The right to liberty is considered to be the most valued of all human rights. In fact, without liberty, there can’t be any real right available to anyone.
In this lesson, we will talk about
The word ‘liberty’ is derived from the Latin word “Liber” which means ‘free’.
Liberty is usually defined in two ways:
Negative liberty – In its negative sense, liberty is taken to mean an absence of restraints. It means the freedom to act in any way. This meaning of liberty is not accepted in a civil society.
Positive liberty – In its positive sense, liberty is taken to mean freedom under rational and logical restraints imposed by law. These restraints are considered essential for ensuring the enjoyment of liberty by all the people. In a civil society, only positive liberty can be available to the people.
Liberty is equal and adequate opportunities for all to enjoy their rights.
“Liberty is the freedom of an individual to express, without external hindrances, his personality.” – G.D.H. Cole
1. Liberty does not mean the absence of all restraints.
2. Liberty admits the presence of rational restraints and the absence of irrational restraints.
3. Liberty is not a license to do anything and everything. It means the freedom to do only those things which are considered worth-doing or worth-enjoying.
4. Liberty is for all. Liberty means the presence of adequate opportunities for all as can enable them to use their rights.
5. Liberty is possible only in civil society and not in a state of nature or a state of the jungle. State of anarchy can be never be considered as ‘liberty’.
6. Liberty postulates the existence of such conditions as can enable the people to enjoy their rights and develop their personalities.
7. Liberty is the most fundamental of all rights. It is the condition and the most essential right of the people. Liberty enjoys priority next only to the right of life.
8. In society, law is an essential condition of liberty. Law maintains conditions that are essential for the enjoyment of liberty by all the people of the state.
1. Natural liberty is taken to mean the enjoyment of unrestrained natural freedom. It is justified on the ground that since man is born free, he is to enjoy freedom as he wills. All restraints negate his freedom. However, there cannot be unrestrained liberty as it can create anarchy. Natural liberty may lead to the ‘rule of muscle power’.
2. Civil liberty is the liberty which each individual enjoys as a member of the society. It is equally available to all individuals. All enjoy equal freedom and rights in society. It is not unrestrained liberty. It accepts the presence of some rational restraints imposed by the law and society.
- Civil liberty means liberty under the law and rules of a country.
- Civil liberty also involves the concept of limiting the possibilities for violation of the rights of the people by the government.
3. Political liberty involves the freedom to exercise the right to vote, right to contest the election, right to hold public office, right to criticize and oppose the policies of the government, right to form political parties, interest groups and pressure groups, and the right to change the government through constitutional means. This is possible only in a democracy.
4. Individual liberty means the freedom to pursue one’s desires and interests as a person, but which do not clash with the interests or desires of others. This includes freedom of speech and expression, freedom of residence, freedom of movement, freedom of conscience, freedom of tastes, freedom to choose any profession, freedom to personal property, freedom to practice any religion, and freedom to accept or not to accept any ideology, etc. However, all these freedoms are to be exercised in a way as does not hinder the equal freedom of others as well as does not violate public order, health, and morality.
5. Economic liberty is the freedom from the wants of tomorrow and the availability of adequate opportunities for earning a livelihood. It stands for freedom from poverty, unemployment and the ability to enjoy at least three basic minimum needs – food, clothing, and shelter. Economic liberty can be enjoyed only when there is freedom from hunger, starvation, destitution, and unemployment.
6. National liberty is another name for the independence of the nation. It means complete freedom of the people of each state:
7. Religious liberty means the freedom to profess or not to profess any religion. It means the freedom of faith and worship and non-intervention of the State in religious affairs of the people. It also means the equal status of all religions to freely carry out their activities in society.
8. Moral liberty means the freedom to act according to one’s conscience. It stands for the liberty to work for securing moral self-perfection. Freedom to pursue moral values is moral freedom.
