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Separating Law and Liberty.
1Department of Philosophy, University of Vienna, Vienna, Austria.
Law and Philosophy
|April 2, 2026
Summary
Law necessarily limits individual liberty, even when protecting rights. This research argues a negative conception of liberty, where legal constraints reduce freedom but can enhance it overall, offering a better framework for evaluating laws.
Area of Science:
- Political Philosophy
- Legal Theory
- Ethics
Background:
- Existing theories debate law's relationship with liberty, with some viewing law as constitutive of freedom or neutral when protecting rights.
- This paper challenges the notion that law is compatible with or necessary for liberty, proposing a distinct perspective.
Purpose of the Study:
- To defend a purely negative conception of liberty, asserting that law inherently restricts freedom.
- To demonstrate that legal constraints, while reducing liberty, can paradoxically improve overall negative freedom.
- To establish a novel framework for evaluating legal arrangements based on their impact on freedom and unfreedom.
Main Methods:
- Philosophical argumentation and conceptual analysis.
- Rejection of republican and rights-based theories of law and liberty.
Main Results:
- The law necessarily makes individuals unfree in certain respects.
- Legal constraints deny individuals something valuable, yet can yield net benefits for negative freedom.
- This conception provides a superior basis for assessing legal constraints compared to rival views.
Conclusions:
- Adopting a view where law inherently restricts freedom allows for more meaningful evaluation of legal systems.
- Understanding the dual impact of law on freedom and unfreedom is crucial for assessing legal arrangements.
- This approach reframes the debate on law, liberty, and their complex interplay.