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Sunday, 3 June 2018

Which one of the following reflects the most appropriate relationship between law and liberty?

  By GK Planet Team       Sunday, 3 June 2018
Q. Which one of the following reflects the most appropriate relationship between law and liberty? 
  1. If there are more laws. there is less liberty 
  2. If there are no laws, there is no liberty. 
  3. If there is liberty, the laws have to be made by the people.
  4. If laws are changed too often, liberty is in danger.
Answer: If there are no laws, there is no liberty.

Liberty does not mean the complete absence of all laws. Liberty exists only in an ordered state. The state frames law and the sovereign state operate through these laws. There is a close relationship between liberty, sovereignty and law. Though this view seems sound yet a number of political thinkers do not accept this view.

“Where there is no law there is no freedom”, says John Locke. Therefore, the existence of law is essential for the existence of liberty. It is the laws that protect liberty. In the absence of law the individual will have to seek the help of might in ‘order to safeguard his liberty.

And there will be “might is right”. 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.

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.
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Thanks for reading Which one of the following reflects the most appropriate relationship between law and liberty?

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