Freedom and rights W3

Berlin - freedom

negative liberty - freedom from governmental or physical interference, positive liberty - freedom to be self-determining, government should defend negative liberty as defence of positive freedom = paternalism

Rights-first Libertarianism

Nozick, rights are fundemental unjust to violate always, set constraints within social choice, only a minimal state can be justified - further intervention violates individuals rights

Republican liberty

Pettit, freedom is non-domination - no agents with the capacity to arbitarily interfer with them, requires checks and balances on government

Entilement theory

Nozick, Justice in holdings is historical and ensured by - holdings being accquired with the principle of justice, and holdings being transfered in accordance of principle of justice

Rights Bentham

only justified when they are the result of a utilitarian/democratic process, can sacrifice minority rights for the greater good

harm principle

Mill, regulation is only justified in regulating behaviour if it is causing harm to others, assumes individuals know what satisfies their preferences

Mill

liberal rights are justified in terms of the innovation and knowledge that results from them, free speech is an inviolable right in the search for the truth