Civil libertarianism

Last updated

Civil libertarianism is a strain of political thought that supports civil liberties and rights, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority (such as a state, a corporation, social norms imposed through peer pressure and so on). [1]

Contents

In the libertarian movement

In the domain of libertarian philosophy, the primary concern of civil libertarians is the relationship between government and individuals. In theory, civil libertarians seek to restrict this relationship to an absolute minimum in which the state can function and provide basic services and securities without excessively interfering in the lives of its citizens. One key cause of civil libertarianism is upholding free speech. [2] Specifically, civil libertarians oppose bans on hate speech and obscenity. [3] Although they may or may not personally condone behaviors associated with these issues, civil libertarians hold that the advantages of unfettered public discourse outweigh any disadvantages, and that the coercion of speech is inherently wrong. [2]

Other civil libertarian positions may include support for full or partial legalization of illicit substances, prostitution, privacy, assisted dying or euthanasia, the right to keep and bear arms, youth rights, topfree equality, separation of church and state, full or partial opposition to involuntary commitment and outpatient commitment, and support for same-sex marriage.[ citation needed ]

With the advent of personal computers, the Internet, email, cell phones and other advancements in information technology, a subset of civil libertarianism has arisen that focuses on protecting individuals' digital rights and privacy.[ citation needed ]

See also

Related Research Articles

Egalitarianism, or equalitarianism, is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. As such, all citizens of a state should be accorded equal rights and treatment under the law. Egalitarian doctrines have supported many modern social movements, including the Enlightenment, feminism, civil rights, and international human rights.

Political freedom is a central concept in history and political thought and one of the most important features of democratic societies. Political freedom was described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech. The concept of political freedom is closely connected with the concepts of civil liberties and human rights, which in democratic societies are usually afforded legal protection from the state.

Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state.

Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.

Civil liberties in the United States are certain unalienable rights retained by citizens of the United States under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. There are also many liberties of people not defined in the Constitution, as stated in the Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

Individualist feminism, also known as ifeminism, is a libertarian feminist movement that emphasizes individualism, personal autonomy, freedom from state-sanctioned discrimination against women, and gender equality.

<span class="mw-page-title-main">Self-ownership</span> Concept of property in ones own person

Self-ownership is the concept of property in one's own body, often expressed as the moral or natural right of a person to have bodily integrity meaning the exclusive right to control one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this. Since the legal norm of property title claim incapacitates other people from claiming property title over the same resource at the same time, the right to control or interfere with one's own body in any arbitrary way is secured. Anarcho-capitalism defines self-ownership as the exclusive right to control one's body as long as the owner does not aggress upon others, leading to the concept of the sovereign individual. In Minarchism the 'exclusive right' is understood by separating the 'liberty-to' from the 'liberty-from' where for each person the 'liberty-to' is restricted by all the 'liberty's-from' of others, effectively subjecting the liberty-to to the ban on the usage of force. Thereafter self-ownership means the exclusive right to control one's body insofar considering action between inhabitants and not involving the state, making it roughly a pacifist morality only among inhabitants. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism and liberalism.

<span class="mw-page-title-main">Liberty</span> Creation and experience of societal freedom

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views.

Libertarian perspectives on LGBT rights illustrate how libertarian individuals and political parties have applied the libertarian philosophy to the subject of lesbian, gay, bisexual and transgender (LGBT) rights. In general, libertarians oppose laws which limit the sexual freedom of adults.

The non-aggression principle (NAP), also called the non-aggression axiom, is the fundamental principle of morality that states that any person is permitted do everything with his property except aggression, defined as the initiation of forceful action, which is in turn defined as 'the application or threat of' 'physical interference or fraud ', any of which without consent. The principle is also called the non-initiation of force. The principle incorporates universal enforcability.

Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 16, established in 2015, underscores the link between promoting human rights and sustaining peace.

Left-libertarianism, also known as left-wing libertarianism, or social libertarianism, is a political philosophy and type of libertarianism that stresses both individual freedom and social equality. Left-libertarianism represents several related yet distinct approaches to political and social theory. Its classical usage refers to anti-authoritarian varieties of left-wing politics such as anarchism, especially social anarchism, communalism, and libertarian Marxism, collectively termed libertarian socialism. A portion of the left wing of the green movement, including adherents of Murray Bookchin's social ecology, are also generally considered left-libertarian.

Right-libertarianism, also known as libertarian capitalism, or right-wing libertarianism, is a libertarian political philosophy that supports capitalist property rights and defends market distribution of natural resources and private property. The term right-libertarianism is used to distinguish this class of views on the nature of property and capital from left-libertarianism, a type of libertarianism that combines self-ownership with an egalitarian approach to property and income. In contrast to socialist libertarianism, right-libertarianism supports free-market capitalism. Like most forms of libertarianism, it supports civil liberties, especially natural law, negative rights, the non-aggression principle, and a major reversal of the modern welfare state.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

The law of equal liberty is the fundamental precept of liberalism and socialism. Stated in various ways by many thinkers, it can be summarized as the view that all individuals must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. While socialists have been hostile to liberalism, which is accused of "providing an ideological cover for the depredation of capitalism", scholars have stated that "the goals of liberalism are not so different from those of the socialists", although this similarity in goals has been described as being deceptive due to the different meanings liberalism and socialism give to liberty, equality and solidarity, including the meaning, implications and norms of equal liberty derived from it.

Libertarianism is variously defined by sources as there is no general consensus among scholars on the definition nor on how one should use the term as a historical category. Scholars generally agree that libertarianism refers to the group of political philosophies which emphasize freedom, individual liberty and voluntary association. Libertarians generally advocate a society with little or no government power.

<span class="mw-page-title-main">Libertarian Party of Louisiana</span> State affiliate of the Libertarian Party

The Libertarian Party of Louisiana(LPL) is the Louisiana affiliate of the Libertarian Party. The state chair is Heide Alejandro-Smith. It is the third largest party in Louisiana and one of five officially recognized parties in the state. The LPL has two legislative accomplishments to its credit, one a friendlier ballot access law passed in 2004, and the other, a defeat of a bill which would have redefined any party under 40,000 registered voters as a "minor" party and not deserving of federal primary elections. The party is currently organizing individual parishes with their own party committees and is fielding candidates in state and local elections.

Intellectual freedom encompasses the freedom to hold, receive and disseminate ideas without restriction. Viewed as an integral component of a democratic society, intellectual freedom protects an individual's right to access, explore, consider, and express ideas and information as the basis for a self-governing, well-informed citizenry. Intellectual freedom comprises the bedrock for freedoms of expression, speech, and the press and relates to freedoms of information and the right to privacy.

References

Citations

  1. "Civil libertarian". Dictionary.reference.com. Archived from the original on January 12, 2015. Retrieved November 14, 2015.
  2. 1 2 Massaro 1991, pp. 222–227.
  3. Massaro 1991, p. 222-227.

Works cited