Liberty
Broadly speaking, liberty is the ability to do as one pleases. It is a synonym for the word freedom. In modern politics, liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behaviour, or political views. In philosophy, liberty involves free will as contrasted with determinism. In theology, liberty is freedom from the effects of "sin, spiritual servitude, worldly ties".
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. Freedom is more broad in that it represents a total lack of restraint or the unrestrained ability to fulfill one's desires. For example, a person can have the freedom to murder, but not have the liberty to murder, as the latter example deprives others of their right not to be harmed. 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.
The word "liberty" is often used in slogans, such as "life, liberty, and the pursuit of happiness" or "Liberty, Equality, Fraternity".
Liberty originates from the Latin word libertas, derived from the name of the goddess Libertas, who, along with the Goddess of Liberty, usually portrays the concept, and the archaic Roman god Liber.
Philosophy
Philosophers from earliest times have considered the question of liberty. Roman Emperor Marcus Aurelius wrote:According to Thomas Hobbes :
John Locke rejected that definition of liberty. While not specifically mentioning Hobbes, he attacks Sir Robert Filmer who had the same definition. According to Locke:
John Stuart Mill, in his work, On Liberty, was the first to recognize the difference between liberty as the freedom to act and liberty as the absence of coercion.
In his book Two Concepts of Liberty, Isaiah Berlin formally framed the differences between two perspectives as the distinction between two opposite concepts of liberty: positive liberty and negative liberty. The latter designates a negative condition in which an individual is protected from tyranny and the arbitrary exercise of authority, while the former refers to the liberty that comes from self-mastery, the freedom from inner compulsions such as weakness and fear.
Politics
History
The modern concept of political liberty has its origins in the Greek concepts of freedom and slavery. To be free, to the Greeks, was not to have a master, to be independent from a master. That was the original Greek concept of freedom. It is closely linked with the concept of democracy, as Aristotle put it:This applied only to free men. In Athens, for instance, women could not vote or hold office and were legally and socially dependent on a male relative.
The populations of the Persian Empire enjoyed some degree of freedom. Citizens of all religions and ethnic groups were given the same rights and had the same freedom of religion, women had the same rights as men, and slavery was abolished. All the palaces of the kings of Persia were built by paid workers in an era when slaves typically did such work.
In the Maurya Empire of ancient India, citizens of all religions and ethnic groups had some rights to freedom, tolerance, and equality. The need for tolerance on an egalitarian basis can be found in the Edicts of Ashoka the Great, which emphasize the importance of tolerance in public policy by the government. The slaughter or capture of prisoners of war also appears to have been condemned by Ashoka. Slavery also appears to have been non-existent in the Maurya Empire. However, according to Hermann Kulke and Dietmar Rothermund, "Ashoka's orders seem to have been resisted right from the beginning."
Roman law also embraced certain limited forms of liberty, even under the rule of the Roman Emperors. However, these liberties were accorded only to Roman citizens. Many of the liberties enjoyed under Roman law endured through the Middle Ages, but were enjoyed solely by the nobility, rarely by the common man. The idea of inalienable and universal liberties had to wait until the Age of Enlightenment.
Social contract
The social contract theory, most influentially formulated by Hobbes, John Locke and Rousseau, was among the first to provide a political classification of rights, in particular through the notion of sovereignty and of natural rights. The thinkers of the Enlightenment reasoned that law governed both heavenly and human affairs, and that law gave the king his power, rather than the king's power giving force to law. This conception of law would find its culmination in the ideas of Montesquieu. The conception of law as a relationship between individuals, rather than families, came to the fore, and with it the increasing focus on individual liberty as a fundamental reality, given by "Nature and Nature's God," which, in the ideal state, would be as universal as possible.In On Liberty, John Stuart Mill sought to define the "...nature and limits of the power which can be legitimately exercised by society over the individual," and as such, he describes an inherent and continuous antagonism between liberty and authority and thus, the prevailing question becomes "how to make the fitting adjustment between individual independence and social control".
Origins of political freedom
England and Great Britain
England, laid down the cornerstones of the concept of individual liberty.In 1066 as a condition of his coronation William the Conqueror assented to the London Charter of Liberties which guaranteed the "Saxon" liberties of the City of London.
In 1100 the Charter of Liberties is passed which sets out certain liberties of nobles, church officials and individuals.
In 1166 Henry II of England transformed English law by passing the Assize of Clarendon. The act, a forerunner to trial by jury, started the abolition of trial by combat and trial by ordeal.
1187-1189 sees the publication of Tractatus de legibus et consuetudinibus regni Anglie which contains authoritative definitions of freedom and servitude:
In 1215 Magna Carta was enacted, arguably becoming the cornerstone of liberty in first England, then Great Britain, and later the world.
In 1628 the English Parliament passed the Petition of Right which set out specific liberties of English subjects.
In 1679 the English Parliament passed the Habeas Corpus Act which outlawed unlawful or arbitrary imprisonment.
In 1689 the Bill of Rights granted "freedom of speech in Parliament", and reinforced many existing civil rights in England. The Scots law equivalent the Claim of Right is also passed.
In 1772 the Somerset v Stewart judgement found that slavery was unsupported by common law in England and Wales.
In 1859 an essay by the philosopher John Stuart Mill, entitled On Liberty, argued for toleration and individuality. "If any opinion is compelled to silence, that opinion may, for aught we can certainly know, be true. To deny this is to assume our own infallibility."
In 1958 Two Concepts of Liberty, by Isaiah Berlin, identified "negative liberty" as an obstacle, as distinct from "positive liberty" which promotes self-mastery and the concepts of freedom.
In 1948 British representatives attempted to but were prevented from adding a legal framework to the Universal Declaration of Human Rights.
United States
According to the 1776 United States Declaration of Independence, all men have a natural right to "life, liberty, and the pursuit of happiness". But this declaration of liberty was troubled from the outset by the institutionalization of legalized Black slavery. Slave owners argued that their liberty was paramount since it involved property, their slaves, and that Blacks had no rights that any White man was obliged to recognize. The Supreme Court, in the Dred Scott decision, upheld this principle. It was not until 1866, following the Civil War, that the US Constitution was amended to extend these rights to persons of color, and not until 1920 that these rights were extended to women.By the later half of the 20th century, liberty was expanded further to prohibit government interference with personal choices. In the United States Supreme Court decision Griswold v. Connecticut, Justice William O. Douglas argued that liberties relating to personal relationships, such as marriage, have a unique primacy of place in the hierarchy of freedoms. Jacob M. Appel has summarized this principle:
In modern America, various competing ideologies have divergent views about how best to promote liberty. Liberals in the original sense of the word see equality as a necessary component of freedom. Progressives stress freedom from business monopoly as essential. Libertarians disagree, and see economic freedom as best. The Tea Party movement sees the undefined "big government" as the enemy of freedom.
France
France supported the Americans in their revolt against English rule and, in 1789, overthrew their own monarchy, with the cry of "Liberté, égalité, fraternité". The bloodbath that followed, known as the reign of terror, soured many people on the idea of liberty. Edmund Burke, considered one of the fathers of conservatism, wrote "The French had shewn themselves the ablest architects of ruin that had hitherto existed in the world."Ideologies
Liberalism
According to the Concise Oxford Dictionary of Politics, liberalism is "the belief that it is the aim of politics to preserve individual rights and to maximize freedom of choice". But they point out that there is considerable discussion about how to achieve those goals. Every discussion of freedom depends on three key components: who is free, what they are free to do, and what forces restrict their freedom. John Gray argues that the core belief of liberalism is toleration. Liberals allow others freedom to do what they want, in exchange for having the same freedom in return. This idea of freedom is personal rather than political. William Safire points out that liberalism is attacked by both the Right and the Left: by the Right for defending such practices as abortion, homosexuality, and atheism, and by the Left for defending free enterprise and the rights of the individual over the collective.Libertarianism
According to the Encyclopædia Britannica, libertarians hold liberty as their primary political value. Their approach to implementing liberty involves opposing any governmental coercion, aside from that which is necessary to prevent individuals from coercing each other.Republican liberty
According to republican theorists of freedom, like the historian Quentin Skinner or the philosopher Philip Pettit, one's liberty should not be viewed as the absence of interference in one's actions, but as non-domination. According to this view, which originates in the Roman Digest, to be a liber homo, a free man, means not being subject to another's arbitrary will, that is to say, dominated by another. They also cite Machiavelli who asserted that you must be a member of a free self-governing civil association, a republic, if you are to enjoy individual liberty.The predominance of this view of liberty among parliamentarians during the English Civil War resulted in the creation of the liberal concept of freedom as non-interference in Thomas Hobbes' Leviathan.
Socialism
Socialists view freedom as a concrete situation as opposed to a purely abstract ideal. Freedom is a state of being where individuals have agency to pursue their creative interests unhindered by coercive social relationships, specifically those they are forced to engage in as a requisite for survival under a given social system. Freedom thus requires both the material economic conditions that make freedom possible alongside social relationships and institutions conducive to freedom.The socialist conception of freedom is closely related to the socialist view of creativity and individuality. Influenced by Karl Marx's concept of alienated labor, socialists understand freedom to be the ability for an individual to engage in creative work in the absence of alienation, where "alienated labor" refers to work people are forced to perform and un-alienated work refers to individuals pursuing their own creative interests.