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Unformatted text preview: ividual autonomy
William H. Simon, Professor of Law, Stanford University, STANFORD LAW REVIEW, July, 1986, p.1432 The classical notion of right was animated by a Utopian ideal of individual independence. Independence meant invulnerability to the wants and needs of others and not having to depend on their good will or solidarity. Rights served independence by creating zones of autonomy. The classical notion connoted an image of autarky, a universe of self-sufficient monads, each free to pursue its subjective goals without interference from or dependence on others. The principal exception was the family, where dependence (of wives and children) was regarded as normal rather than degrading and where the (husband's) obligation to share was regarded as legitimate rather than oppressive. RIGHTS SECURED BY EQUAL CITIZENSHIP ARE INVIOLABLE John Rawls, Harvard Professor of Philosophy, EQUALITY: SELECTED READINGS, 1997, p. 183. Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override. For this reason justice denies that the loss of freedom for some is made right by a greater good shared by others. It does not allow that the sacrifices imposed on a few are outweighed by the larger sum of advantages enjoyed by the many. Therefore, in a just society the liberties of equal citizenship are taken as settled; the rights secured by justice are not subject to political bargaining or the calculus of social interests. SLHS Value File Rights Bad
The classical rights regime strips someone of rights for each right it protects
William H. Simon, Professor of Law, Stanford University, STANFORD LAW REVIEW, July, 1986, p.1434 The Progressives produced a variety of critiques of this vision. A basic theme of many was that the classical private rights regime did not promote general independence and security; rather, it promoted these qualities for some only at the direct expense of others. The classical vision of the self-regulating market as a universe of self-sufficient monads was a formalist fantasy divorced from social reality as most people experienced it. For those who lacked wea...
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This document was uploaded on 11/20/2013.
- Fall '13