“Liberty is a concept about whose nature men have quarreled perhaps more than about any other”- Christopher Caudwell. Get a comprehensive idea about the concept of "Liberty" through this presentation.
The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government.
It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to be
The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties.
The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government.
It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to be
The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties.
Detailed Analysis of Artcile 13 with relevant case laws and study of pre and post constitutional laws with reference to Doctrine of Eclipse and Severability. Doctrine of Waiver. Amenability of the Fundamental Rights.
What is Rajya Sabah. What are its powers, Functions and activities? How is it related with Lok Sabha? all the questions have been answered in the presentation.
OBJECTIVE
The objective of this webinar is to provide an understanding of a few more constitutional provisions related to Fundamental Rights. This webinar is the fourth of the Constitution Webinar Series. In this webinar, we will elaborately discuss the Freedom of speech and expression along with the sacrosanct Right to Life and Personal Liberty along with the Right against Exploitation.
Detailed Analysis of Artcile 13 with relevant case laws and study of pre and post constitutional laws with reference to Doctrine of Eclipse and Severability. Doctrine of Waiver. Amenability of the Fundamental Rights.
What is Rajya Sabah. What are its powers, Functions and activities? How is it related with Lok Sabha? all the questions have been answered in the presentation.
OBJECTIVE
The objective of this webinar is to provide an understanding of a few more constitutional provisions related to Fundamental Rights. This webinar is the fourth of the Constitution Webinar Series. In this webinar, we will elaborately discuss the Freedom of speech and expression along with the sacrosanct Right to Life and Personal Liberty along with the Right against Exploitation.
Week 1, Lecture B Do We Need A GovernmentOften we use words .docxcelenarouzie
Week 1, Lecture B: "Do We Need A Government?"
Often we use words like freedom and liberty without ever thinking about what these words mean. We assume that we all mean the same thing by these words; however, in reality, we all live by different personal definitions of freedom and liberty. Our definitions are not based on a dictionary but are informed by our unique personal life experiences. Consider the diversity even in this course. How might someone understand words like liberty and freedom from a background, culture, age, gender, or even race that is different from yours? Each of us has a unique story that has brought us to this point – and each of our stories is intrinsically valuable and important.
If we think about this level of diversity – how and why do such different individuals come together to exist together in a society?
The State of Nature, or Life Without Government
Simply, freedom and liberty are not the same thing. Let’s consider what we mean by freedom. For our purposes, freedom is doing whatever you want to do, whenever you want to do it.
If everyone had absolute freedom and could do whatever they wanted whenever they wanted what would our world look like? What would our relationships with each other look like?
These are the questions that political philosophers such as Thomas Hobbes and John Locke asked. These are also question that our founders asked as they pondered the creation of a new nation. They called this condition of absolute freedom the State of Nature – a state in which people lived in absolute freedom with no social structures or government.
For Hobbes, life in this state of nature looked very terrible. Hobbes described the state of nature as:
“In such condition there is no place for industry, because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving and removing such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short…”
Additionally, Hobbes suggested:
“For before constitution of sovereign power, as hath already been shown, all men had right to all things, which necessarily causeth war.”
For Hobbes, freedom was each individual having the right to all things. If you have new car, in the state of nature, I have right to take your new car – even by force and violence.
Hobbes is saying that in the state of nature, or trying to live life without government, no form of cooperation between individuals is possible and thus there will be no grocery stores, no computers, no smartphones, no art, and each individual will suffer a very quick and violent death.
The founders of our nation shared Hobbes’ fairly pessimistic outlook regarding human nature. James Madison famously wrote i.
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
International Human Rights Law
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
Universal Declaration of Human Rights
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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2. The word “Liberty” has been derived from Latin word
“Liber”.
Liberty has 3 connotations-
1) Choice
2) Absence of Constraints
3) Conditions for Existence
3. “Liberty is a concept about
whose nature men have
quarreled perhaps more than
about any other”
4. Two Cateogries of Liberty-
1) Freedom as non-commitment-
One’s freedom to choose between certain
alternatives, uncommitted by prior decision or
obligation
2) Freedom as non-obstruction-
The freedom to enact the choice one has
made in any instance.
5. As long as one has not yet deliberated and
formed a decision between certain alternatives,
one is free to do one or another of the
alternatives. The very fact of deliberating and
making up one’s mind means that that freedom
is lost.
6. “Freedom signifies the absence of all
impediments to action that aren’t contained in
the nature and intrinsic quality of the agent.”
-Thomas Hobbes
7. When the impediments to motion are external, then an entity
is said to lack freedom.
When the impediments to motion are internal, an entity is
said to lack power.
8. For choice to be exercised in exercise of Liberty,
existence conditions have to exist. Such
conditions can include material resources as well
as a moral framework, both of which find place
in John Locke’s understanding of Liberty.
Locke understands liberty as choice exercised in
a moral framework. The moral framework is
based on the Laws of Nature of which equality is
a major tenet.
9. Both Hobbes and Locke just refer to preserving
oneself or operating within a moral framework,
but neither of them address the hindrances of
hierarchy and inequality in exercise of liberty.
These hindrances are addressed in Rousseau’s
thought.
Saw Liberty as a collective virtue, and as
freeing oneself from the pursuit of selfish
motives towards the larger good for the entire
community.
10. “A free people obeys, but
does not serve, has leaders
but no masters, it obeys
laws, and it is due to the
strength of laws that it is
not forced to obey man.”
11.
12. “Liberty consists only in the
power to do what we ought
to will, and in not being
made to do what we ought
not to will”
13. Bentham being a utilitarian had seen a
positive correlation between liberty and
pleasure.
Liberty for Bentham hence is viewed
though the utilitarian maxim of “Greatest
Happiness of the Greatest Number”.
14. 1) Such a notion of liberty isn’t accompanied
by a sense of moral responsibility.
2) Secondly, it violates the “Harm
principle”
3) Thirdly, the utilitarian maxim of the
“Greatest Happiness to Greatest
Number” is violated.
15. What defines human nature is the
ability to express creativity, and the
circumstances that create situations
of inability of expression of self are
those that deny liberty.
Marx held capitalism responsible
for the lack of opportunities of self
realization.
16. The distinction was introduced by Isaiah
Berlin in his 1958 lecture "Two Concepts
of Liberty", because of the issue of that
arose from the argument that if being free
means being self- determined and entails
control over temptations to take care of real
interests, then the individuals might not be
free.
Sir Isaiah Berlin
17.
18. The most comprehensive views on
Positive Liberty were expressed by H.J
Laski in his book ‘A Grammar of
Politics’.
His views can be discussed on three
premises:
(i) Nature of liberty.
(ii) Kinds of liberty.
(iii) Safeguards to liberty.
H.J. Laski
20. On the whole Mill's concept of
Liberty was negative and based
upon non interference.
He objected to social control over
what he regarded as the self
regarding activities of the
individual because he considered
all restraints as evil.
John Stuart Mill
21. •The relationship between liberty and democracy is complex, as
being part of a democracy entails limiting certain personal liberties
at the expense of democratic principles, while people safeguard their
individual liberties by putting limitations on democracy.
•Liberty is an integral part of democracy and helps in upholding the
democratic character of a sate, both are mutually compatible and
inextricably linked with each other.
22. Liberty and equality have a very complex
relationship and tend to conflict or
compliment each other.
Reasons for conflict-
1. The scarcity of resources and nature of their
distribution.
2. Equation with “Fairness”.
3. Practice of one at the cost of the another.
Reason for complimentary relationship-
1. Equality provides equal opportunity to be
liberated.
23. 1. Bhargava Rajeev and Acharya , Ashok (Editors)- Political Theory An
Introduction, Pearson Education, Delhi, 2008
2. Haywood Andrew- Political Theory- An Introduction, Palgrave
Macmillan, New York, 2004.
3. Haywood Andrew- Key Concepts in Politics, Palgrave Macmillan,
New York, 2000.
4. Thomson David- Political Ideas, Pelican Books, Great Britain 1969.
5. www.jstore.org