
On Liberalism: In Defense of Freedom
“If government is to respect people's autonomy, or to treat them with dignity, it should not deprive them of freedom. It should treat them as adults, rather than children or infants.”
― Cass R. Sunstein
Legal scholar Cass R. Sunstein provides a constructive, "big-tent" defense of the liberal tradition against growing nationalist and populist criticisms in On Liberalism: In Defense of Freedom. Building on his training in behavioral economics and his essay "Why I Am a Liberal" from 2023, Sunstein presents liberalism as a dynamic framework intended to maximize human freedom and individual flourish.
Sunstein begins by listing dozens of essential tenets that characterize a liberal commitment, including institutional pluralism, social protections, and negative rights. Sunstein contends that allowing people to experiment with different lifestyles is the ultimate goal of liberalism, drawing heavily from John Stuart Mill. He asserts that in order for people to truly exercise their right to choose, the state must support certain conditions (such as nudge theory, social safety nets, and regulation).
The book's central theoretical argument pits Friedrich Hayek's market-based, spontaneous order against John Stuart Mill's progressive, experimental vision. Regretfully, Sunstein favors active institutional mechanisms over state models that are strictly non-interventional.
Sunstein presents a proactive, upbeat vision for contemporary governance rather than just responding to illiberalism. He makes a convincing case for practical reform by fusing political philosophy, constitutional law, and behavioral insights.
Unfortunately, Sunstein's definition of liberalism is too broad to produce a clear political program due to his attempt to accommodate positive rights and extensive regulatory interventions. As a classical liberal, I thought Sunstein's criticism of Hayek was a little unresolved because he underestimated how government interventions and special-interest capture can skew free choices.Despite his shortcomings, Sunstein offers readers who want to comprehend how progressive liberalism tries to balance individual liberty with governmental action an interesting and relevant manifesto.
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