We
are free in so far as our freedom “consists with every other person’s freedom,”
or “so long as we do not attempt to deprive others of theirs or impede their
efforts to obtain it.” In other words, “each
person has the same indefeasible claim to a fully adequate scheme of equal
basic liberties, which scheme is compatible with the same scheme of liberties
for all.”
Theses
famous principles by well-known moral and political philosophers like Immanuel
Kant, John Stuart Mill, and John Rawls seem very clear and reasonable prima
facie. However, these principles, especially terms like “in so far as,” “so
long as,” “consist with,” and “compatible with” in them, are so ambiguous,
vague, and broad that even fanatic persons and tyrannies can misuse them to
justify their brutal violent actions.
I try to show that to clarify
these principles and terms and to establish a free tolerant society and
reasonable conceptions of liberty, we need a morally relevant epistemological
distinction on harms. I call it the objective/subjective distinction. To harm somebody, that is to act against
her interests, per se cannot be morally impermissible. It means
that there are harmful actions that can
still be “compatible with the scheme of basic liberties for all,” and “consist
with every other person’s freedom.” I call these harms “subjective,” and I
think giving the agent the right to do them is a pre-condition of any free tolerant
society.
I propose two criteria to recognize a harm
as subjective: 1. the person will not be harmed if she changes some of her
personal beliefs or, at least, will give the agent the right to do it; or 2. we
can imagine some people exactly in the same situation who are not harmed by the
same action or, at least, give the agent the right to do it. Wearing clothes that
harm some person(s), delivering a lecture which some person(s) may find
annoying, speaking about an idea which some person(s) may find disgusting or
repugnant, are all good examples of subjective harms.