Positive and Negative Liberty
Positive and Negative Liberty
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First published Thu Feb 27, 2003; substantive revision Mon Mar 5, 2012
Negative liberty is the absence of obstacles, barriers or constraints. One has negative liberty to the extent that actions are available to one in this negative sense. Positive liberty is the possibility of acting — or the fact of acting — in such a way as to take control of one’s life and realize one’s fundamental purposes. While negative liberty is usually attributed to individual agents, positive liberty is sometimes attributed to collectivities, or to individuals considered primarily as members of given collectivities.
The idea of distinguishing between a negative and a positive sense of the term ‘liberty’ goes back at least to Kant, and was examined and defended in depth by Isaiah Berlin in the 1950s and ’60s. Discussions about positive and negative liberty normally take place within the context of political and social philosophy. They are distinct from, though sometimes related to, philosophical discussions about . Work on the nature of positive liberty often overlaps, however, with work on the nature of .
As Berlin showed, negative and positive liberty are not merely two distinct kinds of liberty; they can be seen as rival, incompatible interpretations of a single political ideal. Since few people claim to be against liberty, the way this term is interpreted and defined can have important political implications. Political tends to presuppose a negative definition of liberty: liberals generally claim that if one favors individual liberty one should place strong limitations on the activities of the state. Critics of liberalism often contest this implication by contesting the negative definition of liberty: they argue that the pursuit of liberty understood as self-realization or as self-determination (whether of the individual or of the collectivity) can require state intervention of a kind not normally allowed by liberals.
Many authors prefer to talk of positive and negative freedom. This is only a difference of style, and the terms ‘liberty’ and ‘freedom’ are normally used interchangeably by political and social philosophers. Although some attempts have been made to distinguish between liberty and freedom (Pitkin 1988; Williams 2001; Dworkin 2011), generally speaking these have not caught on. Neither can they be translated into other European languages, which contain only the one term, of either Latin or Germanic origin (e.g. liberté, Freiheit), where English contains both.
1. Two Concepts of Liberty
Imagine you are driving a car through town, and you come to a fork in the road. You turn left, but no one was forcing you to go one way or the other. Next you come to a crossroads. You turn right, but no one was preventing you from going left or straight on. There is no traffic to speak of and there are no diversions or police roadblocks. So you seem, as a driver, to be completely free. But this picture of your situation might change quite dramatically if we consider that the reason you went left and then right is that you’re addicted to cigarettes and you’re desperate to get to the tobacconists before it closes. Rather than driving, you feel you are being driven, as your urge to smoke leads you uncontrollably to turn the wheel first to the left and then to the right. Moreover, you’re perfectly aware that your turning right at the crossroads means you’ll probably miss a train that was to take you to an appointment you care about very much. You long to be free of this irrational desire that is not only threatening your longevity but is also stopping you right now from doing what you think you ought to be doing.
This story gives us two contrasting ways of thinking of liberty. On the one hand, one can think of liberty as the absence of obstacles external to the agent. You are free if no one is stopping you from doing whatever you might want to do. In the above story you appear, in this sense, to be free. On the other hand, one can think of liberty as the presence of control on the part of the agent. To be free, you must be self-determined, which is to say that you must be able to control your own destiny in your own interests. In the above story you appear, in this sense, to be unfree: you are not in control of your own destiny, as you are failing to control a passion that you yourself would rather be rid of and which is preventing you from realizing what you recognize to be your true interests. One might say that while on the first view liberty is simply about how many doors are open to the agent, on the second view it is more about going through the right doors for the right reasons.
In a famous essay first published in 1958, Isaiah Berlin called these two concepts of liberty negative and positive respectively (Berlin 1969).[] The reason for using these labels is that in the first case liberty seems to be a mere absence of something (i.e. of obstacles, barriers, constraints or interference from others), whereas in the second case it seems to require the presence of something (i.e. of control, self-mastery, self-determination or self-realization). In Berlin’s words, we use the negative concept of liberty in attempting to answer the question “What is the area within which the subject — a person or group of persons — is or should be left to do or be what he is able to do or be, without interference by other persons?”, whereas we use the positive concept in attempting to answer the question “What, or who, is the source of control or interference that can determine someone to do, or be, this rather than that?” (1969, pp. 121–22).
It is useful to think of the difference between the two concepts in terms of the difference between factors that are external and factors that are internal to the agent. While theorists of negative freedom are primarily interested in the degree to which individuals or groups suffer interference from external bodies, theorists of positive freedom are more attentive to the internal factors affecting the degree to which individuals or groups act autonomously. Given this difference, one might be tempted to think that a political philosopher should concentrate exclusively on negative freedom, a concern with positive freedom being more relevant to psychology or individual morality than to political and social institutions. This, however, would be premature, for among the most hotly debated issues in political philosophy are the following: Is the positive concept of freedom a political concept? Can individuals or groups achieve positive freedom through political action? Is it possible for the state to promote the positive freedom of citizens on their behalf? And if so, is it desirable for the state to do so? The classic texts in the history of western political thought are divided over how these questions should be answered: theorists in the classical liberal tradition, like Constant, Humboldt, Spencer and Mill, are typically classed as answering ‘no’ and therefore as defending a negative concept of political freedom; theorists that are critical of this tradition, like Rousseau, Hegel, Marx and T.H. Green, are typically classed as answering ‘yes’ and as defending a positive concept of political freedom.
In its political form, positive freedom has often been thought of as necessarily achieved through a collectivity. Perhaps the clearest case is that of Rousseau’s theory of freedom, according to which individual freedom is achieved through participation in the process whereby one’s community exercises collective control over its own affairs in accordance with the ‘general will’. Put in the simplest terms, one might say that a democratic society is a free society because it is a self-determined society, and that a member of that society is free to the extent that he or she participates in its democratic process. But there are also individualist applications of the concept of positive freedom. For example, it is sometimes said that a government should aim actively to create the conditions necessary for individuals to be self-sufficient or to achieve self-realization. The negative concept of freedom, on the other hand, is most commonly assumed in liberal defences of the constitutional liberties typical of liberal-democratic societies, such as freedom of movement, freedom of religion, and freedom of speech, and in arguments against paternalist or moralist state intervention. It is also often invoked in defences of the right to private property, although some have contested the claim that private property necessarily enhances negative liberty (Cohen, 1991, 1995).
After Berlin, the most widely cited and best developed analyses of the negative concept of liberty include Hayek (1960), Day (1971), Oppenheim (1981), Miller (1983) and Steiner (1994). Among the most prominent contemporary analyses of the positive concept of liberty are Milne (1968), Gibbs (1976), C. Taylor (1979) and Christman (1991, 2005).
2. The Paradox of Positive Liberty
Many liberals, including Berlin, have suggested that the positive concept of liberty carries with it a danger of authoritarianism. Consider the fate of a permanent and oppressed minority. Because the members of this minority participate in a democratic process characterized by majority rule, they might be said to be free on the grounds that they are members of a society exercising self-control over its own affairs. But they are oppressed, and so are surely unfree. Moreover, it is not necessary to see a society as democratic in order to see it as self-controlled; one might instead adopt an organic conception of society, according to which the collectivity is to be thought of as a living organism, and one might believe that this organism will only act rationally, will only be in control of itself, when its various parts are brought into line with some rational plan devised by its wise governors (who, to extend the metaphor, might be thought of as the organism’s brain). In this case, even the majority might be oppressed in the name of liberty.
Such justifications of oppression in the name of liberty are no mere products of the liberal imagination, for there are notorious historical examples of their endorsement by authoritarian political leaders. Berlin, himself a liberal and writing during the cold war, was clearly moved by the way in which the apparently noble ideal of freedom as self-mastery or self-realization had been twisted and distorted by the totalitarian dictators of the twentieth century — most notably those of the Soviet Union — so as to claim that they, rather than the liberal West, were the true champions of freedom. The slippery slope towards this paradoxical conclusion begins, according to Berlin, with the idea of a divided self. To illustrate: the smoker in our story provides a clear example of a divided self, for she is both a self that desires to get to an appointment and a self that desires to get to the tobacconists, and these two desires are in conflict. We can now enrich this story in a plausible way by adding that one of these selves — the keeper of appointments — is superior to the other: the self that is a keeper of appointments is thus a ‘higher’ self, and the self that is a smoker is a ‘lower’ self. The higher self is the rational, reflecting self, the self that is capable of moral action and of taking responsibility for what she does. This is the true self, for rational reflection and moral responsibility are the features of humans that mark them off from other animals. The lower self, on the other hand, is the self of the passions, of unreflecting desires and irrational impulses. One is free, then, when one’s higher, rational self is in control and one is not a slave to one’s passions or to one’s merely empirical self. The next step down the slippery slope consists in pointing out that some individuals are more rational than others, and can therefore know best what is in their and others’ rational interests. This allows them to say that by forcing people less rational than themselves to do the rational thing and thus to realize their true selves, they are in fact liberating them from their merely empirical desires. Occasionally, Berlin says, the defender of positive freedom will take an additional step that consists in conceiving of the self as wider than the individual and as represented by an organic social whole — “a tribe, a race, a church, a state, the great society of the living and the dead and the yet unborn”. The true interests of the individual are to be identified with the interests of this whole, and individuals can and should be coerced into fulfilling these interests, for they would not resist coercion if they were as rational and wise as their coercers. “Once I take this view”, Berlin says, “I am in a position to ignore the actual wishes of men or societies, to bully, oppress, torture in the name, and on behalf, of their ‘real’ selves, in the secure knowledge that whatever is the true goal of man … must be identical with his freedom” (Berlin 1969, pp. 132–33).
Those in the negative camp try to cut off this line of reasoning at the first step, by denying that there is any necessary relation between one’s freedom and one’s desires. Since one is free to the extent that one is externally unprevented from doing things, they say, one can be free to do what one does not desire to do. If being free meant being unprevented from realizing one’s desires, then one could, again paradoxically, reduce one’s unfreedom by coming to desire fewer of the things one is unfree to do. One could become free simply by contenting oneself with one’s situation. A perfectly contented slave is perfectly free to realize all of her desires. Nevertheless, we tend to think of slavery as the opposite of freedom. More generally, freedom is not to be confused with happiness, for in logical terms there is nothing to stop a free person from being unhappy or an unfree person from being happy. The happy person might feel free, but whether they are free is another matter (Day, 1970). Negative theorists of freedom therefore tend to say not that having freedom means being unprevented from doing as one desires, but that it means being unprevented from doing whatever one might desire to do.
Some theorists of positive freedom bite the bullet and say that the contented slave is indeed free — that in order to be free the individual must learn, not so much to dominate certain merely empirical desires, but to rid herself of them. She must, in other words, remove as many of her desires as possible. As Berlin puts it, if I have a wounded leg ‘there are two methods of freeing myself from pain. One is to heal the wound. But if the cure is too difficult or uncertain, there is another method. I can get rid of the wound by cutting off my leg’ (1969, pp. 135–36). This is the strategy of liberation adopted by ascetics, stoics and Buddhist sages. It involves a ‘retreat into an inner citadel’ — a soul or a purely noumenal self — in which the individual is immune to any outside forces. But this state, even if it can be achieved, is not one that liberals would want to call one of freedom, for it again risks masking important forms of oppression. It is, after all, often in coming to terms with excessive external limitations in society that individuals retreat into themselves, pretending to themselves that they do not really desire the worldly goods or pleasures they have been denied. Moreover, the removal of desires may also be an effect of outside forces, such as brainwashing, which we should hardly want to call a realization of freedom.
Because the concept of negative freedom concentrates on the external sphere in which individuals interact, it seems to provide a better guarantee against the dangers of paternalism and authoritarianism perceived by Berlin. To promote negative freedom is to promote the existence of a sphere of action within which the individual is sovereign, and within which she can pursue her own projects subject only to the constraint that she respect the spheres of others. Humboldt and Mill, both defenders of the negative concept of freedom, compared the development of an individual to that of a plant: individuals, like plants, must be allowed to grow, in the sense of developing their own faculties to the full and according to their own inner logic. Personal growth is something that cannot be imposed from without, but must come from within the individual.
3. Two Attempts to Create a Third Way
Critics, however, have objected that the ideal described by Humboldt and Mill looks much more like a positive concept of liberty than a negative one. Positive liberty consists, they say, in exactly this growth of the individual: the free individual is one that develops, determines and changes her own desires and interests autonomously and from within. This is not liberty as the mere absence of obstacles, but liberty as autonomy or self-realization. Why should the mere absence of state interference be thought to guarantee such growth? Is there not some third way between the extremes of totalitarianism and the minimal state of the classical liberals — some non-paternalist, non-authoritarian means by which positive liberty in the above sense can be actively promoted?
Much of the more recent work on positive liberty has been motivated by a dissatisfaction with the ideal of negative liberty combined with an awareness of the possible abuses of the positive concept so forcefully exposed by Berlin. John Christman (1991), for example, has argued that positive liberty concerns the ways in which desires are formed — whether as a result of rational reflection on all the options available, or as a result of pressure, manipulation or ignorance. What it does not regard, he says, is the content of an individual’s desires. The promotion of positive freedom need not therefore involve the claim that there is only one right answer to the question of how a person should live, nor need it allow, or even be compatible with, a society forcing its members into given patterns of behavior. Take the example of a Muslim woman who claims to espouse the fundamentalist doctrines generally followed by her family and the community in which she lives. On Christman’s account, this person is positively unfree if her desire to conform was somehow oppressively imposed upon her through indoctrination, manipulation or deceit. She is positively free, on the other hand, if she arrived at her desire to conform while aware of other reasonable options and she weighed and assessed these other options rationally. Even if this woman seems to have a preference for subservient behavior, there is nothing necessarily freedom-enhancing or freedom-restricting about her having the desires she has, since freedom regards not the content of these desires but their mode of formation. On this view, forcing her to do certain things rather than others can never make her more free, and Berlin’s paradox of positive freedom would seem to have been avoided.
It remains to be seen, however, just what a state can do, in practice, to promote positive liberty in Christman’s sense without encroaching on any individual’s sphere of negative liberty: the conflict between the two ideals seems to survive his alternative analysis, albeit in a milder form. Although not coercing individuals into specific patterns of behavior, a state interested in promoting autonomy in Christman’s sense might still be allowed considerable space for intervention of an informative and educational nature, perhaps subsidizing some activities (in order to encourage a plurality of genuine options) and financing this through taxation. Liberals might criticize this on anti-paternalist grounds, objecting that such measures will require the state to use resources in ways that the supposedly heteronomous individuals, if left to themselves, might have chosen to spend in other ways. Some liberals will make an exception in the case of the education of children (in such a way as to cultivate open minds and rational reflection), but even here other liberals will object that the right to negative liberty includes the right to decide how one’s children should be educated.
Other theorists of freedom have remained closer to the negative conception of freedom but have attempted to go beyond it, saying that freedom is not merely the enjoyment of a sphere of non-interference but the enjoyment of certain conditions in which such non-interference is guaranteed (see especially Pettit 1997, 2001, and Skinner 1998, 2002). These conditions may include the presence of a democratic constitution and a series of safeguards against a government wielding power arbitrarily, including the exercise of civic virtues on the part of citizens. As Berlin admits, on the negative view of freedom, I am free even if I live in a dictatorship just as long as the dictator happens, on a whim, not to interfere with me (see also Hayek 1960). There is no necessary connection between negative freedom and any particular form of government. On the alternative view sketched here, I am free only if I live in a society with the kinds of political institutions that guarantee the independence of each citizen from exercises of arbitrary power. Quentin Skinner has called this view of freedom ‘neo-Roman’, invoking ideas about freedom both of the ancient Romans and of a number of Renaissance and early modern writers. Philip Pettit has called the same view ‘republican’, and this label has tended to dominate in the recent literature (Weinstock and Nadeau 2004; Larmore 2004; Laborde and Maynor 2008).
Republican freedom can be thought of as a kind of status: to be a free person is to enjoy the rights and privileges attached to the status of republican citizenship, whereas the paradigm of the unfree person is the slave. Freedom is not simply a matter of non-interference, for a slave may enjoy a great deal of non-interference at the whim of her master. What makes her unfree is her status, such that she is permanently liable to interference of any kind. Even if the slave enjoys non-interference, she is, as Pettit puts it, ‘dominated’, because she is permanently subject to the arbitrary power of her owner.
Contemporary republicans therefore claim that their view of freedom is quite distinct from the negative view of freedom. As we have seen, one can enjoy non-interference without enjoying non-domination; conversely, according to Pettit, one can enjoy non-domination while nevertheless being interfered with, just as long as the interference in question is constrained, through republican power structures, to track one’s interests. Only arbitrary power is inimical to freedom, not power as such. On the other hand, republican freedom is also distinct from positive freedom as expounded and criticized by Berlin. First, republican freedom does not consist in the activity of virtuous political participation; rather, that participation is seen as instrumentally related to freedom as non-domination. Secondly, the republican concept of freedom cannot lead to anything like the oppressive consequences feared by Berlin, because it has a commitment to non-domination and to liberal-democratic institutions already built into it.
It remains to be seen, however, whether the republican concept of freedom is ultimately distinguishable from the negative concept, or whether republican writers on freedom have not simply provided good arguments to the effect that negative freedom is best promoted, on balance and over time, through certain kinds of political institutions rather than others. While there is no necessary connection between negative liberty and democratic government, there may nevertheless be a strong empirical correlation between the two. Ian Carter (1999, 2008), Matthew H. Kramer (2003, 2008), and Robert Goodin and Frank Jackson (2007) have argued, along these lines, that republican policies are best defended empirically on the basis of the standard negative ideal of freedom, rather than on the basis of a conceptual challenge to that ideal. An important premise in their arguments is that the degree to which a person is negatively free depends, in part, on the probability with which he or she will be constrained from performing future acts or act-combinations. People who are subject to arbitrary power can be seen as less free in the negative sense even if they do not actually suffer interference, because the probability of their suffering constraints is always greater (ceteris paribus, as a matter of empirical fact) than it would be if they were not subject to that arbitrary power. In reply, Pettit (2008a, 2008b) and Skinner (2008) have insisted that what matters for an agent’s freedom is the impossibility of others interfering with impunity, not the improbability of their doing so.
Much of the most recent literature on political and social freedom has concentrated on the above debate over the differences between the republican and liberal (i.e. negative) conceptions of freedom. Critiques of the republican conception that build on, or are otherwise sympathetic to, those of Carter and Kramer, can be found in Bruin (2009), Lang (2012) and Shnayderman (2012). Pettit himself has continued to refine his position, and has further discussed its relation to that of Berlin (Pettit 2011). Berlin’s own conception of negative liberty, he argues, occupies an inherently unstable position between the more restrictive Hobbesian view and the more expansive view of freedom as non-domination. Pettit’s analysis of freedom has also inspired further work on the concept of domination itself, most notably Frank Lovett’s account of domination as a descriptive concept and of justice as the minimization of domination (Lovett 2010).