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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
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.
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.
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.
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.
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
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”
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.
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.