Freedom of Association/Traditions
Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?
While freedom of association is a fundamental human right today, it has not always been recognized as such. Furthermore, several philosophers stretching from the Enlightenment period to the 20th century have argued for restrictions to be placed on freedom of association, rendering it a conditional right. Thomas Hobbes, Jean-Jacques Rousseau, Karl Marx, and Carl Schmitt are four such philosophers who, despite being products of varying centuries, disputed the classification of freedom of association as a fundamental and unconditional right in their respective social, political, and economic contexts.
Thomas Hobbes (1588-1679)
Hobbes viewed freedom of association as an important social right, but not as a fundamental or unconditional one. Freedom of association was subject to political authority under the agreement that both the citizens and authority entered into to maintain societal and political order. This agreement exists to counter the natural state of human life which is “solitary, poore, nasty, brutish, and short” (Hobbes). By giving up some freedom and liberty in exchange for order, protection, and security from the sovereign or authority, the natural state of humanity can be counteracted (Lloyd). Hobbes emphasized that while individuals are allowed to form relationships and create associations with others, these groups are ultimately subordinated to the sovereign, who can dissolve associations for the good of society to maintain peace and order.
Jean-Jacques Rousseau (1712-1778)
Rousseau’s views on freedom of association are heavily centered on his ideal of a social contract. This is a relationship that exists between the individual and the state in which the individual experiences no net loss of freedom, but rather exchanges some of his natural freedom for civil freedom (Bertram). In his seminal work The Social Contract, Rousseau explains this exchange by emphasizing that man should promote the common good of society over his own interests: “Each citizen would then be perfectly independent of all the rest, and at the same time very dependent on the city; which is brought about always by the same means, as the strength of the State can alone secure the liberty of its members.” (Rousseau, 24). The main issue with unconditional freedom of association came from his claim that “the required degree of social cohesion could not, in practice, be achieved merely through appeal to rational self-interest” (Chappell). This is not to say that Rousseau believed in stamping out individuality in its entirety, just that devotion to a stable political and societal status quo should be the main priority of civilized societies.
Karl Marx (1818-1883)
Marx held a more complex view of freedom of association than other political philosophers. His philosophy was rooted in a socially mediated economic structure that would then, in turn, impact a society's political and social practices—he believed in abolishing private ownership of production (capitalism) and instead establishing collective ownership (socialism or communism). He believed that capitalist systems limit and distort freedom of association because of their economically exploitative and class-based structures; relationships in capitalist societies are never between “individuals,” but rather between “workers and capitalist, between farmer and landlord” (Marx, 44). Socialist or communist political and societal structures would allow freedom of association because individuals could unite freely based on their interests and needs (Jian-xing, 351).
Carl Schmitt (1888-1985)
Schmitt was a prominent member of the Nazi party, and his views on freedom of association are very much influenced by his “anti-democratic and anti-liberal” political beliefs (Frye, 818). In a similar approach to Hobbes, Schmitt believed that freedom of association is an important but highly conditional right that is subject to a central authority. If associations prove to be a threat to the central authority or order of society, the authority must dissolve them (Vinx). He stipulates that the decisions of the authority should not be influenced by external morals, but rather solely based on political reasoning (Vinx). His parameters on freedom of association raise concerns over the potential to justify authoritarianism and the abuse of democratic principles.
REFERENCES
Bertram, Christopher, "Jean Jacques Rousseau", The Stanford Encyclopedia of Philosophy (Summer 2023 Edition), Edward N. Zalta & Uri Nodelman (eds.), URL = <https://plato.stanford.edu/archives/sum2023/entries/rousseau/>.
Chappell, Richard. “Rousseau and Freedom.” Philosophy, et cetera, April 27, 2005. https://www.philosophyetc.net/2005/04/rousseau-and-freedom.html.
Frye, Charles E. “Carl Schmitt’s Concept of the Political.” The Journal of Politics 28, no. 4 (1966): 818–30. https://doi.org/10.2307/2127676.
Hobbes, Thomas. “The Project Gutenberg eBook of Leviathan, by Thomas Hobbes.” Edited by Edward White and David Widger. The Project Gutenberg eBook of Leviathan, by Thomas Hobbes, March 27, 2021. https://www.gutenberg.org/files/3207/3207-h/3207-h.htm.
Jian-xing, Y., Jun-guo, C. A reconsideration of Marx’s idea of “association of free individuals”. J. Zhejiang Univ.-Sci. 2, 348–355 (2001). https://doi-org.uc.idm.oclc.org/10.1007/BF02839474
Lloyd, Sharon A. and Susanne Sreedhar, "Hobbes’s Moral and Political Philosophy", The Stanford Encyclopedia of Philosophy (Fall 2022 Edition), Edward N. Zalta & Uri Nodelman (eds.), URL = <https://plato.stanford.edu/archives/fall2022/entries/hobbes-moral/>.
Marx, Karl. Edited by Matthew Carmody. The Poverty of Philosophy, 2009. https://www.marxists.org/archive/marx/works/1847/poverty-philosophy/.
Rousseau, Jean-Jaques. Translated by G.D.H/ Cole. The Social Contract or Principles of Political Right. Accessed July 13, 2023. https://discoversocialsciences.com/wp-content/uploads/2018/07/Rousseau-Social-Contract.pdf.
Sowell, Thomas. “Karl Marx and the Freedom of the Individual.” Ethics 73, no. 2 (1963): 119–25. http://www.jstor.org/stable/2379553.
Vinx, Lars, "Carl Schmitt", The Stanford Encyclopedia of Philosophy (Fall 2019 Edition), Edward N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/fall2019/entries/schmitt/>.
Williams, Garrath. “Thomas Hobbes: Moral and Political Philosophy.” Internet Encyclopedia of Philosophy. Accessed July 11, 2023. https://iep.utm.edu/hobmoral/.