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Single Idea 22264

[filed under theme 24. Political Theory / D. Ideologies / 5. Democracy / d. Representative democracy ]

Full Idea

Liberty in the modern procedural republic is defined in opposition to democracy, as an individual's guarantee against what the majority might will.

Gist of Idea

Modern liberal rights in democracies protect individuals against the majority

Source

Michael J. Sandel (Procedural republic and unencumbered self [1984], 'Present')

Book Ref

Sandel,Michael J.: 'Public Philosophy: Essays' [Harvard 2005], p.171


A Reaction

And so I should hope. Sandel is sort of criticising this view, but it seems obvious that rights of this sort must be basic to any civilised democracy. But how do you decide those rights, if not by a majoritarian decision?


The 5 ideas from 'Procedural republic and unencumbered self'

Liberalism concerns rights, and communitarianism concerns the common good [Sandel, by Avineri/De-Shalit]
Kant's moral law has no foundation - because that would undermine its priority [Sandel]
Modern liberal rights in democracies protect individuals against the majority [Sandel]
Liberals say rights always come first, and justice is neutral on social values [Sandel]
Liberal justice means the withdrawal of the self, as transcendental or as unencumbered [Sandel]