom.

Government can enhance our freedom by helping us to expand our choices and foster our capabilities, and by giving us the opportunity to exercise our capabilities as often – or as little – as we want. It does so especially for those of us who would struggle to foster and use our capabilities by ourselves. Hence, government enhancement of capabilities often means equalization of capabilities. Not in the case of traffic rules because in that case everyone equally depends on government intervention; in the case of education and poverty reduction, however, some will benefit much more than others.

The important thing, according to Martha Nussbaum (who, together with Amartya Sen, has written a lot about the capabilities approach), is not that we exercise all our capabilities all of the time, but that we all have an equal opportunity to exercise our capabilities as much or as little as we choose. People who starve cannot exercise their capabilities, but people who fast could exercise their capabilities but choose not to. Only in the former case is there a task for government. Likewise, something must be done when people in a totalitarian state can’t read the books they want, not when people in a free country decide to be coach potatoes. The power of choice is the central concern, not what is actually chosen. Capabilities are important, not actual functionings.

Read the other posts in this series here.

Measuring Equality of Opportunity

People on opposite sides of political debates often agree on very little, but they do agree on the importance of equality of opportunity. There is almost universal agreement that people should have at least a starting position that guarantees an equal chance of success in whatever life projects one chooses, for those willing to invest an equal amount of effort. More specifically, equality of opportunity is often defined as an equal likelihood of success for all at age 18 (in order to factor in possible inequalities of opportunity determined by education).

Equality of opportunity is by definition an impossible goal. The lottery of birth means more than being unable to choose to be born in a wealthy family with caring parents who can finance your education and motivate you to achieve your goals. It also means that you can’t choose which talents and genes you are born with. Genetic differences are no more a matter of choice than the character and means of your parents. And genetic differences affect people’s talents, skills and maybe even their capacity to invest effort. So, as long as we can’t redistribute beneficial genes or disable harmful ones, and as long as we don’t want to intervene in people’s families and redistribute children, we can’t remove the impact of genes and parents.

However, we can do something. Equality of opportunity may be impossible but there is less or more inequality of opportunity. Or concern should be to provide as much equality of opportunity as possible, and to expand opportunity for those who are relatively less privileged. This means removing things that hold some people back (e.g. discrimination, unemployment, bad schools etc.), and – more positively – helping people to cultivate their capabilities and expand their choices.

How doe we measure if these interventions are successful? It seems very difficult to measure equality of opportunity. All we can do is measure some of the elements of opportunity:

  • We can measure unequal income and infer unequal opportunity from this. People with low income obviously have less opportunities than other people. However, not all opportunities can be bought and maybe low income isn’t the result of a disadvantaged upbringing or bad schools, but of bad choices, or even conscious choices. Can we say that a child of a millionaire who chose to be a hermit suffered from unequal opportunity? Don’t think so.
  • We can measure unequal education and skills (educational attainment or degrees, IQ tests etc.). However, someone who comes from a very privileged family but with low or alternative aspirations may score low on educational attainment or even IQ.
  • We can deduce unequal opportunity by the absence of opportunity enhancing government policies and legislation. The Civil Rights Act was self-evidently a boost for the opportunities of African-Americans.
  • We can measure social mobility and assume, correctly I think, that very low levels of mobility indicate inequality of opportunity.
  • Etc.

Whatever actions we take to enhance opportunity, it will probably always be relatively unclear what the net outcome will be on overall equality of opportunity. Of course, that doesn’t mean we shouldn’t do anything. And when we do something, we should also distinguish clearly between things we can do and things we can’t to, or things we feel are immoral (e.g. genetic redistribution or child redistribution). We know that parental attitudes, genetics, talent, appearance, networks and luck have a huge impact on individuals’ chances of success, but those are things we can’t do anything about, either because it’s impossible or because it’s immoral. But we can teach people skills and perseverance, to a certain extent. We can help the unlucky, for example with unemployment benefits. We can regulate firms’ employment policies so as to counteract the “old boys networks” or racism in employment decisions. We can impose an inheritance tax in order to limit the effects of the lottery of family. Etc etc.

The Compatibility of Freedom and Equality (8): Liberty = Freedom From the State + Freedom From Social Pressure + Equality of Opportunity

Libertarians traditionally adopt a negative kind of freedom, and, more precisely, limited negative freedom: they believe that individuals should be free from interference by the government. They seldom accept that individuals can be coerced by private and social constructs, such as tradition, the family, gender roles, cultural racism etc. Here’s a rather long but exceptionally well-written quote that makes this point:

I am disturbed by an inverse form of state worship I encounter among my fellow [libertarian] skeptics of government power. This is the belief that the only liberty worth caring about is liberty reclaimed from the state; that social pathologies such as patriarchy and nationalism are not the proper concerns of the individualist; that the fight for freedom stops where the reach of government ends. … [L]ibertarians for whom individualism is important cannot avoid discussions of culture, conformism, and social structure. Not every threat to liberty is backed by a government gun. … [W]hen a libertarian claims that his philosophy has no cultural content — has nothing to say, for instance, about society’s acceptance of gays and lesbians — he is engaging in a kind of cultural politics that welcomes the paternalism of the mob while balking at that of the state. …

To take a very basic example, at mid-century 5.5 percent of Americans entering medical school happened to have female bodies. This number may well have reflected women’s limited interest in pursuing medicine as a career. But that level of interest also reflected a particular view of women in positions of authority, a certain range of social spaces that girls could imagine themselves inhabiting. Norms that positioned women as wives and mothers obviously functioned as constraints on identity formation. None of this has much to do with limited government, but it has everything to do with individuals struggling to assert themselves against a collective. …

Libertarians will agree that laws requiring racial segregation and prohibiting victimless, though controversial, sexual practices are contrary to their creed. But if the constraints on freedom of association suddenly become social rather than bureaucratic [or legal] — if the neighborhood decides it does not want black residents, or the extended family decides it cannot tolerate gay sons — we do not experience a net expansion of freedom. Kerry Howley (source)

In other words, libertarians are stuck in the first part of the following equation:

Liberty = Freedom From the State + Freedom From Social Pressure + Equality of Opportunity

But there is also a tendency to go no further than the second part. Many accept that society can restrict the freedom of individuals, but don’t grant the same powers to inequality of opportunity. As I stated in two previous posts (here and here), it makes sense to view freedom more positively as the possession of resources and capabilities that are necessary to make a really free choice between alternatives and opportunities. The freedom of those without certain resources and capabilities (such as education, health and a basic income) is futile because they can’t exercise their freedom, not because they are actively interfered with by the state or by their social environment, but because they can’t choose between opportunities. Someone who’s left alone by her government, and who isn’t pressured by her family, tradition or society, may still lack freedom because she doesn’t have a basic income or education necessary to make choices and realize these choices. Amartya Sen has pioneered this view. Hence the importance of helping people to develop their capabilities, e.g. anti-poverty programs, investments in education and healthcare etc. Of course, it’s precisely such programs that often horrify libertarians…

All this is of course a gross simplification, but if you wanted to explain human political ideology to Martians, that’s probably how you could start:

  • Libertarians focus on freedom against the state; freedom against social pressure isn’t very interesting or at least not a priority; equalizing opportunities, resources and capabilities is harmful because it empowers the state and violates property rights.
  • Conservatives agree with libertarians on the first and last part of the equation, but preserve the right to use social pressure to impose their – often Christian – ideology (e.g. same-sex marriage), sometimes even with the help of the state (in which case the freedom from the state isn’t important anymore).
  • Liberals think all three parts of the equation are important but sometimes struggle to find the right balance. So-called “big spending liberals” may accept a large state apparatus.
  • Socialists focus on the last two parts, often at the expense of the first. State intervention is believed to be highly beneficial, without substantial risks to individual freedom.

The Compatibility of Freedom and Equality (7): Negative and Positive Freedom

It think it’s fair to say that both the libertarian and egalitarian conceptions of freedom are wrong. Libertarians traditionally adopt a negative kind of freedom. More precisely, they believe that individuals should be free from interference, especially interference by the government, and with their property. They don’t accept that it makes sense to view freedom more positively as the possession of resources and capabilities that are necessary to make a really free choice between alternatives and opportunities. The freedom of those without certain resources and capabilities (such as education, health and a basic income) is futile because they can’t exercise their freedom, not because they are actively interfered with but because they can’t choose between opportunities.

Such a positive freedom is preferred by egalitarians (also called social-democrats, progressives, or even liberals). These, however, often make the mistake of denying the importance of negative freedom. In their effort to equalize freedom they often show disdain for non-interference and property rights.

There is a relatively easy way to bring these two points of view a bit closer together. The main worry of libertarians is that egalitarians will use the power of the state to redistribute property. (Remember the uproar over the claim by Obama that he wants to “spread the wealth around”). As I stated here, there are good reasons to encourage voluntary redistribution by citizens, without enforcement by the state (enforcement should only be necessary when citizens fail to engage in charity). If the resources and capabilities necessary for an equal positive freedom are redistributed voluntarily by citizens, then there is no interference and negative freedom and property rights are safeguarded.

This may sound naive, but I don’t think it is. There’s already an enormous amount of private charity and remittances are also a very important source of financial aid.

The Compatibility of Freedom and Equality (6): Freedom and Economic Rights

If freedom is a good only because of the value that lies in exercising it, then those who lack the capacity or resources to exercise a given freedom are being denied the enjoyment of it, even though they may not formally be being obstructed. David Beetham (source)

Either freedom is important, or it isn’t important. It can’t be the case that freedom is important for certain people and that it may be legitimately denied to other people. I don’t think that we’ll still find many people defending such a position.

If people should be allowed to enjoy freedom equally, then we should try to remove the obstacles which make it harder for some people, compared to others, to enjoy freedom. Traditionally, these obstacles were believed to be government restrictions on freedom, such as laws against certain religions, laws against the expression of certain ideas, or laws discriminating against people of a certain race or gender for example. Gradually, people began to understand that private actions can also counteract equal freedom: slavery, gender discrimination in the family etc.

A third step was the realization – still incomplete – that equal freedom doesn’t only suffer from active obstruction – public or private – but also from unequal capacities or resources. Equal freedom requires both the absence of coercion and the presence of resources. People who lack a decent income, a basic education and good health will never be as free as their fellow human beings who possess these resources.

The question is then, how can people acquire these resources in case they lack them? Much depends of course on their own efforts. Their fellow human beings may decide to act charitably and in a spirit of “fraternité”. A lack of charity is as effective as discrimination when it comes to restricting equal freedom. And the same is true for governments.

However, people who find themselves at the wrong end of unequal freedom don’t have to count on government or private charity. They have a right to those resources necessary for equal freedom. This right has been translated into the concept of economic rights. Read more.