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What Is Liberty? Actually, what is the political struggle that we witness? It is the instinctive struggle of all people toward liberty. And what is this liberty, whose very name makes the heart beat faster and shakes the world? Is it not the union of all liberties — liberty of conscience, of education, of association, of the press, of travel, of labor, of trade? In short, is not liberty the freedom of every person to make full use of his faculties, so long as he does not harm other persons while doing so? Is not liberty the destruction of all despotism — including, of course, legal despotism? Finally, is not liberty the restricting of the law only to its rational sphere of organizing the right of the individual to lawful self- defense; of punishing injustice?
Our conceptions of liberty under the law are not narrow and cramped, but broad and tolerant. Our Constitution guarantees civil, political and religious liberty; fully, completely and adequately; and provides that 'no religious test shall ever be required as a qualification to any office or public trust under the United States'. This is the essence of freedom and toleration solemnly declared in the fundamental law of the land.
Liberty is not about class war, income war, race war, national war, a war between the sexes, or any other conflict apart from the core conflict between individuals and those who would seek power and control over the human spirit. Liberty is the dream that we can all work together, in ways of our choosing and of our own human volition, to realize a better life.
...the end of law is not to abolish or restrain, but to preserve and enlarge freedom: for in all the states of created beings capable of laws, where there is no law, there is no freedom: for liberty is, to be free from restraint and violence from others; which cannot be, where there is no law: but freedom is not, as we are told, a liberty for every man to do what he lists: (for who could be free, when every other man's humour might domineer over him?) but a liberty to dispose, and order as he lists, his person, actions, possessions, and his whole property, within the allowance of those laws under which he is, and therein not to be subject to the arbitrary will of another, but freely follow his own.
But freedom without law is freedom only for the strong at the expense of the weak. Freedom without law is therefore no freedom, but rather anarchy or tyranny. Law is the bond of all civil society. We are not asking a favour of a man when we ask him to obey the law. Obedience of the rule of law is necessary for the continuance of liberty itself. Doubtless you will point out that laws have not always been just—indeed they have been very unjust. In South Africa that certainly has been the case. Thankfully, that is now being remedied. And alongside that, democracy has yet to be achieved.
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Libertarianism is not libertinism or hedonism. It is not a claim that "people can do anything they want to, and nobody else can say anything." Rather, libertarianism proposes a society of liberty under law, in which individuals are free to pursue their own lives so long as they respect the equal rights of others. The rule of law means that individuals are governed by generally applicable and spontaneously developed legal rules, not by arbitrary commands; and that those rules should protect the freedom of individuals to pursue happiness in their own ways, not aim at any particular result or outcome.
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