Do you agree with Jeremy Benthams dismissive view of human rights as rhetorical nonsense upon stilts?

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Imagine a helium balloon. It is impetuously swaying in the air bound by a single string that holds it back. The moment somebody looses the string, the balloon is gone free. Is it that one can only appraise freedom the moment it is lost, when one feels the grasping ‘hand’ of power and everything a person has to do is under somebody else's view - the world's perception of what is right or wrong; something that came up with time during the centuries. That is said to be positive freedom. Some may see that string as all the things that should be passed through in order to be ready to be set negatively free. Or that string can be just a set of rules that must be obtained and that is the positive  freedom – when one is swaying in the air living its moral life and there is always the untouched sky beyond that tempts the one in chains, the dream of the unlimited. On the other hand, negative freedom advocates no string but is it the right way to go when one has no direction and it may come across many other swaying balloons with no direction. All you can hear is a bang, a crash. Then, I assume, there is no perfect situation as we all live in imperfect circumstances. But what makes us different is our point of view and all the different approaches to one and the same topic. This essay aims to reveal some of the main ideas concerning positive and negative liberty in a discussion between their advocates.

Negative liberty is the kind of liberty where people are free to the extent to which they are not prevented of making choices of their own. In other words, it can be said that ‘law is the main obstacle to freedom’ (Heywood 1999: 259), having in mind Hobbes’ definition of freedom being ‘silence of the laws’. People by nature are supposed to want greatest happiness, everything that gives them pleasure rather than pain. Bentham’s utilitarianism is found on that roots, but it is a rather radical theory. He finds wrong any other theory that is different from his.  The principle of utility is based on individualism and it is the first theory by that time where the individual is in the center. Rousseau’s democratic state proposes a perspective similar to Bentham’s view. The difference between Rousseau’s ‘pluses and minuses’ of the ‘general will’ and Bentham’s ‘greatest pleasure for the greatest number’ is the way of choice and implication. While in the first case the common interest sticks to the ‘sum of the differences’, the second one sticks to a rather hedonistic approach - the individual decisions of people, the self-control: ‘Let people alone as much as possible, for then each man will seek his own happiness, of which he is apt to be best judge.’ (Plamenatz 1963: 27). That is the notion of negative liberty.

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It is in the 18th century when positive freedom was to be spread as a retrospective vision of one’s idea of being free. It is said to be ‘the liberty of the ancients’ (Heywood 1999: 264). Positive liberty is simply negative freedom bound by responsibility.  George Bernard Show defined his opinion back in 1903 claiming that ‘that is why most men dread it’. I agree especially because nowadays people tend to choose safety over freedom. Safety is one of the characteristics of positive freedom. There are a set of rules imposed by a certain governance of people, a social contract among ...

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