
“Liberty is absence of restraint. Freedom is participation in government.”
Source: Legal foundations of capitalism. 1924, p. 111
p, 125
Other writings, The Paradoxes of Legal Science (1928)
“Liberty is absence of restraint. Freedom is participation in government.”
Source: Legal foundations of capitalism. 1924, p. 111
Mont Saint Michel and Chartres (1904)
Context: No one ever seriously affirmed the literal freedom of will. Absolute liberty is absence of restraint; responsibility is restraint; therefore the ideally free individual is responsible only to himself. This principle is the philosophical foundation of anarchism, and, for anything that science has yet proved, may be the philosophical foundation of the Universe; but it is fatal to all society and is especially hostile to the State. Perhaps the Church of the thirteenth century might have found a way to use even this principle for a good purpose; certainly the influence of Saint Bernard was sufficiently unsocial and that of Saint Francis was sufficiently unselfish to conciliate even anarchists of the militant class.
“Liberty, as such, is only the negative of duty, the absence of restraint or compulsion.”
Source: Legal foundations of capitalism. 1924, p. 118
“Liberty has restraints but no frontiers.”
International Liberal Conference (July 1928)
Later life
“Liberty exists in proportion to wholesome restraint.”
Speech at the Charleston Bar Dinner (May 10, 1847); reported in Edward Everett, ed., The Works of Daniel Webster (1851), Vol. II, p. 393
“Freedom of Nature is, to be under no other restraint but the Law of Nature.”
Second Treatise of Civil Government, Ch. IV, sec. 21
Two Treatises of Government (1689)
Context: Freedom of Men under Government is, to have a standing Rule to live by, common to every one of that Society, and made by the Legislative Power erected in it; a Liberty to follow my own Will in all things, where the Rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, Arbitrary Will of another Man: as Freedom of Nature is, to be under no other restraint but the Law of Nature.
The Personality of Jesus (1932)
Context: Wherever in a home there is immaturity, lack of self-control, and anti-social stimuli, coercion may be necessary in order to safeguard the other members of the family, and to prevent remorse for irreparable wrongdoing. To say that restraint administered in love and with the welfare of all concerned vividly in mind is immoral, is to reduce society to anarchy and chaos.
Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions
Essay published in The Advertiser (1748) http://thingsabove.freerovin.com/samadams.htm and later reprinted in The Life and Public Service of Samuel Adams, Volume 1 (1865), by William Vincent Wells <!-- Little, Brown, and Company; Boston -->
Context: Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt. He therefore is the truest friend to the liberty of his country who tries most to promote its virtue, and who, so far as his power and influence extend, will not suffer a man to be chosen into any office of power and trust who is not a wise and virtuous man. We must not conclude merely upon a man's haranguing upon liberty, and using the charming sound, that he is fit to be trusted with the liberties of his country. It is not unfrequent to hear men declaim loudly upon liberty, who, if we may judge by the whole tenor of their actions, mean nothing else by it but their own liberty, — to oppress without control or the restraint of laws all who are poorer or weaker than themselves. It is not, I say, unfrequent to see such instances, though at the same time I esteem it a justice due to my country to say that it is not without shining examples of the contrary kind; — examples of men of a distinguished attachment to this same liberty I have been describing; whom no hopes could draw, no terrors could drive, from steadily pursuing, in their sphere, the true interests of their country; whose fidelity has been tried in the nicest and tenderest manner, and has been ever firm and unshaken.
The sum of all is, if we would most truly enjoy this gift of Heaven, let us become a virtuous people.