Rights and Liberty

Rights and LibertyConstitutional Rights

First Amendment

Second Amendment

Third Amendment

Fourth Amendment

Fifth Amendment

Sixth Amendment etc.

Rights and Liberty When, if ever, is it permissible for the

state to restrict an individual’s liberty?

Rights and Liberty Which of the following items should be left to the

judgment of the individual or 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

Rights and Liberty

Mill seems to think that there are two discrete domains of life: The public, and the private. The

public domain encompasses those actions which are other-regarding (that is, have consequences for, and

bring benefits or harm to, others). The private domain, by contrast, encompasses the realm of self-regarding actions which have consequences for no one else than the person who performs them. Can

this distinction be so easily maintained?

Rights and Liberty

John Stuart Mills (1806-1873)

Harm Principle

“...the only legitimate reason for infringing a person’s Liberty is if he

is causing harm to others.”

Rights and Liberty

Mill employs two strategies for defending liberty of expression

Consequentialistand

Human flourishing

Rights and Liberty(Consequentialist)

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

Rights and Liberty(Human flourishing)

In Utilitarianism, Mill says that human beings have unique capacities and that human happiness or flourish depends upon us exercising those capacities

The capacities are of two types: (a) cognitive -e.g., thought, deliberation, weighting up pros and cons of courses of action; and (b) affective -e.g., aesthetic appreciation, friendship, long lasting relationships

Maximum liberty of expression is a necessary condition for exercising these capacities

Rights and Liberty

“Harm Principle”

“The only purpose for which power can be rightly exercised over any member of a

civilized community against his will, is to prevent harm to others. His own good,

either physical or moral, is not sufficient warrant.”

Rights and LibertyThree things to note about the Harm

Principle as applied to freedom of expressionit 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.)

Rights and Liberty

How has Mill’s defense of the First Amendment (free speech) and his Harm Principle influenced U.S. jurisprudence about free speech?

Rights and Liberty

Expression of obviously hurtful or offensive expressions…would the state

be justified in restricting speeches regarding

“Violent Pornography”

or

a “Hate Speech”

Rights and LibertyLegislators 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

Rights and Liberty

Case Study

“TAILHOOK”

Rights and Liberty

Officer Attitudes and Leadership Issues

The Failure of Leadership

Field Grade Officers

The Flag Officers

Rights and Liberty Officer Attitudes and Leadership IssuesSenior officers were aware of misconduct and

ignored it

“unwritten rules”

Accepted/expected behavior

Anything goes attitude

Pilot misconceptions

“live and die attitude”

“live a Spartan existence”

Innocent officers reputations were tarnished

Rights and Liberty The Failure of Leadership“Hierarchical accountability”

“long term failure of leadership in aviation”

“behavior accepted by seniors”

“well know reputation”

“situational seriousness”

“lack of respect for women”

“relax atmosphere”

“junior officer resentment toward seniors”

Rights and Liberty Field Grade Officersall attended prior Tailhook’s

some enforce proper conduct rules

some chose to ignore conduct rules

blamed juniors for violating their orders

no Field Grade action taken toward junior officer misconduct

Rights and Liberty The Flag Officers

none reporting seeing any sexual misconduct

flags were caught in lies during their testimony

flag comments: “it appeared to be in fun, rather than molestation”

flags expressed no knowledge of misconduct at past Tailhook’s

Rights and Liberty

“Witch Hunt in the Navy”

by

James Webb

Rights and Liberty

Questions?

Justice Reading assignment for next class:

Ethics for Military LeadersTopic #8: Justice

pages 207-231

Ethics and Moral Reasoning for Naval LeadersLessons 23 and 24

pages 23/24-1 to 23/24-21

Fundamentals of Naval LeadershipLesson 13/Chapter VI

pages 13-65 to 13-68