Philosophical Foundations: Freedom, State, and Law
Philosophical Perspectives on Freedom
The Postulate of Freedom
For Jean-Paul Sartre, we are free to choose different courses of action, but we are not free to decide if we want to be free. Human species-being means to be free.
Baruch Spinoza believes that human beings tend to think they are free because they ignore the real causes involved in making their decisions.
For Emmanuel Kant, it is a conceivable possibility that we might never come to understand what freedom is. For this philosopher, freedom must necessarily exist. If there is no freedom, we cannot be held responsible for our actions.
Inner and Outer Freedom
Inner freedom or free will: the ability to choose for oneself without being determined by any outside agent.
External freedom or freedom of action: refers to the possibility to act.
Constraints on Freedom
The possibility of acting may be limited by various types of constraints:
- Fatalism: It is one of the oldest mythical-religious conceptions, stating that the world is predetermined. Fatalism argues that there is a destiny which is impossible to escape. The notion of freedom is contrary to fatalism, and provides for the possibility of multiple futures.
- Determinism: With the emergence of modern science and the mathematical study of reality, it was found that physical objects are determined by laws. If we know the exact laws of nature, the state of the universe at any future point can be predicted. Pierre-Simon Laplace was a prominent defender of determinism.
- Coercion: Force or violence used to compel someone to do or refrain from doing something.
- Oppression: Subjecting a person, nation, or people to cruel or unjust treatment, such as vexing, humiliating, or bullying.
Citizen, State, and Cosmopolitanism
The Citizen and Community
A citizen is a member of a community of peers who actively participates in making political decisions.
Aristotle defined humans as social or community animals. For Aristotle, humans live in social groups by nature. Thanks to language, concepts of justice and injustice, and what is beneficial for the community above the individual, can arise. Interest in community dialogue is about the purposes to be achieved in order to attain the greatest good for all.
Cosmopolitan Citizenship
The concept of cosmopolitan citizenship posits that all members of humanity are equal and worthy, and deserve to share the same rights and duties. Cosmopolitanism, according to Anthony Appiah, is based on two aspects: politics and cooperation.
The Political Power
It consists of:
- A relationship between people where some command and others obey.
- A power that uses violence and imposes its authority in a legitimate form.
The State
The state is:
- The combination of governmental parts of a sovereign country.
- An area bounded by borders.
- An administrative and legal entity.
- It has a monopoly on violence.
- It is sovereign because no body is superior to it.
Authority and Legitimacy
Authority is the person or group of persons exercising institutionalized power.
Authority and Obedience
Obedience to authority stems from:
- Social beliefs that serve to institutionalize power.
- The fear of receiving a sanction in case of disobedience to authority.
Foundations of the State
- State of Nature:
- A description of human life as it would ideally be in a natural situation without the State.
- Social Contract:
- When the ‘state of nature’ becomes untenable, people are compelled to organize themselves based on a pact or agreement, forming a state.
Law and Rights
The Nature of Law
Law: It is the set of rules that emanate from the state. Violation of these rules is sanctioned by state institutions.
Legal Positivism
Legal Positivism: Contrary to natural law, it considers that there are no rights beyond those conventionally established by humans.