Notes Freedom
Notes Freedom
Notes Freedom
NELSON MANDELA
The autobiography of one of the greatest persons of the twentieth century, Nelson Mandela, is titled
‘Long Walk to Freedom’.
. In this book he talks about his personal struggle against the apartheid regime in South Africa,
about the resistance of his people to the segregationist policies of the white regime, about the
humiliations, hardships and police brutalities suffered by the black people of South Africa.
For Mandela and his colleagues it was the struggle against such unjust constraints, the struggle to
remove the obstacles to the freedom of all the people of South Africa (not just the black or the
coloured but also the white people), that was the Long Walk to Freedom.
For this freedom, Mandela spent twenty-seven years of his life in jail, often in solitary confinement.
Imagine giving everything up and choosing instead to be locked up alone in a room, not knowing
when one would be released, only because one campaigned for the freedom of one’s people.
What is Freedom?
Further, are there any areas of our life and action that should be left free of all external
constraints?
HARM PRINCIPAL
Self Regarding Action
that with respect to actions or choices that affect only one’s self
the state (or any other external authority) has no business to interfere
Other Regarding Action
with respect to actions that have consequences for others, actions which may cause harm to
them
In this case it is the state which can constrain a person from acting in a way that causes
harm to someone else.
However, as freedom is at the core of human society, is so crucial for a dignified
human life, it should only be constrained in special circumstances.
HARM
MINOR HARM – Social diaapproval – No force of Law- Society needs to tolerate
Serious Harm - Needs the force of Law- actions on which constraints can be imposed
But we must make sure that the constraints imposed are not so severe that they
destroy freedom itself
In the constitutional discussions in India, the term used for such justifiable constraints
is ‘reasonable restrictions’. The restrictions may be there but they must be
reasonable, i.e., capable of being defended by reason, not excessive, not out of
proportion to the action being restricted, since then it would impinge on the general
condition of freedom in society.
EXAMPLE- Article 19 – Freedom of Speech and Expression
Clause 2 – in case of security issues this right is restricted.
LIBERALISM
When we say that someone’s parents are very ‘liberal’, we usually mean that they are very tolerant.
As a political ideology, liberalism has been identified with tolerance as a value. Liberals have often
defended the right of a person to hold and express his/her opinions and beliefs even when they disagree
with them.
But that is not all that there is to liberalism. And liberalism is not the only modern ideology that supports
tolerance. What is more distinctive about modern liberalism is its focus on the individual.
For liberals entities like family, society, community have no value in themselves, but only if these are
valued by individuals.
They would say, for example, that the decision to marry someone should be taken by the individual rather
than by the family, caste or the community.
Liberals tend to give priority to individual liberty over values like equality. They also tend to be suspicious
of political authority.
Historically, liberalism favoured free market and minimal role to the state. However, present day liberalism
acknowledges a role for welfare state and accepts the need for measures to reduce both social and economic
inequalities
Negative Liberty –
freedom as the absence of external constraints, and freedom as the expansion of
opportunities to express one’s self
This is an area in which no external authority can interfere.
It is a minimum area that is sacred and in which whatever the individual does, is
not to be interfered with.
The existence of the ‘minimum area of noninterference’ is the recognition that
human nature and human dignity need an area where the person can act
unobstructed by others.
If the area is too small then human dignity gets compromised.
Negative liberty arguments are in response to the question: ‘Over what area am I
the master?’ It is concerned with explaining the idea of ‘freedom from’.
( Authority)
While enjoying negative liberty you destroy yourself. It harms its
ownself.
Positive Liberty-
the arguments of positive liberty are concerned with explaining the idea of
‘freedom to’.
It is concerned with looking at the conditions and nature of the relationship
between the individual and society and of improving these conditions such that
there are fewer constraints to the development of the individual personality.
Positive liberty recognises that one can be free only in society (not outside it) and
hence tries to make that society such that it enables the development of the
individual.
Government may become tyrant under positive linerty.
Freedom of Expression
The issue of freedom of expression is related to the smallest area of non interference
John Stauart Mill, in his book ‘On Liberty’, argued strongly that freedom of expression should be
given to those whose views seem wrong and misleading in today’s situations.
Freedom of expression is a fundamental value and for that society must be willing to bear some
inconvenience to protect it from people who want to restrict it. Remember Voltaire’s statement —
‘I disapprove of what you say but I will defend to death your right to say it’
Constraints of different kind thus exist and we are subject to them in different situations. While
reflecting on such situations we need to realise that when constraints are backed by organised social
— religious or cultural — authority or by the might of the state, they restrict our freedom in ways
that are difficult to fight against.
if we willingly, or for the sake of pursuing our goals or ambitions, accept certain restrictions, our
freedom is not similarly limited.
In any case if we are not coerced into accepting the conditions, then we cannot claim that our
freedom has been curtailed.