Here we come to the fundamental paradox of modern liberalism. On the one hand, liberalism in all its stages has always treated human freedom as sacred. On the other hand, modern liberals also believe that in order to guarantee their freedom, they can in practice use the state’s coercive power to compel others to do what they believe is wrong.
This is the logical consequence of liberalism’s autonomy view of rights. Since the state is supposed to be “value-neutral” about what each party desires, in cases where human autonomy is at stake it really has no principled way to decide between competing claims. The result, more often than not, is not a fair contract between the two parties but an arbitrary exercise of political power, justified by the myth that we have a right to technological progress and convenience.
From The Public Discourse
. The solution, as the article point out, is that rights are supposed to protect obligations, not autonomy.
Labels: law, politics