Understanding The Concept Of Liberty: Jurisprudential Perspectives And Its Socio- Political Relevance
- IJLLR Journal
- Jul 24
- 1 min read
Yogesh Pal, Research Scholar, Amity University, Haryana, India
ABSTRACT
Liberty, while often conflated with freedom, holds a more nuanced and legally grounded significance within societal structures. This paper explores the conceptual foundations of liberty, tracing its philosophical and legal interpretations through the lenses of eminent thinkers such as Hohfeld, Isaiah Berlin, John Stuart Mill, and Christopher Caudwell. It distinguishes liberty from absolute freedom, emphasizing that liberty is constrained by legal and ethical boundaries established to protect the rights of others. Berlin's dichotomy of positive and negative liberty reveals the tension between personal autonomy and social regulation, while Mill advocates for individual liberty as a safeguard against both governmental tyranny and the overreach of societal norms. Caudwell, through a Marxist framework, critiques capitalist structures that mask inequality under the illusion of liberty, asserting that true liberty lies in the capacity and resources to act freely. The study also connects these theoretical views with the constitutional guarantees of liberty in India, particularly Articles 19, 32, and 226, highlighting the judiciary's role in upholding these rights. Ultimately, the paper underscores liberty not just as a philosophical ideal but as a foundational element of a just and progressive society.
