Civil liberty in the context of "Bodily integrity"

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⭐ Core Definition: Civil liberty

Civil liberties are fundamental rights and freedoms that governments pledge not to restrict, either through constitutions, legislation, or judicial interpretation, without due process of law. Although the scope of civil liberties differs between countries, they often include the freedom of conscience, freedom of the press, freedom of religion, freedom of expression, freedom of assembly, personal security, personal liberty, freedom of speech, right to privacy, equality before the law, due process of law, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Libertarians advocate for the negative liberty aspect of civil liberties, emphasizing minimal government intervention in both personal and economic affairs. Influential advocates of this interpretation include John Stuart Mill, whose work On Liberty argues for the protection of individual freedoms from government encroachment, and Friedrich Hayek, whose The Road to Serfdom warns against the dangers of expanding state power. Ayn Rand's Atlas Shrugged and Ron Paul's The Revolution: A Manifesto further emphasize the importance of safeguarding personal autonomy and limiting government authority. These contributions have played a significant role in shaping the discourse on civil liberties and the appropriate scope of government.

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Civil liberty in the context of Modern liberalism in the United States

Modern liberalism, often referred to simply as liberalism, is the dominant ideological variant of liberalism in the United States. It is most synonymous with the ideology of social liberalism, which is a variant of liberalism that moves beyond classical liberalism to account for poverty, seeking a balance between civil liberty and social equality via a social safety net. U.S. modern liberalism also takes inspiration from cultural liberalism and progressivism, and some (but not all) modern liberals explicitly identify with the contemporary U.S. progressive movement. Writing in 1993, American academic writer Ian Adams argued all major U.S. parties up to that point were "liberal and always have been. Essentially they espouse classical liberalism, that is a form of democratized Whig constitutionalism plus the free market. The point of difference comes with the influence of social liberalism."

Economically, modern liberalism accepts a role for government to protect against market failures, protect competition and prevent corporate monopolies, and supports labor rights. Its fiscal policy supports sufficient funding for a social safety net, while simultaneously promoting income-proportional tax reform policies to reduce deficits. It calls for active government involvement in other social and economic matters such as reducing economic inequality, expanding access to education and healthcare, and protection of the shared natural environment, in large part on the contention that advances in those areas create a thriving economy in the long run. Modern liberalism was formed in the 20th century in response to the Great Depression. Major examples of modern liberal policy programs include the New Deal, the Fair Deal, the New Frontier, the Great Society, the Affordable Care Act, and the Build Back Better Plan.

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Civil liberty in the context of Fundamental rights in India

The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the least essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the fundamental rights are violated, the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights can also result in punishments as prescribed in the Bharatiya Nyaya Sanhita, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life. These rights apply universally to all citizens of India, irrespective of their race, place of birth, religion, caste or gender. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.

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