Amity University Rajasthan Amity Law School

Brief study of Liberty & Equality

SUBMITTED TO: Mr. Prakash Jha Faculty of Political science SUBMITTED BY: Abhishek singh B.A-LL.B {1st sem.}

ACKNOWLEDGEMENT
I sincerely thank Mr. Prakash Jha for allotting the best topic as my project, guiding me throughout the process of achieving it and providing me his able guidance whenever I approached him. I also thank the library staff who helped me find the relevant material for this project.

TABLE OF CONTENTS
S.no 1. 2. 3. 4. 5. Contents
Introduction, Aspects & Kinds of Liberty Kinds of Liberty Introduction, Aspects & Importance of Equality Kinds of Equality Relationship b/w Liberty & Equality

Page no. 4 5 6 7 8

LIBERTY
(1.) INTRODUCTION:
Literally liberty means Freedom. Liberty is derived from latin word liber which means free. According to hobbes, liberty means free. According to hobbes, liberty means to do what one likes regardless of all conditions. It is a word of negative meaning denoting absence of restraint. Its primary significance is to do what one likes, regardless of all consequences. Liberty can be maximized only when there is mutual respect and goodwill and all follow a simple rule of social behaviour.

(2.) ASPECTS OF LIBERTY:

There are two aspects of liberty mainly Negative aspect & Positive aspect of liberty. {a} NEGATIVE ASPECT- In this aspect people are really free and independent only when there is no restraint or coercion. According to this aspect, Law is a conditional liberty also it says that State is a necessary evil. It says that that Government is the best which governs the least. It shows that State kills the rights of the people. {b} POSITIVE ASPECT- This aspect says that State should work for the welfare and betterment of the society. In democracy, Liberty does not mean freedom to do anything and everything a person likes. If everyone does what he/she likes than there would be conflict in the society. To maintain social justice and equality, laws are enforced on the people.

(3.) KINDS OF LIBERTY:

There are mainly six types of liberty. They are as follows: {a} NATURAL LIBERTY- This liberty stand for unlimited liberty. It means complete freedom without any type of interference. Natural liberty is mainly associated with Rousseau. He says that man was absolutely free in the state of nature. Man was very happy in this state. He was not bound by any restraint. But as civilization started, he was forced to create an association named State which protected him in return of his liberty. This theory says that man was born with rights and liberties. {b} MORAL LIBERTY- This theory was also associated with Rousseau. He expressed that the individual shall exercise his freedom to realize the good of the whole society, whether it is called the general will. It was related with idealistic views and morality. The followers of the moral liberty are known as Communitarians.

{c} POLITICAL LIBERTY- This liberty gives every citizen the necessary opportunity to be active in the affairs of the state. Political liberty is possible only in a democratic system. This liberty is consist of the following rights: The right to elect representatives by casting vote. The right to be elected by standing in the election. The right to information and the right to criticize the government. {d} ECONOMIC LIBERTY- Economic liberty means that everyone haa a right to earn his livelihood. According to Laski, Economic liberty means, Security and the opportunity to find reasonable significance in earning ones daily bread. All the people should have atleast enough food, shelter and clothing. This kind of liberty is the most important liberty. No state can work without economic liberty. {e} SOCIAL LIBERTY- Social liberty implies freedom from orthodoxy or any social impulsion to make people conformists. The majority has a tendency to crush the minority and become tyrannical. This majority tyranny is more dangerous than individual tyranny. {f} NATIONAL LIBERTY- It means the freedom of the country. It exists wherever the nation or the country is independent or sovereign. It is political independence of a nation. National liberty is very essential for the progress of nation in all the fields of life. Many nations fought for national liberty and secured it.

EQUALITY
(1.) INTRODUCTION:
Equality is the basis of democracy like liberty. The concept of equality is closely related to the theory of natural rights. All men are born equal and nature has willed them to remain so. Equality is also known as natural liberty. Equality means that one should not be discriminated on the basis of race, religion, language, cast, community, creed and sex. Equality refers to the opportunities to make use of ones own faculties or to develop them in the most desirable way. Equality means that all human beings should be treated equally in respect of certain fundamental traits common to all such as human worth and dignity and human personality.

(2.) ASPECTS OF EQUALITY:

There are two aspects of equality. They are as follows:{a} NEGATIVE ASPECT- In this aspect, equality means absence of special privileges. All barriers of birth, wealth, caste and colour should be removed so that nobody suffers from any kind of social and political disabilities. {b} POSITIVE ASPECT- In this aspect, equality means providing sufficient opportunities to all. There should be no discrimination on the basis of race, religion, colour, sex and language in this matter.

(3.) IMPORTANCE OF EQUALITY:

It is very essential for the development of human personality. It recognizes the talent of all the people and provides opportunities to all without discrimination. It promotes liberty. It helps the success of democracy. It enhances the prestige and self-respect of the individuals. It is essential for social justice.

(4.) KINDS OF EQUALITY:

There are mainly five kinds of Equality. They are as follows:{a} NATURAL EQUALITY- Literally it means, by nature all men are equal. Inequalities are artificial and man made. It does not mean that all men are absolutely equal. Infact, inequalities is the basis of the nature. Natural equality means absence of man made inequalities. {b} SOCIAL EQUALITY- Social equality means that there is no distinction in the matter of social status of the different people because of differences in caste, colour, creed, religion or rank. All are equally useful members of the society and possess equal legal and economic rights, social equality is very important for the development of human personality. {c} LEGAL EQUALITY- It refers to the basic equality which is recognized by law. Legal equality implies that all are equal before law or that law protects all equally. Legal equality refers to the legal capacity of each one to develop himself and denies inequality based on race, religion, sex, colour, wealth, strength etc. {d} POLITICAL EQUALITY- Political equality means equal opportunities to all citizens to enjoy political rights and to have similar voice in the working of government. It enables people to participate in the political life and affairs of the country. To achieve political equality, men should have the right to vote, to be elected, to hold a public office, to criticize the government when it goes wrong. {e} ECONOMIC EQUALITY- It implies that there should be no concentration of economic power in the hands of few persons. The distribution of national wealth must be such that no section of the people becomes over-affluent to the detriment of others. Laski nsays that State divided into a small number of rich and a large number of poors will always develop a government manipulated by the rich to protect the amenities represented by their property

RELATIONSHIP BETWEEN LIBERTY & EQUALITY:

Liberty is moral freedom and Equality is essential to it. Liberty and Equality both go together in claims to fundamental rights. But the two have not always and everywhere been claimed with equal fervour. For instance the Anglo Saxons have shown more emphasis on Liberty while the French have always followed the principle of Equality first. According to Marxist theory, the conditions of economic equality alone make possible the necessary conditions of liberty. Without Equality, Liberty is a mere mockery. Civil liberty can only be ensured when all are equal in the eyes of law. Political liberty provides the equal status for all citizens and equal opportunities for their participation in the affairs of the state. Liberty & Equality are not incompatible. Equality is an aid to Liberty. There both are interdependent.