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Essay / The role of legal systems - 1077
In his 1996 work “Liberty versus the Law: Some Controversies of the Seventeenth Century,” Christopher Hill reassessed the outcome of the English Civil War and posed a question introspective: “Freedom for what and for whom? Some may say that the law limits everyone's freedom because of the restrictions it imposes in today's society. However, it should not be denied that the law does protect freedom in certain circumstances. In fact, there is a very complex relationship between law and freedom, where each of them complements and limits the other. Freedom no longer exists if there are no legal systems. At the same time, legal systems that are not based on protecting the freedom of citizens do not serve the true purpose of law. In his work “Elements of the Philosophy of Law” published in 1819, Georg Wilhelm Friedrich Hegel emphasized that freedom is the foundation of law and that law is a philosophical form of freedom. Law and freedom cannot exist without each other. In my opinion, the relationship between law and freedom can be classified into two categories: justified legal systems protect freedom while unjustified legal systems limit or even destroy freedom. Justified legal systems protect freedom by providing individuals with basic human rights. Society must progress on the basis of norms and rules set by justified legal systems. Without these norms and rules, freedom will not be assured. Plato once said: “If a man were born divinely gifted to naturally understand the truth, he would have no need of laws to govern him; but in any case, such a spirit does not exist, or at least not much; so we must have a law. Thomas Hobbes also stated in "Leviathan" that freedom should be based on national criteria...... middle of paper ...... and fundamental rights are not reserved for the majority, there will always be a group of outlaws or social people. bandits who accelerate revolutionary movements and lead people to overthrow the tyranny and hierarchy established by current law enforcement. Finally, it is undeniable that justified legal systems restrict freedom in certain circumstances and this is necessary. Freedom does not imply that everyone can do whatever they want. Freedom, at the same time, constrains human behavior since freedom also means that everyone has the right to prevent others from doing things they do not want to suffer from. Therefore, freedom is not always free and there will be no freedom unless there is a minimum level of restrictions. In conclusion, freedom cannot exist without law while a justified law must guarantee everyone's freedom. Freedom and law complement each other.