Oppression Is Not An Individual Right: On Protecting Our Basic Liberties
So we’ve talked a lot about individual rights. Individual rights are important and they are a cornerstone of liberal democratic society. Basic liberties can be thought of as a specific more narrow type of individual rights. So today we’re going to talk about basic liberties and individual rights, two cornerstones of liberal thought, and how their strict prioritization over social justice can inadvertently contribute to social inequality.
Individual rights serve as safeguards against potential abuses of power by the government but they don’t always serve as adequate protections against abuses by the majority. Individual rights are supposed to provide a check on the potential infringement of personal liberties and protect individuals from undue coercion or oppression but without minority group rights individual rights often fail to be enjoyed by minority groups, even in liberal democratic societies.
Individual Rights and Minority Rights
The concept of individual rights has long been a central part of liberal democratic societies, emphasizing the value of individualism and personal autonomy. In many ways, the application of individual rights as a more important national goal than minority rights can demonstrate the pitfalls of valuing individualism over community. This is why acknowledging the tension that exists between these two aspects of political life (the individual and the community) and their equal significance in shaping the fabric of society is essential to achieving balance between individual rights and social justice.
Individual rights are grounded in the belief that individuals possess inherent dignity and autonomy, which entitles them to certain freedoms and protections. This is of course something that must be recognized as true in any liberal democracy. The recognition of individual rights values the ability of individuals to make choices, pursue their own goals, and express their unique identities. The emphasis on individualism within individual rights emphasizes the importance of personal freedom and self-determination.
While individual rights emphasize the value of individualism, they do not negate the importance of the community or the common good. A balanced perspective acknowledges that individual rights can coexist with a sense of communal responsibility. Society benefits when individuals have the freedom to pursue fulfillment and expression of their cultural and religious identities without fear of repression; however, achieving this requires a balance between the ideals of individualism and the ideal of community.
The value of individualism celebrated within the framework of individual rights must recognize the importance of diversity and pluralism or the individual identities of minority communities are not protected. Each individual brings unique perspectives, talents, and contributions to the collective fabric of society. By embracing individual rights as well as minority group rights societies can foster an environment that encourages diverse ideas, creativity, and innovation, enriching the overall well-being of the community.
Minority group rights include things like a constitutional guarantee that organizations in the sectors of education, justice, healthcare, housing, and employment pursue equal outcomes for minorities. We currently only have a vague promise of equal protection under the law for all. However, in order for minorities to experience that equality there must be specific guidelines on how to balance individual rights and minority group rights in the constitution or majorities will argue it is their basic liberty to transgress the equality of others. This is what is seen in the argument that private businesses providing custom services have the right to refuse service to LGBTQ customers on the basis of their own individual rights. In this case, the right to oppress the right of another to social equality is seen as a basic individual right. This is because the law does not specifically say that the rights minorities with a history of discrimination must be prioritized to the right of majority groups to dominate; instead, it prioritizes oppression as an individual right.
Individual rights should empower individuals to be able to all equally challenge the status quo, advocate for change, and address social injustices regardless to communal identity. By recognizing and protecting individual rights along with minority group rights, societies encourage individuals to participate actively in the democratic process, effecting positive social change. This empowerment of individuals contributes to the progress and development of society as a whole.
Individual rights serve as safeguards against potential abuses of power by the state and minority group rights serve as safeguards against mob violence and the tyranny of the majority. This is essential for democracy to work. They each provide an essential check on the potential infringement of liberties and protect individuals from undue coercion or oppression.
While individual rights prioritize individualism, it is essential to recognize the interdependence between individuals and their communities. The well-being and flourishing of individuals are often intertwined with the welfare of the community. The pursuit of individual interests can be harmonized with a sense of social responsibility, fostering a society where the rights and dignity of individuals are protected, and the common good is upheld.
Individual rights encompass the value of individualism, emphasizing personal autonomy and freedom within the context of a larger community. The tension between individualism and community necessitates a delicate balance, recognizing the importance of individual rights while also acknowledging the interdependence and shared responsibilities within society to protect the rights of minority identity groups. By detailing explicitly how to balance individual and group rights, societies can promote the flourishing of individuals, the empowerment of diverse perspectives, and the overall progress of the community.
Basic Liberties and Individual rights
Basic liberties are a more narrowly defined set of individual rights. Both concepts revolve around the protection and promotion of fundamental freedoms and entitlements, but they have slightly different scopes.
Individual rights typically refer to the inherent entitlements and freedoms possessed by each person as a result of their humanity. These rights are often considered universal, inalienable, and grounded in the principles of human dignity and autonomy. Examples of individual rights include the right to life, liberty, property, freedom of speech, and freedom of religion. Individual rights are often enshrined in legal documents such as constitutions.
On the other hand, basic liberties, as referred to in political theory, typically encompass a narrower set of fundamental freedoms that are essential for individuals to live a meaningful and fulfilling life within a democratic society. These liberties are generally protected and guaranteed by the state (the government) through legal frameworks and constitutional provisions. These are all still based on the individual and minority groups are not explicitly protected from abuses of these rights; therefore, these basic liberties can often be used by majority groups to argue for things that take away minority group rights to these same basic liberties through legal frameworks and policy provisions. This is because there is no balance. The prioritization of basic liberties over minority rights essentially takes away the right of minority groups to their basic rights in order to give majority groups the liberty to transgress those rights. The same tension that exists between individual rights and minority group rights exists between basic liberties and minority group rights.
In political theory, basic liberties refer to a set of fundamental freedoms that are considered essential for individuals to live a meaningful and fulfilling life within a democratic society. As mentioned earlier, these liberties are usually protected and guaranteed by the state through legal frameworks and constitutional provisions.
The specific list of basic liberties may vary depending on the political context, but they generally include the following:
1. Freedom of Speech: The right to express one's opinions, beliefs, and ideas without censorship or interference from the state.
2. Freedom of Religion: The right to hold and practice religious beliefs of one's choice, as well as the freedom from state-imposed religious beliefs.
3. Freedom of Assembly: The right to gather peacefully, associate with others, and engage in collective action, such as protests or public demonstrations.
4. Freedom of the Press: The right to freedom of expression for media outlets, ensuring the dissemination of information, opinions, and diverse viewpoints.
5. Right to Privacy: The right to privacy and protection against unwarranted intrusion into one's personal life, communications, and private affairs.
6. Right to Due Process: The right to fair and impartial legal proceedings, including the presumption of innocence, access to legal representation, and protection against arbitrary detention.
7. Equal Protection under the Law: The principle that all individuals are entitled to equal treatment and protection by the law, regardless of their race, gender, religion, or other characteristics.
These basic liberties are considered essential for the functioning of a democratic society, allowing individuals to exercise their rights, participate in public discourse, and live in accordance with their own values and beliefs. They form the foundation of a free and open society, promoting individual autonomy, diversity, and the protection of human rights. However, how do we ensure that the majority do not use their liberties to oppress the minority? Right now through recent supreme court decisions such as the end of race in affirmative action, and the end of protection against discrimination by private businesses against LGBTQ+ people demonstrate that when individual basic liberties are prioritized over social justice the basic liberties of the majority to discriminate against or dominate the minority is ensured. This is because basic liberties are seen as not something to balance against minority group rights but rather as something that is more important. This simply makes the rights of the majority more important than the rights of minorities by prioritizing individualism rather than balancing each group’s rights. This idea of basic liberties of individuals superseding the need for social justice comes from an idea of justice seen in the work of political theorist John Rawls.
John Rawls' Idea of Basic Liberties
John Rawls, a prominent political philosopher of the 20th century, wrote ”A Theory of Justice” to provide a framework for determining what is fair and just in the distribution of rights, resources, and opportunities within a society. Rawls' theory emphasizes principles of fairness, equality, and the prioritization of the most disadvantaged members of society; however, Rawls also emphasizes that basic liberties must be prioritized over group interests or social justice.
John Rawls proposed two key principles of justice in his seminal work, "A Theory of Justice." The first principle is the principle of equal basic liberties, which asserts that each person should have an equal right to the most extensive basic liberties compatible with a similar liberty for others. This principle encompasses fundamental freedoms such as freedom of speech, freedom of conscience, and the right to vote. The second principle is the difference principle, which addresses socio-economic inequalities. It states that inequalities are permissible as long as they benefit the least advantaged members of society. In other words, inequalities in wealth and resources are justifiable if they ultimately work to the advantage of those who are the most disadvantaged or marginalized. To embody these principles Rawls developed a comprehensive theory of justice known as "justice as fairness." But in this definition social justice is seen secondary to individual liberty. At the core of Rawls' theory are his principles of justice that he says protect and prioritize individual basic liberties.
Rawls' theory of justice is about how to achieve a fair distribution of social and economic benefits within society. In order to achieve his definition of “fairness” Rawls argues for the primacy of basic liberties as the foundation of a just society. He identifies a set of basic liberties that are essential for individuals to lead autonomous lives and pursue their conception of what is good. These liberties include freedom of thought, freedom of conscience, freedom of speech, political liberties, freedom of assembly, and freedom of association. According to Rawls, these liberties are to be held equally by all citizens and should not be subject to arbitrary restrictions or infringements.
Rawls assigns a significant degree of priority to basic liberties within his theory of justice. He posits that these liberties are protected by the first principle of justice, known as the principle of equal basic liberties. This principle states that each individual has an equal claim to the most extensive set of basic liberties compatible with a similar set of liberties for others. However, we know that minority groups do not have equal power to bring their claims forth in a liberal democratic society where there is a majority. This is the key issue with Rawls’ theory of justice. Rawls places individual basic liberties above social and economic inequalities and asserts that they should not be compromised for the sake of any other goals or objectives. Though Rawls makes an exception for when the exercise of these basic liberties impinges upon the equal liberties of others, he like our constitution, is unclear of how to balance this obvious tension within a diverse society.
Rawls' theory of justice comprises two principles that guide his theory of fair distribution of social and economic goods. The first principle, which prioritizes basic liberties, takes precedence over the second principle of socioeconomic inequality. If individual’s basic liberties are seen as more important than rather than equally important to social justice the rights of minority groups will remain at the mercy of the majority.
Conclusion
Rawls' theory of justice places a profound emphasis on the protection and prioritization of basic liberties. By anchoring his theory in the principle of equal basic liberties, Rawls underscores the fundamental importance of individual freedom and autonomy within a just and fair society. Basic liberties act as a safeguard against tyranny, facilitate the pursuit of personal conceptions of the good, and foster a democratic and inclusive social order. In Rawls' vision, the recognition and preservation of basic liberties lay the foundation for a just and equitable society that respects and upholds the rights and freedoms of all its members. However this relationship is not automatically true. In order for minority groups to have equal basic liberties to the majority there must be explicit minority group rights in addition to the protection of individual basic liberties and they like individual rights must be explicitly named in the constitution so that minorities can have their rights protected, all the way up to the highest court in the land. A vague and colorblind promise of equality with never be able to address the history and present of racial inequality in this country. There must be a specific law detailing minority rights to equitable outcomes in sectors of housing, education, justice, employment, and healthcare; however, in order to do this we must agree to not prioritize individual basic liberties over the collective wellbeing of minority groups. This means we must balance minority rights and individual rights, which requires us to give up our ideology that the individual is more important than the community. Instead, we must strive to achieve a harmonious balance between individual and community within our policy and law.