Philosophy 301: The History of Ethics
In this lesson we will review the key ethical ideas and
developments that have been traced in this course. The objective is to use this review to help
you integrate what you have learned in preparation for the Final Exam.
Ethics in Antiquity (Lesson 1)
The earliest law codes date to the 3rd century B.C. and reveal
a high level of sophistication (Law of Tehut). Such codes do not represent the beginning of
the practice of codification, but reflect a period when that
practice was already fully developed.Tehut was regarded as a divine force that subdued the chaotic waters at the beginning of Earth's creation.
These ancient law codes express belief that citizens are
morally obligated to obey the laws because the laws are divinely inspired and
given through the king who is the Deity’s earthly representative. This concept of moral obligation to obey the
law continued through the 17th century, finding its European expression in the
concept of “the divine right of kings”.
Bloodshed was one of the principal ethical concerns of
archaic man. Priests and shamans
addressed the guilt and anxiety felt by both individuals and communities when
human life was taken. Priests offered prayers and animal sacrifice to cover the
offense to the Creator of the one who killed.
Shamans offered prayers and sacrifices to appease the spirits of the
dead so that these spirits would not bring harm to the individual or the
community.
Ancient Afro-Asiatic peoples made a distinction between
blood shed in killing (hunting, war and execution) and blood shed in giving
life (monthly menstrual blood and blood in birthing). Hunting, war and
execution pertained exclusively to men. To avoid confusion or mixing of the two
bloods, men and women were never permitted to be in the same space when blood
was shed. This is why primitive peoples
enforce specific gender roles and punish those who violate them.
While priests and shamans served a similar societal function
to relieve the consequences of blood shed, it is evident that their worldviews
were different. The priest is concerned about offense to the Creator while the
shaman is concerned about offending the spirits (spiritism or animism).
Social and political organization among archaic peoples
reflected the hierarchy of kings, tribal rulers, priests, shamans, and prophets
or “oracles”. Rulers married royal
brides and often had more than one wife.
These wives were usually related by blood. This made kinship the basis of alliances
between rulers of adjoining territories.
The moral obligation to obey the ruler was based on the loyalty owed to
family, clan and tribe as much as to the idea that the ruler represented the
Deity.
Oracles involved study of the constellations because it was
believed that “as in the heavens so on earth.” This was the origin of sidereal
astronomy. By studying the relationship
of stars and their heavenly movement, the oracle established the most favorable
date to hunt, to harvest, or to go to war.
Archaic peoples wanted to know their time and place relative
to the heavens because they were concerned about not violating perceived
boundaries. These boundaries provide us
the conceptual framework of archaic Man’s ethical considerations.
Greek Ethical Foundations (Lesson 2)
In ancient Greece ,
one’s place in society was fixed by gender, caste, and loyal to one’s city
state. This provided a sense of security
but also make it impossible for one to better their condition in life.
A citizen’s first loyalty was to his city-state and to the
god or goddess to whom the local temple was dedicated. People looked to their
deity for protection of the city. Temples
were the centers of daily activity, with offerings of sacrifices and libations
at the altars, and people coming and going to fulfill their sacred duties. Citizens and rulers alike sought advice from
the Sibyls or oracles, many of whom were women.
While priests provided services at the temples and oracles
provided guidance for decision making, these did not satisfy those who thought
that the gods seemed too human and questioned the authority of the established
religion. The foremost of these great
questioners was Socrates, whose method was to ask well-formed questions that
placed a burden on people to think about their actions and attitudes. Socrates thought it was important for people
to be good citizens. He was primarily an
ethical teacher who taught by asking questions.
One of Socrates’ students was Plato. Plato doubted Socrates definition of virtue
as knowledge. Socrates insisted that before we can say anything about justice
we must first answer the question “What is justice?” Plato recognized that asking what justice is
only leads to considering examples of justice and examples of injustice, but
examples are not the same as the justice itself. Plato wondered how we are able
to recognize justice when we are unable to define it. He concluded that an unambiguous Justice must
exist in the metaphysical (non-material idea) sense, and that we must once have
known justice as an unchanging “Form” or we would not be able to recognize
examples of it.
Plato’s Theory of Forms is based upon his belief that we are
born into the material world from an ideal immaterial world where our soul was
acquainted with Justice, Goodness, Beauty and Love. We are able to recognize
justice, goodness, beauty and love because our souls have innate knowledge of
these non-material entities. Plato
believed that the good life requires philosophical reflection on the Forms. He
supported censorship in society because he believed that the citizen’s
preoccupation with the trivial and the earthy posed obstacles to philosophical
contemplation of the Forms. In other
words, there are Plato believed that there are pursuits and behaviors that can
cause us to miss the good life.
The greatest of Plato’s students was Aristotle. Aristotle
rejected Plato’s definition of the good life as contemplation of the eternal
Forms. He didn’t think that Forms
existed. Instead he argued that what is to be known can be discovered from the
study of nature.
Aristotle did agree with Plato’s definition of virtue as
knowledge, but the knowledge that mattered to Aristotle was not the knowledge
of Forms, but self-knowledge of what brings one happiness or what causes one to
thrive. This is the basis for
eudaimonism, an ethical approach that holds personal happiness as the highest
good.
Aristotle’s ideal king is a ruler who discovers the Golden
Mean in both his personal and public life.
This is consistent with Aristotle view of human nature. He believed that Man is essentially a
political creature, not a solitary creature.
Many Sophists also believed that personal happiness is the
highest good. They defined the highest good as social status, wealth and
power. They weren’t concerned about
philosophical contemplation of Forms, or knowledge derived from nature, unless
these served to make one successful in public life. Sophist teachers weren’t concerned with right
and wrong either, but only with the appearance of right and wrong. They realized that to be successful in public
life, one must at least appear to me moral.
Here we see the foundation for the work of a later political
philosopher, Niccolo Machiavelli.
The Stoics believed that the world as it exists is the best
of all possible worlds, created by an unknowable Deity and that the greatest
virtue was to unemotional acceptance.
Zeno (the founder of Stoicism) did not accept the Cynics view that the
world is fundamentally evil and that the only virtue is to find peace within
oneself by rejecting worldly pursuits. Instead, he taught that everything is
determined by God’s good order in the universe and that we have no power to
change what happens. Therefore whatever
happens to the individual, whether good or bad, should be accepted without
desire or strong emotions. Stoicism lays
the foundation for the Enlightenment Theodicy of Leibniz and Voltaire.
Ethics in the Medieval Period (Lesson 3)
Early Christian writers such as John Chrysostom and Basil
the Great sought to distance Christianity from the pagan philosophies of Plato
and Aristotle and from the Gnostics. By
the 4th century, Plato’s thought began to exercise influence in the Latin
Church through the writings of the neo-Platonist bishop, St. Augustine .
From the 4th century there was great interest in the
writings of Plato and Aristotle, although the Greek-speaking East interested
Aristotle’s writings differently than the Latin-speaking West. The East saw
continuity between Plato and his student Aristotle on the question of virtue,
whereas the West saw discrepancies. In the East Aristotle was interpreted
metaphysically, but in the West, Aristotle’s writings became the basis for
early scientific approaches to knowledge (empiricism).
The tension between Plato’s idealism and Aristotle’s
empiricism expressed itself during the Medieval Period in various propositions
about the relationship of Faith and Reason. Augustine's idea was that human
reason and philosophy are useful only to those who already have faith. He
wrote, “Credo ut intellegiam” (“I believe in order that I may
understand”).
Anselm believed that faith is necessary to lead us to the
right use of reason. He approached Christianity as a belief system that we are
capable of understanding through the exercise of human reason based on faith.
He wrote, “For I do not seek to understand that I may believe, but I believe in
order to understand. For this I believe -- that unless I believe, I should not
understand.” Here we a shift from Augustine’s idea of the necessity of divine
illumination to Anslem’s idea of the necessity of faith and reason.
Aristotle believed that a man is good when he exercises
reason as a political creature, seeking personal happiness in both private and
public life. For Aristotle, this is what
humans exist to do. Aquinas borrowed Aristotle’s notion of the good as
fulfilling our final end, but claims that humanity’s end is not rational
activity, but instead the contemplation of God (the “beatific vision”).
Erasmus believed that a good teacher could instill virtue in
the student because the seeds of the good are in humans by nature. Martin Luther argued that the Fall left the
human will in bondage to sin and that there is nothing that humanity can do to
save itself.
In the area of politics, most medieval writers believed that
citizens had a moral authority to obey the ruler because God vested authority
in the ruler. Here we see a continuation
of the older idea of the monarch as an earthly representative of the Deity.
However, conflicts arose when a Catholic ruler tried to impose Catholicism on
Lutherans or a Lutheran ruler tried to impose Lutheranism on Catholics. When
this happened, Luther denied that the State has authority to dictate matters of
faith.
During the late Middle Ages bloody religious and territorial
battles tore Europe apart and this raised
questions about the ethics of war. Most thinkers believed that the only person
who could legitimately declare war was the head of State, but in the feudal system
petty lords went to war against each other without regard to the King’s
wishes. Theories of war became a topic
of discussion among scholars, clergy and statesmen. The just war theory was further refined and
divided into related ideas. Jus ad bellum addresses what justifies going to war
and jus in bello
addresses what may justly be done in war.
Renaissance Ethics (Lesson 4)
Against the backdrop of religious wars, plague, the
discovery of the New World , and Muslim
territorial expansion, the Medieval Period is often seen as the “Dark
Ages”. Yet it was a period of
creativity, innovation, and profound thought. Medieval ethics paved the way for
the Humanism of the Renaissance.
The question of Human Nature was addressed by both Roman
Catholicism and Lutheranism. The Catholic position held that while humans are
sinful due to the Fall of Man, the image of God with which we were originally
created is not fully erased. Therefore Man has dignity derived from being made
in the “image and likeness of God.” The
Reformers Martin Luther and John Calvin did not deny that humans were created
in God’s image, but they believed that that the Fall so thoroughly corrupted us
that we were robbed of our original dignity. Our sinfulness is such that we no
longer are free to desire communion with God. Our wills are in bondage to sin
and we stand before the Creator as filthy beggars.
Luther’s view would be met by numerous challenges during the
Renaissance. Humanism emphasized the dignity of Man and the possibilities of
rewards in this life, rather than rewards in heaven. Renaissance humanism
represents a reaction against Church authority. It shifted the focus from
Creator God to human creativity and from the supernatural to the natural.
During the Renaissance, human achievements and human creative potential took
center stage. Humanist writer were able to spread their ideas because of the
development of book printing.
Many intellectuals and artists had wealthy patrons who paid
for their services and supported their work. Patronage developed in the Middle
Ages but reached its peak during the Renaissance. Nobles vied with the Church
for the services of artists, poets and philosophers. The desire to retain the
best artists was motivated more by the concern for social status than out of
religious piety. Some wealthy patrons also maintained armies, conducted war,
served as diplomats, and generally challenged older authorities. This was
especially evident in Italy
where the German Hapsburg kings and the French Valois kings engaged in a
prolonged political tug-o-war.
In the 16th century, the Consistory maintained control over
all aspects of civil and religious life in Calvin’s Geneva . John Calvin and his ruling oligarchy
were sometimes ruthless in the treatment of their enemies. The acceptance of
torture was not unusual among rulers of that time.
The political philosopher who attempted to justify ruthless
treatment of political enemies was Niccolo Machiavelli. He believed that the
first responsibility of the ruler is to increase and maintain his power. In his
thinking, human dignity is gained by the exercise of the will to rule. An
effective ruler will appear to the public to be honorable and benevolent while
privately acting as ruthlessly as necessary to squash his political opponents. He argues that this approach will achieve the
greater good by maintaining stability.
Whatever is done to one’s enemy must be swift, effective and
short-lived. In other words, when taking
the life of a political opponent it should be done as painlessly as possible,
secretly, and without collateral damage.
Machiavelli’s ethics represents a departure from the virtue
ethics of Aristotle, who wrote: “There are some actions and emotions whose very
names connote baseness, e.g., spite, shamelessness, envy; and among actions,
adultery, theft, and murder. These and similar emotions and actions imply by
their very names that they are bad... It is, therefore, impossible ever to do
right in performing them: to perform them is always wrong.”
While the Renaissance was a time of religious intolerance,
it was also a time of educational reform. The Jesuits founded schools,
universities and missions around the world. Priests, nuns and lay clerics
staffed schools and hospitals, but where Protestantism became the established
religion, such as in northern Germany ,
these educational and charitable efforts were taken over by Protestants.
Protestantism greatly affected ethics during the
Renaissance. Protestants developed ethical methods based on the principles of
individual conscience and individual interpretation of the Bible, apart from
the “Tradition” of the Church. Historically, Roman Catholicism held individual
conscience in high regard as a God-given gift that can lead the individual to
Virtue. However, while the Catholic Church felt under siege by spreading
Protestantism and advancing Islam, this value was surrendered to the greater
concern for unquestioning obedience to the Church’s teachings.
Protestants rejected the Vatican ’s teaching authority and
asserted as their new authorities the individual’s conscience, independent
interpretation of the Bible, and reason. The understanding of Bible texts
became a matter of individual interpretation and philosophical
speculation. The Protestant reformer,
Melanchthon, attempted to marry Christianity and Aristotelian philosophy. The
philosopher Baron Samuel Pufendorf prepared the way through his Rationalism for
the Enlightenment to spread throughout Germany . Along with the French
philosopher, Rene Descartes, Pufendorf concluded that the individual’s reason
is the ultimate ground for deciding between good and evil, between truth and
falsehood.
Protestant rationalism opened the doors to the
secularization of Western Europe . Coupled with
Renaissance humanism, Protestant thought prepared the way for modern ethics,
based on human reason and a liberal view of human rights. Some who called
themselves Protestants would eventually depart from Christianity and become
Deists. These would move the question of natural law from the Christian concept
of moral obligation to the laws of God to moral obligation to the natural law
of individual liberty and property. Deism, combined with the Calvinist work
ethic, created a new launching point for discussion of natural rights, one of
which would be private property as “the good”.
Enlightenment Ethics (Lesson 5)
During the Enlightenment three developments in history
converged: Renaissance Humanism, Protestant ethics of conscience and individual
authority, and a Rationalist view of Nature. Together these form the basis for
modern western society and modern ethics. Kant wrote, “Dare to know! Have the
courage to use your own understanding; this is the motto of the Enlightenment.”
Enlightenment philosophers, scientists, medical doctors, teachers, and theologians
believed that systematic rational approaches could be applied to all areas of
nature and human endeavor. Enlightenment
interpretation of the Bible was subjected to the ethic of reason and moral
conscience. The conscience and individual reason of the individual were
elevated to the primary authority.
The rationalist approach to Nature did not appeal to
everyone during the Enlightenment. Toward the last half of the 18th century, an
opposing trend developed: Romanticism. Romantics tended to celebrate Nature
rather than the accomplishment of government.
They viewed Nature as mystical and unpredictable while rationalists
viewed Nature as knowable, calculable, and reducible to universal principles.
Rationalists such as Thomas Hobbes debated the necessity of
civilizing the brutish nature of humans by the agency of government. Hobbes’
solution to selfishness, greed and war is a social contract whereby individuals
agree to surrender their right to gain at the cost of their neighbors in order
to have peace and security. Hobbes’ account of humanity emphasizes our animal
nature. He believed that everything we do is intended to relieve the physical
pressures that we experience in daily life.
Hobbes’ view was countered by the Romanticism of Rousseau who maintained
that the natural condition of humanity is good, but that our innate goodness is
corrupted by the influence of civilization. Some inequalities among individuals
are inevitable, such as physical strength and intelligence, but Rousseau
believed that moral and political inequalities are matters of social
convention.
Rousseau also argued against the idea of authority based in
institutions like government or the Church. He believed maintained that humans
have no need for morality because they are naturally and instinctually guided
by feelings of pity and love for each other.
For Rousseau, the ideal society is one in which humans can
live in harmony with Nature and with little of no government. Hobbes’ ideal society is quite the opposite.
He views government as an artificial “Leviathan” which is responsible for
social order and public welfare. The state is analogous to the human body and
the Head of the body is the king who makes decisions on behalf of his subjects.
Hobbes’ commonwealth-creating covenant is not a relationship between subjects and their monarch however. The key to the success of the covenant is the relationship among subjects. All must agree to divest themselves of their natural instinct of self-preservation and self-interest to secure an orderly government through obedience to the monarch.
Hobbes’ commonwealth-creating covenant is not a relationship between subjects and their monarch however. The key to the success of the covenant is the relationship among subjects. All must agree to divest themselves of their natural instinct of self-preservation and self-interest to secure an orderly government through obedience to the monarch.
For Hobbes true human freedom is the ability to carry out
one's will without interference from others. The State was to help the citizen
protect his property. He believed that this is possible only when citizens are
subject to a common authority that helps each to secure liberty with respect to
others. Rousseau’s idea of true freedom is the opposite. He believes that humans, when left alone,
will find ways to be happy and supportive of each another without the help of a
social contract that involves a powerful government. Rousseau believed that
concern for private property has a corrupting influence. Contrary to Hobbes,
Rousseau regarded monarchy as the least beneficial form of government.
Natural Law refers to laws or principles of law derived from
observation of Nature and believed to be binding upon human actions apart from
or in conjunction with laws established by government. Thomas Aquinas developed
the concept of natural law as humanity’s “participation” in God’s eternal law
as evidenced in the orderliness of Nature. John Calvin provided a theological
basis for natural law in that the will of God is the cause of things.
Locke held that natural law is not derived from divinely
ordered laws, but from an innate desire for self-preservation.
Self-preservation as a natural law became the basis for Locke’s new doctrine
described as “natural rights.” Building on Hobbes’ idea of the social contract,
Locke made it the primary role of government to protect the rights to life,
liberty, and property. Natural rights theory had a significant influence on the
founders of American government, as evidenced by the principles of the
Declaration of Independence and the Bill of Rights.
Pascal also wrote on natural law, but he did not believe
that this can be discovered by reason or that it is embodied in a social
contract. He sees natural law as a reflection of what remains of the divine
image in humanity after the Fall.
In the modern period Natural Law
was seen as the necessary framework in which citizens derive their right to
defend themselves and their property.
These rights were determined to the most fundamental “natural rights”,
not to be taken away by the state. This established Nature as the basis of Law,
not the state. If law is whatever the state decrees, then the idea of actions
being lawful and unlawful would not have the emotional significance. If the
state can decree whatever laws it wants, regardless of what is natural, those
laws are ultimately shown to be without legitimate authority. They are simply the state’s attempt to force
citizens to act contrary to their best self-interest.
Bentham took exactly the opposite view that real rights were
established by laws enacted by the state.
He proposed reforms, not on the basis of natural rights, but on the
basis of his utilitarian principle of extension, that is how widely the pains
and pleasures of a law will be felt across the social spectrum.
During the Enlightenment, thinkers continued to address the
question of happiness as the Good. For Hobbes happiness meant being protected
by the State. For Rousseau, it meant living the natural life without
interference from the State. For Descartes it meant living without fear of
one’s mortality. He wrote, "One of the main points of my own ethical code
is to love life without fearing death.”
Modern Ethics (Lesson 6)
In the modern period Natural Law
was seen as the necessary framework in which citizens derive their right to
defend themselves and their property.
These rights were determined to the most fundamental “natural rights”,
not to be taken away by the state. The state exists, according to Locke, to
protect the citizen’s natural rights to life, self-defense and property
ownership. Making Nature the basis of Law, instead of the state meant that laws could be observed in nature and generalized to apply to humans and human society. Lawfulness is defined by naturalness. However, if law is whatever the state decrees, the distinction between lawful and unlawful is based on political necessity, not Nature. If the state can decree whatever laws it wants, regardless of what is natural, those laws are ultimately shown to be without legitimate authority. Such laws may in fact represent state coercion of citizens to act contrary to their best self-interest.
Bentham took exactly the opposite view. He believed that the
only legitimate laws are those enacted by the state. He proposed reforms, not
on the basis of natural rights, but on the basis of his utilitarian principle
of extension, that is, how widely the pains and pleasures of a law will be felt
across the social spectrum. Bentham’s moral philosophy reflects his view that
the primary motivators in humans are pleasure and pain.
During the Enlightenment, thinkers continued to address the
question of happiness as the Good. For Hobbes happiness meant being protected
by the State. For Rousseau, it meant living the natural life without
interference from the State. For Descartes it meant loving life without fear of
death. He wrote, "One of the main points of my own ethical code is to love
life without fearing death.”
For Nietzsche, the “will to power” was the secret of life
and the destiny of humanity. As far as he was concerned, history tells the
story of two classes of people: masters and slaves. Masters are the heroic figures because they
establish their own moral guidelines.
Masters are above the law that binds slaves, and autonomous of the moral
conventions of society. Happiness for Nietzsche results when one places oneself
beyond good and evil (immoralism).
Kierkegaard held that true fulfillment is found only when
the individual surrenders individuality by losing oneself in God. Like
Nietzsche, Kierkegaard recognizes a moral authority greater than that of social
norms, but he rejects Nietzsche’s “will to power” as the highest moral duty.
Instead, Kierkegaard recognizes an existential duty to God as the Creator.
While Nietzsche urges going beyond good and evil, Kierkegaard argues that the
distinction between good and evil is dependent on God in whom each is bound to
fulfill his or her spiritual destiny.
Post-Modern Ethics (Lesson 7)
Post-Modernism is
characterized by skepticism toward all truth claims. Post-modernist writers and thinkers tend to
view traditional morals and values as relative to one’s culture and place in
society. This does not mean that all
post-modernists reject the possibility of absolute truth. The French Algerian
philosopher, Jacques Derrida, enjoyed making fun of the traditional values
found in stories and religious texts. Yet Derrida himself admitted that there
was something at “the center” of Reality, even though the ontological center is
called different names by different people at different times and places.
Idealism insists that our notions of good and evil, as well
as everything that we see or sense in the material world, are mental concepts
with no objective existence. The
existence of things depends on their being perceived in the mind. Idealism draws off Plato’s idea of Forms.
Nietzsche’s immoralism fed Nazi propaganda during the Third
Reich. The theme that the supreme leader is above the morals of ordinary men
runs throughout Hitler's public utterances.
Ludwig Wittgenstein said language is incapable of perfect
communication. All language only approximates the object being described or
discussed. By this reasoning, statements about good, evil and beauty don’t
represent simple propositions, so a statement such as “Murder is evil” is
impossible to verify using logic and math.
Logical Positivists, drawing off Wittgenstein’s Tractatus,
are only concerned about “atomic” facts that represent things that can be
verified and studied using strict logic and mathematical analysis. Most Logical Positivists are atheists or
agnostics.
Martin Heidegger believed that the individual’s moral duty is to
face one’s mortality. Death is the first
fact of life and must be faced to live a life of integrity. He insisted that life involves a dread of
death and that authentic being is possible only when we face death honestly.
Elizabeth Anscombe was one of the 20th century's most remarkable philosophers. She studied with Ludwig Wittgenstein and upon his death in 1951 became one of his literary executors. She translated Wittgenstein's unpublished writings, preparing them for publication after his death and she wrote An Introduction to Wittgenstein's Tractatus.
She also responded to Heidegger's “extinction” which causes us anxiety. She suggests that this negation of existence has a binary opposite – the affirmation of existence – and this potentially relieves anxiety. The logic of her argument is that when we feel the anxiety of injustice (which is negating) we should perform justice. Justice then is not a state of affairs, but a practical virtue of a good person. It is perhaps the derived virtue of being made in the image of a Good God.
Anscombe believed that consequentialism (Utilitarianism) and Christianity are incompatible. Her considered the Judeo-Christian concepts of good and evil to be meaningless in post-Christian western societies. She urged moving ethical discussion forward by using the concepts of “justice” and “injustice” instead.
She also responded to Heidegger's “extinction” which causes us anxiety. She suggests that this negation of existence has a binary opposite – the affirmation of existence – and this potentially relieves anxiety. The logic of her argument is that when we feel the anxiety of injustice (which is negating) we should perform justice. Justice then is not a state of affairs, but a practical virtue of a good person. It is perhaps the derived virtue of being made in the image of a Good God.
Anscombe believed that consequentialism (Utilitarianism) and Christianity are incompatible. Her considered the Judeo-Christian concepts of good and evil to be meaningless in post-Christian western societies. She urged moving ethical discussion forward by using the concepts of “justice” and “injustice” instead.
John B. Rawls thought experiment is designed to establish a social
contract or constitution based on ignorance of one’s position or status in that
society. He hoped to minimize wealth differences by using the difference
principle.
Ayn Rand’s “Objectivism” sees rational self-interest as the
single moral obligation. By this measure
self-sacrifice for others is irrational. She believed that rational selfishness
is a virtue. Rand ’s rational selfishness
differs from Aristotle’s eudaimonism because Aristotle believed that, as
political creatures, humans must consider the happiness of others to be
happy. Rand ’s
attitude toward politics was one of indifference. Her ideal government is one
which allows citizens to live as they choose with the barest minimum of
interference.
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