IHSS Liberty Blog

 Sabrina Gubbels-Wingo

Mr. Roddy

IHSS
7 February 2021

Liberty Blog

I found that in this section of the article Montesquieu’s voice was very clear. His view that humans are inherently self-serving was apparent in both the definition of liberty and the treatment of freedom. I had never really thought about the restrictions that the laws put on true freedom. This ‘true freedom’ being where someone can do anything whether it is defined as good or bad. Instead, the kind of freedom we have is filtered by laws that prevent us from harming each other purposefully. I thought it important that the section pointed out that the laws prevent purposeful harm. If we had laws that punished/prohibited accidents then we would be crossing the line of freedom into something that’s restrictions are harmful in themselves. In this way, it defines freedom as the ability to make mistakes and learn from them. 

Montesquieu’s ideal law was based around the properties that the offense it prohibited were provable, purposeful, and that the offender committed the offense consciously. I think that that speaks a little bit to how Montesquieu, although he expressed views that most humans are inherently self-serving, believed that there was room for improvement. This is because, while the law structure he suggested did state that offenses were bound to be made, he still stated strongly that it was important that the accused offender could prove their innocence. Overall, I found it a very interesting way to look at freedom, our handling of it, and the means by which we do so. 


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