Comparing Traditions Through Policy Disagreements: What Each Theory Prioritizes

Capítulo 13

Estimated reading time: 12 minutes

+ Exercise

What this chapter does: compare traditions by watching them disagree

Instead of comparing liberalism, libertarianism, socialism, and republicanism in the abstract, this chapter uses a repeatable method: pick a policy dispute, identify what each tradition treats as the “primary political value,” and then test which laws follow from that value. The goal is not to memorize positions, but to practice justifying and criticizing laws using each tradition’s core priorities.

A systematic comparison framework (use this every time)

Work through the same four questions for each tradition and each policy area:

  • Rights: Which rights are treated as side-constraints (hard limits) and which are treated as goals to be balanced?
  • Liberty: What counts as a loss of freedom (interference, dependence, domination, deprivation)?
  • Equality: Is equality mainly equal legal status, equal opportunity, or equal social/economic standing?
  • Legitimacy: What makes coercive law acceptable (constitutional limits, consent/contract, democratic control, anti-arbitrary power)?

Quick “priority map” (not a summary of history, a tool for prediction)

TraditionRights emphasizedLiberty emphasisEquality emphasisLegitimacy emphasis
LiberalismBasic civil/political rights; fair terms of cooperationProtected choice within a rights frameworkEqual status + fair opportunity; some distributive concernConstitutional constraints + public justification
LibertarianismStrong property/self-ownership; robust freedom of contractNon-interference with person/propertyFormal equality before law; no patterned distributionMinimal state; coercion justified mainly to protect rights
SocialismSocial rights (housing, health, work security) alongside civil rightsFreedom as real capacity; freedom from economic dependenceSubstantive social/economic equality; anti-exploitationDemocratic control of key economic institutions
RepublicanismRights as protections against arbitrary powerNon-domination (not being subject to uncontrolled power)Civic equality (no one above another in power/status)Contestable, accountable institutions; checks on arbitrariness

How to apply the framework: a step-by-step method

  1. Name the proposed law precisely. Avoid vague labels. Write what the law requires, forbids, and who enforces it.
  2. Identify the policy area’s “standard justifications.” For example: harm prevention, fairness, public goods, rights protection, democratic control.
  3. Run the four-question test (rights/liberty/equality/legitimacy) for each tradition.
  4. Fill the matrix (principle, view of freedom, institution, objection).
  5. Stress-test with a hard case. Change one fact (e.g., emergency vs normal times; monopoly vs competitive market) and see whether the tradition’s answer changes.

Policy Area 1: Speech (platform regulation and political spending)

Case A: A law requiring large social media platforms to remove “harmful misinformation” within 24 hours, with fines for noncompliance

Assume the law defines “harmful misinformation” through an administrative agency and allows appeals after removal.

TraditionStated principleAssumed view of freedomPreferred institutionLikely objection from another tradition
LiberalismProtect free expression while preventing serious harm; rules must be viewpoint-neutral and procedurally fairFreedom as protected choice under rights + due processCourts + independent regulator with narrow, reviewable standardsRepublican: agency discretion risks arbitrary power; Libertarian: coerces private platforms and chills speech
LibertarianismPrivate property and contract: platforms set their own rules; state should not compel moderationFreedom as non-interference with owners/users’ voluntary arrangementsMarket competition; tort law for direct harms; minimal state courtsSocialist: private platforms are quasi-public power; leaving it to owners entrenches domination and misinformation harms
SocialismDemocratic control over major communication infrastructure; prevent manipulation that undermines collective self-ruleFreedom as real capacity for informed participation; freedom from corporate informational powerPublic/worker governance of platforms or strong democratic regulationLiberal: risks politicized censorship; Libertarian: violates property rights and enables state control of speech
RepublicanismPrevent domination by either state or private gatekeepers; ensure contestability and non-arbitrary rulesFreedom as non-domination (control over power that can silence)Transparent standards; appeal rights; independent oversight; anti-monopoly policyLibertarian: treats private moderation as domination; Liberal: may overemphasize structural power vs individual rights

Practice: justify or reject the law (guided prompts)

  • Liberal prompt: What procedural safeguards make the rule compatible with free speech (clear definitions, judicial review, narrow tailoring)? What harms count as sufficient?
  • Libertarian prompt: Is the law a form of compelled speech or compelled service? What alternative remedies exist without regulation?
  • Socialist prompt: Who controls the information environment now, and how does that affect democratic agency? Would public/worker governance be less arbitrary than state censorship?
  • Republican prompt: Does the agency’s discretion create arbitrary power? What contestation mechanisms (appeals, transparency, sunset clauses) reduce domination?

Case B: A ban on corporate political donations and strict caps on individual campaign spending

TraditionStated principleAssumed view of freedomPreferred institutionLikely objection from another tradition
LiberalismPolitical equality and fair democratic competition can justify limits; protect core political speechFreedom as protected political participation + fair opportunityElection commission + courts; public financing optionsLibertarian: spending is expression and property use; Socialist: caps insufficient without economic restructuring
LibertarianismIndividuals and firms may use resources to advocate; restrictions violate rights of association and propertyFreedom as non-interference in voluntary political expressionMinimal election rules; transparency rather than capsRepublican: wealth becomes dominating political power; Liberal: undermines equal citizenship
SocialismMoney in politics reflects class power; strong limits needed, plus democratization of the economyFreedom as collective self-rule not captured by wealthPublic financing; strong labor/civic organizations; limits on concentrated ownershipLiberal: risks overreach into civil liberties; Libertarian: treats economic inequality as irrelevant to rights
RepublicanismPrevent domination of public decisions by concentrated wealth; ensure contestable politicsFreedom as non-domination in the political sphereCaps + transparency + anti-corruption enforcement; anti-monopoly measuresLibertarian: equates regulation with domination; Socialist: still leaves private economic power intact

Policy Area 2: Welfare (cash transfers and work requirements)

Case: A guaranteed minimum income (GMI) funded by broad taxation, with no work requirement

TraditionStated principleAssumed view of freedomPreferred institutionLikely objection from another tradition
LiberalismSecure a social minimum compatible with equal citizenship; reduce unfair disadvantageFreedom as meaningful choice supported by basic resourcesTax-and-transfer state with rule-of-law constraintsLibertarian: taxation is coercive taking; Republican: dependency on administrators can be dominating if discretionary
LibertarianismGenerally reject redistributive taxation; if any aid, prefer voluntary charity or minimal safety net tied to rights violationsFreedom as non-interference with holdings and contractsPrivate charity; minimal public relief (if conceded) with strict limitsSocialist: leaves people exposed to market dependence; Liberal: ignores fair opportunity and social stability
SocialismSupport strong social provision; may prefer universal services and job guarantees over cash aloneFreedom as real capacity and reduced exploitation; independence from employer powerUniversal services; democratic planning in key sectors; strong labor institutionsLibertarian: coerces taxpayers; Republican: centralized welfare bureaucracy can be arbitrary without contestation
RepublicanismSupport anti-poverty measures that reduce vulnerability to domination; design must minimize discretionary controlFreedom as non-domination via independence from arbitrary employers/officialsEntitlement-style benefits, clear rules, appeal rights; local accountabilityLiberal: may underplay distributive depth; Socialist: may see it as insufficient without workplace democratization

Step-by-step: test whether a welfare policy creates domination

  1. Identify discretion points: eligibility interviews, sanctions, caseworker judgments.
  2. Ask who can threaten whom: employer over worker, official over recipient, landlord over tenant.
  3. Check contestability: clear criteria, written reasons, rapid appeals, independent review.
  4. Compare alternatives: unconditional cash vs conditional aid vs universal services; which reduces vulnerability most?

Policy Area 3: Property (housing and land use)

Case: A citywide rent cap and “just-cause” eviction law

TraditionStated principleAssumed view of freedomPreferred institutionLikely objection from another tradition
LiberalismBalance property rights with fair access to basic goods; prevent severe hardship and instabilityFreedom as secure life-plans within a regulated marketLegislature sets general rules; courts enforce due process; targeted subsidiesLibertarian: violates owners’ rights and distorts markets; Socialist: treats housing as commodity rather than social right
LibertarianismOwners may set rents and eviction terms; state interference violates property and contractFreedom as non-interference with holdings and agreementsPrivate contracting; competition; limited fraud/coercion enforcementRepublican: landlord power can be dominating; Liberal: ignores unequal bargaining power and homelessness risk
SocialismHousing should be decommodified; rent caps may be a stopgap but prefer social/public housing and tenant controlFreedom as independence from landlord class powerPublic housing expansion; cooperative ownership; democratic planningLiberal: worries about efficiency and pluralism; Libertarian: rejects collective control as coercive
RepublicanismReduce domination in landlord-tenant relations; ensure tenants can contest eviction and rent hikesFreedom as non-domination through security and contestabilityJust-cause rules; tenant unions; transparent tribunals; anti-monopoly land policyLibertarian: treats market power as domination; Socialist: says it doesn’t remove underlying property hierarchy

Application drill: write two arguments for and two against

Pick one tradition and produce:

  • Two pro-law arguments that cite its priority (e.g., “non-domination,” “property,” “equal citizenship,” “anti-exploitation”).
  • Two anti-law arguments from a different tradition’s likely objection column.

Policy Area 4: Criminal justice (policing, punishment, and surveillance)

Case: A law authorizing predictive policing software and expanded stop-and-search powers in “high-risk” areas

TraditionStated principleAssumed view of freedomPreferred institutionLikely objection from another tradition
LiberalismSecurity is a public good but must respect rights, equality before law, and due processFreedom as protected civil liberties against state intrusionWarrants, judicial oversight, strict evidentiary standards, anti-discrimination enforcementRepublican: even “legal” discretion can be arbitrary domination; Socialist: policing targets marginalized groups shaped by inequality
LibertarianismStrong limits on police power; surveillance and stops violate individual rights absent individualized suspicionFreedom as non-interference by the stateCourts enforcing strict constraints; liability for rights violations; minimal policing scopeLiberal: may underprovide collective security; Republican: focuses on interference but not structural domination (e.g., private security power)
SocialismExpanded policing often manages social problems created by inequality; prioritize social investment and community controlFreedom as safety plus material security; freedom from coercive control of marginalized communitiesDemocratic oversight of police; social services; restorative approachesLibertarian: worries about politicized “community control”; Liberal: insists on neutral rule-of-law rather than class analysis
RepublicanismStop-and-search discretion is a paradigm of arbitrary power; require contestable, accountable enforcementFreedom as non-domination by officials with uncontrolled discretionClear rules, transparency, independent complaints bodies, limits on discretion, civic oversightLiberal: may accept some discretion for effectiveness; Libertarian: agrees on limits but frames it as rights, not domination

Step-by-step: evaluate a criminal justice policy for arbitrariness

  1. Locate discretion: who decides whom to stop, search, flag, or surveil?
  2. Demand reasons: are reasons recorded and reviewable?
  3. Check equality: does the policy predictably burden certain groups without adequate justification?
  4. Build contestation: complaint mechanisms, audits, exclusionary rules, and remedies.

Policy Area 5: Public health (vaccination and emergency powers)

Case: A vaccine mandate for access to schools and certain workplaces, with medical exemptions and fines for noncompliance

TraditionStated principleAssumed view of freedomPreferred institutionLikely objection from another tradition
LiberalismProtect basic liberties while preventing serious harm to others; ensure proportionality and equal treatmentFreedom as rights-protected choice constrained by harm preventionLegislative authorization; public health agencies bound by clear rules; judicial reviewLibertarian: bodily autonomy and forced medical intervention; Republican: emergency powers risk arbitrary rule if not contestable
LibertarianismStrong presumption against mandates; prefer voluntary vaccination and private requirements by employers/schoolsFreedom as non-interference with bodily and property rightsPrivate ordering; information transparency; liability for direct harmLiberal: ignores externalities and collective risk; Socialist: leaves vulnerable workers exposed to employer pressure and unequal risk
SocialismSupport collective measures to protect health, paired with universal access and worker protections; distrust profit-driven health systemsFreedom as real security and equal protection from diseaseUniversal public health provision; workplace democracy; strong safety regulationLibertarian: sees coercion; Republican: worries about centralized administrative discretion without accountability
RepublicanismMay accept mandates if they are non-arbitrary: publicly justified, time-limited, contestable, and evenly appliedFreedom as non-domination: no unchecked emergency authoritySunset clauses; legislative renewal; transparent metrics; accessible exemptions reviewLibertarian: any mandate is domination; Liberal: may accept broader agency discretion if evidence-based

Mini-lab: redesign the mandate to satisfy a different tradition

Start with the same mandate and modify it to better fit each tradition’s priorities:

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  • To make it more liberal: tighten proportionality, add due process for exemptions, ensure equal access to vaccines.
  • To make it more libertarian: replace state mandate with private venue rules, opt-out options, and liability/insurance mechanisms.
  • To make it more socialist: pair with paid leave, universal healthcare access, workplace safety enforcement, and protections against employer retaliation.
  • To make it more republican: add sunset clauses, transparent thresholds, appealable decisions, and independent oversight of emergency powers.

Cross-case comparison: where they converge and where they split

Convergence patterns you can predict

Policy pressureLikely convergenceWhy
Unchecked discretion by officialsLiberal + Libertarian + RepublicanAll resist broad, unreviewable state power (rights, non-interference, non-domination)
Concentrated private power (monopoly platforms, landlord leverage)Socialist + Republican (often), sometimes LiberalFocus on domination/exploitation and unequal bargaining power
Procedural safeguards (appeals, transparency)Liberal + RepublicanLegitimacy depends on public justification and contestability
Strong property constraintsLibertarian (strongest), sometimes Liberal (limited)Property as core right vs one value among others

Recurring fault lines

  • Is economic dependence a freedom problem? Socialism and republicanism tend to say yes; libertarianism tends to say no; liberalism often says “sometimes, when it undermines equal citizenship or fair opportunity.”
  • Is the main threat the state or private power? Libertarianism prioritizes state coercion; socialism prioritizes private economic power; liberalism and republicanism treat both as threats but diagnose them differently.
  • Are rights absolute constraints or balanceable? Libertarianism treats some rights (especially property) as near-absolute; liberalism balances within a rights framework; socialism and republicanism emphasize structural conditions and institutional design.

Capstone exercise: one policy, four justifications, four objections

Choose one law and complete the full matrix yourself

Select one of the following laws (or use one from your own country):

  • National ban on non-compete clauses in employment contracts
  • Mandatory body cameras for police with strict limits on access and retention
  • Tax on vacant housing units in high-demand cities
  • Requirement that large employers provide paid sick leave

Template you must fill (copy and write into your notes)

LAW (one sentence): ________________________________  ENFORCER: ____________________  PENALTY: ____________________  AFFECTED GROUPS: ____________________  Liberalism: principle: ____________________  freedom view: ____________________  institution: ____________________  objection (from another tradition): ____________________  Libertarianism: principle: ____________________  freedom view: ____________________  institution: ____________________  objection (from another tradition): ____________________  Socialism: principle: ____________________  freedom view: ____________________  institution: ____________________  objection (from another tradition): ____________________  Republicanism: principle: ____________________  freedom view: ____________________  institution: ____________________  objection (from another tradition): ____________________

Scoring rubric (self-check)

  • Specificity: Did you describe the law’s mechanism (not just its goal)?
  • Fidelity: Does each justification actually follow from that tradition’s priorities?
  • Institutional fit: Did you name the institution each tradition would trust (markets, courts, democratic control, oversight bodies)?
  • Steelman objection: Is the objection strong enough that a supporter would need to answer it?

Now answer the exercise about the content:

When evaluating whether expanded stop-and-search powers create arbitrary domination, which design feature best fits a republican approach to legitimacy?

You are right! Congratulations, now go to the next page

You missed! Try again.

Republicanism treats freedom as non-domination, so it targets unchecked discretion. Clear rules, recorded reasons, and independent oversight make power contestable and reduce arbitrary enforcement.

Next chapter

Building and Evaluating Normative Arguments About Laws and Institutions

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