Transnational Research Associates

B O O K

R E V I E W

by Art Madsen, M.Ed.


Freeden, Michael, Concepts in Social Thought: Rights,

University of Minnesota Press, Minneapolis, 1991.


The notion of individual and collective rights has become a primary focal point of socio-political inquiry in recent years throughout several major Western Democracies. For this reason, and because rights are so often violated, casually and blatantly, in American society, it seems essential to probe more deeply into the dialogue and discourse in progress among academicians of note.

Professor Freedan, whose lectures are delivered at Oxford University, addresses in the captioned volume a wide range of issues bearing on the subtleties of human, political and societal rights. Further, he touches on the ramifications of each sub-sector within the blossoming field of "rights-theory."

In examining the underlying premises of this neo-discipline, Freeden highlights three thematic priorities, which form the central thrust of his efforts. Initially, he explores the development and growth of rights-theory, defining its principal components. Subsequently, he concentrates on those specific theoretical elements which prevailed at various times throughout the evolution of rights as a fundamental concept in Western Society, adding the intriguing perspective of "human thought-behavior" to his analysis. Lastly, but no less importantly, Professor Freeden focuses on the relationship between the ideological aspects of rights and the language of modern politics, avoiding the nebulous, even contentious area of "truth" with respect to various historical positions taken on rights by such luminaries as Hobbes, Locke and Marx.

He approaches his topic from a rational and logical point of view, contributing significantly to his reader's grasp of the field. Clearly, because his text is quite abstract at times, Freeden is speaking to a highly refined and erudite class of intellectuals, sociologists, political scientists and rights advocates. Nonetheless, there are straightforward passages which inspire the "informed" reader, enhancing his or her insight into the question of social, political and individual rights.

In view of the writer's manifestly significant contribution to "rights-discourse and theory", his volume constitutes an asset of considerable value to the fields of law, justice and public administration.

From a textual standpoint, the Oxford theorist surveys the fundamental notions of Thomas Hobbes who posited the existence of the "Right of Nature", and man's innate prerogative to pursue his rights, or, alternatively, to renounce and/or transfer them. Self-preservation is foremost among man's rights, Hobbes argues, and is seldom, if ever, renounced. Freeden then moves on through the theoretical models of John Locke, the empiricist, Thomas Paine, the patriot-rebel, and Karl Marx, the collectivist, among others, outlining the underlying principles of their and his own broadly conceived approach to rights-theory, the latter predicated on a particularly contemporary outlook.

Building on theories set forth in the early days of the Greek Empire, through 19th Century Marxism, the author assesses the Natural Rights doctrine, suggesting that all human beings are endowed with rights which cannot be diminished. He devotes high-priority space and somewhat laborious effort to the concepts of "inalienability" and its counter-principle, "indefeasibility", or the inability of a society to abridge a right in any way whatsoever.

Freeden argues, paraphrasing liberally, that rights must be protected, even enshrined. He implies that mankind should enjoy rights and privileges extending, perhaps, beyond those guaranteed currently by the U.S. Constitution. In the United Kingdom, of course, broader liberties, rights and privileges have been historically afforded the common man, he seems to intimate.

Progressing through the germane issues of social welfare, and the existential qualities of choice, the Oxfordian speaks eloquently of human dignity, needs and behavioral imperatives. Society may intervene in the lives of individuals in order to ensure their well-being, he points out, but only under rare circumstances.

The "constructs" of human nature and the community are addressed in some depth. Inasmuch as dignity is a right, what, he inquires, are minimal levels for "dignified living?" Pursuing this concept, Freeden posits the oppositional relationship of the public good versus individual rights, noting that this pendulum has swung dramatically in centuries past, and that, all too frequently, government power has become oppressively abusive, even in contemporary times. Yet, the ideal community is one in which individual and community rights converge harmoniously. Such is the belief of the American "communitarian" theorist, Sandel, he notes. Rights, Freeden advances, are intermingled with responsibilities; however, we must take care not to oversimplify. There may be innate rights not tied to responsibility, he cautions.

Further, the author notes that rights are linked inextricably to human associations, and are, regrettably, subject to denial for reasons of jealousy, anger or political orientation, such is the sorry history of "liberty" in many countries.

Highly controversial is the notion that rights are related to utilitarian precepts. Dworkin, a critic of utilitarianism, opposes the linkage of rights to "usefulness." He decries the idea that one person may be deprived of goods, or sustenance, because of the will of others, who consider themselves more adapted, useful, important and, hence, valuable to society.

Upon reflection, an adequate analysis of Rights compels this student to critique, in addition to the above remarks, at least three aspects of the volume which seemed most enlightening, and one which seemed to fall short of the reader's expectations.

Drawing on practical experience in the United States, this student can assert with some degree of confidence, firstly, that Freeden's publication honestly and accurately reflects many aspects of the scholarly rights-discourse underway in the U.S. and Canada at this juncture. Yet, mere academic discourse is not reflective of realities in the "high-ways and by-ways" of urban America. The theoretical constructs proposed by the author are intricately presented and delicately phrased, lending credence to his assertions. However, whether all that the Oxfordian suggests is valid, either from a pedestrian standpoint or from the loftiness of the Ivory Tower, is open to question. Surely, his discussion of "abridgeable" rights in the U.S. is worthy of attentive reading.

Secondly, Freeden's insightful passages relating to the "history of rights" are reflected, in part, in earlier comments. Worthy of repetition, however, is the distinction made by the author between the notions of Locke and Hobbes, on the one hand, and Marx and Paine, for example, on the other. Indeed, this student took careful note of the challenging ideas in both Locke and Paine, relating to the pressing realities of social convention.

Lastly, the humanistic overlay of Professor Freeden's work is refreshing in a world of callousness and indifference. His brisk style and objectivity (in spite of an underlying ideological position, leaning well to the left by New Mexican standards) are favorable qualities enabling the reader to penetrate the more obtuse chapters.

Nonetheless, in spite of relatively complete coverage of all aspects of rights-theory, Professor Freeden would have been well advised to consult specialists in the psychology of "mass marketing", thus expanding his readership, through re-editing of certain very British anecdotal passages and cumbersome text.

On balance, Rights, a slightly too philosophical treatise, is well worth the time invested. There are assuredly eye-opening revelations in this book pertaining to many unrecognized limits imposed by Government on the rights of all contemporary Americans.