The Real Story of the American Revolution

Defining Liberty

What is a Liberty? | What is a Law? | Tyranny of Kings | Tyranny of the Majority | References

Latest Changes: 07Mar - created 07Sep12 - add link to EDSITEment /

What is Liberty?  Liberty is defined as the ability to make a choice between several alternatives and to carry out that chosen alternative without being forced by another person to make or to avoid any specific choice. Many modern societies consider that the provision of equal liberties for all citizens is a major goal for governance and laws. Allowing people to make decisions implies that they receive information needed to make a decision. One problem with a simple democracy -- in which the entire population votes on all matters -- is that the time required to distribute information, discuss it broadly, and come to a collective decision and develop a strong response can take so long that a crisis such as invasion can overwhelm and extinguish the group. In earlier times, many societies were organized to provide rapid military or social response to external threats by having a small number of people decide what was best for the community and then transmitting that decision as a dictate for community action. The leaders usually ended up with very lavish lifestyles funded by their subjects, who were often jealous and resentful of the leaders. Over the centuries people have sought ways to increase the control people have over their own lives (their liberty) without compromising the strength of the community by having a diffuse leadership dependent on extensive communication and consultation before being able to act. Four Basic Freedoms (2007) [EDSITEment, National Endowment for the Humanities] - a lesson plan with resources; suitable for Grades 9-12.

What is a Law?  Laws are statements of what a person can and cannot do to avoid penalties imposed by the state. Laws protecting liberty are usually divided into three categories: political (governance) -- whether and how you may express your opinion about "matters of state", whether and how you may be appointed or become a candidate for office, whether you may assemble with others to discuss matters of common interest, whether you will be conscripted or may volunteer for military service, what constitutes a crime for which you may be punished, who has the responsibility of enforcing the laws (investigation and detention prior to trial), how your guilt or innocence will be determined and by whom, how the sentence will be determined and by whom social (community interactions) -- where you may live, with whom you may associate, what religion you may practice, who may provide health care or legal services, whether and where and when you may travel outside of your house for business or pleasure, economic (owning and using property) -- what tax you mst pay on what you own or what you earn or what you sell, what you may do with what you own, what education you may have, what occupations you may undertake, what and when and how you may buy or sell goods and services , limits on how your assets may be distributed after you die. Laws express the rules that the governing body of a community believes should guide individuals in the community to work most efficiently and effectively toward the community's goals. The law often defines a boundary beyond which one individual's action would infringe unacceptably on another individual's liberty. For example, laws exist to make it illegal to vote twice in one election, to shout "Watch out, he has a bomb!" in a crowded restaurant, or to cheat someone in a business transaction.

Curbing the Tyranny of Kings  The development of governance in religion, which has always had structures that existed in parallel with political structures, has influenced people's views on political governance. For example, the basis for a person's worthiness for respect in the community has been viewed differently over time as religious and philosophical views have changed. Where once a king was considered to be a person chosen by an infallible and all-powerful God to lead (dictate to) the nation (and thus worthy of very high respect), Christianity of the "enlightenment" era viewed Man as inherently sinful and in need of redemption, with the community leader expected to be the servant of the people, making their well-being a significant concern for governance. The Magna Carta (1215) established the principle that even the king was subject to the law. This was the start (in England) of a process in which governance changed from being the self-centered decisions of a few warlords to being the considered judgment (based on written principles) of a broader constituency, which ultimately became the Parliament.

Escaping the Tyranny of the Majority  As soon as travel to America became economically feasible settlers came here because the long distance from organized government and religion provided an opportunity for liberty to practice their sect of Christianity without persecution from the sects that dominated the British political scene. The Mayflower Compact of 1620 stated that the purpose of laws was for the general good of the community. The second paragraph specified that the inhabitants would have freedom of religion (as long as it did not disturb the civil peace). People from many other kingdoms also fled difficult circumstances in Europe to face the challenges of creating farms from forests or developing businesses in newly-organized communities in America. Some of the incentives to make a dangerous journey to a distant land with its own perils were the hopes that in America they would not be persecuted (social penalties) for practicing their religion (which might not be the state religion in their previous homeland). in America they would not be prosecuted (legal penalties) for chosing their own leaders (who might be considered unacceptable to the power structure in their previous homeland). in America their wealth would not be confiscated (economic penalties) by jealous neighbors if they turned wilderness into rich farmland or if they could establish a successful trading network. These hopes were not always fulfilled. The Massachusetts Bay Colony became vigilant and vigorous in punishing and expelling people whose religious ideas were not consistent with the majority view. However, many of the other colonies consisted of a broad mix of people from various kingdoms in Europe; people who practiced different religions, explored various political philosophies, and strove to derive economic advantage from the rich natural resources in America. In general they were able to live as good neighbors without infringing on each others' liberties.

Annotated References  Dictionaries generally provide several definitions of liberty. You might also check the definitions of free, freedom, liberal, law, license, and licentious. HOMEWORK ASSIGNMENT: Write a paragraph on each of five different words that are similar in meaning to the word "liberty", noting in what way the meaning for each one differs (or does not) from the meaning of the word "liberty". Encyclopedias generally contain an article about liberty or freedom, noting major historical developments of liberty in such areas as governance, commerce, philosophy, and the arts. A thesaurus suggests alternative words with similar meanings (although they usually have different nuances of meaning).

Major texts in the development of liberty in Europe and America are listed below in order of the date they were published: The Magna Carta (1215) provided a written and legal basis for many liberties that had developed during the feudal period. RSAR Documents has a link to the full text online. The Mayflower Compact (1620) was an agreement by the Pilgrim settlers of Plymouth MA to enact just and equal laws for the good of the colony. This provided for self-governance of the colony as opposed to governance directed from England. RSAR Documents has a link to the full text online. The English Bill of Rights (1689) was essentially an employment contract, in which William of Orange agreed that in exchange for being named a king of England he would recognize that the Parliament was the dominant political authority. RSAR Documents has a link to the full text online. John Locke, in Two Treatises of Government (1689) presented the idea that the people have a right to revolt against any government that does not protect their rights. RSAR Documents has a link to the full text online. Charles de Secondat (Baron de Montesquieu) in The Spirit of the Laws (1748) (original in French), presented the idea that laws are the basis for the divine world, the natural world, and human affairs, and that discovering what these laws are can make our lives easier. RSAR Documents has a link to the full text online. Jean Jacques Rousseau, in The Social Contract or the Principles of Political Rights (1762) (original in French, "Contrat social ou Principes du droit politique"), presented the idea that the proper basis for governance is a social contract negotiated between all members of society and not "natural" rights or "divine" rights. RSAR Documents has a link to the full text online. Declaration of Rights (1774) by the First Continental Congress (of the American Colonies) claimed that each coloial assembly had the right to draw up its own laws on everything except foreign trade. RSAR Documents has a link to the full text online. The Declaration of the Causes and Necessity of Taking up Arms (1775) by John Dickinson (of Delaware) gave the reasons why the American colonies had taken up arms against England. While he was initially opposed to the Declaration of Independence he later supported the Revolution. RSAR Documents has a link to the full text online. Adam Smith, in An Inquiry into the Nature and Cause of The Wealth of Nations (1776), presented the idea that when individuals can conduct business without government restrictions their own self interest will lead to an orderly and fair marketplace. Government is needed mainly to ensure law and order. RSAR Documents has a link to the full text online. The Virginia Declaration of Rights (1776) was the first Bill of Rights written into a state constitution. It served as the basis for the first ten amendments to the U.S. Constitution. RSAR Documents has a link to the full text online. NOTE: Special Collections: Classics of Liberty [Liberty Fund, Inc.] posts online the full text of books by dozens of other authors, including Burke, Cicero, Hamilton, Hume, Jefferson, Kant, Locke, Mill, Montesquieu, Paine, Smith (Adam), and Voltaire.

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