mention some features of national liberty
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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.
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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.
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(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.
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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
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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.
III. Features/Nature of Liberty:
(i) Liberty does not mean the absence of all restraints
(ii) Liberty admits the presence of rational restraints and the absence of irrational restraints.
(iii) Liberty postulates the existence of such conditions as can enable the people to enjoy their rights and develop their personalities.
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(iv) 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.
(v) Liberty is possible only in a civil society and not in a state of nature or a ‘state of jungle’. State of anarchy can never be a state, of Liberty.
(vi) Liberty is for all. Liberty means the presence of adequate opportunities for all as can enable them to use their rights.
(vii) In society law is an essential condition of liberty. Law maintains conditions which are essential for the enjoyment of Liberty by all the people of the state.
(viii) Liberty the most fundamental of all the rights. It is the condition and the most essential right of the people. Liberty enjoys priority next only to the right to life.
In contemporary times, the positive view of liberty stands fully and universally recognized as the real, accepted, and really productive view of Liberty.