Civil Liberties

liberty (in political science)

liberty, term used to describe various types of individual freedom, such as religious liberty, political liberty, freedom of speech, right of self-defense, and others. It is also used as a general term for the sum of specific liberties. Fundamental perhaps is personal liberty, the freedom of a person to come and go as he or she pleases without unwarranted restraint.

Historical Perspective

Liberty has a history that shows that it varies with time and place. In England prior to the Habeas Corpus Act (1679) a person could be seized and kept in prison indefinitely without trial or hearing. The common-law prohibition of conspiracy as dangerous to domestic peace and order was invoked far into the 19th cent. to limit the right of association in labor unions. Specifically political liberties, such as the general right to vote and to hold public office, were practically unknown before the 19th cent., when they were achieved by the liberal movement in England. The same is true of such civil liberties as freedom of speech and of the press. Freedom of conscience, the right of private judgment in religious matters, and the right to worship with groups of one's own choosing were nonexistent prior to the Protestant Reformation and still limited in most places for a long time afterward.

The Philosophical Concept of Liberty

Liberty has found philosophical expression in individualism and anarchism (an extreme form of individualism) and in nationalism. Such philosophers as John Locke and Jean Jacques Rousseau popularized the conception of the individual as having certain natural rights that could not be denied or taken away by society or by any external authority, rights that Thomas Jefferson spoke of in the Declaration of Independence as "unalienable" and that were embodied in the Bill of Rights of the Constitution. Rousseau especially thought of them as the rights possessed by people living in a "state of nature" and not surrendered, only modified, in the social contract by which they agreed to live together in society.

The Acquisition of Liberty

Political scientists point out that even in a state of nature people are subject to the law of nature and that the rights enjoyed by them in society are historically acquired and not natural except in a strictly social sense. Liberties are acquired through the joining of like-minded individuals to gain special privileges for themselves. Thus, through Magna Carta the English barons in 1215 wrested from King John certain freedoms that in time they had to share with the rest of the people.

The history of liberty in the later Middle Ages is that of numerous corporate groups, such as guilds of artisans and merchants, winning immunity from external control. By agreements with their feudal overlords these groups obtained release from certain feudal dues and bonds, gaining a limited freedom to carry on trade and manufacture, which formed the nucleus of the liberties extended to the bourgeoisie in the 19th cent. Some ethnic minorities, as in the Austro-Hungarian Monarchy, were able by a show of strength to gain legal status for their language and culture as well as assurance of some political rights. Freedom to follow the trade or profession of one's inclination, as of women to practice medicine, denied in most societies, was gained only in recent times. The feminist movement in the 19th and 20th cent. is a good example of the attempt to gain such rights.

The acquired nature of rights—their dependence on conditions of time and place—also makes them peculiarly subject to danger of loss. Liberties have had to be defended against encroachment, and sometimes populations have had their liberties curtailed. In times of national danger some rights may be suspended, as was the right of habeas corpus by President Abraham Lincoln in the American Civil War, and the struggle for rights not yet acquired may be discontinued.

The freedom for self-expression, as distinguished from the freedom from external restraint, has become increasingly important to the notion of liberty. Since medieval times liberty has been increased by the gradual but advancing removal of restraints once imposed by church and state, by custom and law; in the 20th cent. attention was turned to the creation of certain conditions regarded as necessary if individuals are to develop their fullest potential. The idea of equality, emphasized by the philosophers of the French Revolution, came to be closely associated with the idea of liberty in democratic societies—not equality based on a supposed equality of ability but equality of opportunity. Inequality, especially economic inequality, was held to be as great an obstacle to individual development as any form of external restraint. Therefore it was proposed that the state should seek to equalize as far as possible the conditions in such areas as education, health, and housing, thereby establishing economic and social security, and freedom from want and fear, so that every individual might have equal opportunity for self-realization.

The right of national groups to be independent and sovereign has also come to be regarded as a principle of liberty. Since 1945, more than 50 former colonial areas have become independent states (see imperialism). The UN Commission on Human Rights has sought to promote the extension of political and cultural liberty throughout the world through treaties and covenants, the most important of which has been the Declaration of Human Rights.

Bibliography

See J. S. Mill, On Liberty (1859, repr. 1972); H. Butterfield, Liberty in the Modern World (1952); S. Hook, Political Power and Personal Freedom (1959, repr. 1962); M. R. Konvitz, ed., Aspects of Liberty (1958, repr. 1965) and Expanding Liberties (1967); J. M. Swomley, Liberation Ethics (1972); J. David and R. B. McKay, ed., The Blessings of Liberty (1989); E. Foner, The Story of American Freedom (1998).

The Columbia Encyclopedia, 6th ed. Copyright© 2013, The Columbia University Press.

Selected full-text books and articles on this topic

The Birth of the Bill of Rights, 1776-1791
Robert Allen Rutland.
University of North Carolina Press, 1955
The Supreme Court and Civil Liberties Policy
Richard C. Cortner.
Mayfield Publishing, 1975
The Supreme Court and Civil Liberties: How the Court Has Protected the Bill of Rights
Osmond K. Fraenkel.
Oceana Publications, 1960
Righting a Wrong: Japanese Americans and the Passage of the Civil Liberties Act of 1988
Leslie T. Hatamiya.
Stanford University Press, 1993
The Deadly Sin of Terrorism: Its Effect on Democracy and Civil Liberty in Six Countries
David A. Charters.
Greenwood Press, 1994
National Security versus Civil Liberties
Baker, Nancy V.
Presidential Studies Quarterly, Vol. 33, No. 3, September 2003
Freedom Inside the Organization: Bringing Civil Liberties to the Workplace
David W. Ewing.
E. P. Dutton, 1977
The Fate of Liberty: Abraham Lincoln and Civil Liberties
Mark E. Neely Jr.
Oxford University Press, 1991
Fettered Freedom: Civil Liberties and the Slavery Controversy, 1830-1860
Russel B. Nye.
Michigan State College Press, 1949
Confederate Bastille: Jefferson Davis and Civil Liberties
Mark E. Neely Jr.
Marquette University Press, 1993
Freedom in the World: Political Rights and Civil Liberties, 1986-1987
Raymond D. Gastil; Leonard R. Sussman.
Greenwood Press, 1987
The International Covenant on Civil and Political Rights and United Kingdom Law
David Harris; Sarah Joseph.
Clarendon Press, 1995
You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws
David E. Bernstein.
Cato Institute, 2003
Search for more books and articles on civil liberties