In understanding what it means to be “free” and determining whether Canada is indeed a “free’ country we can compare Brian Tamanaha’s four themes of liberty from “On the Rule of Law” to see if the country shares similarities with that of what Tamanaha speaks of. In Tamanaha’s “On the Rule of Law” he refers to four themes of liberty, being political liberty, legal liberty, personal liberty, and institutionalized perversion of liberty, which he can be seen noting as characteristics of essentially beneficial sacrifices that we give up as “free” individuals for personal security and social order. Living under laws can limit the full extent of freedom that we may have but it can also be noted that with not laws we can potentially be a danger to
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Tamanaha’s main definition for “personal liberty” is that when individuals choose to live under laws one’s personal autonomy cannot be interfered upon by the government or attempted to be influenced and changed (p.35). It can be noted that because people live under laws it does not mean that an individual should be subjected within their personal realm of beliefs, goals, and speech with that of the views of the government and what it considers ideal. Protection in the form of “civil rights” should be given for a better society then of one without civil rights that does not protect individual basic rights. For every individual their privacy within an existing state full of laws should be respected and rarely interfered or violated, as it can be said, if one follows the laws that exist they should not be further pursed or attempted to be subjected to government influence. …show more content…
Tamanaha explains that instead of having a sole individual institution that has power instead a separation of states consisting of a “horizontal division” such as legislative, executive, and judicial, along with a “vertical division” consisting of municipals, state of regional and national is a better system (p.35). Pertaining to the law having an independent judiciary, Tamanaha notes, would allow the judiciary division to both overlook the legality by which other divisions of governments work under as well as citizens. In an overall view the separation of government into different factions allows individual bodies of government consisting of those who occupy them function in specific roles which represent their division. Tamanaha goes to note that this process ultimately enhances “the realization of liberty of citizens through the effective division of government and mainly bring reliability of the system to function
Tamanaha’s main definition for “personal liberty” is that when individuals choose to live under laws one’s personal autonomy cannot be interfered upon by the government or attempted to be influenced and changed (p.35). It can be noted that because people live under laws it does not mean that an individual should be subjected within their personal realm of beliefs, goals, and speech with that of the views of the government and what it considers ideal. Protection in the form of “civil rights” should be given for a better society then of one without civil rights that does not protect individual basic rights. For every individual their privacy within an existing state full of laws should be respected and rarely interfered or violated, as it can be said, if one follows the laws that exist they should not be further pursed or attempted to be subjected to government influence. …show more content…
Tamanaha explains that instead of having a sole individual institution that has power instead a separation of states consisting of a “horizontal division” such as legislative, executive, and judicial, along with a “vertical division” consisting of municipals, state of regional and national is a better system (p.35). Pertaining to the law having an independent judiciary, Tamanaha notes, would allow the judiciary division to both overlook the legality by which other divisions of governments work under as well as citizens. In an overall view the separation of government into different factions allows individual bodies of government consisting of those who occupy them function in specific roles which represent their division. Tamanaha goes to note that this process ultimately enhances “the realization of liberty of citizens through the effective division of government and mainly bring reliability of the system to function