Liberalism: State

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9 Terms

1
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State is necessary: Agree

  • ensure rule of law

  • protect rights and freedoms (Locke-life, liberty, property)

  • must itself be subject to law and gov by consent (CL, to protect the individual from illegitimate, tyrannical powers. ML, constitution to enshrine and enhance rights.

  • CL concede that state is a necessary evil

2
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CL: state is necessary. (Purpose)

  • minimal as possible. JL “nightwatchman”

  • Harm principle→ only protect people from others.

  • emphasizes how state should only intervene to uphold law and protect from invasion, police and army required

  • limiting power of govs via separations of power, acting as a check on each other.

3
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ML: State is necessary. (Purpose)

  • Mill developed ideas and argued for more state intervention to help the poor (industrial revolution) → influenced Beveridge report: welfare state.

  • Rawls: enabling state

  • Friedan: state to bring in legislature that prevents sexual discrimination, allowing women to flourish as individuals.

4
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Necessary: EVAL

  • Limited agreement. Only really agree on bare minimum (state should exist in some capacity)

  • Differ over role for state within soc and lives of individual.

5
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Freedom: Agree

  • state promotes freedom and individualism

  • JL: “where there is no law there is no freedom”

  • CL&ML feminists believe state should enhance & protect freedoms for women

  • Freidan (ML) women should be free to reach their full potential protected from patricrachal soc by legislation (abortion & contraception)

  • Wollstonecraft: state intervene to educate women, allowing them to be free from need for a husband.

6
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CL: Freedom

  • Minimum role for state JL: “nightwatchman” and Mill harm principle.

  • Stems from belief in negative freedom and emphasis on individual, leading to an atomistic soc that predates the state that should leave people free from constraint

7
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ML: freedom

  • larger role for state.

  • value positive freedom, to protect and enhance the lives of the individual.

  • seen in belief in enabling state (Rawls) and Beveridge “starving man is not free”

8
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Freedom: EVAL

  • Both emphasize freedom and believe that there is some role for the state to enhance it and protect rights.

  • However differ greatly over levels of state involvement.

9
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CONC

  • limited agreement

  • tension over levels of state involvement, doesn’t signal complete disagreement only separate context.

  • CL: suspicious and fearful of authoritarian and illegitimate govs

  • ML: post industrial Rev, growing conflict and inequality

  • Both strands want to achieve same thing; state that provides freedom and security for the individuals it protects, no matter how lightly.

  • while there is great tension, still some levels of agreement, despite being limited.