Negative liberty in the context of "Jeremy Bentham"

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.

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.

Positive liberty, or positive freedom, is the possession of the power and resources to act in the context of the structural limitations of the broader society which impacts a person's ability to act, as opposed to negative liberty, which is freedom from external restraint on one's actions.

The concepts of structure and agency are central to the concept of positive liberty because in order to be free, a person should be free from inhibitions of the social structure in carrying out their ambitions. Structurally, classism, sexism, ageism, ableism and racism can inhibit a person's freedom. As positive liberty is primarily concerned with the possession of sociological agency, it is enhanced by the ability of citizens to participate in government and have their voices, interests, and concerns recognized and acted upon.

Political freedom, also called political autonomy or political agency, is a central concept in history and political thought and one of the most important features of democratic societies. Political freedom has been described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion in society, such as economic compulsion.

Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech such as social conformity, consistency, or inauthentic behaviour. The concept of political freedom is closely connected with the concepts of civil liberties and human rights, which in democratic societies are usually afforded legal protection from the state.

"Two Concepts of Liberty" was the inaugural lecture delivered by the liberal philosopher Isaiah Berlin before the University of Oxford on 31 October 1958. It was subsequently published as a 57-page pamphlet by Oxford at the Clarendon Press. It also appears in the collection of Berlin's papers entitled Four Essays on Liberty (1969) and was reissued in a collection entitled Liberty: Incorporating Four Essays on Liberty (2002).

The essay, with its analytical approach to the definition of political concepts, re-introduced the study of political philosophy to the methods of analytic philosophy. It is also one of Berlin's first expressions of his ethical ontology of value-pluralism. Berlin defined negative liberty (as the term "liberty" was used by Thomas Hobbes) as the absence of coercion or interference with agents' possible private actions, by an exterior social body. He also defined it as a comparatively recent political ideal, which re-emerged in the late 17th century, after its slow and inarticulate birth in the ancient doctrines of Antiphon the Sophist, the Cyrenaic discipleship, and of Otanes after the death of pseudo-Smerdis. In an introduction to the essay, Berlin writes: