They may say, first, that it is important to distinguish between two questions:
(1) how is a given right defined? and (2) once defined, what sort of priority
does it have over other goals and values? Even if the answer to question (2) is
quite stringent—trumps, side-constraints, lexical priority, etc.—that is, even if
balancing is precluded at that stage, still the idea of a balance may enter into the
way we answer question (1). At the beginning of Section II, I said that liberty
could be a matter of more or less. For example, I am free to move around the
country but I am not free (unless invited) to come within touching distance of
the President; and I could be made a little less free than that by being required
to stand back, say, a hundred yards from the President. Where that boundary is
drawn—from a few feet to a hundred yards—is surely a matter that requires
consideration of consequences; it will be drawn differently in a republic with
hand guns than in a republic where the weapon of choice for assassination is the
They may say, first, that it is important to distinguish between two questions:(1) how is a given right defined? and (2) once defined, what sort of prioritydoes it have over other goals and values? Even if the answer to question (2) isquite stringent—trumps, side-constraints, lexical priority, etc.—that is, even ifbalancing is precluded at that stage, still the idea of a balance may enter into theway we answer question (1). At the beginning of Section II, I said that libertycould be a matter of more or less. For example, I am free to move around thecountry but I am not free (unless invited) to come within touching distance ofthe President; and I could be made a little less free than that by being requiredto stand back, say, a hundred yards from the President. Where that boundary isdrawn—from a few feet to a hundred yards—is surely a matter that requiresconsideration of consequences; it will be drawn differently in a republic withhand guns than in a republic where the weapon of choice for assassination is the
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