Effects of Freedom by Legislating Responsibility 1 RUNNING HEAD: Effects of Freedom by Legislating Responsibility

Legislating Personal Responsibility and The Effect it has on our Personal Freedom Nathan Kizer Middle Tennessee State University

Zach Foster : I really enjoyed reading your paper. Keep up the good work and I think the final version is going to be fantastic. :)

Effects of Freedom by Legislating Responsibility 2 Abstract Personal freedom can be often thought of as a possession that cannot be taken away. Personal freedom is something that we cannot see or feel, but we know we have. Personal responsibility is an attribute that comes with having personal freedom. If we are capable of owning personal freedom, then why can we not be responsible enough to protect it? Why does our government have to tell us to be responsible? Personal responsibility should not be part of the law. Responsibility should be a part of our personal freedom. We should be able to freely decide what our responsibility is.

Effects of Freedom by Legislating Responsibility 3 Legislating Personal Responsibility and The Effect it has on our Personal Freedom Isn't it strange that a government based on the idea of personal freedom would still legislate personal responsibility? What is our personal freedom? Freedom is defined as the power or right to act, speak, or think as one wants without hindrance or restraint. Personal, used in the sense of personal freedom, can be described as affecting or belonging to a particular person rather than to anyone else. Freedom has been what this country has strived for since being established by our forefathers. Personal freedom is something everyone desires, but has a hard time obtaining. The government acts like they protect our freedom, but with that same protection they repress it. Freedom is a God given right. So, why does man try to take that right? Responsibility should be up to each individual. A responsible person should take accountability for his own actions. If man does not want to wear a seatbelt while driving, then should it be forced on him? Does man deserve freedom? Does the government have to force society into being responsible? Is it not mans freedom to be responsible? Responsibility is a freedom that should not be taken by force. Our forefathers established this country on the premise that every individual was created equal by their Creator and given certain unalienable Rights, which include Life, Liberty, and the pursuit of Happiness.(The Declaration of Independence) Freedom has been given to men naturally by the gift of free will. Free will gives man the apparent ability of agents to make choices free from certain kinds of constraints. This freedom of choice has been in question since the beginning of time. Was Adam forced into taking a bite of the forbidden fruit? He had a choice and was able to freely choose one way or another. Does man not also have the right to

Effects of Freedom by Legislating Responsibility 4 free will? Liberty identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions. In the preamble of the United States Constitution, it states that the government should establish justice, tranquility, general welfare, common defense, and secure the Blessings of Liberty to ourselves and Posterity.(United States Constitution) Therefore, Man should be free to think, act, and whatever his heart desires without fear of penalty. Is Freedom and liberty a mans right? Thomas Paine wrote that there is one general principle that distinguishes freedom from slavery, which is, that all hereditary government over a people is to them a species of slavery, and representative government is freedom.(Paine, 115) In essence, people are not free just because the government says they are. Does a person have the freedom to choose to be irresponsible? In Fyodor Dostoyevskys novel Notes From The Underground, he says that What man wants is simply independent choice, whatever that independence may cost and wherever it may lead.(Palmer, 2011, 241) Furthermore, men strive to be free from oppression and to be liberated from authoritative rule. Philosopher John Locke wrote The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of Nature for his rule.(Locke, 13) Murray Rothbard was a big proponent of self-governance. He considered the monopoly force of government the greatest danger to liberty. He stated that "The right to self-ownership asserts the absolute right of each man, by virtue of his (or her) being a human being, to own his or her own body; that is, to control that body free of coercive interference."(Rothbard, 1973, 28) Freedom is the basis of this country, and the American citizens have taken responsibility for it. Conversely, there are laws that the government has put in place to make the American people more personally responsible for the freedom that was installed in 1776. Personal

Effects of Freedom by Legislating Responsibility 5 responsibility is taking accountability for your actions, accepting the consequences that come from those actions, and understanding that what you do impacts those around you. Locke stated that if a person violates the state of nature then they should be punished. Locke states By the same reason may a man in the state of nature punish the lesser breaches of that law. It will perhaps be demanded: with death? I answer: Each transgression may be punished to that degree and with so much severity as will suffice to make it an ill bargain to the offender, give him cause to repent, and terrify others from doing the like. Every offence that can be committed in the state of nature may in the state of nature be also punishable equally, and as far forth as it may in a commonwealth.(Palmer, 2011, 344) Lockes theory of justice is avenging and preventative. His statement pertains to capital punishment, but the concept, in a sense, is what the federal government uses in todays legislation. The purpose for law making is to deter certain behaviors in society. In addition to Lockes theory, John Stuart Mill had this to say about political body, when he formulated his principle known as the the principle of liberty, the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.(Palmer, 2011, 354) The federal government established child labor laws to ensure that the youth of America have the necessary time to pursue their education and be employed in a safe workplace. The government created the Fair Labor Standards Act in 1938 to take responsibility of the well-being of Americas youth. Therefore, FLSA legislation takes the responsibility away from the public and puts it in the hands of the federal government. In essence, it takes the freedom of good choice making from the American people. Another law that regulates Americans responsibility is local and state laws that require a seat belt to be worn

Effects of Freedom by Legislating Responsibility 6 while operating a vehicle. Tennessee State Law 55-9-603 requires drivers to be responsible for seat belts to be worn by themselves and for all child passengers less than age 18 in the front or back seat. Violation of this law holds fines and possible misdemeanor charges. The law reduces the freedom of responsibility that the driver holds over himself and his passengers. The driver also can be penalized for not conforming to the law set by the state government. These laws were enforced to make the American public more responsible for the liberties that were bestowed upon them since the founding of the United States. The late American philosopher Richard Taylor wrote the whole of the criminal law would be summed up in saying that all actions are prohibited. And a principle having that consequence can hardly be called a principle of liberty. (Palmer, 2011, 356) In summary, Taylor was saying to regulate a person from certain actions was revoking his freedoms. Furthermore, Jean-Jacques Rousseau, a French philosopher, stated that the citizen gives his consent to all the laws, including those which punish him when he dares to break any of them.(Palmer, 2011, 352) Since the American citizen is part of the United States, this holds him to the standards that are legislated by the federal government. On the other hand, the United States was founded on liberties and freedoms. Aristotle said that Democracy arises out of the notion that those who are equal in any respect are equal in all respects; because men are equally free, they claim to be absolutely equal.(Harvard University, 1977, 107) My perception is that our government does not have the right to take steps into making us more responsible. As I searched through this paradox, I have developed an understanding that man cannot exist without a structured environment. That being said the federal government has become more of a dictator than a democracy. I have found that society can be more peaceful and

Effects of Freedom by Legislating Responsibility 7 prosperous with fewer regulations. Furthermore, freedom is a responsibility that was given to man naturally. Man should have the freedom to choose to be irresponsible or not. Personal freedom has been taken from American citizens gradually through legislation of personal responsibility. Freedom was given to human society from conception. In addition to that freedom comes a certain responsibility that man is obligated to uphold. Should the American society be governed to be responsible? Should personal freedom be revoked through legislation of personal responsibility? I think society should be allowed the freedom to make irresponsible decisions for themselves. Personal freedom includes the freedom of choice. Personal responsibility is given to society through the personal freedom of choice. When the government regulates societys choice of personal responsibility, it prevents them from learning about the painful consequences irresponsible decisions may have.

Effects of Freedom by Legislating Responsibility 8 References Aristotle politics . (1977). Cambridge, Mass.: Harvard Univ. Press. Locke, J. (199). Concerning civil government, second essay . Raleigh, N.C.: Alex Catalogue ;. Paine, T. (199). The rights of man . Raleigh, N.C.: Alex Catalogue ;. Palmer, D. (2011). Does the center hold?: an introduction to western philosophy (5th ed.). Dubuque, IA: McGraw-Hill. Rothbard, M. N. (1973). For a new liberty . New York: Macmillan. The Constitution of the United States of America . (199). Champaign, Ill.: Project Gutenberg. The Declaration of Independence of the United States of America . (199). Champaign, Ill.: Project Gutenberg.

Effects of Freedom by Legislating Responsibility 9 Appendix As I started this project, I had no idea what direction I was going to take. I looked over the topics and was overwhelmed. I decided on a topic that I could possibly gain more insight on, and also enable me to voice my philosophy in the process. I took the topic of the paradoxes of freedom and responsibility. My first thought was this could be easy. I love my freedom and I am responsible with it. I quickly learned as we got deeper into learning about philosophical approaches that it was more complicated than just people being free and responsible. However, when my anxiety finally subsided I started gathering information from our text and the pre-approved sources. Finding a paradox statement was the most difficult task. Isnt it strange that a paradox statement is complicated to state? I know we practiced making them up at the beginning of the semester, but we were not held to any specific guidelines. Therefore, making a paradoxical statement for a specific topic was ten times more difficult. It was especially hard to start the statement with Isnt it strange. Isnt it strange that we drive on parkways and park on driveways? Isnt it strange there flotation devices under plane seats instead of parachutes? I can go on for days with these type statements, but I had to narrow it down to paradoxes of responsibility and freedom. Therefore, I enlisted the help of my MBA brother, who loves reading philosophy. He helped me bounce some ideas around of where I should go with the paper. This is when I decided to go with Isnt it strange that a government based on personal freedom would legislate personal responsibility? After I created my paradox statement, I engrossed myself in reading the Constitution, Declaration of Independence, writings by Thomas Paine, and some philosophers who shed some interesting insight on the subject. I found that the personal freedom side of the paradox was

Effects of Freedom by Legislating Responsibility 10 much easier to write. Freedom is a topic that you can find a plethora of information about. Scholars and philosophers have been debating the topic of freedom for thousands of years. As I read through the sources, it gave me a greater sense of how far we have come as a society. In essence, we, as Americans, should be grateful every day for what our forefathers have established. On the other hand, once I started researching other side of the paradox, legislating personal responsibility, I came down with writers block. The question was who would give an argument for government to take control over our personal responsibilities? I once again enlisted the help of my brother, and he drew a blank. I was lost in thought and no direction. I could not think of a philosopher that would defend the interference of a government on our responsibility. Then I thought about our textbook and I read through the table of contents. I was trying to get an idea of where I can find some sort of guidance. I finally found it in Chapter 9 Let Them Eat Cake: Political and Social Philosophy. I thought if there was a chapter in this book written for my paper, it was this one. In the chapter, I found a wealth of information about governments role in society. All in all, the paradox writing method was quite difficult, but it was enlightening as well. I even used a portion of my paper for a political science course I am taking this semester. I think this style of writing has improved my critical thinking and enhanced my thought process.