Discuss the various dimensions and type of liberty.
Answers
Answer:
They are:
i)Freedom of association.
ii)Freedom of belief.
iii)Freedom of speech.
iv)Freedom to express oneself.
v)Freedom of the press.
vi)Freedom to choose one's state in life.
vii)Freedom of religion.
viii)Freedom of bondage and slavery.
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Explanation:
Liberty: Definition, Features, Types and Essential Safeguards of Liberty
Liberty: Definition, Features, Types and Essential Safeguards of Liberty!
Of all the rights which are considered fundamental for the development of the personality of the individual, the right to liberty or freedom happens to be most respected and valued. In fact without liberty, i.e. without the freedom to enjoy one’s rights, there can be no real right available to the people. Liberty, as such, is the most cherished and loved right of the people.
I. Liberty: Meaning:
The word “Liberty” stands derived from the Latin word ‘Liber” which means ‘free’. In this sense liberty means freedom from restraints and the freedom to act as one likes. However, in a civil society such a meaning of Liberty is taken to be negative and harmful.
It is only in a jungle that freedom from restraints is available to animals. In a civil society no person can be really permitted to act without restraints. Hence, Liberty is taken to mean the absence of not all restraints but only those restraints which are held to be irrational.
Liberty is usually defined in two ways: Negative Liberty & Positive Liberty:
(A) Negative Liberty:
In its negative sense, Liberty is taken to mean an absence of restraints. It means the freedom to act is any way. In this form liberty becomes a license. Such a meaning of liberty can never be accepted in a civil society. In contemporary times, Negative conception of liberty stands rejected.
(B) Positive Liberty:
In its positive sense, Liberty is taken to mean freedom under rational and logical i.e. restraints which are rational and have stood the test of time. It means liberty under the rational and necessary 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.
Positive Liberty means two important things:
1. Liberty is not the absence of restraints; it is the substitution of irrational restraints by rational ones. Liberty means absence of only irrational and arbitrary restraints and not all restraints.
2. Liberty means equal and adequate opportunities for all to enjoy their rights.
II. Liberty: Definition:
(1) “Liberty is the freedom of individual to express, without external hindrances, his personality.” -G.D.H Cole
(2) “Freedom is not the absence of all restraints but rather the substitution of rational ones for the irrational.” -Mckechnie
(3) “Liberty is the existences of those conditions of social life without which no one can in general be at his best self.” “Liberty is the eager maintenance of that atmosphere in which men have the opportunities to be their best-selves.” -Laski
Liberty is the most essential condition for the enjoyment of rights. It is not the absence of restraints. It is the positive condition for the enjoyment of rights. It admits the presence of such rational restraints as satisfy the test of historical experience and reason.
IV. Types of Liberty:
(1) Natural Liberty:
(2) Civil Liberty:
Further, Civil Liberty has two features:
(i) State guarantees Civil Liberty:
Civil liberty means liberty under law. Law creates the conditions necessary for the enjoyment of liberty. However, it refrains from creating obstacles in the way of enjoyment of liberty by the people. It protects liberty from such obstacles and actions of other men and organisations as can limit the equal liberty of all. The Laws of State imposes such reasonable restraints as are deemed necessary for the enjoyment of liberty by the people.
(ii) Civil liberty also stands for the protection of Rights and Freedom from undue interferences:
Civil liberty involves the concept of limiting the possibilities for violation of the rights of the people by the government. This is ensured by granting and guaranteeing the fundamental rights of the people. It also stands for providing constitutional and judicial protection to rights and liberty of the people.
(3) Political Liberty:
(4) Individual Liberty/ Personal Liberty:
(5) Economic Liberty:
(6) National Liberty:
(7) Religious Liberty:
(8) Moral Liberty:
V. Some Essential Safeguards of Liberty:
1. Love for Liberty:
2. Eternal Vigilance:
3. Grant of Equal Rights to All:
4. Democratic System:
5. The Rights of one should not be dependent upon the will of others:
6. Fair Governmental Action:
7. Protection of Fundamental Rights:
8. Independence of Judiciary:
9. Separation of Powers:
10. Decentralisation of Powers:
11. Rule of Law:
13. Economic Equality:
14. Well Organised Interest Groups and Non-government Organisations: