Mind the Economy/Justice 93

Because there can be no equality without freedom

Ronald Dworkin. (Ansa)

8' min read

8' min read

 'Equality may be in decline, but freedom is in fashion. We fight wars in its name', writes Ronald Dworkin in his latest important book, Justice for Ricci (Feltrinelli, 2013). He writes this at the beginning of a long chapter devoted precisely to the idea of freedom. In the previous chapter he had dealt in depth with the theme of equality in its most diverse visions. The two chapters are deeply connected because for Dworkin, the idea of equality and the idea of freedom are not independent of each other, as some think, nor are they in conflict with each other, as many others think. Instead, they are sister ideas, because - and this is one of the most original points of his thinking - there can be no equality without freedom.

When the conflict is blatant

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The issue is by no means trivial, and to simplify things a little, in Sovereign Virtue (Feltrinelli, 2002), his other seminal work, Dworkin begins with examples in which the conflict between freedom and equality seems to be blatant. The first case is that of freedom of choice between public and private healthcare, while the second is that of the minimum wage imposed by law. While in the first case, the right would traditionally like to guarantee the possibility of treatment in private facilities for those who have the means, at the same time the left argues that this creates unequal treatment between those who have the economic means to do so and those who instead have to make do with the inefficient public healthcare and its interminable waiting lists.

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The second example considers legislation that sets a maximum number of hours that a certain worker can work in a week and the minimum wage that the employer must pay him. Dworkin, in particular, refers to a specific case in which the New York City administration regulated these aspects with reference to bakers. Regulations that were subsequently struck down by the Supreme Court, precisely because of an alleged conflict between equality in labour treatment and the freedom also to accept any wage and to work even more than prescribed.

The marginality of equality

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These are examples that not only show the existence of potential conflicts between freedom and equality but also how marginal the latter is in influencing public decisions. One can understand this because many would be willing to restrict individual freedom when it conflicts with other important values: one can prohibit freedom of speech through the offence of defamation to protect the dignity and honour of individuals; one can restrict freedom in education if one believes that education is an indispensable good in a mature democracy and that all children are entitled to it. Rarely, however, are people willing to accept a limitation of their freedom when it serves to promote equality among citizens. What is the origin of this reluctance, Dworkin asks. The cynic would answer because people are selfish.

Dworkin deals the cards

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The philosopher's position is different. He writes, in fact, 'Most people who seem to reject equality do not actually reject it. They think equality is very important, but they do not think that the form in which equality is at stake in these cases is the most important or most genuine form of that virtue'. Here things get interesting because Dworkin turns the tables. His starting point in this argument is that anyone who is inspired by freedom or the ideal of equality has a certain idea not only of what freedom and equality in the abstract mean, but also and above all of how these ideas should find concrete implementation in our societies.

Is there, that is, an abstract perspective and a normative telling us how people should be made free and with respect to what they should be considered equal? And different people - Dworkin tells us - will naturally have different views with respect to this second point. 'Freedom and equality,' he writes, 'are concepts that admit of different interpretations or conceptions' and the conflict between the two ideas depends crucially on precisely how these ideas are interpreted.

Freedom is not anarchy

Starting with freedom, let us try to ask ourselves, then, what are the essential defining elements that a satisfactory conception of it should possess. It would be important, for example, to start by not confusing freedom with anarchy. Being free cannot mean being able to do whatever we like. Freedom is not licence; on the contrary, it is right to consider restrictions on certain behaviour as necessary to promote freedom and not to hinder it. On the other hand, being free also means being able to enjoy certain rights that no individual and not even the government should in any way be able to restrict. Freedom of conscience, association, religion and freedom of choice in fundamental matters that pertain to one's dignity all fall within this sphere. How many are these rights. Here, this is a matter of interpretation, Dworkin tells us.

And the more rights we consider incompressible, the greater the possibility that that specific vision of freedom will be called into question or come into conflict with other values such as equality. And if these values come into conflict, then choices must be made. Favouring now one now the other. As we mentioned earlier, the characterisation of political parties is often based on their positioning within a spectrum that sees on the right the absolute priority above all other values of freedom and on the left an equal and opposite absolutism with respect to equality. Moderates are placed between these two poles in intermediate positions defined by the relative weight assigned to the two values. 'But this topography,' writes Dworkin, 'as an account of the range of views available in our popular political culture is profoundly misleading [because] any real competition between liberty and equality is one that liberty should lose'.

The sacrifice of freedom

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Freedom must therefore always be sacrificed, says Dworkin. It cannot be idolised as a metaphysical concept. Quite a bold statement for a liberal philosopher like him. The reason lies in the fact that our political communities are all founded on the principle that governments must act to improve the lives of citizens, and they must do so by showing equal concern (equal concern) for each other's lives. Anyone who accepts this principle consequently accepts equality as a political ideal. Therefore, continues Dworkin, 'anyone who thinks that freedom and equality are really in conflict on some occasion must think that protecting freedom means acting in such a way as not to show equal concern for all citizens.

I doubt that many of us, after careful consideration, would want this to happen. It would be like saying that the government should have more consideration and interest in the lives of some citizens and less in the lives of others. The basis of our coexistence, of our political and democratic communities cannot but be the equal interests of every citizen before the government. Anything, even a claim, in principle legitimate, to freedom leads to questioning this assumption can only lose its own legitimacy.  

Spaces of Freedom

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But let us now turn to the idea of freedom. If we want to avoid making it an idol to be worshipped, a metaphysical idea as fascinating as it is sterile, we should start from the assumption that its value is not original, intrinsic. But that freedom derives its meaning from the benefits it produces in people's lives. Greater spaces of freedom generally, though not always, allow people to live more satisfying and worthy lives. But if this is true, writes Dworkin again - 'If freedom has value because lives led in freedom have more value, then it is the principle of equality itself that requires government to be concerned about protecting freedom, because it is the principle of equality that requires government to be concerned about the lives of those it governs'.

Does this imply, then, that freedom and equality can never conflict with each other? Certainly not. Conflicts do exist, but they can be better understood and perhaps even mitigated if we are able to correctly interpret the terms of the question and the underlying concepts. Such a conflict, in particular, Dworkin tells us, can materialise when two conditions occur simultaneously: 1) despite the fact that freedom is valuable for people's lives, the position of a group within the community would still be improved if a certain freedom were to be eliminated; 2) the principle of equal consideration (equal concern) for that group requires that this be done.

'Suppose, for example,' the philosopher writes, 'that the poor would have better medical care and be better off in general if private healthcare were abolished, and that showing equal consideration to them requires this. If the government refuses to abolish private healthcare, then, hypothetically, the poor would be left worse off than equal consideration would get for them'. But since, as we have seen, freedom has no value in itself, except for the benefits it brings to people's lives, the choice not to improve the conditions of the poor cannot be justified as a form of protection of freedom. "It could only be justified," says Dworkin, "if we accepted a principle that is completely inconsistent with the egalitarian principle: that in these circumstances the lives of poor people are less important than the lives of others.

Who wins the conflict

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This explains why, in a democratic society, all potential conflicts between the principle of freedom and the principle of equality are conflicts that, as we said above, it would be right for freedom to lose. Freedom and equality, however, let us repeat once again, must be correctly understood. Freedom must not be regarded as an idol but as a virtue that takes on value only because of the benefits it brings to people's lives. What about equality? The equality that Dworkin has in mind is the 'equality of resources' that we have talked about in last week's Mind the Economy. And if we accept that 'equality of resources' is the more satisfactory, distributive conception of equality, then it is possible to say that freedom becomes an aspect of equality.

Freedom and equality are thus sisters and allies and not enemies opposed by an irreducible conflict. The reason lies in the fact that according to the 'equality of resources', a fair distribution is not assessed on the basis of outcome, the satisfaction of preferences, for example, but on the basis of equal access to resources. The distribution of these resources, we have seen in recent weeks, takes place through coordinated choices in which each person takes responsibility for pursuing his or her own ideal of life in the knowledge that he or she belongs to a community. Part of this responsibility to the community is linked to the realisation that the true costs of our life projects are linked to the resources we take away from others.

Being responsible

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Being responsible means, therefore, choosing to design and redesign our life plans so that we use only their fair share of resources, knowing that we leave enough for others. "Whether a real society approaches resource equality," Dworkin writes again, "depends on the adequacy of the process of discussion and choice that we use for that purpose. A substantial degree of freedom is necessary to make that process adequate because the true cost to others of a person having a resource or opportunity can only be discovered when people's ambitions and beliefs are genuine and their choices and decisions are reasonably appropriate to those ambitions and beliefs.' And we cannot hope to have this authenticity and adequacy if we do not have ample room for freedom of decision-making. "So freedom is necessary to equality, according to this conception of equality, not on the dubious and fragile assumption that people really value freedom more than other resources, but because freedom (...) is essential to any process in which equality is defined and guaranteed."

This does not mean that freedom is merely instrumental to equality. Rather, it means that the two ideas must be fused together to provide a more complete account of how the resources at our disposal can be distributed and used justly; in a way, that is, that is consistent with the first principle of equal concern (equal concern) that politics must have for the lives of each of us.

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