PHIL 2050 Lecture Notes - Negative Liberty, Positive Liberty
Document Summary
4 features of law, which give, rise to philosophical questions: Law is filled with abstract concepts in need of explanations (rules, obligations, freedom etc . Law is morally significant; it affects our interest in important ways. (ability to make choices) positive freedom and carry out those choices (negative freedom) Liberal democracies attempt to make the value of autonomy prominent by recognizing various freedoms and liberties in their constitutions: Epistemological argument: we find happiness in various ways, we are not good judges of what will make others happy nor are we generally good guardians of other persons best interest. Practical argument: as mill says, the individual person. Is there person most interested in his well-being: the interest which any other person, except in cases of strong personal attachment, can have in it, is trifling, compared with that which he himself has (c261)