Robert Nozick opens the preface to Anarchy, State, and Utopia asserting that “individuals have rights, and there are things no person or group may do to them (without violating their rights). So strong and far-reaching are these rights that they raise the question of what, if anything, the state and its officials may do”. Indeed natural rights are a hallmark of western political philosophy. They assert the individual’s natural freedom and protect his or her private life and property from external threats. As articulated in the seventeenth century by European and American liberals, the discourse of natural rights was employed to limit the power of absolutist monarchies and abolish the hegemony of hereditary aristocracies. In fact they acted as a principle of governmental limitation, attempting to draw a juridical barrier between naturally free citizens and their governments.
Today’s political discourse presents a similar use of natural rights. If we look at the claims emerging from the Tea Party movement and like-minded libertarian circles we notice a similar re-assertion of natural freedom and individual independence from a government which intrudes excessively in the life of private citizens. Publicly funded programs such as Medicare, Medicaid and Social Security are thus seen as direct assaults on the private sphere that pertains to individuals.
A False Dichotomy
Such an interpretation of natural rights rests upon an understanding of human liberty defined as the condition of absence from external constraints. In his seminal essay Two Concepts of Liberty (1969), Isaiah Berlin terms this attitude towards freedom as negative liberty, one concerned solely with creating a private sphere of non-interference upon which no other person may intrude: “I am normally said to be free to the degree to which no man or body of men can interfere with my activity. Political liberty in this sense is simply the area within which a man can act unobstructed by others”. On the contrary, positive liberty implies the freedom to participate in the collective decisions influencing the individual’s life. Yet, collective participation in political endeavors, according to Berlin, has historically led to the formation of universal categories such as collective wills, the common good, or enlightened majorities which, in the name of collective well-being, have inevitably trodden upon the sacrosanct natural rights of private individuals. Berlin thus concludes that positive and negative liberty “are not two different interpretations of a single concept, but two profoundly divergent and irreconcilable attitudes to the ends of life”.
Similarly, the libertarian right, along with many neo-classical economists such as F.A. Hayek and Milton Friedman, eschew an understanding of positive liberty based on increased political participation and concerns for the common good. In their view, true liberty lies in the “freedom to choose” their own personal decisions rather than having them dictated by government. Moreover, political participation and democratic deliberation are not seen as conducive to social harmony or political stability as they most often lead to irresolvable political arguments which strain the already frail bonds uniting society. On the other hand, Milton Friedman asserts that if such decisions were left to the free market, such political strains would not occur: “the wider the range of activities covered by the market, the fewer the issues on which explicitly political decisions are required and hence on which it is necessary to achieve agreement”. In fact, F.A. Hayek suggested that democracy is not an end to itself but solely a means to secure personal freedom.
“Democracy is essentially a means, a utilitarian device, for safeguarding internal peace and individual freedom.”
We are thus presented with two apparently irreconcilable understandings of liberty. The negative asserts freedom from external constraints, while the positive a freedom to engage in the political act of decision making. Yet, Isaiah Berlin warns us that political participation in a collective sphere, although potentially a noble endeavor, possesses no internal mechanism of limitation which allows it to check its ability to encroach on private natural rights. In this light, it is self-evident that negative liberty is the sole concept of freedom which ensures that at least our very basic rights are protected. This, however, presents us with a false dichotomy.
The Classical Republican Theory of Liberty
Positive and negative liberty may coexist, and have coexisted, in many different articulations. A valuable example is the theory of republican liberty outlined by professors Quentin Skinner and J.G.A. Pocock. These historians bring to the light a political discourse dating back to ancient Greece and republican Rome concerned with the common good, civic virtue and collective participation in the public sphere. This political theory found its first coherent expression in renaissance Florence, where quattrocento (1400) humanists along with Machiavelli articulated the foundational concepts of classical republicanism. The republic of Florence from the early 1100s to 1432 had been a self governing and independent polity, vying for territorial and political hegemony with neighboring republics and principalities.
Skinner and Pocock point out that Florentine political thought conceived of liberty as resting on two mutually dependent assertions: absence from forms of constraint and political participation. Absence from constraint was understood as a the condition of independence from external rule. After all, Florence during the medieval and renaissance periods inhabited a world of warfare, marching armies and endless sieges. The individual liberty of citizens within the republic thus depended on the city’s ability to remain free from neighboring tyrants, popes, princes and monarchs. This condition of independence was however maintained solely through citizen participation. In fact, the citizen was called upon to fulfill two duties: firstly, the running of the city’s administration, and secondly the military defense of the city’s walls.
Such a form of citizen participation was embodied in a principle called civic virtue, or il vivere civile e politico, and demanded that citizens take part in the running of the republic’s endeavors if they wished to remain free. In Florentine political thought, the condition of dependence signaled the loss of autonomy and human agency, eventually causing social decay and moral corruption. Civic virtue was thus a principle of individual and social action, an ethic which enabled citizens to be masters of their own destiny through a concerted and collective effort. As such, renaissance republican thought eschewed the idea of private interests guiding the republic, it was weary of princes, and cultivated a profound suspicion of hereditary aristocracies. The republic’s highest magistracies should therefore be accessible to all qualified citizens, and its electoral system was characterized by frequent elections and short terms.
Pocock and Skinner point out the presence of the theory of republican liberty during the English Civil War, in Revolutionary and Federalist America, all the way into the thought of Adam Smith. Its admonition is clear: the maintenance of negative liberty necessitates a positive effort of political participation. As Quentin Skinner suggests, the lesson that the great minds of the seventeenth century seem to be telling us is that “if we wish to maximise our personal liberty, we must not place our trust in princes; we must instead take charge of the political arena ourselves”.
Recent attempts on behalf of libertarian movements forcing us to choose between individual liberty or political participation in a collective sphere are theoretically and historically erroneous. Accepting negative liberty as the only viable and modern understanding of freedom ignores a rich and varied political tradition on which western democracies have been built on. Moreover, this false dichotomy forces us to choose between the protection of natural rights on one hand, and a potentially collectivist totalitarian politics on the other, thereby nudging us towards the acceptance of a limited and unaccountable democratic system. Contrarily, we must conceive of democratic politics as a system requiring continuous political questioning and debate. Indeed democracy’s lifeblood lies in democratic deliberation which always necessities some degree of citizen participation and civic virtue (of course not the same as the Florentine republic’s).
A retreat to an a-political and a-social state of nature -which is what the Tea Party movement at times seems to base its claims on- will not maximize individual liberty but render it vulnerable to, and dependent on, powerful interests –be these governmental or private. If natural rights are not defended through political participation within government there is the serious possibility of losing them. Moreover, natural rights, such those to “life, liberty and the pursuit of happiness”, do not exist on different political playing field than the rights to basic healthcare, decent education and a dignified retirement plan. The lesson we derive from the political theories of classical republicanism and early liberalism is that natural rights are inextricably tied to the demands for civil liberties. Natural rights and civil rights are linked because they must both be fought for politically, continuously and within a democratic framework.
A libertarian re-assertion of negative liberty and individual natural rights will not deliver American and European nations from their financial woes. Nor will the dismantlement of government and its public services. It will solely erode and gnaw away at the frail ties that keep us united as democratic nations, thereby fostering division, political apathy and national disunion. In a moment in which financial markets call into question our nations’ popular sovereignty, we are more than ever in need of a concerted and collective effort to rise to the challenge and defend our cherished liberties that define us as democratic citizens.
 Nozick 1974, p ix
 Foucault 2008, p 9
 Berlin 1969, p 122
 Berlin 1969, p 166
 Friedman 1962, p 24
 Hayek 1944, p 73
 Skinner 1998
 Pocock 1975, p 201
 Skinner 1978, p 76
 Pocock 1975, p 56
 Pocock 1975, p 94
 Viroli 1990
 Skinner, 1992
Berlin, I. 1969 “Two Concepts of Liberty” in Isaiah Berlin Four Essays on Liberty. Oxford University Press: Oxford
Foucault, M. 2008, The Birth of Bio Politics. Palgrave Macmillan: Hampshire
Friedman, M. 1962, Capitalism and Freedom. The University of Chicago Press: Chicago
Hayek, F. A. 1944 The Road to Serfdom, Routledge: Abingdon
Nozick, R. 1974. Anarchy, State, and Utopia, Blackwell Publishing: Oxford
Pocock, J.G.A. 1975. The Machiavellian Moment, Princeton University Press: Princeton
Skinner, Q. 1978. The Foundations of Modern Political Thought, Vol. 1. Cambridge University Press: Cambridge
Skinner, Q. 1992, “On Justice, the Common Good and Liberty” in Mouffe, C. Dimensions of Radical Democracy, Verso: London
Skinner, Q. 1998, Liberty Before Liberalism, Cambridge University Press: Cambridge
Viroli, M. 1990. “Machiavelli and the Republican Idea of Politics” in Bock, Skinner & Viroli ed. Machiavelli and Republicanism, Cambridge University Press: Cambridge