History
According to Thomas Hobbes, "a free man is he that in those things which by his strength and wit he is able to do is not hindered to do what he hath the will to do" ( Leviathan , Part 2, Ch. XXI; thus alluding to liberty in its negative sense).
Claude Adrien Helvétius expressed the following point clearly: "The free man is the man who is not in irons, nor imprisoned in a gaol, nor terrorized like a slave by the fear of punishment ... it is not lack of freedom, not to fly like an eagle or swim like a whale." Moreover, John Jay, in The Federalist paper No. 2, stated that: "Nothing is more certain than the indispensable necessity of Government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights, in order to vest it with requisite powers." Jay's meaning would be better expressed by substituting "negative liberty" in place of "natural rights", for the argument here is that the power or authority of a legitimate government derives in part from our accepting restrictions on negative liberty.
An idea that anticipates the distinction between negative and positive liberty was G. F. W. Hegel's "sphere of abstract right" (furthered in his Elements of the Philosophy of Right ), which constitutes what now is called negative freedom and his subsequent distinction between "abstract" and "positive liberty." [4] [5]
In the Anglophone analytic tradition, the distinction between negative and positive liberty was introduced by Isaiah Berlin in his 1958 lecture "Two Concepts of Liberty". According to Berlin, the distinction is deeply embedded in the political tradition. In Berlin's words, "liberty in the negative sense involves an answer to the question: 'What is the area within which the subject—a person or group of persons—is or should be left to do or be what he is able to do or be, without interference by other persons'." [6] Restrictions on negative liberty are imposed by a person, not by natural causes or incapacity.
Frankfurt School psychoanalyst and humanistic philosopher Erich Fromm drew a similar distinction between negative and positive freedom in his 1941 work, The Fear of Freedom , that predates Berlin's essay by more than a decade. Fromm sees the distinction between the two types of freedom emerging alongside humanity's evolution away from the instinctual activity that characterizes lower animal forms. This aspect of freedom, he argues, "is here used not in its positive sense of 'freedom to' but in its negative sense of 'freedom from', namely freedom from instinctual determination of his actions." [7] For Fromm, then, negative freedom marks the beginning of humanity as a species conscious of its own existence free from base instinct.
The distinction between positive and negative liberty is considered specious by some socialist and Marxist political philosophers, who argue that positive and negative liberty are indistinguishable in practice, [8] or that one cannot exist without the other. [2] Although he is not a socialist nor a Marxist, Berlin argues:
It follows that a frontier must be drawn between the area of private life and that of public authority. Where it is to be drawn is a matter of argument, indeed of haggling. Men are largely interdependent, and no man's activity is so completely private as never to obstruct the lives of others in any way. 'Freedom for the pike is death for the minnows'; the liberty of some must depend on the restraint of others. [6]
Objectivist thinker Tibor Machan defends negative liberty as "required for moral choice and, thus, for human flourishing," claiming that it "is secured when the rights of individual members of a human community to life, to voluntary action (or to liberty of conduct), and to property are universally respected, observed, and defended."
According to Charles Taylor, freedom means being able to do what you want, without any external obstacles. This concept has been criticized for being too simplistic and not taking into account the importance of individual self-realization. He thus suggests that negative liberty is little more than a philosophical term and that real liberty is achieved when significant social and economic inequalities are also considered. He proposed dialectical positive liberty as a means to gaining both negative and positive liberty, by overcoming the inequalities that divide us. According to Taylor, positive liberty is the ability to fulfill one's purposes, while negative liberty is the freedom from interference by others. [9]
Versus the need for authority
Hobbes and Locke give two influential and representative solutions to reconciling a desire for liberty with an assumed need for authority. As a starting point, they agree that a line must be drawn and a space sharply delineated where all people can act unhindered according to their tastes, desires, and inclinations. This zone defines the sacrosanct space of personal liberty. But, they believe no society is possible without some authority, where the intended purpose of authority is to prevent collisions among the different ends and, thereby, to demarcate the boundaries where each person's zone of liberty begins and ends. Where Hobbes and Locke differ is the extent of the zone. Hobbes, who took a rather negative view of human nature, argued that a strong authority was needed to curb men's intrinsically wild, savage, and corrupt impulses. Only a powerful authority can keep at bay the permanent and always looming threat of anarchy. Locke believed, on the other hand, that men on the whole are more good than wicked and, accordingly, the area for individual liberty can be left rather at large.
Locke was slightly more ambiguous than Hobbes because although his conception of liberty was largely negative (in terms of non-interference); he differed in that he courted the republican tradition of liberty by rejecting the notion that person could be free under the arbitrary power of another:
This freedom from absolute, arbitrary power, is so necessary to, and closely joined with a man's preservation, that he cannot part with it, but by what forfeits his preservation and life together: for a man, not having the power of his own life, cannot, by compact, or his own consent, enslave himself to any one, nor put himself under the absolute, arbitrary power of another, to take away his life, when he pleases. No body can give more power than he has himself; and he that cannot take away his own life, cannot give another power over it. Indeed, having by his fault forfeited his own life, by some act that deserves death; he, to whom he has forfeited it, may (when he has him in his power) delay to take it, and make use of him to his own service, and he does him no injury by it: for, whenever he finds the hardship of his slavery outweigh the value of his life, it is in his power, by resisting the will of his master, to draw on himself the death he desires." [10]
Monarchy example
Thomas Hobbes' Leviathan outlines a commonwealth based upon a monarchy to whom citizens have ceded their rights. The basic reasoning for his assertion that this system was most ideal relates more to his value of order and simplicity in government. The monarchy provides for its subjects, and its subjects go about their day-to-day lives without interaction with the government:
The commonwealth is instituted when all agree in the following manner: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou give up, thy right to him, and authorise all his actions in like manner.
The sovereign has twelve principal rights:
- because a successive covenant cannot override a prior one, the subjects cannot (lawfully) change the form of government.
- because the covenant forming the commonwealth is the subjects giving to the sovereign the right to act for them, the sovereign cannot possibly breach the covenant; and therefore the subjects can never argue to be freed from the covenant because of the actions of the sovereign.
- the selection of sovereign is (in theory) by majority vote; the minority have agreed to abide by this.
- every subject is author of the acts of the sovereign: hence the sovereign cannot injure any of his subjects, and cannot be accused of injustice.
- following this, the sovereign cannot justly be put to death by the subjects.
- because the purpose of the commonwealth is peace, and the sovereign has the right to do whatever he thinks necessary for the preserving of peace and security and prevention of discord, therefore the sovereign may judge what opinions and doctrines are averse; who shall be allowed to speak to multitudes; and who shall examine the doctrines of all books before they are published.
- to prescribe the rules of civil law and property.
- to be judge in all cases.
- to make war and peace as he sees fit; and to command the army.
- to choose counsellors, ministers, magistrates and officers.
- to reward with riches and honour; or to punish with corporal or pecuniary punishment or ignominy.
- to establish laws of honour and a scale of worth.
Hobbes explicitly rejects the idea of Separation of Powers, in particular the form that would later become the separation of powers under the United States Constitution. Part 6 is a perhaps underemphasised feature of his argument, explicitly in favour of censorship of the press and restrictions on the rights of free speech, should they be considered desirable by the sovereign in order to promote order.
Upon closer inspection of Leviathan, it is clear he believed a person in society must give up liberty to a sovereign. Whether that sovereign is an absolute monarch or other form was left open to debate. He viewed the absolute monarch as the best of all options, writing:
For as amongst masterless men, there is perpetual war, of every man against his neighbour; no inheritance, to transmit to the son, nor to expect from the father; no propriety of goods, or lands; no security; but a full and absolute liberty in every particular man: so in states, and commonwealths not dependent on one another, every commonwealth, not every man, has an absolute liberty, to do what it shall judge, that is to say, what that man, or assembly that representeth it, shall judge most conducing to their benefit. [11]
Natural law is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be induced and applied independently of positive law. According to the theory of law called jusnaturalism, all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality."
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, liberty, justice, property, rights, law, and the enforcement of laws by authority: what they are, if they are needed, what makes a government legitimate, what rights and freedoms it should protect, what form it should take, what the law is, and what duties citizens owe to a legitimate government, if any, and when it may be legitimately overthrown, if ever.
Thomas Hobbes was an English philosopher. Hobbes is best known for his 1651 book Leviathan, in which he expounds an influential formulation of social contract theory. In addition to political philosophy, Hobbes contributed to a diverse array of other fields, including history, jurisprudence, geometry, theology, and ethics, as well as philosophy in general. He is considered to be one of the founders of modern political philosophy.
In moral and political philosophy, the social contract is an idea, theory or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution.
Will, within philosophy, is a faculty of the mind. Will is important as one of the parts of the mind, along with reason and understanding. It is considered central to the field of ethics because of its role in enabling deliberate action.
Leviathan or The Matter, Forme and Power of a Commonwealth Ecclesiasticall and Civil, commonly referred to as Leviathan, is a book written by Thomas Hobbes (1588–1679) and published in 1651. Its name derives from the biblical Leviathan. The work concerns the structure of society and legitimate government, and is regarded as one of the earliest and most influential examples of social contract theory. Written during the English Civil War (1642–1651), it argues for a social contract and rule by an absolute sovereign. Hobbes wrote that civil war and the brute situation of a state of nature could be avoided only by a strong, undivided government.
Legal positivism is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart.
Some philosophers distinguish two types of rights, natural rights and legal rights.
Positive liberty is the possession of the power and resources to act in the context of the structural limitations of the broader society which impacts a person's ability to act, as opposed to negative liberty, which is freedom from external restraint on one's actions.
Self-ownership is the concept of property in one's own body, 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. Minarchism considers self-ownership to mean 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.
Early modern philosophy The early modern era of philosophy was a progressive movement of Western thought, exploring through theories and discourse such topics as mind and matter, is a period in the history of philosophy that overlaps with the beginning of the period known as modern philosophy. It succeeded in the medieval era of philosophy. Early modern philosophy is usually thought to have occurred between the 16th and 18th centuries, though some philosophers and historians may put this period slightly earlier. During this time, influential philosophers included Descartes, Locke, Hume, and Kant, all of whom contributed to the current understanding of philosophy.
Two Treatises of Government is a work of political philosophy published anonymously in 1689 by John Locke. The First Treatise attacks patriarchalism in the form of sentence-by-sentence refutation of Robert Filmer's Patriarcha, while the Second Treatise outlines Locke's ideas for a more civilized society based on natural rights and contract theory. The book is a key foundational text in the theory of Liberalism.
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.
"Two Concepts of Liberty" was the inaugural lecture delivered by the liberal philosopher Isaiah Berlin before the University of Oxford on 31 October 1958. It was subsequently published as a 57-page pamphlet by Oxford at the Clarendon Press. It also appears in the collection of Berlin's papers entitled Four Essays on Liberty (1969) and was reissued in a collection entitled Liberty: Incorporating Four Essays on Liberty (2002).
In political philosophy, limited government is the concept of a government limited in power. It is a key concept in the history of liberalism.
In political philosophy, the right of revolution is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without justifiable cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the American Revolution, French Revolution, the Russian Revolution, and the Iranian Revolution.
Crawford Brough Macpherson was an influential Canadian political scientist who taught political theory at the University of Toronto.
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.
Freedom is the power or right to act, speak, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws".
Thomas Hobbes’s moral and political philosophy is constructed around the basic premise of social and political order, explaining how humans should live in peace under a sovereign power so as to avoid conflict within the ‘state of nature’. Hobbes’s moral philosophy and political philosophy are intertwined; his moral thought is based around ideas of human nature, which determine the interactions that make up his political philosophy. Hobbes’s moral philosophy therefore provides justification for, and informs, the theories of sovereignty and the state of nature that underpin his political philosophy.
