Individual liberty in the context of "Freedom of expression"

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⭐ Core Definition: Individual 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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Individual liberty in the context of Age of Enlightenment

The Age of Enlightenment (also the Age of Reason) was a period in the history of Europe and Western civilization during which the Enlightenment, an intellectual and cultural movement, flourished, emerging in the late 17th century in Western Europe and reaching its peak in the 18th century, as its ideas spread more widely across Europe and into the European colonies, in the Americas and Oceania. Characterized by an emphasis on reason, empirical evidence, and scientific method, the Enlightenment promoted ideals of individual liberty, religious tolerance, progress, and natural rights. Its thinkers advocated for constitutional government, the separation of church and state, and the application of rational principles to social and political reform.

The Enlightenment emerged from and built upon the Scientific Revolution of the 16th and 17th centuries, which had established new methods of empirical inquiry through the work of figures such as Galileo Galilei, Johannes Kepler, Francis Bacon, Pierre Gassendi, Christiaan Huygens and Isaac Newton. Philosophical foundations were laid by thinkers including René Descartes, Thomas Hobbes, Baruch Spinoza, and John Locke, whose ideas about reason, natural rights, and empirical knowledge became central to Enlightenment thought. The dating of the period of the beginning of the Enlightenment can be attributed to the publication of Descartes' Discourse on the Method in 1637, with his method of systematically disbelieving everything unless there was a well-founded reason for accepting it, and featuring his dictum, Cogito, ergo sum ('I think, therefore I am'). Others cite the publication of Newton's Principia Mathematica (1687) as the culmination of the Scientific Revolution and the beginning of the Enlightenment. European historians traditionally dated its beginning with the death of Louis XIV of France in 1715 and its end with the outbreak of the French Revolution in 1789. Many historians now date the end of the Enlightenment as the start of the 19th century, with the latest proposed year being the death of Immanuel Kant in 1804.

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Individual liberty in the context of Habeas corpus

Habeas corpus (/ˈhbiəs ˈkɔːrpəs/ ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. The right to petition for a writ of habeas corpus has long been celebrated as a fundamental safeguard of individual liberty.

Habeas corpus is generally enforced via writ, and accordingly referred to as a writ of habeas corpus. The writ of habeas corpus is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention.At common law the burden was usually on the official to prove that a detention was authorized.

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