Liberty


Within the framework of constitutional law, particularly in the United States, liberty isn't simply the absence of constraints but a more nuanced concept called 'ordered liberty.' This encompasses both negative liberty – freedom *from* interference – and positive liberty – access to the resources needed to pursue one's goals, all operating within a just legal system.

⭐ In the context of Constitutional law, liberty is considered…


⭐ Core Definition: Liberty

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference (negative liberty) and access to opportunities and resources to pursue their goals (positive liberty), all within a fair legal system.

Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Liberty can be taken away as a form of punishment. In many countries, people can be deprived of their liberty if they are convicted of criminal acts.

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In the context of Constitutional law, liberty is considered…
HINT: Ordered liberty, as defined within constitutional law, acknowledges that true liberty requires not only the absence of oppressive restrictions but also the provision of opportunities and resources, all while upholding a fair legal system.

In this Dossier

Liberty in the context of Democracy

Democracy (from Ancient Greek: δημοκρατία, romanizeddēmokratía, from dēmos 'people' and krátos 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections.

In a direct democracy, the people have the direct authority to deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy often include freedom of assembly, association, personal property, freedom of religion and speech, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights.

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Liberty in the context of Political philosophy

Political philosophy studies the theoretical and conceptual foundations of politics. It examines the nature, scope, and legitimacy of political institutions, such as states. The field investigates different forms of government, ranging from democracy to authoritarianism, and the values guiding political action, like justice, equality, and liberty. As a normative field, political philosophy focuses on desirable norms and values, in contrast to political science, which emphasizes empirical description.

Political ideologies are systems of ideas and principles that outline how society should work. Anarchism rejects the coercive power of centralized governments. It proposes a stateless society to promote liberty and equality. Conservatism seeks to preserve traditional institutions and practices. It is skeptical of the human ability to radically reform society, arguing that drastic changes can destroy the wisdom of past generations. Liberals advocate for individual rights and liberties, the rule of law, private property, and tolerance. They believe that governments should protect these values to enable individuals to pursue personal goals without external interference. Socialism emphasizes collective ownership and equal distribution of basic goods. It seeks to overcome sources of inequality, including private ownership of the means of production, class systems, and hereditary privileges. Other strands of political philosophy include environmentalism, realism, idealism, consequentialism, perfectionism, nationalism, individualism, and communitarianism.

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Liberty in the context of Classical republic

Classical republicanism, also known as civic republicanism or civic humanism, is a form of republicanism developed in the Renaissance inspired by the governmental forms and writings of classical antiquity, especially such classical writers as Aristotle, Polybius, and Cicero. Classical republicanism is built around concepts such as liberty as non-domination, self-government, rule of law, property-based personality, anti-corruption, abolition of monarchy, civics, civil society, common good, civic virtue, civic participation, popular sovereignty, patriotism and mixed government.

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Liberty in the context of John Stuart Mill

John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, politician and civil servant. One of the most influential thinkers in the history of liberalism and social liberalism, he contributed widely to social theory, political theory, and political economy. Dubbed "the most influential English-speaking philosopher of the nineteenth century" by the Stanford Encyclopedia of Philosophy, he conceived of liberty as justifying the freedom of the individual in opposition to unlimited state and social control. He advocated political and social reforms such as proportional representation, the emancipation of women, and the development of labour organisations and farm cooperatives.

The Columbia Encyclopedia describes Mill as occasionally coming "close to socialism, a theory repugnant to his predecessors". He was a proponent of utilitarianism, an ethical theory developed by his predecessor Jeremy Bentham. He contributed to the investigation of scientific methodology, though his knowledge of the topic was based on the writings of others, notably William Whewell, John Herschel, and Auguste Comte, and research carried out for Mill by Alexander Bain. He engaged in written debate with Whewell.

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Liberty in the context of Liberalism

Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law. Liberals espouse various and sometimes conflicting views depending on their understanding of these principles but generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.

Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity among Western philosophers and economists. Liberalism sought to replace the norms of hereditary privilege, state religion, absolute monarchy, the divine right of kings and traditional conservatism with representative democracy, rule of law, and equality under the law. Liberals also ended mercantilist policies, royal monopolies, and other trade barriers, instead promoting free trade and marketization. The philosopher John Locke is often credited with founding liberalism as a distinct tradition based on the social contract, arguing that each man has a natural right to life, liberty and property, and governments must not violate these rights. While the British liberal tradition emphasized expanding democracy, French liberalism emphasized rejecting authoritarianism and is linked to nation-building.

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Liberty in the context of Freedom

Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws".

In one definition, something is "free" if it can change and is not constrained in its present state. Physicists and chemists use the word in this sense. In its origin, the English word "freedom" relates etymologically to the word "friend". Philosophy and religion sometimes associate it with free will, as an alternative to determinism or predestination.

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Liberty in the context of Radical democracy

Radical democracy is a type of democracy that advocates the radical extension of equality and liberty. Radical democracy is concerned with a radical extension of equality and freedom, following the idea that democracy is an unfinished, inclusive, continuous and reflexive process.

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Liberty in the context of Cato the Younger

Marcus Porcius Cato Uticensis ("of Utica"; /ˈkt/, KAY-toe; 95 BC – April 46 BC), also known as Cato the Younger (Latin: Cato Minor), was an influential conservative Roman senator during the late Republic. A staunch advocate for liberty and the preservation of the Republic’s principles, he dedicated himself to protecting the traditional Roman values he believed were in decline. A noted orator and a follower of Stoicism, his scrupulous honesty and professed respect for tradition gave him a political following which he mobilised against powerful generals of his day, including Julius Caesar and Pompey.

Before Caesar's civil war, Cato served in a number of political offices. During his urban quaestorship in 63 BC, he was praised for his honesty and incorruptibility in running Rome's finances. He passed laws during his plebeian tribunate in 62 BC to expand the grain dole and force generals to give up their armies and commands before standing in elections. He also frustrated Pompey's ambitions by opposing a bill brought by Pompey's allies to transfer the military command to Pompey against the Catilinarian conspirators. He opposed, with varying success, Caesar's legislative programme during Caesar's first consulship in 59 BC. Leaving for Cyprus the next year, he was praised for his honest administration and after his return was elected as praetor for 54 BC.

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Liberty in the context of Police state

A police state is a state whose government institutions exercise an extreme level of control over civil society and liberties. There is typically little to no distinction between the law and the exercise of political power by the executive, and the deployment of internal security and police forces play a heightened role in governance. A police state is a characteristic of authoritarian, totalitarian or illiberal regimes (contrary to a liberal democratic regime). Such governments are not exclusive to simply one-party states or dominant-party states, as they can also arise in a democracy or multi-party system.

Originally, a police state was a state regulated by a civil administration, but since the beginning of the 20th century it has "taken on an emotional and derogatory meaning" by describing an undesirable state of living characterized by the overbearing presence of civil authorities. The inhabitants of a police state may experience restrictions on their mobility, or on their freedom to express or communicate political or other views, which are subject to police monitoring or enforcement. Political control may be exerted by means of a secret police force that operates outside the boundaries normally imposed by a constitutional state. Robert von Mohl, who first introduced the rule of law to German jurisprudence, contrasted the Rechtsstaat ("legal" or "constitutional" state) with the anti-aristocratic Polizeistaat ("police state").

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Liberty in the context of Personal security

Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world.

In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as habeas corpus. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights.

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Liberty in the context of Small-government

Libertarian conservatism, also referred to as conservative libertarianism and, more rarely, conservatarianism, is a libertarian political and social philosophy that combines conservatism and libertarianism, representing the libertarian wing of conservatism and vice versa.

Libertarian conservatism advocates the greatest possible economic liberty and the least possible government regulation of social life (described as "small government"), mirroring laissez-faire classical liberalism, but harnesses this to a belief in a more socially conservative philosophy emphasizing authority, morality, and duty. Primarily an American ideology, libertarian conservatism prioritizes liberty, promoting free expression, freedom of choice and free-market capitalism to achieve conservative ends while rejecting liberal social engineering.

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Liberty in the context of On Liberty

On Liberty is an essay published in 1859 by the English philosopher John Stuart Mill. It applied Mill's ethical system of utilitarianism to society and state. Mill suggested standards for the relationship between authority and liberty. He emphasized the importance of individuality, which he considered a prerequisite to the higher pleasures—the summum bonum of utilitarianism. Furthermore, Mill asserted that democratic ideals may result in the tyranny of the majority. Among the standards proposed are Mill's three basic liberties of individuals, his three legitimate objections to government intervention, and his two maxims regarding the relationship of the individual to society.

On Liberty was a greatly influential and well-received work. Some classical liberals and libertarians have criticized it for its apparent discontinuity with Utilitarianism, and vagueness in defining the arena within which individuals can contest government infringements on their personal freedom of action. The ideas presented in On Liberty have remained the basis of much political thought. It has remained in print since its initial publication. A copy of On Liberty is passed to the president of the British Liberal Democrats as a symbol of office.

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Liberty in the context of The Road to Serfdom

The Road to Serfdom is a book by the Austrian-British economist and philosopher Friedrich Hayek. In the book, Hayek "[warns] of the danger of tyranny that inevitably results from government control of economic decision-making through central planning." He further argues that the abandonment of individualism and classical liberalism inevitably leads to a loss of freedom, the creation of an oppressive society, the tyranny of a dictator, and the serfdom of the individual. Hayek challenged the view, popular among British Marxists, that fascism (including Nazism) was a capitalist reaction against socialism. He argued that fascism, Nazism, and state-socialism had common roots in central economic planning and empowering the state over the individual.

Since its publication in 1944, The Road to Serfdom has been popular among liberal (especially classical liberal) and conservative thinkers. It has been translated into more than 20 languages and sold over two million copies (as of 2010). The book was first published in Britain by Routledge in March 1944, during World War II, and was quite popular, leading Hayek to call it "that unobtainable book", also due in part to wartime paper rationing. It was published in the United States by the University of Chicago Press in September 1944 and achieved great popularity. At the arrangement of editor Max Eastman, the American magazine Reader's Digest published an abridged version in April 1945, enabling The Road to Serfdom to reach a wider non-academic audience.

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Liberty in the context of Liberty (personification)

The concept of liberty has frequently been represented by personifications, often loosely shown as a female classical goddess. Examples include Marianne, the national personification of the French Republic and its values of Liberté, Égalité, Fraternité, and the female Liberty portrayed in artworks, on United States coins beginning in 1793, and many other depictions. These descend from images on ancient Roman coins of the Roman goddess Libertas and from various developments from the Renaissance onwards. The Dutch Maiden was among the first, re-introducing the cap of liberty on a liberty pole featured in many types of image, though not using the Phrygian cap style that became conventional. The 1886 Statue of Liberty (Liberty Enlightening the World) by Frédéric Auguste Bartholdi is a well-known example in art, a gift from France to the United States.

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