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Q40·GS Paper 1 · Prelims 2018

Relationship between law and liberty

PolityConstitutional PhilosophyFactual singleMediumStatic

Question

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

Options

a

If there are more laws, there is less liberty.

b

If there are no laws, there is no liberty.

Answer
c

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

d

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

Explanation

This question addresses the philosophical relationship between law and liberty. Option (a) is incorrect because the quantity of laws does not necessarily determine liberty; well-designed laws can protect liberty. Option (b) is correct: Laws are essential for true liberty. Without laws, there is chaos and anarchy where the strong dominate the weak—this is not liberty but a state of nature. Liberty requires a framework of laws that protects individual rights while maintaining social order. Philosopher John Locke and modern democratic theory emphasize that liberty flourishes within a framework of rule of law. Option (c) is too narrow; while democratic participation in law-making is important, laws made by representatives can also protect liberty. Option (d) is too specific about frequency. The fundamental principle is that law provides the structure within which liberty can exist and be protected.

Principle: Liberty without law = chaos; Law without tyranny = true liberty. Laws provide the framework for ordered freedom.

Question details

Year

2018

Paper

GS Paper 1

Question

Q40

Subject

Polity

Sub-topic

Constitutional Philosophy

Type

Factual single

Difficulty

Medium

Nature

Static

Source hint

Constitutional jurisprudence - Rule of Law

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