Fried Falls Short in Freedom Folio

Beneficial Professor of Law Charles Fried aims high in his new book, “Modern Liberty and the Limits of Government.” Early on in this discussion of liberty in the modern era, he stakes his claim “to do for our time and liberal democratic societies what Friedrich Hayek did some sixty years ago in The Road to Serfdom.”

Does he reach his goal? Is “Modern Liberty” a profound political tract, one that is likely to gladden some and infuriate many? Does he deliver a novel critique of today’s society, one as fresh as Hayek’s claim that the loss of economic liberty is the first step toward fascism?

Not even close.

Fried delivers a strong discussion of contemporary liberty, sharing his ample knowledge of public policy and giving the reader a breathtakingly nuanced review of an often elusive concept.

But he spends far too long discussing liberty in a vacuum before bringing in the real world. While his review of the philosophical tradition is enlightening—and even well-versed readers will learn much—he fails to provide major new insights. He marshals the thoughts of great philosophers convincingly, but he relies on them too extensively to make his own case.

And this is sad, for when Fried’s own thoughts break through, he has a knack for stating things as pithily as possible.

What characterizes liberty, he asks? “Individuals come first,” he writes. What is the enemy of liberty? “Some vision of good.”

The book becomes far more enjoyable when Fried starts to discuss our modern government, drawing on his years of government experience, first as solicitor general and later as a justice on the Massachusetts Supreme Judicial Court.

His thoughts on liberty of the mind, especially on the First Amendment, are excellent food for thought in this time of political demagoguery. Likewise, his treatment of sexual liberty is wonderfully balanced—he challenges the most basic assumptions held by dogmatic liberals and conservatives alike. It is worth noting, however, that Fried does this by relying on a tried-and-true formula: he quickly tacks to the libertarian position and proceeds to flagellate the moralists on both sides.

In the end, readers looking for a slim, thought-provoking volume on political liberty and contemporary governance, “Modern Liberty” is a good choice.

But those seeking the originality and insight of “The Road to Serfdom” are likely to be disappointed. Fried’s biggest mistake is an all-too-simple one—he sets the bar too high.

—Reviewer Paras D. Bhayani can be reached at pbhayani@fas.harvard.edu.