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
II. Positive
Empirical learning is never
infallible.
III. The Historical Discovery of the
Importance of Rights to Negative
A. Thomson's Lockean Natural Rights
B. Mill's
Consequentialist
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).
The
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