UPSC Prelims 2018 Q40: Indian Polity – Political Theory & Concepts
- (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.
Answer: (b) If there are no laws, there is no liberty.
Explanation
Relation Between Law and Liberty - Classical Liberal View
| Option | Interpretation | Alignment with liberal-democratic theory |
|---|---|---|
| (a) More laws = less liberty | Anarchist / absolutist libertarian view | Rejected in mainstream political theory |
| (b) No laws = no liberty | Classical liberal (Locke, Rousseau, J.S. Mill): liberty EXISTS within a framework of law that protects it | CORRECT - most appropriate |
| (c) If there is liberty, laws must be made by the people | Democratic self-governance, but silent on the law-liberty relationship itself | Partial |
| (d) Frequent changes endanger liberty | Statement about legal stability, not the essential relationship | Peripheral |
Reasoning: The classical liberal position (John Locke, Immanuel Kant, John Stuart Mill) holds that liberty is only possible under the rule of law. Without law, life would be Hobbesian ('nasty, brutish, short') - no freedom, only power. Laws protect life, property and freedom of individuals against arbitrary interference by others or by the state.
Answer: (b) If there are no laws, there is no liberty.
Why each option is right or wrong
- (a) Incorrect. This reflects an anarchist view; mainstream political theory holds that laws protect liberty, they do not intrinsically diminish it.
- (b) CORRECT. Classical liberalism (Locke, Mill, Kant) holds that liberty requires the framework of law - without law, liberty cannot exist.
- (c) Incorrect. This is about democratic legitimacy, not the fundamental law-liberty relationship.
- (d) Incorrect. Legal stability is desirable but not the essential law-liberty connection.
Key point
Classical liberal maxim: 'Where there is no law there is no freedom' (Locke, Second Treatise). Law defines and protects liberty; the absence of law is the war of all against all (Hobbes).
Remember
The classical liberal position, articulated by John Locke, Immanuel Kant and John Stuart Mill, holds that liberty can only exist within a framework of law. Without law, there is no liberty - only Hobbesian anarchy where the powerful dominate the weak. Law defines the space of freedom by restraining arbitrary interference from others and from the state.
Common mistakes
- Confusing the anarchist claim (more law = less freedom) with the liberal position (law creates the frame within which freedom exists).
- Assuming any restriction is anti-liberty - the liberal argument is that reasonable law-based restrictions PRESERVE liberty for all.
- Missing the Hobbesian counterpoint - a lawless state of nature is a state of universal fear, not liberty.
Exam tip
Political theory shorthand: Locke = 'no law, no freedom'. Mill = harm principle. Hobbes = law creates security. Rousseau = general will and freedom. Berlin = negative vs positive liberty.
Sources
- John Locke - Second Treatise of Government (Chapter VI)
- NCERT Class 11 Political Theory (Chapter on Freedom and Rights)