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]
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. [10]
Political freedom is a central concept in history and political thought and one of the most important features of democratic societies. Political freedom has been 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 in society, such as economic compulsion.
Georg Wilhelm Friedrich Hegel was a German philosopher and one of the most influential figures of German idealism and 19th-century philosophy. His influence extends across the entire range of contemporary philosophical topics, from metaphysical issues in epistemology and ontology, to political philosophy, the philosophy of history, philosophy of art, philosophy of religion, and the history of philosophy.
Natural law is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced 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, justice, liberty, property, rights, law, and 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, best known for his 1651 book Leviathan, in which he expounds an influential formulation of social contract theory. 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.
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 an important concept in law and ethics, especially theories of justice and deontology.
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.
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.
The harm principle holds that the actions of individuals should be limited only to prevent harm to other individuals. John Stuart Mill articulated the principle in the 1859 essay On Liberty, where he argued that "The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others." An equivalent was earlier stated in France's Declaration of the Rights of Man and of the Citizen of 1789 as, "Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law." It finds earlier expression in Thomas Jefferson's 1785 "Notes on the State of Virginia," Query 17 (Religion) in which he writes, "The legitimate powers of government extend to such acts only as are injurious to others."
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 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.
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. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference and access to opportunities and resources to pursue their goals, all within a fair legal system.
"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).
Negative and positive rights are rights that oblige either inaction or action. These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights.
Sittlichkeit is the concept of "ethical life" or "ethical order" furthered by German philosopher Georg Wilhelm Friedrich Hegel. It was first presented in his work Phenomenology of Spirit (1807) to refer to "ethical behavior grounded in custom and tradition and developed through habit and imitation in accordance with the objective laws of the community" and it was further developed in his work Elements of the Philosophy of Right (1820).
Susanne Sreedhar is an Associate Professor of Philosophy at Boston University. Sreedhar's work on social contract theory has been influential, and has mostly been aimed at the nature and scope of obligation within political systems, and the possibility of ethical civil disobedience within a Hobbesian system.
Freedom is the power or right to speak, act 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.
