The Two Meanings of Freedom and Their Implications for the Rule of Law
LV Ting-jun
Abstract
LV Ting-jun
Abstract
In the period of Classical liberalism, the classification of natural and social freedom had already been proposed clearly. Natural freedom is talent, innate and emphasizes the equality of freedom; social freedom is formed by rational compromise and system limit, and stresses that freedom is authoritative. The transition from natural freedom to social freedom is to make freedom change from form of value to the existence of rights. This progress has the milestone meanings in mankind's history of freedom. It has great implications for the rule of law to clarify the different meanings of natural freedom and social freedom: By taking the natural freedom of form of value as the starting point and the social freedom of the right existence as the system core, we can bring up the rule of law tradition; the constitution is the declaration of freedom. Natural freedom reflects as the prearrangement of value, social freedom the arrangement of power. Freedom is not only a purpose but a means. The limitation of legal system on freedom should be proper and suitable.
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In the period of Classical liberalism, the classification of natural and social freedom had already been proposed clearly. Natural freedom is talent, innate and emphasizes the equality of freedom; social freedom is formed by rational compromise and system limit, and stresses that freedom is authoritative. The transition from natural freedom to social freedom is to make freedom change from form of value to the existence of rights. This progress has the milestone meanings in mankind's history of freedom. It has great implications for the rule of law to clarify the different meanings of natural freedom and social freedom: By taking the natural freedom of form of value as the starting point and the social freedom of the right existence as the system core, we can bring up the rule of law tradition; the constitution is the declaration of freedom. Natural freedom reflects as the prearrangement of value, social freedom the arrangement of power. Freedom is not only a purpose but a means. The limitation of legal system on freedom should be proper and suitable.
Key concepts: Degrees of freedom (physics and chemistry), Value (mathematics), Law, Constitution, Natural (archaeology), Freedom of contract, Freedom of religion, Universal value