GS PrelimsPolityPhilosophy of the Constitution2018

Which one of the following reflects the most appropriate relationship between law and liberty?

A

If there are more laws, there is less liberty.

B

If there are no laws, there is no liberty.

C

If there is liberty, laws have to be made by the people.

D

If laws are changed too often, liberty is in danger.

Correct Answer: Option B

Explanation

1. The question asks for the most appropriate relationship between law and liberty. 2. Option (A) suggests an inverse relationship, implying laws inherently restrict liberty. While some laws do restrict certain actions, they also protect fundamental liberties from infringement by others or the state itself. Thus, simply stating more laws means less liberty is an oversimplification. 3. Option (B) posits that if there are no laws, there is no liberty. This reflects the classical understanding (e.g., John Locke) that law provides the necessary framework for liberty to exist. Without laws, society would descend into anarchy ('state of nature'), where individual rights and freedoms are constantly under threat, and true liberty cannot flourish. Laws define the boundaries of freedom and protect individuals from arbitrary interference. 4. Option (C) suggests that for liberty to exist, laws have to be made by the people. While democratic legitimacy is important for liberty, the existence of liberty is fundamentally tied to the presence of just laws, regardless of the specific mechanism of their creation. This statement focuses on the source of law rather than the fundamental relationship. 5. Option (D) states that if laws are changed too often, liberty is in danger. While frequent and arbitrary changes in law can undermine the rule of law and predictability, endangering liberty, this describes a condition that threatens liberty rather than defining the core relationship between law and liberty. 6. Therefore, option (B) provides the most accurate reflection of the essential role of law in enabling and protecting liberty.

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