MAIN SUPPORTER OF NEGATIVE LIBERTY & CRITICISM 

Topic Cover –BA Sem-II Modern Political Theory

Submitted By

Dr. Jiwan Devi

Dept. of Political Science

HMV Jalandhar, Punjab, India

INTRODUCTION

• The  negative  theory  of Liberty  is a reaction  against  the  absolute state and is the supporter of giving complete freedom to man in every field of life.​
• This theory  is in favour of ending all limitations put on an individual.  
• According to  the supporters of this theory, Liberty means ‘absence of restraints’ and  individual should be free to do everything according to his free   will. 
• While  explaining  the meaning  of Negative Liberty,   DD Raphael has said ,  “freedom means  absence  of restraints.”  

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• A man is free so far as he is not restrained from  doing  what  he wants to do or  what  he  would choose to do if he knew  that he could.
• Since an individual cannot  be given absolute freedom,   some  of the supporters of the negative theory of Liberty are not in favour of leaving the man free . 
• We can say that supporters of the negative theory of Liberty are in favour of giving  the maximum Liberty to an individual by limiting the functions of the state.​

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MEANING OF LIBERTY

• The term liberty is derived from the Latin word liber, which means “absence of restraints”.
• In other words, liberty implies freedom to act without being subject to any restraint.
• Liberty signifies “a power or capacity of doing or enjoying something worth doing or enjoying.”
• Negative Liberty: Negative liberty means, “absence of external restraints”. The supporters of Negative liberty include John Locke, Adam Smith and Herbert Spencer.

CONCEPT OF LIBERTY

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• The term liberty means freedom. Freedom can be understood in different ways i.e. freedom of speech, freedom to move, freedom to practice profession of one choice, freedom to practice and propagate religion of one’s choice.
• In short freedom means absence of any kind of restrictions, where a person can do whatever he/she wishes to without any hindrance.

• In order to understand freedom in a better way we can take some other examples like desire of bird in a cage to fly in the open air, desire of the prisoner to set himself free from the prison and lead a free life, desire of patient to go home who is admitted long time in a hospital for treatment.
• Freedom also implies non-interference in once life in any form word or action.

MAIN SUPPORTERS OF THIS THEORY ​

• Locke’s individualism— Locke treats the right to life , right to Liberty and right to property as natural rights  of human beings  . 
• He thinks  that  the state came into existence for  protecting these rights  . 
• Therefore ,any laws of the  state which  limits  the  right of property,  right to life and right to Liberty is not judicious .
• Locke  considers the state as means  which did not come into existence for limiting the rights of individual but to protect the state  from  external  dangers  and to maintain internal  peace.​

• Laissez Faire  Theory  of Adam Smith and Ricardo —Adam Smith and Ricardo were in  favour of giving  economic Liberty to man.
•   They think that if state does not only interference in economic sphere  then it will not only increase production but also protect human liberty.  
• This will further make possible human development and the growth of society.  
• So, state should not make laws to regulate production.​

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INDIVIDUALISM OF  HERBERT SPENCER AND MACAULAY​

• Herbert Spencer  was the main supporter of Negative aspect of Liberty. 
• He  thinks   He wrote in his famous book ‘Man  versus the state’  that state was against human Liberty.
• Spencer is not in favour  of giving any function to state except Protecting from external invasions  and to maintain internal peace .

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• He thinks to state  that any function except these  two functions  performed by the  state are against  personal liberty.​
• Macaulay  was also in favour  of giving economic Liberty and wanted to make the world and open and free market.​
• According to him,  there  should  be no restriction on the production and the sales of the goods and state should interfere in it.​

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VIEWS OF J. S. MILL​

Mill divides the functions of human beings into two parts —​

1.Self regarding functions​

2. Others regarding functions.​

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According to Mill  ,self regarding functions  are those functions  which affect only the person concerned and others regarding functions are those which affect the other persons.​

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• Mill in in favour of giving complete liberty in self – regarding functions. ​
• He does not accept any type of intervention by the state in self –regarding functions . ​
• He thinks,“  Over himself ,over the own body and mind the individual in sovereign.​

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IMPORTANT POINTS OF NEGATIVE LIBERTY

i) Liberty is a negative thing- the absence of restraints.

ii) An individual is rational and only he/she knows what is his/her interest. For the development of his/her personality he/she needs certain liberties. They has a personal sphere of their own, distinct from that of the society.

iii) Each individual should be given personal liberty with regard to their personal affairs and the society or the State must not interfere with it. Among these personal liberties, the liberties of thought and discussion, of association and assembly are the most important.

iv) There is no conflict between the personal interest and social interest and by serving his own interests an individual also serves the social interest.

v) Personal leaving a man free in his personal affairs will lead to personal and social development. Personal development is in harmony with social development.

vi) Those actions of individual which influence the society can be controlled by the State through the laws. But this interference of the State should be minimal.

vii) The laws of the State cannot take away personal liberty, but can only regulate it for overall social welfare.

viii) Democratic government is not a sufficient guarantee of personal liberty as it may lead to tyranny of the majority or a collective mediocrity and may crush minorities.

ix) There is a difference between liberty and necessary socio-economic conditions for the realization of liberty. Liberty may be against justice and equality and in a dictatorship of man may have more liberty than in a democracy.

CRITICISM OF THIS THEORY ​

Liberty is not License—

• We know very well that liberty is not absence of restraints  . 
• In other words , liberty is not license  .
• Liberty is such an environment which is necessary for the development of man according to social interests  .
• Such a freedom can be given to an individual only in the state of anarchy.​

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• Laws  do not limit the freedom —supporters of the negative aspect  of liberty think that laws  limit  the liberty, but this is wrong .
• Actually laws create an atmosphere in which liberty can be enjoyed. Laws also protect liberty.
• Laws prevents  man to commit suicide in this way law protects the life of the man.​

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• Functions of the state cannot limited: supporters of the negative aspect of liberty advocate that states functions should be limited, because more functions of the state limit the liberty of man .
• But this view is not correct because present states perform most of the functions for the welfare of man.​

It is the Theory of capitalist class :

• The negative theory of liberty is in favour of the rich as it gives them complete freedom in economic field and they get an opportunity to exploit the poor . ​
• But for the protection of the poor workers’ ,the control of the state over the economic policies is essential.​

Liberty is not the natural right of the individual:

• To say  that liberty is natural right is also wrong.
• Individual can enjoy rights and liberty only in the state. Absolute liberty is neither possible nor desirable.​

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CONCLUSION ​

• After reading these views ,we can conclude that though the supporters of the  negative aspect of liberty want absence of all restraints  , yet ,man cannot be given freedom to do whatever he likes .
• Liberty can be enjoyed only in restraints .
• We should remember that liberty is universal and everybody gets its equally .
• Therefore, one man’s liberty cannot become hindrance in the way of the liberty of other because the  liberty which l get ,  the others also get the same.​

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• Negative liberty is the minimum non-interference area of . It seeks to define and defend a zone of inviolability for the individual. It is concerned with explaining the concept of “liberty” It recognizes that human nature and human dignity require a space where people can act freely.
• The supporter of negative liberty John Locke, Jeremy Bentham, Robert Nozick and Hayek are belongs to Negative liberty.

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THANK YOU!