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Real freedom for all turtles in Sugarscape? - Presses universitaires ...

Real freedom for all turtles in Sugarscape? - Presses universitaires ...

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276A r g u i n g a b o u t j u s t i c een<strong>for</strong>ced <strong>in</strong> <strong>in</strong>dependent courts. There is clearly a tension between the twodef<strong>in</strong><strong>in</strong>g features of a polity be<strong>in</strong>g liberal and at the same time democratic. Ifthe "will of the people" is supposed to rule, why accept limitations to thatrule by recogniz<strong>in</strong>g and en<strong>for</strong>c<strong>in</strong>g liberties, the use of which may turn out torestrict and <strong>in</strong>terfere with democratic rule?The short version of the answer is that the "will of the people" is ahomogeniz<strong>in</strong>g artefact fabricated by leaders (however benevolent they mayhappen to be) rather than a reality that can be determ<strong>in</strong>ed, or derived fromany political doctr<strong>in</strong>e, <strong>in</strong> the absence of people us<strong>in</strong>g their rights to expresswhat their will actu<strong>all</strong>y consists <strong>in</strong>. If I am not mistaken, there is, <strong>in</strong> someregions of Lat<strong>in</strong> America, a strong tendency by political elites to claim acerta<strong>in</strong> knowledge of what people want and need; this tendency is mostunderstandable under conditions of profound and evident social <strong>in</strong>justices.Yet it is a tendency that is <strong>in</strong> danger of de-activat<strong>in</strong>g and alienat<strong>in</strong>g exactlythose "people" <strong>in</strong> whose name leaders of progressive populist movementsclaim to speak. It is true that at least some people can use their rights <strong>in</strong>order to obstruct progressive policies; they can be stopped from do<strong>in</strong>g so byany comb<strong>in</strong>ation of the three antidotes mentioned <strong>in</strong> #6. They are likely tomake every ef<strong>for</strong>t to act even more obstructively <strong>in</strong> case they are deprived ofthese rights.8. Rights are conta<strong>in</strong>ers of liberties. There are (at least) two vastly divergent<strong>in</strong>terpretations of what "liberty" means. One is the libertarian read<strong>in</strong>g or"liberty from …". It emphasizes the negative and passive aspect, as the libertyis seen to consist <strong>in</strong>, accord<strong>in</strong>g to this <strong>in</strong>terpretation, the right not to be<strong>in</strong>terfered with <strong>in</strong> the use of the right (of property, of op<strong>in</strong>ion and itsexpression etc.) by political authorities. The other is a positive and activeread<strong>in</strong>g, or "liberty to…". To be free means, at the <strong>in</strong>dividual as well as on thecollective level, to be <strong>in</strong> the possession of the resources and security that<strong>all</strong>ow you to pursue your own life plans and fashion your own way of liv<strong>in</strong>gso as to realize the full potential of your social existence, as long as do<strong>in</strong>g sodoes not <strong>in</strong>terfere with the equal liberty of any other person. Thus, a personis free if and when s/he is <strong>in</strong> full possession of the resources andopportunities needed to be <strong>in</strong> control of one's own fate and at the same timefree from fear and asymmetrical dependency upon others. Accord<strong>in</strong>g to thisread<strong>in</strong>g, liberty is someth<strong>in</strong>g that must not just be respected by authorities; itis someth<strong>in</strong>g the essence of which must be provided <strong>for</strong>, generated, andguaranteed by political authorities. To illustrate the difference between thetwo read<strong>in</strong>gs: A person who is a long-term unemployed <strong>in</strong> a contemporaryEuropean country enjoys perfect liberty accord<strong>in</strong>g to the first understand<strong>in</strong>gof the term. But s/he suffers from a total denial of liberty accord<strong>in</strong>g to the

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