The Morality of Freedom
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Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments.
writers have recently challenged the common view it is necessary to re-examine it. This is the purpose of the present chapter. 1. Authority and Justied Power R. Sartorius is one of those who challenge the common view that legitimate authority held by A over B implies a duty on B to obey A.9 He does, however, regard political authority as ‘a morally justiﬁed form of authorship constituted by certain moral capacities, justiﬁcation-rights, and claim-rights’.10 A parent's authority is likewise
consenting, but not by promising (except in the special case in which the very undertaking of an obligation to act in a certain way terminates one's right not to do so). Besides, sometimes a person's consent to a right or beneﬁt is required for him to acquire that right or a beneﬁt. Consent, in other words, differs from promises by being capable of investing the consentor with rights. There are, therefore, three kinds of consent that do not impose obligations on the agent: ﬁrst, where his
limits, force people to obey their moral duty when they incline not to do so. The misleadingly alarming appearance of our conclusions results from the fact that they show that where conformity is called for it is based only some of the time, and less often than is often imagined, on the legitimate authority of the government, and often on other considerations. Theoretically the main conclusion of the foregoing discussion is in the emphasis on the separateness of the issues of (1) the authority of
the state; (2) the scope of its justiﬁed power; (3) the obligation to support just institutions; (4) the obligation to obey the law. Interrelated as these four issues undoubtedly are, they do each bring into play independent considerations. In considering the core issue of the authority of the state the most important conclusion is in the relative independence of identiﬁcation with one's community as a non-instrumental basis of authority, which is none the less subject to limits imposed by the
speech.95 We must conclude that (apart from artiﬁcial persons) only 94 See T. M. Scanlon, Jr., ‘Freedom of Expression and Categories of Freedom’, University of Pittsburgh Law Review, (1979), 519 . 95 Two typical English cases are A.-G. v Jonathan Cape Ltd.  Q.B. 752; Home Ofﬁce v Harman  1 All E.R. 532. 180 INDIVIDUALISTIC FREEDOM those whose well-being is intrinsically valuable can have rights; but that rights can be based on the instrumental value of the interests of such