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Liberty
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 ( negative liberty) and access to opportunities and resources to pursue their goals ( positive liberty), all within a fair legal system. Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom und ...
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Ordered Liberty
Ordered liberty is a concept in political philosophy, where individual freedom is balanced with the necessity for maintaining social order. The phrase "ordered liberty" originates from an opinion by Justice Benjamin Cardozo in ''Palko v. Connecticut'', 302 U.S. 319 (1937), wherein the Supreme Court held that the Due Process Clause protected only those rights that were "of the very essence of a scheme of ordered liberty" and that the court should therefore incorporate the Bill of Rights onto the states gradually, as justiciable violations arose, based on whether the infringed right met that test. Utilizing a case-by-case approach known as selective incorporation, the Court upheld Palko's conviction, asserting that the appeal regarding double jeopardy was not "essential to a fundamental scheme of ordered liberty." The decision was made with an 8–1 vote, with Justice Pierce Butler serving as the sole dissenter, although he did not write a dissenting opinion. In "Ordered Liberty ...
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Two Concepts Of Liberty
"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). The essay, with its analytical approach to the definition of political concepts, re-introduced the study of political philosophy to the methods of analytic philosophy. It is also one of Berlin's first expressions of his ethical ontology of value-pluralism. Berlin defined negative liberty (as the term "liberty" was used by Thomas Hobbes) as the absence of coercion or interference with agents' possible private actions, by an exterior social body. He also defined it as a comparatively recent political ideal, which re-emerged in the late 17th century, a ...
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Liberté, égalité, Fraternité
(; French for , ), is the national motto of France and the Republic of Haiti, and is an example of a tripartite motto. Although it finds its origins in the French Revolution, it was then only one motto among others and was not institutionalized until the Third Republic at the end of the 19th century. (abridged translation, ''Realms of Memory'', Columbia University Press, 1996–98). Debates concerning the compatibility and order of the three terms began at the same time as the Revolution. It is also the motto of the Grand Orient and the Grande Loge de France. Origins during the French Revolution Some claim that Camille Desmoulins invented the phrase, in number 35 of ''Révolutions de France et de Brabant'', published on 26 July 1790. However, it is not confirmed as this is only the first official mention of the phrase. Speaking of the July 1790 Fête de la Fédération festival, he described "the citizen-soldiers rushing into each other's arms, promising each other ...
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Negative Liberty
Negative liberty, or negative freedom, is freedom from interference by other people. Negative liberty is primarily concerned with freedom from external restraint and contrasts with positive liberty (the possession of the power and resources to fulfill one's own potential). The distinction originated with Bentham, was popularized by T. H. Green and Guido De Ruggiero, and is now best known through Isaiah Berlin's 1958 lecture " Two Concepts of Liberty". Overview ''Stanford Encyclopedia of Philosophy'' describes negative liberty: "The negative concept of freedom ... is most commonly assumed in liberal defences of the constitutional liberties typical of liberal-democratic societies, such as freedom of movement, freedom of religion, and freedom of speech, and in arguments against paternalist or moralist state intervention. It is also often invoked in defences of the right to private property, although some have contested the claim that private property necessarily enhances neg ...
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Freedom
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". In one definition, something is "free" if it can change and is not constrained in its present state. Physicists and chemists use the word in this sense. In its origin, the English language, English word "freedom" relates etymologically to the word "friend". Philosophy and religion sometimes associate it with free will, as an alternative to determinism or predestination. In modern Liberalism, liberty nations, freedom is considered a right, especially freedom of speech, freedom of religion, and freedom of the press. Types In political discourse, political freedom is often associated with liberty and autonomy, and a distinction is made between countries that are free of dictatorships. In the area of civil rights, a strong distinction is made between freedom and slavery and the ...
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John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, politician and civil servant. One of the most influential thinkers in the history of liberalism and social liberalism, he contributed widely to social theory, political theory, and political economy. Dubbed "the most influential English-speaking philosopher of the nineteenth century" by the ''Stanford Encyclopedia of Philosophy'', he conceived of liberty as justifying the freedom of the individual in opposition to unlimited state and social control. He advocated political and social reforms such as proportional representation, the emancipation of women, and the development of labour organisations and farm cooperatives. The ''Columbia Encyclopedia'' describes Mill as occasionally coming "close to socialism, a theory repugnant to his predecessors". He was a proponent of utilitarianism, an ethical theory developed by his predecessor Jeremy Bentham. He contributed to the investigation ...
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On Liberty
''On Liberty'' is an essay published in 1859 by the English philosopher John Stuart Mill. It applied Mill's ethical system of utilitarianism to society and state. Mill suggested standards for the relationship between authority and liberty. He emphasized the importance of individuality, which he considered a prerequisite to the higher pleasures—the ''summum bonum'' of utilitarianism. Furthermore, Mill asserted that democratic ideals may result in the ''tyranny of the majority''. Among the standards proposed are Mill's three basic liberties of individuals, his three legitimate objections to government intervention, and his two maxims regarding the relationship of the individual to society. ''On Liberty'' was a greatly influential and well-received work. Some classical liberals and libertarians have criticized it for its apparent discontinuity with ''Utilitarianism'', and vagueness in defining the arena within which individuals can contest government infringements on their p ...
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Isaiah Berlin
Sir Isaiah Berlin (6 June 1909 – 5 November 1997) was a Russian-British social and political theorist, philosopher, and historian of ideas. Although he became increasingly averse to writing for publication, his improvised lectures and talks were sometimes recorded and transcribed, and many of his spoken words were converted into published essays and books, both by himself and by others, especially by his principal editor from 1974, Henry Hardy. Born in Riga (now the capital of Latvia, then a part of the Russian Empire), he moved to Petrograd, Russia, at the age of 6, where he witnessed the Russian Revolution. In 1921 his family moved to England, and he was educated at St Paul's School, London, and Corpus Christi College, Oxford. In 1932, at the age of 23, Berlin was elected to a prize fellowship at All Souls College, Oxford. In addition to his own output, he translated works by Ivan Turgenev from Russian into English. During the Second World War he worked for the British Dipl ...
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Positive Liberty
Positive liberty, or positive freedom, 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.Berlin, Isaiah. ''Four Essays on Liberty''. 1969.Steven J. Heyman, "Positive and negative liberty." ''Chicago-Kent Law Review''. 68 (1992): 81-90 online/ref> The concepts of structure and agency are central to the concept of positive liberty because in order to be free, a person should be free from inhibitions of the social structure in carrying out their ambitions. Structurally, classism, sexism, ageism, ableism and racism can inhibit a person's freedom. As positive liberty is primarily concerned with the possession of sociological agency, it is enhanced by the ability of citizens to participate in government and have their voices, interests, and concerns recognized and acted upon. Isaiah ...
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United States Declaration Of Independence
The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continental Congress, who convened at Pennsylvania State House, later renamed Independence Hall, in the Colonial history of the United States, colonial capital of Philadelphia. These delegates became known as the nation's Founding Fathers of the United States, Founding Fathers. The Declaration explains why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British colonization of the Americas, British colonial rule, and has become one of the most circulated, reprinted, and influential documents in history. On June 11, 1776, the Second Continental Congress appointed the Committee of Five, including John Adams, Benjamin Franklin, Thomas Jefferson, Robert R. Livingston, and Roger Sherman, who were charged w ...
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Life, Liberty, And The Pursuit Of Happiness
"Life, Liberty, and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. Scanned image of the Jefferson's "original Rough draught" of the Declaration of Independence, written in June 1776, including all the changes made later by John Adams, Benjamin Franklin and other members of the committee, and by Congress. The phrase gives three examples of the unalienable rights which the Declaration says have been given to all humans by their Creator, and which governments are created to protect. Like the other principles in the Declaration of Independence, this phrase is not legally binding, but has been widely referenced and seen as an inspiration for the basis of government. Origin and phrasing The United States Declaration of Independence was drafted by Thomas Jefferson, and then edited by the Committee of Five, which consisted of Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston. It was then further ...
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Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ...
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