Summary
Negative liberty is freedom from interference by other people. Negative liberty is primarily concerned with freedom from external restraint and contrasts with positive liberty (the possession of the power and resources to fulfill one's own potential). The distinction originated with Bentham, was popularized by T.H. Green and Guido De Ruggiero, and is now best known through Isaiah Berlin's 1958 lecture "Two Concepts of Liberty". Stanford Encyclopedia of Philosophy describes negative liberty: "The negative concept of freedom ... is most commonly assumed in liberal defences of the constitutional liberties typical of liberal-democratic societies, such as freedom of movement, freedom of religion, and freedom of speech, and in arguments against paternalist or moralist state intervention. It is also often invoked in defences of the right to private property, although some have contested the claim that private property necessarily enhances negative liberty." According to Thomas Hobbes, "a free man is he that in those things which by his strength and wit he is able to do is not hindered to do what he hath the will to do" (Leviathan, Part 2, Ch. XXI; thus alluding to liberty in its negative sense). Claude Adrien Helvétius expressed the following point clearly: "The free man is the man who is not in irons, nor imprisoned in a gaol, nor terrorized like a slave by the fear of punishment ... it is not lack of freedom, not to fly like an eagle or swim like a whale." Moreover, John Jay, in The Federalist paper No. 2, stated that: "Nothing is more certain than the indispensable necessity of Government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights, in order to vest it with requisite powers." Jay's meaning would be better expressed by substituting "negative liberty" in place of "natural rights", for the argument here is that the power or authority of a legitimate government derives in part from our accepting restrictions on negative liberty.
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