Negative Liberty Not Always Justified Research Paper

Length: 2 pages Sources: 1+ Subject: Business - Law Type: Research Paper Paper: #65764706 Related Topics: Administrative Law, Jurisprudence, Civil Rights, Public Administration
Excerpt from Research Paper :

Civil Liberties vs. Government

The role of government in regulating the behaviors and activities of certain people and/or in certain situations is not generally questioned by most people. On the same note, the right of people to generally live their lives and be left alone is also presumed to be true in many to most cases. However, those two paradigms inevitably collide because they cannot both be true at the same time in all situations. There are situations where government should or must step in just as there are situations where they should leave people alone and let them live how they wish. The million dollar question is where that line precisely exists in certain situations because it can be far from clear what that answer is.

Analysis

One source that the author of this report focused on was the definition of positive and negative liberty. The latter one, that being negative, is a focus on not being "harassed" or harangued by the government about one thing or another. Whlie that may be a noble thing to demand in many instances, government does indeed exist for a reason and there are certain situations where they can and should intercede and intervene. For example, the author of this report would hold that a government giving a seven-year-old static for operating a lemonade stand without a business license is more than excessive, the same is not true...

...

There could be innocent reasons for any of those things but there could also be more insidious ones. Perhaps the parent of a child with marks just has a clumsy child or perhaps they just need some assistance from the food pantry. That is what social services are for and it could be the pride is preventing them from getting the assistance they need. However, if the parents are actively abusing the child and/or not feeding them what they should even though they have the resources, that is another matter entirely. In those cases, negative liberty goes out the window and the interests and safety of the child usurp all notions of liberty relating to the parent who is failing the child (Carter, 2012).

However, there are some areas that are much grayer than the one above. For example, the…

Sources Used in Documents:

References

Alexander, J., & Richmond, S.A. (2007). Administrative discretion: Can we move beyond cider house rules? The American Review of Public Administration, 37(1),

51 -- 64. Retrieved from the Walden Library databases.

Carter, I. (2012). Positive and negative liberty. In E.N. Zalta (Ed.), The Stanford

Encyclopedia of Philosophy (Spring 2012 ed.). Retrieved from http://plato.stanford.edu/archives/spr2012/entries/liberty-positive-negative/


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