Lena Halldenius

I argue along the following lines: For Wollstonecraft, liberty is independence in two different spheres, one presupposing the other. On the one hand, liberty is independence in relation to others, in the sense of not being vulnerable to their whim or arbitrary will. Call this social, or political, liberty. For liberty understood in this way, infringements do not require individual instances of interfering. Liberty is lost in unequal relationships, through dependence on the goodwill of a master. In addition, liberty is independence of mind, a state I am in when I trust my own reasoned judgement above any other authority. Call this moral liberty. Moral liberty needs social liberty. In other words, to the extent I am subject to the whim of others, I am not in a position to be guided by my own judgement. Moral liberty is one of two aspects of virtue: a disposition to independent deliberation according to reason. As such, virtue is a habit of mind. The second aspect of virtue is universal benevolence as its action guiding principle. This is how liberty, equality, and virtue fit together. Social liberty, understood as independence in relation to others, necessarily coexist with equality, and is necessary for moral liberty, the habit of mind that makes up one aspect of virtue, as well as for universal benevolence as virtue’s action guiding principle. This triad explains her views on property, on sex equality, and also on legitimate government. My second line of argument is that according to Wollstonecraft, we have a duty to be virtuous. Virtue is the main object of human life. But since virtue, in both its aspects, needs social liberty and since liberty is the birthright of man, the duty is conditioned on the right. The foundation for the triad of liberty, equality, and virtue is a theory of rights. The basis for the discussion of virtue is the right to the conditions necessary for its realization. The duty is conditioned on the right to liberty.

This dissertation argues for an interpretation of liberty in terms of non-domination rather than non-interference, that non-domination can work as an independent criterion of political legitimacy, and that non-domination includes an approximation of equality in socioeconomic goods. In the first part, four theories of liberty and power – those of Kant, Locke, J. S. Mill and H. Taylor, and Wollstonecraft – are analyzed. It is concluded that Locke and Wollstonecraft, and Mill and Taylor partly, but not Kant, offer non-domination oriented conceptions of liberty. It is also tentatively argued that this has repercussions for their ideas on sex equality. In the second part a systematic discussion is offered in support of the three aims of the disseration. Non-domination is a socially radical, but not republican value. A distinction is made between liberty and freedom; “liberty” is normative and “freedom” empirical. One’s freedom can be restrained without one’s liberty being infringed, which typically would be the case where there is interference but no relation of dominance. Non-domination addresses asymmetrical relations of power and is inherently egalitarian. One’s liberty is infringed to the extent an agent has the power to interfere with one, whether interference actually takes place or not. Non-domination works as a twofold criterion of legitimacy: A legitimate state furthers non-domination between citizens under the circumstances of certain constitutional restrictions. The absence of vulnerability to the interference of others that non-domination requires, has to be institutionally secured. One aspect of dominance is the socioeconomic relation between people, and an approximation of socioeconomic equality will therefore be a political concern

History plays an important role in the philosophy of human rights, more so than in philosophical discussions on related concepts, such as justice. History tends to be used in order to make it credible that there is a tradition of rights as a moral idea, or an ethical ideal, that transcends national boundaries. In the example that I investigate in this chapter, this moral idea is tightly spun around the moral dignity of the human person. There has been a shift in conceptions of human rights during the twentieth century, from ‘politics of the state to the morality of the globe’. Rather than figuring in, or as, constitutional principles of the political life of a polity and the relation between a state and its members, the notion of rights has come to serve as the name of a state- and politics-transcending ethical position on the status of the human person, and the relations between human persons. Given that this move from politics of the state to morality of the globe is a recent one, it goes without saying that trying to ground a state-transcending morality of human rights with the help of early modern history is problematic. Still, philosophers of this kind of morality of human rights are prone to claiming, for their accounts, a long-standing human rights tradition that, frankly, is not there, at least not in that form. One example is James Griffin, whose reliance on what he refers to as a historical notion of human rights is the focus of my critical discussion here. Griffin claims that ‘our’ concept of human rights is a product of eighteenth century Enlightenment thought. If ‘our’ concept of human rights is Griffin’s concept, then his claim is false – as I show. I agree, however, that the eighteenth century is a pivotal moment, but if we wish to understand natural rights in eighteenth century thought, we need to grasp the fact that power over others, and the capacity of those who hold that power to also abuse it, was not a contingent concern, or merely part of the extension of a concept defined prior to, or independently of, any such concern. It was built into the concept itself; it was its very point.

In this article, John Locke's accounts of political liberty and legitimate government are read as expressions of a normative demand for non-arbitrariness. I argue that Locke locates infringements of political liberty in dependence on the arbitrary will of another, whether or not interference or restraint actually takes place. This way Locke is tentatively placed in that tradition of republican thought recently brought to our attention by Pettit, Skinner and others. This reading shifts the focus on legitimacy and identifies the independent moral argument for legitimate government as ruling for the good of the people. Consent is left with a hypothetical role to play