Rule of Law II: Liberty & Types of Liberty – SS1 Civic Education Lesson Note (Second Term)

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one’s behaviour or political views.

Behavioural objectives

1. Define liberty.
2. Explain why absolute liberty cannot exist in society.
3. List and describe the types of liberty: natural, civil, political, individual, national and moral.
4. State the rights that make up political liberty.
5. Distinguish between liberty and licence.
6. State ways in which liberty is protected in Nigeria.

What is liberty?

Liberty is freedom to act as one likes, within limits that protect the freedom of others.

• Liberty: freedom within society from unfair restrictions by authority on one’s behaviour or political views.
• Freedom from restraint: a person is not forced, jailed or silenced without good legal reason.
• Freedom to act: a person may choose what to say, believe, do or join.
• Link to the rule of law: the law protects liberty and also sets its limits.

Why is liberty important?

Liberty lets citizens live, think and take part in public life without fear of unfair punishment.

• Personal growth: people can choose their career, religion and friends.
• Good government: citizens can criticise leaders and vote them out.
• Peace: people who feel free and fairly treated are less likely to rebel.
• Development: free people can start businesses, learn and share ideas.

Why can a person not have absolute liberty?

A person cannot have absolute liberty because one person’s unlimited freedom would destroy the freedom of others.

• Absolute liberty: complete freedom to do anything at all, with no limit.
• Clash of freedoms: a person with absolute liberty could limit or remove the freedom of another.
• Example: if one person is free to play loud music all night, neighbours lose the freedom to rest.
• Best result: people gain most freedom by accepting limits that protect the freedom of others.
• Source of limits: laws, rules, public order, and respect for other people’s rights.
• Constitutional limits: the 1999 Constitution allows laws that limit some rights in the interest of defence, public safety, public order, public morality and public health.

What is the difference between liberty and licence?

Liberty is freedom used within the law, while licence is freedom used without regard for the law or for other people.

• Liberty: lawful freedom that respects the rights of others.
• Licence: abuse of freedom, which ignores rules and harms others.

What are the types of liberty?

There are six types of liberty: natural, civil, political, individual, national and moral.

1. Natural liberty

• Meaning: the enjoyment of unrestrained natural freedom.
• Basis: man is born free, so he should enjoy freedom as he wills.
• View on restraint: every restraint is seen as a loss of freedom.
• Belief: man inherited the right to liberty from nature, and natural reason is its basis.
• Limit: it cannot work in an organised society, because unlimited freedom for all leads to clashes.

2. Civil liberty

• Meaning: the liberty each person enjoys as a member of society.
• Equality: it is equally available to all individuals, who share equal freedom and rights.
• Restrictions: it is enjoyed under laws and rules made by the state and society.
• Contrast with natural liberty: natural liberty has no restraint, while civil liberty is controlled by law.
• Examples: freedom of speech, freedom of movement, freedom of religion, freedom of association.

3. Political liberty

• Meaning: good and adequate opportunities for people to use their political rights.
• Test: people enjoy political liberty when they are free to take part in the political process.

Rights that make up political liberty

• Right to vote: choosing leaders in elections.
• Right to contest elections: standing as a candidate.
• Right to hold public office: serving in government if duly elected or appointed.
• Right to criticise and oppose: speaking against government policies.
• Right to form groups: setting up political parties, interest groups and pressure groups.
• Right to change the government: doing so by constitutional means, such as elections.

4. Individual (personal) liberty

• Meaning: freedom to pursue one’s own desires and interests as a person.
• Condition: these must not clash with the interests or desires of others.
• Examples: choosing a career, choosing where to live, choosing a marriage partner.

5. National liberty

• Meaning: another name for the independence of a nation.
• Freedom to have a constitution: the people make their own constitution.
• Freedom to organise government: the people set up their government freely, without foreign control.
• Example: Nigeria became independent from British rule on 1 October 1960.

6. Moral liberty

• Meaning: freedom to act according to one’s conscience.
• Purpose: the liberty to work towards secure moral self-perfection.
• Moral freedom: the freedom to pursue moral values.
• Example: refusing to take a bribe because one’s conscience says it is wrong.

How do the six types of liberty compare?

Each type of liberty has its own key idea, shown in the table below.

How is liberty protected in Nigeria?

Liberty is protected in Nigeria by the Constitution, the courts, the rule of law, free elections and a free press.

• Constitution: Chapter IV of the 1999 Constitution lists fundamental human rights.
• Courts: a person whose rights are violated can go to court for redress.
• Rule of law: no one may be punished except for breaking a law, after a fair process.
• Free and fair elections: they protect political liberty.
• Free press: it lets citizens get information and criticise government.

Evaluation

1. Define liberty.
2. Why can a person not have absolute liberty in society?
3. Distinguish between natural liberty and civil liberty.
4. List four rights that make up political liberty.
5. What is national liberty?

Assignment

1. Explain any three types of liberty in your own words, and say how each one is limited so that it does not infringe the freedom of others.