Liberty

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 under the rule of law without depriving anyone else of their freedom. Liberty can be taken away as a form of punishment. In many countries, people can be deprived of their liberty if they are convicted of criminal acts.

Liberty

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Liberty originates from the Latin word libertas, derived from the name of the goddess Libertas, who, along with more modern personifications, is often used to portray the concept, and the archaic Roman god Liber.[citation needed] The word "liberty" is often used in slogans, such as in "Life, Liberty, and the pursuit of Happiness"[3] and "Libert, galit, fraternit".[4]

In the state of nature, liberty consists of being free from any superior power on Earth. People are not under the will or lawmaking authority of others but have only the law of nature for their rule. In political society, liberty consists of being under no other lawmaking power except that established by consent in the commonwealth. People are free from the dominion of any will or legal restraint apart from that enacted by their own constituted lawmaking power according to the trust put in it. Thus, freedom is not as Sir Robert Filmer defines it: 'A liberty for everyone to do what he likes, to live as he pleases, and not to be tied by any laws.' Freedom is constrained by laws in both the state of nature and political society. Freedom of nature is to be under no other restraint but the law of nature. Freedom of people under government is to be under no restraint apart from standing rules to live by that are common to everyone in the society and made by the lawmaking power established in it. Persons have a right or liberty to (1) follow their own will in all things that the law has not prohibited and (2) not be subject to the inconstant, uncertain, unknown, and arbitrary wills of others.[6]

In his 1958 lecture "Two Concepts of Liberty", Isaiah Berlin formally framed the differences between two perspectives as the distinction between two opposite concepts of liberty: positive liberty and negative liberty. The latter designates a negative condition in which an individual is protected from tyranny and the arbitrary exercise of authority, while the former refers to the liberty that comes from self-mastery, the freedom from inner compulsions such as weakness and fear.[8]

The modern concept of political liberty has its origins in the Greek concepts of freedom and slavery.[9] To be free, to the Greeks, was not to have a master, to be independent from a master (to live as one likes).[10][11] That was the original Greek concept of freedom. It is closely linked with the concept of democracy, as Aristotle put it:

Roman law also embraced certain limited forms of liberty, even under the rule of the Roman Emperors. However, these liberties were accorded only to Roman citizens. Many of the liberties enjoyed under Roman law endured through the Middle Ages, but were enjoyed solely by the nobility, rarely by the common man.[citation needed] The idea of inalienable and universal liberties had to wait until the Age of Enlightenment.

The social contract theory, most influentially formulated by Hobbes, John Locke and Rousseau (though first suggested by Plato in The Republic), was among the first to provide a political classification of rights, in particular through the notion of sovereignty and of natural rights. The thinkers of the Enlightenment reasoned that law governed both heavenly and human affairs, and that law gave the king his power, rather than the king's power giving force to law. This conception of law would find its culmination in the ideas of Montesquieu. The conception of law as a relationship between individuals, rather than families, came to the fore, and with it the increasing focus on individual liberty as a fundamental reality, given by "Nature and Nature's God," which, in the ideal state, would be as universal as possible.

In On Liberty, John Stuart Mill sought to define the "...nature and limits of the power which can be legitimately exercised by society over the individual," and as such, he describes an inherent and continuous antagonism between liberty and authority and thus, the prevailing question becomes "how to make the fitting adjustment between individual independence and social control".[18]

According to the 1776 United States Declaration of Independence, all people have a natural right to "Life, Liberty and the pursuit of Happiness". This declaration of liberty was troubled for 90 years by the continued institutionalization of legalized Black slavery, as slave owners argued that their liberty was paramount since it involved property, their slaves, and that Blacks had no rights that any White man was obliged to recognize. The Supreme Court, in the 1857 Dred Scott decision, upheld this principle. In 1866, after the American Civil War, the US Constitution was amended to extend rights to persons of color, and in 1920 voting rights were extended to women.[27]

By the later half of the 20th century, liberty was expanded further to prohibit government interference with personal choices. In the 1965 United States Supreme Court decision Griswold v. Connecticut, Justice William O. Douglas argued that liberties relating to personal relationships, such as marriage, have a unique primacy of place in the hierarchy of freedoms.[28] Jacob M. Appel has summarized this principle:

In modern America, various competing ideologies have divergent views about how best to promote liberty. Liberals in the original sense of the word see equality as a necessary component of freedom. Progressives stress freedom from business monopoly as essential. Libertarians disagree, and see economic and individual freedom as best. The Tea Party movement sees "big government" as an enemy of freedom.[30][31] Other major participants in the modern American libertarian movement include the Libertarian Party,[32] the Free State Project,[33][34] and the Mises Institute.[35]

France supported the Americans in their revolt against English rule and, in 1789, overthrew their own monarchy, with the cry of "Libert, galit, fraternit". The bloodbath that followed, known as the reign of terror, soured many people on the idea of liberty. Edmund Burke, considered one of the fathers of conservatism, wrote "The French had shewn themselves the ablest architects of ruin that had hitherto existed in the world."[36]

According to the Encyclopdia Britannica, libertarians hold liberty as their primary political value.[40] Their approach to implementing liberty involves opposing any governmental coercion, aside from that which is necessary to prevent individuals from coercing each other.[41]

Libertarianism is guided by the principle commonly known as the Non-Aggression Principle (NAP). The Non-Aggression Principle asserts that aggression against an individual or an individual's property is always an immoral violation of one's life, liberty, and property rights.[42][43] Utilizing deceit instead of consent to achieve ends is also a violation of the Non-Aggression principle. Therefore, under the framework of the Non-Aggression principle, rape, murder, deception, involuntary taxation, government regulation, and other behaviors that initiate aggression against otherwise peaceful individuals are considered violations of this principle.[44] This principle is most commonly adhered to by libertarians. A common elevator pitch for this principle is, "Good ideas don't require force."[45]

According to republican theorists of freedom, like the historian Quentin Skinner[46][47] or the philosopher Philip Pettit,[48] one's liberty should not be viewed as the absence of interference in one's actions, but as non-domination. According to this view, which originates in the Roman Digest, to be a liber homo, a free man, means not being subject to another's arbitrary will, that is to say, dominated by another. They also cite Machiavelli who asserted that you must be a member of a free self-governing civil association, a republic, if you are to enjoy individual liberty.[49]

The predominance of this view of liberty among parliamentarians during the English Civil War resulted in the creation of the liberal concept of freedom as non-interference in Thomas Hobbes' Leviathan.[citation needed]

While many anarchists see freedom slightly differently, all oppose authority, including the authority of the state, of capitalism, and of nationalism.[55] For the Russian revolutionary anarchist Mikhail Bakunin, liberty did not mean an abstract ideal but a concrete reality based on the equal liberty of others. In a positive sense, liberty consists of "the fullest development of all the faculties and powers of every human being, by education, by scientific training, and by material prosperity." Such a conception of liberty is "eminently social, because it can only be realized in society," not in isolation. In a negative sense, liberty is "the revolt of the individual against all divine, collective, and individual authority."[56]

Commercial use of Liberty State Park's trailered boat launch and car-top boat launch requires a Special Use Permit. Such activities inlcude, but are not limited to, paid guided kayak tours, paid overland transport, and launching for marine survey operations. For more information please reach out to: libertystateparkpermits@dep.nj.gov ff782bc1db