Liberty

Liberty: A Journey Through Time and Thought

What is liberty, really? Is it just the absence of oppression or a complex web of rights and freedoms? These questions have puzzled philosophers, lawmakers, and citizens for centuries. Liberty, derived from the Latin word ‘liber,’ means freedom from oppressive restrictions imposed by authority on one’s way of life, behavior, or political views.

The Concept of Ordered Liberty

In constitutional law, ordered liberty is about creating a balanced society where individuals have the freedom to act without unnecessary interference and access to opportunities and resources. This concept ensures that while people are free, they also respect each other’s rights and freedoms.

Differentiating Liberty from Freedom

Liberty is often used to mean the absence of arbitrary restraints, taking into account the rights of all involved. It entails responsible use of freedom under the rule of law without depriving anyone else of their freedom. This distinction highlights that liberty isn’t just about doing what one wants but also about acting in a way that respects others.

Philosophical Perspectives on Liberty

The concept of liberty has been pondered by philosophers since ancient times. Roman Emperor Marcus Aurelius wrote about a polity that respected freedom of speech and equal rights, while Thomas Hobbes defined liberty as being free to do what one wants without hindrance. John Locke rejected this definition and argued that liberty consists of being free from any superior power on Earth.

John Stuart Mill recognized the difference between liberty as the freedom to act and liberty as the absence of coercion. He framed two concepts: negative liberty, which refers to protection from tyranny and arbitrary authority; and positive liberty, which refers to self-mastery and freedom from inner compulsions.

The Evolution of Political Liberty

The modern concept of political liberty has its roots in ancient Greek ideas. Aristotle linked liberty with democracy, noting that free men should live as they like. However, this freedom only applied to men in ancient Athens, where women had limited rights and were dependent on male relatives.

Other empires also granted some freedoms. The Persian Empire, for instance, granted same rights for citizens of all religions and ethnic groups and abolished slavery. In the Maurya Empire of ancient India, similar rights and equality existed. Roman law granted limited liberties to Roman citizens but only in certain periods.

Key Milestones in Liberty

The journey towards modern conceptions of liberty is marked by significant events such as the 1215 Magna Carta, which established that even kings were subject to the law. The Petition of Right (1628) and the Habeas Corpus Act (1679) further protected individual liberties, while the Bill of Rights (1689) granted freedom of speech.

The United States Declaration of Independence (1776) states that all men are created equal and have unalienable rights to life, liberty, and the pursuit of happiness. However, the Dred Scott decision (1857) upheld slavery, highlighting the contradictions in American society.

The Universal Declaration of Human Rights (1948) was a landmark document that recognized the inherent dignity and worth of every person. It laid down the foundation for global human rights standards.

Libertarianism: A Modern Perspective

Libertarians disagree on what constitutes economic and individual freedom best. The Tea Party movement sees ‘big government’ as an enemy of freedom, while other major participants in the modern American libertarian movement include the Libertarian Party, the Free State Project, and the Mises Institute.

Liberals: Tolerance and Freedom

Liberals believe in preserving individual rights and maximizing freedom of choice. However, they disagree on how to achieve these goals. The core belief is toleration, which allows individuals to have freedom in exchange for having it themselves. This idea of freedom is personal rather than political.

Republican Libertarians: Non-Domination

Republican libertarians view liberty as non-domination, meaning not being subject to another’s arbitrary will. They believe that one should be a member of a free self-governing civil association, such as a republic, to enjoy individual liberty.

Socialists: Freedom and Creativity

For socialists, freedom is a concrete situation requiring both material economic conditions and social relationships conducive to freedom. Socialism is closely related to the concept of creativity and individuality, particularly in relation to alienated labor. For Karl Marx, meaningful freedom is attainable in a communist society with superabundance and free access, which would eliminate alienated labor and enable individuals to pursue their own creative interests.

Anarchists: Equal Liberty for All

Anarchists oppose authority, including the state and capitalism. They view liberty as a concrete reality based on equal liberty for others. For Mikhail Bakunin, liberty consists of ‘the fullest development of all faculties and powers’ in society.

Historical Writings on Liberty

The historical writings on liberty include works by philosophers such as John Locke, Frédéric Bastiat, John Stuart Mill, and James Fitzjames Stephen. These thinkers have shaped our understanding of what it means to be free in a society.

Conclusion: The Quest for Liberty

The quest for liberty is ongoing, with different perspectives and movements striving to define and achieve freedom. Whether through the rule of law, personal choice, or self-governance, the pursuit of liberty remains a fundamental human endeavor.