Freedom

Freedom

The definition of freedom is simple.  Freedom is the right to make choices.  Laws generally restrict are right to choose, because they are accompanied by punishments for breaching them.  Punishments (and also rewards) make one choice for an individual more attractive than another choice.  However, laws sometimes prevent one individual from taking away another individual’s choices; thereby, they increase freedom despite influencing one’s right to choose.  Consequently, there is an intermediary quantity of laws that allow for maximum overall freedom.  Too many laws restrict freedoms, while too few laws lead to anarchy, preventing individual’s from their right to security and stability.  In this latter case, “survival of the fittest” determines each individual’s fate.  Survival of the fittest generally applies to animal societies.

The first known body of laws existed in Noah’s age and was called “The Five Postulates of Noah”.  These postulates took away one’s right to kill, one’s right to steal, and also included the necessity of courts, as well as a couple other restrictions on behavior.  This was an attempt to provide stability from anarchy; consequently, it attempted to increase the overall freedom of the society.   Without courts, lawyers, and judges no laws could be enforced.  This was the initial attempt to establish a judicial system.  The Ten Commandments was another attempt to increase freedom by establishing laws which clearly gave more freedoms to the people as a whole. 

It is the role of the judges to interpret the law.  The more specific a law is stated the less interpretation is necessary on the part of the judge.  Interpretation plays a role in influencing behavior, because a judge must also determine whether or not a behavior is right or wrong and to what extent a behavior is right or wrong, after he determines whether or not a law has been breached.  As long as a judge has some power to interpret the law, he might attempt to minimize or maximize the punishment for breaching the law.  Some laws are “set in stone” and others must be carefully interpreted.  However, today thousands of laws exist including county, state, national, and international law.  Laws of a country are sovereign, with the exception of International Laws.  Animals, although free of laws as we know them, have innate instincts which limit their behavior like our laws do.

The judicial branch alone can’t provide freedom to its constituents.  There must be a legislative branch to make the laws and an executive branch to enforce the laws.  This includes the President or chief executive, as well as the police.  In a less broadly defined society of the household, the parents play the roles of all three branches.  They, for instance, make the rules; such as establishing a ten o’clock curfew, they interpret the rules, and they enforce the rules.  Other specific societies include school and church, where teachers, principles, clergy, and board members fulfill these three important roles.  

It is possible to have a society with only a single law.  For instance, a society could function with only the law, “an eye for an eye”.  This would provide a punishment for any crime.  However, still such a society would still need a little judicial interpretation.  Another example of a single law society might be “do unto your neighbor as you would wish your neighbor to do unto you”.  This actually was one of the Ten Commandments, but could actually been the only commandment.  However, such a society would need much judicial interpretation.  A judge would need to consider what actions he would want a neighbor to take regarding his welfare.

by Michael K.