Marijuana, Individual Liberty and Police Power

2007 ◽  
pp. 61-84
Moreana ◽  
2012 ◽  
Vol 49 (Number 187- (1-2) ◽  
pp. 207-226
Author(s):  
Marie-Claire Phélippeau

This study examines the notions of pleasure, individual liberty and consensus in Thomas More’s Utopia. The paradox inherent in Utopia, written before the Reformation, is especially visible in the affirmation of religious toleration coexisting with the need for a strict supervision of the citizens. The dream of an ideal republic is based on a Pauline vision of man which defines the individual mainly as a sinner. Consequently, it is the duty of the republic’s rulers to guide the citizens and establish a consensus. This study tries to determine the part left to the individual’s free will and examines the nature and function of the structures that are supposed to ensure the happiness of each one and of the whole community. The notion of moral hierarchy is asserted as the linchpin of the Utopian social construction.


Author(s):  
Augustin Fragnière

It is now widely acknowledged that global environmental problems raise pressing social and political issues, but relatively little philosophical attention has been paid to their bearing on the concept of liberty. This must surprise us, because the question of whether environmental policies are at odds with individual liberty is bound to be controversial in the political arena. First, this article explains why a thorough philosophical debate about the relation between liberty and environmental constraints is needed. Second, based on Philip Pettit’s typology of liberty, it assesses how different conceptions of liberty fare in a context of stringent ecological limits. Indeed, a simple conceptual analysis shows that some conceptions of liberty are more compatible than others with such limits, and with the policies necessary to avoid overshooting them. The article concludes that Pettit’s conception of liberty as non-domination is more compatible with the existence of stringent ecological limits than the two alternatives considered.


Author(s):  
Aurelian Craiutu

Political moderation is the touchstone of democracy, which could not function without compromise and bargaining, yet it is one of the most understudied concepts in political theory. How can we explain this striking paradox? Why do we often underestimate the virtue of moderation? Seeking to answer these questions, this book examines moderation in modern French political thought and sheds light on the French Revolution and its legacy. The book begins with classical thinkers who extolled the virtues of a moderate approach to politics, such as Aristotle and Cicero. It then shows how Montesquieu inaugurated the modern rebirth of this tradition by laying the intellectual foundations for moderate government. The book looks at important figures such as Jacques Necker, Germaine de Staël, and Benjamin Constant, not only in the context of revolutionary France but throughout Europe. It traces how moderation evolves from an individual moral virtue into a set of institutional arrangements calculated to protect individual liberty, and explores the deep affinity between political moderation and constitutional complexity. The book demonstrates how moderation navigates between political extremes, and it challenges the common notion that moderation is an essentially conservative virtue, stressing instead its eclectic nature. Drawing on a broad range of writings in political theory, the history of political thought, philosophy, and law, the book reveals how the virtue of political moderation can address the profound complexities of the world today.


Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the idea of separating distinct governmental functions into at least three branches (horizontal separation) as a means to safeguard individual liberty. The three branches of government have different functions: the legislature legislates, the executive branch executes the laws, and the judiciary administers justice. This corresponds to the functional distribution of essential governmental tasks and competences. The chapter explores how governments based on separated (or at least divided) powers work, in a perpetual balancing exercise as a result of the operation of checks and balances. Finally, it discusses independent agencies that are now routinely added to the old constitutional mix of powers and the problem of outsourcing public powers to private actors.


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