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Carson Holloway On Balancing Liberties and Rights

Generally, our civil liberties protect our freedom to make our own choices in life. But some civil rights claims—the ones that assert a right to be immune from discrimination practiced by our fellow citizens—require the government to constrain people’s free choices. ¶ This tension is unavoidable in a society that strives to be both decent and free. A decent society will admit that there must be some limits to individual freedom, that some uses of individual freedom are wrong enough or damaging enough that they should not be permitted. At the same time, a free society will admit that many uses of freedom will have to be tolerated, even if they seem unwise or even inappropriate to those who govern. After all, it makes little sense to speak of a free society in which people are free to do only what is officially approved. ¶ The tension between these two principles may be theoretically problematic—at least to those who demand that their society conform to a particular theory. That tension, however, is perfectly satisfactory from a practical point of view. The good society involves various different kinds of goods. These goods cannot all be maximized: maximization of one necessarily entails the minimization of others, and the absolutization of one necessarily means the annihilation of the others. A healthy society, then, tries to strike a prudent balance among these various goods, by keeping them all within reasonable bounds.


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