Law and freedom relationship

Relationship between Liberty, Sovereignty (Authority) and Law

law and freedom relationship

Just as freedom is socially constructed so law is the rational universalization . human Freedom within societies necessarily dies in this. Jun 1, Tracing the role of the law, and the limitations upon government, for the A third essential element of individual freedom is a relationship to at. The central question in legal philosophy is the relationship between law and the world have been influenced by the principles of the Enlightenment: freedom, .

For example, Syndicalists and Anarchists maintain that more powerful the state, more curtailed and confined will the individual liberty be. Hence, they wanted to abolish the state.

William Godwin, a well-known anarchist opines: In the eighteenth and nineteenth centuries, the individualists interpreted liberty in their own way.

law and freedom relationship

They regarded the control of the state as harmful to the individual and, therefore, supported the confinement of the authority of the state. But the individualist doctrine resulted in dangerous consequences in England when this doctrine was implemented.

Now it is universally accepted that laws are the protectors of liberty. Liberty ceases to exist in the absence of law. Law is the Condition of Liberty: Therefore, the existence of law is essential for the existence of liberty. It is the laws that protect liberty. In the absence of laws anarchy will prevail in society and people will degenerate into primitive savages who lived in the state of nature as described by Hobbes.

Law is the protector of Liberty: Liberty is protected by law in three ways. First of all law provides congenial atmosphere for the smooth running of civilized life in society. Law punishes the criminals and defends the rights of the individuals. Secondly, laws guarantee the enjoyment of individual rights and duties and protect them. The state punishes the individual who causes harm to others and hinders the path of others.

Thirdly, constitution is the custodian of liberty. It is only the constitution that confines the authority of the state and protects the fundamental rights of the people. Idealists maintain that liberty lies in the obedience to law. Liberty ceases to exist in the absence of laws. He would not consider the freedom of the Red Indian as freedom at all. According to our philosophers, freedom is the goal.

Knowledge cannot be the goal, because knowledge is a compound. It is a compound of power and freedom, and it is freedom alone that is desirable. That is what men struggle after. Simply the possession of power would not be knowledge. For instance, a scientist can send an electric shock to a distance of some miles; but nature can send it to an unlimited distance. Why do we not build statues to nature then?

It is not law that we want but ability to break law. We want to be outlaws.

Relationship between Liberty, Sovereignty (Authority) and Law

If you are bound by laws, you will be a lump of clay. Whether you are beyond law or not is not the question; but the thought that we are beyond law — upon that is based the whole history of humanity.

law and freedom relationship

For instance, a man lives in a forest, and never has had any education or knowledge. He sees a stone falling down — a natural phenomenon happening — and he thinks it is freedom. He thinks it has a soul, and the central idea in that is freedom. But as soon as he knows that it must fall, he calls it nature — dead, mechanical action. I may or may not go into the street. In that is my glory as a man. If I am sure that I must go there, I give myself up and become a machine. Nature with its infinite power is only a machine; freedom alone constitutes sentient life.

The Vedanta says that the idea of the man in the forest is the right one; his glimpse is right, but the explanation is wrong. He holds to this nature as freedom and not as governed by law.

law and freedom relationship

Only after all this human experience we will come back to think the same, but in a more philosophical sense. For instance, I want to go out into the street. I get the impulse of my will, and then I stop; and in the time that intervenes between the will and going into the street, I am working uniformly.

Uniformity of action is what we call law. This uniformity of my actions, I find, is broken into very short periods, and so I do not call my actions under law. I work through freedom.

I walk for five minutes; but before those five minutes of walking, which are uniform, there was the action of the will, which gave the impulse to walk. Therefore man says he is free, because all his actions can be cut up into small periods; and although there is sameness in the small periods, beyond the period there is not the same sameness.

In this perception of non-uniformity is the idea of freedom.

Law and freedom

In nature we see only very large periods of uniformity; but the beginning and end must be free impulses. The impulse of freedom was given just at the beginning, and that has rolled on; but this, compared with our periods, is much longer.

law and freedom relationship

We find by analysis on philosophic grounds that we are not free. But there will remain this factor, this consciousness that I am free. What we have to explain is, how that comes. We will find that we have these two impulsions in us. Our reason tells us that all our actions are caused, and at the same time, with every impulse we are asserting our freedom. The solution of the Vedanta is that there is freedom inside — that the soul is really free — but that that soul's actions are percolating through body and mind, which are not free.

As soon as we react, we become slaves. A man blames me, and I immediately react in the form of anger. A little vibration which he created made me a slave. So we have to demonstrate our freedom.

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They alone are the sages who see in the highest, most learned man, or the lowest animal, or the worst and most wicked of mankind, neither a man nor a sage nor an animal, but the same God in all of them. Even in this life they have conquered relativity, and have taken a firm stand upon this equality.

God is pure, the same to all. Therefore such a sage would be a living God. This is the goal towards which we are going; and every form of worship, every action of mankind, is a method of attaining to it. The man who wants money is striving for freedom — to get rid of the bondage of poverty.

Freedom and the Law

Every action of man is worship, because the idea is to attain to freedom, and all action, directly or indirectly, tends to that. Only, those actions that deter are to be avoided. The whole universe is worshipping, consciously or unconsciously; only it does not know that even while it is cursing, it is in another form worshipping the same God it is cursing, because those who are cursing are also struggling for freedom.

They never think that in reacting from a thing they are making themselves slaves to it. It is hard to kick against the pricks. If we could get rid of the belief in our limitations, it would be possible for us to do everything just now.

It is only a question of time.