Relation between freedom and law

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Relation between freedom and law

This article is written by Shubhi jaiswar, a 1st year law student from Pandit purnanand Tiwari law college Haridwar.

Freedom and law are opposed to each other –

Anarchy and individualist thinkers consider freedom and law to be opposed to each other. According to the anarchist thinkers, the state and its laws obstruct the path of freedom of man and on this basis is favored to abolish the state because the more power the state has, the more laws it will make and the more laws become. Freedom will be reduced. william Godwin – “Law is an institution of the most deadly nature.” Supporting freedom and
the law being hostile to each other, Dicey stated that “the greater the quantity of A, the lower the quantity of the other”. Therefore, the freedom of the individual will be safe only when the society will be devoid of the state, according to this view, the power of the state and the laws of the state obstruct the demand for freedom of the individual. Freedom and law are opposed to each other. Therefore freedom is possible only in the absence of laws.

Freedom and law complement each other 

This approach considers law to be the feeder of freedom.

1) Defenders of law freedom – Control of laws is necessary for all people to exercise
freedom. If the laws are not controlled by the citizens and they are left free, then most
human beings will not be able to exercise freedom. In the absence of laws, powerful
people of society will persecute the weak and will violate their freedomIn such a situation the freedom of citizens will not be safe. For example, constitutional law in India protects various freedoms of citizens.

2) is the father of freedom of law. – Law itself gives birth to freedom. DG has rightly said that “Freedom is the origin of law in the sense of providing definite opportunities for advancement and there is nothing that can stand apart from the state.” “Through the law, we made speech, expression, excursion, franchise property etcIs free.
3) The present public welfare state provides freedom to the citizens by making various laws – the present state is a public welfare state. Today the state is providing opportunities for multifaceted development to the citizens by making various laws related to education, health and employment.

Protection for freedom

Freedom means the economic, social and political freedom of the individual.This means that there should be no such restriction on man, but his freedom becomes a hindrance, but freedom becomes ineffective if his actions obstruct the freedom of individuals.
First Constitution – Protection of moral, social, legal political freedom. Laws govern the unbridled freedom of another person and protect the liberty of other citizens.
Second constitution – Freedom is the protector of state sovereignty and the laws of the state protect civil liberties by giving equal rights and opportunities to every person. The Constitution has given us freedom in terms of speech, expression, travel, voting, etc.
Third constitution – has provided opportunities for multifaceted development to theperson in the state. At the same time it has given ample opportunities for self-progress. It is helpful in protecting YES and its freedom and in a nutshell law is the dress and protector of freedom.

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