The Historical Development of Rights to Negative
I. The Beginning: The Proof Paradigm and Plato's Beehive Society. A Priori Rational Insight Gives Infallible Knowledge
Empirical learning is never infallible.
III. The Historical Discovery of the
Importance of Rights to Negative
A. Thomson's Lockean Natural Rights
1. Freedom of Expression and the Free Give-and-Take of Opinion: No need for any claim of infallibility. Rationality is a social achievement.
2. Rights to Individuality Benefit Everyone, Even Conformists.
C. Rawls's Nonconsequentialist Liberty Rights:
1. The Lexical Priority of the Liberty Principle: Development and Full and Informed Exercise of the Two Moral Powers is Necessary for Citizen Consent to Carry Moral Legitimacy (Scanlon's Idea)
2. The Surprising Discovery that Disagreement (Even Subversive Advocacy) Can Make A Government More Stable
IV. Negative Autonomy (of the Empirical
Self) as a Social Product of Rights to Negative
A. Rights Against Legal Paternalism: Defined in terms of the settled values and preferences of the empirical self (Feinberg) or the most reliable judgment of the empirical self (Talbott).
V. The Most Surprising Discovery of All: Negative Autonomy of the Empirical Self Based on Rights to Negative Liberty is What is Important for Understanding Justice. The Positive Autonomy of the Rational Self Plays no Role.
VI. An Alternative to the Proof Paradigm
for Knowledge and Rational Belief: The Big Change From the Declaration of