[net.politics.theory] Liberalism, Part III

carnes@gargoyle.UUCP (Richard Carnes) (03/09/86)

I will make a stab at explaining the basic meaning of "liberalism"
past and present.  Since Ronald Dworkin can do this much better than
I can, I will let him do the talking.  The excerpts below are taken
from his essay "Liberalism", which appears in both *Public and
Private Morality*, ed. Stuart Hampshire, and *Liberalism and Its
Critics*, ed. Michael Sandel (the latter is a very useful volume).  

Liberalism, says Dworkin, is based on the belief that government must
treat all its citizens with equal concern and respect:  as free,
independent, and with equal dignity -- a belief shared by American
(US) conservatives.  But the liberal also believes that government
must be neutral on "the question of the good life," and denies that
government must operate on a theory of what human beings ought to be:
_____________

The [liberal] theory of equality supposes that political decisions
must be, so far as it is possible, independent of any particular
conception of the good life, or of what gives value to life.  Since
the citizens of a society differ in their conceptions, the government
does not treat them as equals if it prefers one conception to
another, either because the officials believe that one is
intrinsically superior, or because one is held by the more numerous
or more powerful group. ...

Suppose that a liberal is asked to found a new state.  He is required
to dictate its constitution and fundamental institutions.  He must
propose a general theory of political distribution, that is, a theory
of how whatever the community has to assign, by way of goods or
resources or opportunities, should be assigned.  He will arrive
initially at something like this principle of rough equality:
resources and opportunities should be distributed, so far as
possible, equally, so that roughly the same share of whatever is
available is devoted to satisfying the ambitions of each.  Any other
general aim of distribution will assume either that the fate of some
people should be of greater concern than that of others, or that the
ambitions or talents of some are more worthy, and should be supported
more generously on that account....

But what does the principle of rough equality of distribution require
in practice?  If all resources were distributed directly by the
government through grants of food, housing, and so forth; if every
opportunity citizens have were provided directly by the government
through the provisions of civil and criminal law; if every citizen
had exactly the same talents; if every citizen started with no more
than what any other citizen had at the start; and if every citizen
had exactly the same theory of the good life and hence exactly the
same scheme of preferences between productive activity of different
forms and leisure, then the principle of rough equality of treatment
could be satisfied simply by equal distributions of everything to be
distributed and by civil and criminal laws of universal
application....

Of course, none of these conditions of similarity holds.  But the
moral relevance of different sorts of diversity are very different,
as may be shown by the following exercise.  Suppose all the
conditions of similarity I mentioned did hold except the last:
citizens have different theories of the good and hence different
preferences.  They therefore disagree about what product the raw
materials and labor and savings of the community should be used to
produce, and about which activities should be prohibited or regulated
so as to make others possible or easier.  The liberal, as lawgiver,
now needs mechanisms to satisfy the principles of equal treatment in
spite of these disagreements.  He will decide that there are no
better mechanisms available, as general political institutions, than
the two main institutions of our own political economy:  the economic
market, for decisions about what goods shall be produced and how they
shall be distributed, and representative democracy, for collective
decisions about what conduct shall be prohibited or regulated so that
other conduct might be made possible or convenient.  Each of these
familiar institutions may be expected to provide a more egalitarian
division than any other general arrangement....

In a society in which people differed only in preferences, then, a
market would be favored for its egalitarian consequences.... But we
must now return to the real world.  In the actual society for which
the liberal must construct political institutions, there are all the
other differences [talents, inheritance, handicaps]....

These inequalities will have great, often catastrophic, effects on
the distribution that a market economy will provide.  But, unlike
differences in preferences, the differences these inequalities make
are indefensible according to the liberal conception of equality.  It
is obviously obnoxious to the liberal conception, for example, that
someone should have more of what the community as a whole has to
distribute because he or his father had superior skill or luck.  [In
other words, the liberal lawgiver must, on his own principles, reject
an institution or principle of distribution which has this effect.
Dworkin is not claiming that wealth "belongs" to the community before
it is distributed, but rather that it gets distributed *somehow*,
willy-nilly; so what is the principle by which wealth *should* be
distributed?]  The liberal lawgiver therefore faces a difficult
task....

The liberal must be tempted, therefore, to a reform of the market
through a scheme of redistribution that leaves its pricing system
relatively intact but sharply limits, at least, the inequalities in
welfare that his initial principle prohibits.  No solution will seem
perfect.... In either case, he chooses a mixed economic system --
either redistributive capitalism or limited socialism -- not in order
to compromise antagonistic ideals of efficiency and equality, but to
achieve the best practical realization of the demands of equality
itself.  ...

[The liberal] must now consider the second of the two familiar
institutions he first selected, which is representative democracy.
Democracy is justified because it enforces the right of each person
to respect and concern as an individual; but in practice the
decisions of a democratic majority may often violate that right,
according to the liberal theory of what the right requires.  Suppose
a legislature elected by a majority decides to make criminal some act
not because the act deprives others of opportunities they want, but
because the majority disapproves of those [political] views or that
sexual morality.... The decision invades rather than enforces the
right of citizens to be treated as equals....

How can the liberal protect citizens against that sort of violation
of their fundamental right? ... The liberal, therefore, needs a
scheme of civil rights, whose effect will be to determine those
political decisions that are antecedently likely to reflect strong
external preferences, and to remove those decisions from majoritarian
political institutions altogether.... The rights encoded in the Bill
of Rights of the US Constitution, as interpreted (on the whole) by
the Supreme Court, are those that a substantial number of liberals
would think reasonably well suited to what the US now requires....

He has available, in the notion of procedural rights, a different
device to protect equality in a different way.  He will insist that
criminal procedure be structured to achieve a margin of safety in
decisions, so that the process is biased strongly against the
conviction of the innocent....

So the liberal, drawn to the economic market and to political
democracy for distinctly egalitarian reasons, finds that these
institutions will produce inegalitarian results unless he adds to his
scheme different sorts of individual rights.  These rights will
function as trump cards held by individuals; they will enable
individuals to resist particular decisions in spite of the fact that
hese decisions are or would be reached through the normal workings of
general institutions that are not themselves challenged.  The
ultimate justification of these rights is that they are necessary to
protect equal concern and respect; but they are not to be understood
as representing equality in contrast to some other goal or principle
served by democracy or the economic market.  The familiar idea, for
example, that rights of redistribution are justified by an ideal of
equality that overrides the efficiency ideals of the market in
certain cases, has no place in liberal theory.... --Ronald Dworkin
[To be continued]
-- 
Richard Carnes, ihnp4!gargoyle!carnes

laura@hoptoad.uucp (Laura Creighton) (03/11/86)

In article <363@gargoyle.UUCP> carnes@gargoyle.UUCP (Richard Carnes) writes:
>I will make a stab at explaining the basic meaning of "liberalism"
>past and present.  Since Ronald Dworkin can do this much better than
>I can, I will let him do the talking.  The excerpts below are taken
>from his essay "Liberalism", which appears in both *Public and
>Private Morality*, ed. Stuart Hampshire, and *Liberalism and Its
>Critics*, ed. Michael Sandel (the latter is a very useful volume).  
>
>Liberalism, says Dworkin, is based on the belief that government must
>treat all its citizens with equal concern and respect:  as free,
>independent, and with equal dignity -- a belief shared by American
>(US) conservatives.  But the liberal also believes that government
>must be neutral on "the question of the good life," and denies that
>government must operate on a theory of what human beings ought to be:

Unfortunately, this is impossible.  You cannot both promote the belief
that a government must treat all its citizens with equal concern and respect
and be neutral on the question of what human beings ought to be.  As a bare
minimum you must have a theory which says ``government officials ought
to treat all its citizens with equal concern and respect''.

However, there is a deeper problem in Dworkin's conception of conservatism.
Conservatives do not believe that a government should treat all its
citizens with *equal* respect -- just with *at a bare minimum*, a
minimum amount of respect.  Thus conservatives and liberals will both
agree that all its citizens deserve respect, but conservatives claim
that it is possible to get more respect.  Respect can be earned.
While Dworkin claims that liberals want to treat all citizens with equal
respect, I have actually neer met one who demonstrates this belief.

Like everyone else, liberals have heroes, and accord them respect -- so
people like Mother Theresa, and Martin Luther King are accorded more
respect than the average.  (Note -- I do this as well.  I find nothing
wrong with the practice, for indeed I believe that Mather Theresa and
Martin Luther King *deserve* more respect. But how one can hold this
belief while also believing that a government must be neutral on the
question of what human beings ought to be escapes me.  I don't think
it is possible.)

Finally, what is Dworkin's concept of the function of the judicial branch
of government?  Surely he believes that it is part of government.  But
it most clearly is *not* neutral on the question of what human beings 
ought to be.  (We can get into a semantic quibble here over whether
Dworkin thinks the function of courts is only to determine what human
beings ought not to be.  Buth when you covert that into ``everything not
forbidden is good'' you still have made a statement about what is good.)

Actually, I would like to see Dworkin attempt to defend the SEC, but
no matter...

>_____________
>These inequalities will have great, often catastrophic, effects on
>the distribution that a market economy will provide.  But, unlike
>differences in preferences, the differences these inequalities make
>are indefensible according to the liberal conception of equality.  It
>is obviously obnoxious to the liberal conception, for example, that
>someone should have more of what the community as a whole has to
>distribute because he or his father had superior skill or luck.

It is this concept of equality which is morally obnoxious to a
conservative.   Consider -- if one really believed this then one would
be forced to give an equal amount of music lessons to all, rather than
the lions share to those who have superior skill in music.  It also
ignores that preferences and skills are linked -- those who have a
preference for an area of study can usually develop skills in this area
through their efforts, and those who have skills in an area usually
develop a preference for it.  The two are not distinct.

-- 
Laura Creighton		
ihnp4!hoptoad!laura  utzoo!hoptoad!laura  sun!hoptoad!laura
toad@lll-crg.arpa

desj@brahms.BERKELEY.EDU (David desJardins) (03/16/86)

In article <608@hoptoad.uucp> laura@hoptoad.UUCP (Laura Creighton) writes:
>>Liberalism, says Dworkin, is based on the belief that government must
>>treat all its citizens with equal concern and respect:  as free,
>>independent, and with equal dignity -- a belief shared by American
>>(US) conservatives.  But the liberal also believes that government
>>must be neutral on "the question of the good life," and denies that
>>government must operate on a theory of what human beings ought to be:
>
>Unfortunately, this is impossible.  You cannot both promote the belief
>that a government must treat all its citizens with equal concern and respect
>and be neutral on the question of what human beings ought to be.  As a bare
>minimum you must have a theory which says ``government officials ought
>to treat all its citizens with equal concern and respect''.

   No, "government" is not the same as "government officials" (at least,
not always, and certainly not in theory).  In practice, this means that
those who become government officials are those who are willing to enforce
the chosen principles of government.  Since no one is forced to be a
government official, this is not a problem.

>However, there is a deeper problem in Dworkin's conception of conservatism.
>Conservatives do not believe that a government should treat all its
>citizens with *equal* respect -- just with *at a bare minimum*, a
>minimum amount of respect.  Thus conservatives and liberals will both
>agree that all its citizens deserve respect, but conservatives claim
>that it is possible to get more respect.  Respect can be earned.
>While Dworkin claims that liberals want to treat all citizens with equal
>respect, I have actually neer met one who demonstrates this belief.

   Nobody claims that liberals treat all citizens with equal respect.
Individuals of course are free to treat others with as much or as little
respect as they desire.  But the *government* must treat people with
equal respect (equal protection under the laws).

>Like everyone else, liberals have heroes, and accord them respect -- so
>people like Mother Theresa, and Martin Luther King are accorded more
>respect than the average.

   But you would not want the government to accord them more respect,
or to treat them differently under the laws.  This is the point.

>Finally, what is Dworkin's concept of the function of the judicial branch
>of government?  Surely he believes that it is part of government.  But
>it most clearly is *not* neutral on the question of what human beings 
>ought to be.  (We can get into a semantic quibble here over whether
>Dworkin thinks the function of courts is only to determine what human
>beings ought not to be.  Buth when you covert that into ``everything not
>forbidden is good'' you still have made a statement about what is good.)

   There is also a semantic point about "what human beings are" vs.
"what human beings do."  But this is not truly relevant either.
   The fact is that here you have a good point.  Any sort of law is,
by definition, not neutral on what human beings ought to be.  Anybody
out there want to speak in defense of Dworkin's statement?

   -- David desJardins

laura@hoptoad.uucp (Laura Creighton) (03/18/86)

In article <12428@ucbvax.BERKELEY.EDU> desj@brahms.UUCP (David desJardins) writes:
>In article <608@hoptoad.uucp> laura@hoptoad.UUCP (Laura Creighton) writes:
>>
>>Unfortunately, this is impossible.  You cannot both promote the belief
>>that a government must treat all its citizens with equal concern and respect
>>and be neutral on the question of what human beings ought to be.  As a bare
>>minimum you must have a theory which says ``government officials ought
>>to treat all its citizens with equal concern and respect''.
>
>   No, "government" is not the same as "government officials" (at least,
>not always, and certainly not in theory).  In practice, this means that
>those who become government officials are those who are willing to enforce
>the chosen principles of government.  Since no one is forced to be a
>government official, this is not a problem.

You have missed it.  Dworkin comes right out and says that a government
must treat all its citizens with equal concern and respect.  But this is
a normative statement.  It implies that, at a bare minimum, the government
officials who create and enforce government policy treat all its citizens
with equal concern and respect.  Therefore it cannot be neutral on the
question of what human beings ought to be.  The two aims are incompatible.

>
>   Nobody claims that liberals treat all citizens with equal respect.
>Individuals of course are free to treat others with as much or as little
>respect as they desire.  But the *government* must treat people with
>equal respect (equal protection under the laws).

But the government, as an abstraction, only exists through the actions of
individual government employees.  And these employees, being human beings,
cannot treat all citizens with equal respect.  What they can do is treat
human beings with a *minimum* of respect, but that is not the same thing.

>
>>Like everyone else, liberals have heroes, and accord them respect -- so
>>people like Mother Theresa, and Martin Luther King are accorded more
>>respect than the average.
>
>   But you would not want the government to accord them more respect,
>or to treat them differently under the laws.  This is the point.

On the contrary, I would expect that the government treat them with more
respect.  This is inevitable.  I would not expect them to be exempt from
the laws of the land, by and large, but even this is not totally true.
If Martin Luther King were alive today to organise civil disobedience
in protest to some law which he found discriminatory, I would expect that
more people would investigate the possibility that the law was in the wrong
out of respect for Martin Luther King than if somebody else protested the
very same law.  This sounds unfair, but also sounds like what would happen.
And at the end, MLK might not have to pay any penalty for breaking the law.
Since I am assuming that the law was unjust to begin with, I would be glad
that he did not have to pay the penalty, but the fact would remain that he
was treated differently than the last person who had to pay the penalty.
-- 
Laura Creighton		
ihnp4!hoptoad!laura  utzoo!hoptoad!laura  sun!hoptoad!laura
toad@lll-crg.arpa