Towards a Worldwide Index of Human Freedom

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Towards a Worldwide Index of Human Freedom Towards a Worldwide Index of Human Freedom edited by Fred McMahon Fraser Institute ©2012 • www.fraserinstitute.org • www.freetheworld.com Towards a Worldwide Index of Human Freedom Edited by Fred McMahon Fraser Institute • Liberales Institut • 2012 Copyright ©2012 by the Fraser Institute. All rights reserved. No part of this book may be repro- duced in any manner whatsoever without written permission except in the case of brief passages quoted in critical articles and reviews. The authors of this book have worked independently and opinions expressed by them are, therefore, their own and do not necessarily reflect those of the Institute, its Board of Trustees, its donors and supporters, or its staff. This publication in no way implies that the Fraser Insti- tute, its trustees, or staff are in favour of, or oppose the passage of, any bill; or that they support or oppose any particular political party or candidate. Printed and bound in Canada Editing: Kristin McCahon Cover design and artwork: Bill C. Ray Cite this book: McMahon, Fred (ed.) (2012). Towards a Worldwide Index of Human Freedom. Fraser Institute. National Library of Canada Cataloguing in Publication Data Towards a Worldwide Index of Human Freedom / edited by Fred McMahon Includes bibliographical references. ISBN 978-0-88975-259-7. Fraser Institute ©2012 • www.fraserinstitute.org • www.freetheworld.com Contents About the co-publishers and Acknowledgements / iv Overview / v 1 Why Do We Measure Freedom? / 3 Detmar Doering 2 Human Freedom from Pericles to Measurement / 7 Fred McMahon 3 An Index of Freedom in the World / 55 Ian Vásquez and Tanja Štumberger 4 Measuring Individual Freedom: Actions and Rights as Indicators of Individual Liberty / 113 Peter Graeff 5 A Compact Statement of a Cost-based Theory of Rights and Freedom: Implications for Classifying and Measuring Rights / 137 Michael A. Walker 6 Conditions for Freedom: A Few Theses on the Theory of Freedom and on Creating an Index of Freedom / 153 Andrei Illarionov 7 Evolution and Freedom / 173 Paul H. Rubin 8 Liberty in Comparative Perspective: China, India, and the West / 189 Erich Weede 9 The Evisceration of Liberty in Canadian Courts / 243 Karen Selick, Derek From, and Chris Schafer 10 From Fighting the Drug War to Protecting the Right to Use Drugs: Recognizing a Forgotten Liberty / 253 Doug Bandow www.freetheworld.com • www.fraserinstitute.org • Fraser Institute ©2012 About the co-publishers Fraser Institute The vision of the Fraser Institute is a free and prosperous world where individuals benefit from greater choice, competitive markets, and per- sonal responsibility. Our mission is to measure, study, and communicate the impact of competitive markets and government interventions on the welfare of individuals. Founded in 1974, we are an independent research and educational organization with locations throughout North America and international partners in nearly 90 nations and territories. Our work is financed by tax-deductible contributions from thousands of individuals, organizations, and foundations. In order to protect its independence, the Institute does not accept grants from government or contracts for research. Website: http://www.fraserinstitute.org. Liberales Institut The Liberales Institut is the think tank of the Friedrich-Naumann- Foundation for Freedom, based in Potsdam, Germany. It spreads lib- eral and free-market ideas through publications, the analysis of political trends, and the promotion of research. It aims to promote the goal of mak- ing freedom valid for the dignity of all people and in all areas of society, both in Germany and abroad. Its policies work towards promoting the rule of law, democracy, and the world-wide liberalization of all markets: information, technology, goods and services, as well as currency and capi- tal markets. The Institute organizes conferences and workshops to stimu- late an intellectual exchange among liberals around the world. Website: http://www.libinst.de. Acknowledgments This publication has been generously supported by the Lotte & John Hecht Memorial Foundation, and by the sponsors of the seminars out of which the book arose: the first, in Atlanta, sponsored by Liberty Fund; two, in Potsdam, sponsored by the Liberal Institute of the Friedrich Naumann Foundation for Freedom; and one, in Washington, DC, sponsored by the Cato Institute. Fraser Institute ©2012 • www.fraserinstitute.org • www.freetheworld.com Overview The quest People have been seeking freedom for millennia, but not freedom for all. Slaves, serfs, women, outsiders, and the defeated were not included. That changed in the last few centuries as the circle of those considered deserv- ing of freedom expanded. Evolution continues. Two centuries ago, slav- ery was alive in the world in many nations, not just the United States; a century ago, women everywhere lacked full citizenship and the freedoms that go with it; more recently, sexual orientation is being removed as a barrier to freedom. The analysis A rigorous debate on freedom and what it is did not fully blossom until the Enlightenment when the thinkers of the time made clearer both the nature of freedom and the universal right to it. They also understood and developed the relationship between economic freedom, including prop- erty rights, and other freedoms. Key analytical advances (Berlin, 1958 and MacCallum, 1967) have been even more recent. The measure Yet efforts to measure freedom have only emerged in the last quarter cen- tury or so. Unfortunately, these efforts have been flawed: blurring vari- ous definitions of freedoms (despite Berlin’s and MacCallum’s analytical work), confusing “other good things” with freedom, using subjective rather than objective measures, and either failing to account for economic freedom or focusing exclusively on it. The project This project focuses on creating a comprehensive index of human free- dom, which includes economic freedom and is based on the “nega- tive” definition of freedom—in other words, the absence of barriers or coercion that prevent individuals from acting as they might wish. (This concept is discussed at more length in the McMahon, chapter two in this volume.) We have held four seminars to explore the concept and develop a way to proceed: the first in Atlanta, sponsored by Liberty Fund; two in www.freetheworld.com • www.fraserinstitute.org • Fraser Institute ©2012 vi • Towards a Worldwide Index of Human Freedom Potsdam, sponsored by the Liberales Institut (Liberty Institute) of the Friedrich Naumann Foundation; and one in Washington, DC, sponsored by the Cato Institute. Contents 1 Why Do We Measure Freedom? Detmar Doering Doering’s insightful, brief essay outlines the motivation for this proj- ect. He reviews the existing evidence that freedom produces superior utilitarian outcomes but notes the incompleteness of this evidence. He discusses the flaws of the existing “freedom” indexes and the need to inte- grate economic freedom into an overall index of human freedom. Only then, when a reliable measure of freedom exists, will it be possible to test the impact of freedom on human well-being reliably. As he says in his concluding paragraph: “An index that could provide us with sound empirical evidence about the state of freedom and its beneficial conse- quences could do a lot to bridge the gap that has divided the friends of freedom for long time.” 2 Human Freedom from Pericles to Measurement Fred McMahon This article provides a literature review of freedom, tracing its concep- tual development from classical times. It explores the analytical devices developed to help understand freedom. Turning to the various measures of freedom now available, it shows how they are either incomplete or con- fused (or both) about the nature of freedom. 3 An Index of Freedom in the World Ian Vásquez and Tanja Štumberger Building on the conceptual work of the conferences, Vásquez and Štumberger develop a human freedom index based on a consistent “neg- ative” concept of freedom. It uses only third party data to ensure objec- tivity and avoid subjective judgments. It also creates a unified index of economic and other freedoms, which until now were only examined in separate indexes. 4 Measuring Individual Freedom: Actions and Rights as Indicators of Individual Liberty Peter Graeff The author attempts to “reduce the gap between theoretical ideas of freedom (in the negative sense) and operationalization.” To do this, he analyzes the debates over what freedom actually is and the relation of “negative” to other sorts of freedom. He argues that a measure should Fraser Institute ©2012 • www.fraserinstitute.org • www.freetheworld.com Overview • vii understand the difference between “actions” that individuals can under- take and obstacles to them, on the one hand, and the range of rights granted to individuals by culture, society, or law, on the other. 5 A Compact Statement of a Cost-based Theory of Rights and Freedom: Implications for Classifying and Measuring Rights Michael A. Walker The author draws a distinction between two types of rights or free- doms: those that are costless or low cost for a society to provide and those that require the expenditure of resources to provide. The first set simply requires government to refrain from acting. It includes, among others, freedoms like non-interference with families, most elements of economic freedom, non-discrimination by government, and no prohibi- tion of religions, clubs, newspapers, or other modes of communication. Costly rights include security of property and
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