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Unformatted text preview: / Connecticut Law review / 2001 Our unwritten social contract must be renewed, refined, and enforced every day, if we are to retain both the freedom from harm and the freedom from unwarranted intrusions that are the mutual consideration of the contract. The social contract binds us as individuals in a free and democratic, yet mutually interdependent society, closely enough to provide protection but not too closely to interfere with freedom. The tension and balance between these concepts and interests is what makes enforcement of the social contract through civil litigation necessary, and what keeps it both essential and interesting. AUTHORITY NOURISHES PERSONAL FREEDOM William A. Frank, chairman of the Philosophy Department at the University of Dallas, July 23, 2003, http://www.strom.clemson.edu/becker/prtm320/authority_common_good.html. The central, organizing concept in Simon's social and political theory is authority. Indeed, authority is the "arch-premise" in Simon's integration of a robust personal freedom so esteemed in the liberal tradition and an integral, hierarchical community so central to classical political thought. What is remarkable, and perhaps counter-intuitive, is the sense in which authority nourishes personal freedom. One might readily see how authority assists communitarian interests. Similarly one might imagine how a case could be made that the exercise of personal freedom maximizes attainment of the common good. AUTHORITY FOSTERS INDIVIDUALISM AND FREEDOM William A. Frank, chairman of the Philosophy Department at the University of Dallas, July 23, 2003, http://www.strom.clemson.edu/becker/prtm320/authority_common_good.html. Similarly one might imagine how a case could be made that the exercise of personal freedom maximizes attainment of the common good. Contrary to most modern theorists and against the prevailing public philosophies of our day, Simon insisted upon the intrinsic good of authority. It is this case, particularly as developed in his A General Theory of Authority, we shall develop in the present essay. In what follows we shall first situate authority within a basic sketch of civil so...
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