Liberty as the Foundation of Moral Rights

1. Liberty as the Foundation of Moral Rights Ethics and the Military Profession Liberty and Rights On Liberty (Mill) Reflections of the Revolution in France (Burke) Human Rights (Nickel) Paternalism (Dworkin)

3. Use of Military Force For what reasons may military force be deployed? For what reasons can the resort to force be justified? Self Defense (national sovereignty) Defense of Liberty Enforcement of Justice Protection of Human Rights

4. The Value of Liberty Request for �reasons� is an appeal to moral theory (like the kind we have been studying�) �Defense of Liberty� is a common justification for appeal to force But what makes �liberty� so important that force can be justified in its defense?

5. Q: What makes �liberty� so important that force can be justified in its defense? Descriptive Answer� Liberty is one of the chief virtues of democratic systems U. S. Constitution defines political institutions and procedures that ensure the liberties of citizens U.S. Military, under civilian control, is one of these institutions (�Constitutional paradigm�) Bill of Rights defines specific spheres of individual liberty that cannot be abrogated by government (e.g., First Amendment) Virtue�remember from Aristotle class�means Moral excellence � standard of right, commendable traitVirtue�remember from Aristotle class�means Moral excellence � standard of right, commendable trait

6. Q: What makes �liberty� so important that force can be justified in its defense? Normative Answer: Utilitarianism� Individual liberty is a component of happiness. �Individuals care not only about what happens to them, but also about their ability to determine or influence what happens to them� (Prof. Doug MacLean) People are better at recognizing and promoting their own happiness than that of others Individuals should thus be granted the moral right to a sphere of private interest to pursue their own happiness (Thomas Jefferson)

7. Q: What makes �liberty� so important that force can be justified in its defense? Normative Answer: Kant� Freedom (�autonomy�) is the basis of morality �Ought� implies �can�: if my reason imposes obligations and limitations on my behavior, it should be feasible for me to choose voluntarily to live within those constraints �Fact of Freedom� is the basis for human dignity � for treating persons as ends, not merely as means to an end (CI2)

8. Q: What makes �liberty� so important that force can be justified in its defense? Normative Answer: Aristotelian Virtue Theory� Focus on individual freedom is a modern, not an ancient, preoccupation Reason is the foundation of freedom (Kant), vs Reason is the means for discerning the Good (Aristotle) Judgment (phronesis), wisdom, self-control a sphere of liberty permits the cultivation of these virtues Happiness (eudaimonia) and human flourishing are unattainable (�or at least hard) for the slave

9. However, Aristotle also said this� Legislators make the citizens good by forming habits in them and this is the wish of every legislator� �[for] it is difficult to get from childhood onward a right training for virtue if one has not been brought up under right laws; for to live temperately and hardly is not pleasant to most people, especially when they are young. For this reason their nurture and occupations should be fixed by law, for they will not be painful when they have become customary� Aristotle, Nichomachean Ethics, II:1, X:9

10. Range of Liberty-limiting Principles Where would prohibition on abortion be? No smoking Affirmative action laws � (pro or con) Official language laws Immigration lawsWhere would prohibition on abortion be? No smoking Affirmative action laws � (pro or con) Official language laws Immigration laws

12. Rights and Liberty When, if ever, is it permissible for the state to restrict an individual�s liberty?

13. J. S. Mill On Liberty Classic attempt to address our previous questions thoroughly�.. Unusual to have a utilitarian defending an individual moral right (�nonsense�) Utility is the ultimate appeal (and this would normally favor the group over the individual) Mill, however, appeals to �utility in the largest sense, grounded on the permanent interests of man as a progressive being�

14. Mill identifies two discrete domains of life: The public, and the private. The public domain encompasses those actions which are other-regarding Has consequences for, and bring benefits/harm to others The private domain encompasses the realm of self-regarding actions which have consequences for no one else than the person who performs them. I do it, and it only affects ME Public versus Private Behavior

15. The Liberty Principle Also known as the �harm� principle �the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self-protection� �the only purpose for which power can be rightfully exercised over any member of a civilized community against his will, is to prevent harm to others.�

16. Rights and Liberty John Stuart Mill (1806-1873) Harm Principle �...the only legitimate reason for infringing a person�s Liberty is if he is causing harm to others.� Mill�s so-called Harm Principle, according to which the only legitimate reason for infringing a person�s Liberty is if he/she is causing harm to others. Mill�s so-called Harm Principle, according to which the only legitimate reason for infringing a person�s Liberty is if he/she is causing harm to others.

17. Freedom of Speech:What would Mill say?

18. Mill - On Liberty Mill employs two strategies for defending liberty of expression: Consequentialist and Human Flourishing

19. Mill�s Strategy for Defending Liberty of Expression:Consequentialist Rationale� We value truth; we�d rather have true beliefs than false ones We know that we are fallible and that we are inclined not to subject many of our beliefs and opinions to critical scrutiny The best way of discovering the truth and of increasing our confidence in our current beliefs and opinions is to consider as many different points of view as possible and to see how well our own views do in the �marketplace of ideas� Hence, we should have maximum liberty of expression His idea of fallibility is key� �if we never test a hypothesis, how do we know it is valid?His idea of fallibility is key� �if we never test a hypothesis, how do we know it is valid?

20. Mill�s Strategy for Defending Liberty of ExpressionHuman Flourishing Rationale� In Utilitarianism, Mill says that human beings have unique capacities and� �human happiness or flourish depends upon us exercising those capacities The capacities are of two types: cognitive -e.g., thought, deliberation, weighting up pros and cons of courses of action affective -e.g., aesthetic appreciation, friendship, long lasting relationships Maximum liberty of expression is a necessary condition for exercising these capacities Our happiness � remember Mill valued qualitative intellectual happiness over simple bodily pleasures � depends on our ability to exercise those unique cognitive and affective capacities like thought, decision making, freindship, etc � �.and how do you properly exercise things like decision making, thought or friendship without freedom to say what you need to?Our happiness � remember Mill valued qualitative intellectual happiness over simple bodily pleasures � depends on our ability to exercise those unique cognitive and affective capacities like thought, decision making, freindship, etc � �.and how do you properly exercise things like decision making, thought or friendship without freedom to say what you need to?

21. Rights and Liberty Three things to note about the Harm Principle as applied to freedom of expression It is a consequentialist principle - effectively saying that if the consequences of a certain type of speech are bad enough, then the state may restrict that type of speech When we think about whether some speech can be restricted, we must weigh the value to be protected against the alleged harm So� since the value to be protected is so great, only the most serious harm will be enough to tip the scales in favor of restriction, and that harm must be demonstrable (that is, be a proven effect of the speech in question.) Remember �Mill is a utilitarian � the benefits have to outweigh the harm�.and in this case, he believes it needs to be real harm- not just annoyance or offense.Remember �Mill is a utilitarian � the benefits have to outweigh the harm�.and in this case, he believes it needs to be real harm- not just annoyance or offense.

22. Public Infringement of Liberty �Acts of whatever kind, which, without justifiable cause, do harm to others may be, and in the more important cases absolutely require to be, controlled by the unfavorable sentiments, and when needful, by the active interference of mankind� �The liberty of the individual must be thus far limited: he must not make himself a nuisance to other people� Kant is much more paternalistic�.acts which harm other MAY BE controlled by active interference Nuisance test�more important case may be absolutely required.. Versus Mill�s approach � last resort and only to prevent serious harm.Kant is much more paternalistic�.acts which harm other MAY BE controlled by active interference Nuisance test�more important case may be absolutely required.. Versus Mill�s approach � last resort and only to prevent serious harm.

23. Why? Reasons? �the strongest of all the arguments against the interference of the public with purely personal conduct is that, when it does interfere, the odds are that it interferes wrongly, and in the wrong place� �In general, government should avoid interfering with the private lives of citizens, since they invariably do a poor job of regulation, and cause more harm than good, even when well intentioned�

24. People vs Larry Flint

25. Special Status of Thought & Speech (Public Fallibility) If the majority opinion is wrong, how else shall we discover error? If the majority opinion is true, how else shall we know its justification? Received opinion must be �vigorously and earnestly contested,� �..else it be held �in the manner of a prejudice, with little comprehension or feeling of its rational grounds� Usually the received view contains only partial truth; �the full truth is revealed only �by the collision of adverse opinions�

26. Implications Thought and, to a large extent, speech (including publication) ought NOT to be regulated Individual social practices like drinking, gambling, use of drugs, etc., are not �right or wrong, in and of themselves;��they should not be regulated except as they affect the public welfare E.g., �no person ought to be punished simply for being drunk, but a soldier or policeman should be punished for being drunk on duty� � J.S. Mill

27. What Changes in Military? Rights you �gave up� �Unlimited� Protest To NOT show up at work Make derogatory comments about elected officials Religious recruiting on duty Refuse NJP at sea Conduct prejudicial to good order and discipline� Rights you retained Write congress, Speak out of uniform (not in official capacity) Off-duty liberty Right to vote � i.e. elect those same officials Practice your religion Fair trial for judicial proceedings  Conduct compliant with good order and discipline

28. Rights and Liberty Which of the following items should be left to the judgment of the individual? Which should be subject to control of the chain of command in the military? Why? use of automobiles liberty use of alcohol tobacco addictive drugs fraternizing wearing of civilian attire Discussion on earrings on liberty�.Discussion on earrings on liberty�.

29. Should we or shouldn�t we? AAFES stores' (Like Navy Exchange Store or NEX) distribution of pornographic materials received media attention in 1996 when the House of Representatives passed the Military Honor and Decency Act, which banned sales of pornography on military bases. Income from this category had totaled $12 million for AAFES in 1995. The ban was quickly struck down as unconstitutional, but was later upheld by the Supreme Court. The Pentagon ultimately issued a directive banning some 150 pornographic publications while allowing the stores to continue selling 'softer' titles such as Playboy. CON- This is censorship � paternalism that Mill speaks out against PRO- Is it the BX/PX�s responsibility to supply you porn? Doesn�t a merchant have a choice about what it can sell? Does the right to free press demand merchants to sell any particular magazine? Sergeant in trouble for Playboy photos Air Force blasts her steamy pictorial as �not representative� of service Air Force sergeant bares all for PlayboyJan. 12: Air Force Staff Sgt. Michelle Manhart is in hot water for her Playboy spread. MSNBC.com's Dara Brown reports. updated 10:47 a.m. ET Jan. 12, 2007 SAN ANTONIO - "Drop and give me 20!" is something you might hear Air Force Staff Sgt. Michelle Manhart yell to airmen trainees at Lackland Air Force Base. Drop her trousers is what Manhart did for Playboy magazine, and now it's landed her in trouble with the military. "Of what I did, nothing is wrong so I didn't anticipate anything, of course," Manhart said Thursday of the pictorial. "I didn't do anything wrong so I didn't think it would be a major issue." In a six-page spread in February's issue, hitting newsstands this week, Manhart is photographed in uniform yelling and holding weapons under the headline "Tough Love." The following pages show her partially clothed wearing her dog tags while working out, as well as completely nude. Story continues below ? advertisement Manhart, 30, who is married with two children, has been relieved of her duties pending an investigation, according to Lackland AFB spokesman Oscar Balladares. "This staff sergeant's alleged action does not meet the high standards we expect of our airmen, nor does it comply with the Air Force's core values of integrity, service before self, and excellence in all we do. It is not representative of the many thousands of outstanding airmen who serve in the U.S. Air Force today," Balladares said, reading a statement. Experienced modelManhart has modeled since she was younger and joined the Air Force in 1994, spending time in Kuwait in 2002. The California native said she hopes the Playboy photo shoot will pave a way into an acting or modeling career. The pictorial's accompanying article mentioned the possibility of trouble for the brunette drill instructor. But when asked in the article whether it might get her in "hot water with Uncle Sam," Manhart replied: "I've been serving for 13 years, fighting for everyone's rights. Why wouldn't I be able to stand up for my own rights and participate in the freedoms that make this country what it is?" Manhart said she didn't see the magazine as an escape from the military. She also said she is completely committed to her job. "I've proven myself. ... They picked me to train our future airmen of the world," she said. "They picked me to train these individuals so if they elect to say I don't have (integrity), then that's their opinion." Did Sgt. Manhart deserve to be relieved of her duties? This has happened beforePlayboy magazine spokeswoman Theresa Hennessey said two active-duty women have posed nude in Playboy in the past. Both were in the Navy, she said. One, Sherry Lynne White, was discharged in July 2000 after posing nude for the magazine. She had been scheduled to be released from duty that October. Another, Frederica Spilman, received an honorable discharge, which she had sought before posing, and a letter expressing the Navy's dismay less than a week after the June 1998 issue hit newsstands. Spilman appeared in the magazine wearing opened flight jackets, camouflage lingerie and dog tags. The six-page pictorial, under the heading "Fly Girl," also included pictures of Spilman in her Navy uniform and flight suit. Hennessey added that seven women also were featured in a "Women of the Armed Forces" spread in April 1980. Manhart said the shoot came about after she went on a casting call and kept getting called back for test shots. The February pictorial was shot last spring, she said. "The Air Force says go do something amazing, and I think I pretty much did it," she said. CON- This is censorship � paternalism that Mill speaks out against PRO- Is it the BX/PX�s responsibility to supply you porn? Doesn�t a merchant have a choice about what it can sell? Does the right to free press demand merchants to sell any particular magazine? Sergeant in trouble for Playboy photos Air Force blasts her steamy pictorial as �not representative� of service Air Force sergeant bares all for PlayboyJan. 12: Air Force Staff Sgt. Michelle Manhart is in hot water for her Playboy spread. MSNBC.com's Dara Brown reports. updated 10:47 a.m. ET Jan. 12, 2007 SAN ANTONIO - "Drop and give me 20!" is something you might hear Air Force Staff Sgt. Michelle Manhart yell to airmen trainees at Lackland Air Force Base. Drop her trousers is what Manhart did for Playboy magazine, and now it's landed her in trouble with the military. "Of what I did, nothing is wrong so I didn't anticipate anything, of course," Manhart said Thursday of the pictorial. "I didn't do anything wrong so I didn't think it would be a major issue." In a six-page spread in February's issue, hitting newsstands this week, Manhart is photographed in uniform yelling and holding weapons under the headline "Tough Love." The following pages show her partially clothed wearing her dog tags while working out, as well as completely nude. Story continues below ? advertisement Manhart, 30, who is married with two children, has been relieved of her duties pending an investigation, according to Lackland AFB spokesman Oscar Balladares. "This staff sergeant's alleged action does not meet the high standards we expect of our airmen, nor does it comply with the Air Force's core values of integrity, service before self, and excellence in all we do. It is not representative of the many thousands of outstanding airmen who serve in the U.S. Air Force today," Balladares said, reading a statement. Experienced modelManhart has modeled since she was younger and joined the Air Force in 1994, spending time in Kuwait in 2002. The California native said she hopes the Playboy photo shoot will pave a way into an acting or modeling career. The pictorial's accompanying article mentioned the possibility of trouble for the brunette drill instructor. But when asked in the article whether it might get her in "hot water with Uncle Sam," Manhart replied: "I've been serving for 13 years, fighting for everyone's rights. Why wouldn't I be able to stand up for my own rights and participate in the freedoms that make this country what it is?" Manhart said she didn't see the magazine as an escape from the military. She also said she is completely committed to her job. "I've proven myself. ... They picked me to train our future airmen of the world," she said. "They picked me to train these individuals so if they elect to say I don't have (integrity), then that's their opinion." Did Sgt. Manhart deserve to be relieved of her duties? This has happened beforePlayboy magazine spokeswoman Theresa Hennessey said two active-duty women have posed nude in Playboy in the past. Both were in the Navy, she said. One, Sherry Lynne White, was discharged in July 2000 after posing nude for the magazine. She had been scheduled to be released from duty that October. Another, Frederica Spilman, received an honorable discharge, which she had sought before posing, and a letter expressing the Navy's dismay less than a week after the June 1998 issue hit newsstands. Spilman appeared in the magazine wearing opened flight jackets, camouflage lingerie and dog tags. The six-page pictorial, under the heading "Fly Girl," also included pictures of Spilman in her Navy uniform and flight suit. Hennessey added that seven women also were featured in a "Women of the Armed Forces" spread in April 1980. Manhart said the shoot came about after she went on a casting call and kept getting called back for test shots. The February pictorial was shot last spring, she said. "The Air Force says go do something amazing, and I think I pretty much did it," she said.

30. Let�s suppose� How would a draft (i.e., Selective Service) change things? Would it change the way service members feel about giving up certain rights?

31. LT Brian Black at USNA

32. Gays in the Military http://player.clipsyndicate.com/view/402/459644

33. Chairman of Joint Chiefshttp://www.cnn.com/2007/US/03/13/gays.military/index.html

34. LT Klingenschmitt, USN ChaplainFreedom of Religion vs Freedom of Speech Freedom of Religion vs Freedom of SpeechFreedom of Religion vs Freedom of Speech

35. �Positive� Duties of Citizenship � Mill On Liberty �There are also many positive acts for the benefit of others which [a person] may rightfully be compelled to perform, such as to give evidence in a court of justice, to bear his fair share in the common defense, or in any other joint work necessary to the interest of the society of which he enjoys the protection Also can be required �to perform certain acts of individual beneficence, such as saving a fellow creature�s life, or interposing to protect the defenseless� �Everyone who received the protection of society owes a return for the benefit, and the fact of living in society renders it indispensable that each should be bound to observe a certain line of conduct toward the rest�

36. The Siege (1998) This is a very powerful clip from a movie that was made 3 years prior to 9-11. (In retrospect, the foreshadowing of the Patriot act, Guantanamo, and use of torture is almost scary). This clip can be used in in the section on Constitutional Ethics, Utilitarianism, Liberty or Conduct of War.This is a very powerful clip from a movie that was made 3 years prior to 9-11. (In retrospect, the foreshadowing of the Patriot act, Guantanamo, and use of torture is almost scary). This clip can be used in in the section on Constitutional Ethics, Utilitarianism, Liberty or Conduct of War.

37. Drug Policy: Sweden vs Holland Sweden � Goal: Drug-free society unique position among European nations, adopting a total prohibition model and emphasising a restrictive approach Holland � Goal: Safe use of drugs protect the health of individual users and their environments by reducing the harms associated with drug use