While positive liberty is the possibility of acting to realise one&rsq...
- Positive liberty is the possibility of acting — or the fact of acting — in such a way as to take control of one’s life and realize one’s fundamental purposes.
- Negative liberty is the absence of external obstacles, barriers or constraints.
- While negative liberty is usually attributed to individual agents, positive liberty is sometimes attributed to collectivities, or to individuals considered primarily as members of given collectivities. In its political form, positive freedom has often been thought of as necessarily achieved through a collectivity.
- Negative Liberty in the Indian Constitution:
(i) Article 14 states that “State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India” In this article, the constitution has put an obligation overstate to ensure equality before the law and equal protection of the law. Thus, it is negative in nature.
(ii) Article 21: Protection of life and personal liberty "No person shall be deprived of his life or personal liberty except according to the procedure established by law". This again puts an obligation on states to not deprive a person of his/her life and personal liberty. The event could be attributed to negative liberty.
(iii) Article 22(1) Protection against arrest and detention in certain cases: No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice - Positive rights or liberty are those which confer certain privileges on the person or community. For example, Right to religious freedom (Article 25-28) and cultural and educational right (Article 29-30). These rights confer certain special provisions for protection and uplifitment of minorities. Thus, these are called positive rights.
(i) Article 25 (1) Freedom of conscience and free profession, practice and propagation of religion: Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. This statement confers privilege upon a person to carry out his religious affairs, thus this could be seen as a positive concept of rights, o Article 16: Equality of opportunity in matters of public employment : (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
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While positive liberty is the possibility of acting to realise one&rsq...
- Positive liberty is the possibility of acting — or the fact of acting — in such a way as to take control of one’s life and realize one’s fundamental purposes.
- Negative liberty is the absence of external obstacles, barriers or constraints.
- While negative liberty is usually attributed to individual agents, positive liberty is sometimes attributed to collectivities, or to individuals considered primarily as members of given collectivities. In its political form, positive freedom has often been thought of as necessarily achieved through a collectivity.
- Negative Liberty in the Indian Constitution:
(i) Article 14 states that “State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India” In this article, the constitution has put an obligation overstate to ensure equality before the law and equal protection of the law. Thus, it is negative in nature.
(ii) Article 21: Protection of life and personal liberty "No person shall be deprived of his life or personal liberty except according to the procedure established by law". This again puts an obligation on states to not deprive a person of his/her life and personal liberty. The event could be attributed to negative liberty.
(iii) Article 22(1) Protection against arrest and detention in certain cases: No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice - Positive rights or liberty are those which confer certain privileges on the person or community. For example, Right to religious freedom (Article 25-28) and cultural and educational right (Article 29-30). These rights confer certain special provisions for protection and uplifitment of minorities. Thus, these are called positive rights.
(i) Article 25 (1) Freedom of conscience and free profession, practice and propagation of religion: Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. This statement confers privilege upon a person to carry out his religious affairs, thus this could be seen as a positive concept of rights, o Article 16: Equality of opportunity in matters of public employment : (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
While positive liberty is the possibility of acting to realise one&rsq...
's potential and achieve one's goals, negative liberty is the absence of external constraints or interference that allows individuals to act freely. Positive liberty focuses on the individual's ability to actively pursue their desires and aspirations, while negative liberty emphasizes the absence of obstacles or restrictions that prevent individuals from exercising their freedom.
Positive liberty is often associated with the idea of self-determination and self-actualization. It emphasizes the importance of providing individuals with the necessary resources, opportunities, and capabilities to pursue their goals. This can include access to education, healthcare, employment opportunities, and other social and economic resources that enable individuals to fulfill their potential and lead fulfilling lives.
On the other hand, negative liberty is concerned with the absence of external constraints or interference that limit individual freedom. It emphasizes the importance of protecting individual rights and liberties, such as freedom of speech, freedom of religion, and freedom of association. Negative liberty is often associated with limited government intervention and a focus on individual autonomy and choice.
While positive and negative liberty are often viewed as distinct concepts, they are not necessarily mutually exclusive. In practice, both positive and negative liberty are necessary for individuals to fully exercise their freedom. For example, individuals need the absence of external constraints (negative liberty) to freely pursue their goals, but they also need the necessary resources and opportunities (positive liberty) to effectively do so.
Overall, positive liberty and negative liberty are two different perspectives on freedom, with positive liberty focusing on the ability to pursue one's goals and potential, and negative liberty focusing on the absence of external constraints or interference. Both concepts are important in understanding and promoting individual freedom and autonomy.
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