UPSC Prelims 2018 GS Paper I · Q40 of 100 Polity & Governance medium

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

  1. (a) If there are more laws, there is less liberty.
  2. (b) If there are no laws, there is no liberty. ✓ UPSC's answer
  3. (c) If there is liberty, laws have to be made by the people.
  4. (d) If laws are changed too often, liberty is in danger.

Why the answer is (b)

• In political theory (Locke, Laski), law is the condition of liberty: without law there is only the rule of the strong, and no one's freedom is secure — 'where there is no law, there is no freedom' (Locke) — option (b).

• Option (a) is the anarchist/negative view that laws only restrict; it ignores that laws also protect liberty.

• Option (c) concerns democracy, not the law–liberty relationship itself; option (d) concerns legal stability, a secondary point.

• Hence option (b).

Why the other options are wrong

(a) If there are more laws, there is less liberty.
Laws protect as well as restrict liberty; more laws do not simply mean less liberty.
(c) If there is liberty, laws have to be made by the people.
Popular law-making is about democracy, not the essence of liberty.
(d) If laws are changed too often, liberty is in danger.
Frequent change is a stability concern, not the core relationship.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2018, held on 3 June 2018. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

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