SHORT QUESTIONS

WHAT IS MEANT BY INTRA-LIBERTY QUARREL?

Liberty in the state is a plural notion. There are more than one form of
legal liberty of which civil (personal), political and economic are most
important. Barker refers to the possibility of one of these forms of
liberty to quarrel with another – a kind of intra-liberty quarrel. He
writes: “If liberty and law do not quarrel, liberty may quarrel with
itself”. Different forms of liberty which coexist may even conflict, in the
State’s own area.

Such conflicts between different forms of liberty have occurred quite

often in history. Even today, intra-liberty quarrels pose a serious threat
to social order and harmony. That is one reason why we have different
parties, all claiming to be champions of liberty. It is the task of justice
to harmonize different forms of liberty and mitigate the possible
clashes among them.

BRIEFLY NARRATE THE POSITIVE AND NEGATIVE CONCEPT OF LIBERTY.

Negative

With the emergence of a new class – the capitalist class – the demand
for liberty was voiced against the existing social, economic,
ecclesiastical and moral order. The absence of coercive restraints of all
sorts was the historical necessity for the development of the
progressive bourgeoisie in the 17th and 18th centuries. The social
aspect of liberty was not given any consideration and the state was
looked upon as a necessary evil, a kind of negative institution created
to guarantee the rights of individuals.

Positive

During the latter part of the 19th century, a positive view of liberty
developed. It basically defines liberty fully functioning within the
confines of the Law of the State. T. H. Green associated liberty with
society, morality, rights and the state. He said, “Man is free only when
he is following the ‘true’ good and his true good is also ‘social’ good”.