Freedom, Law, and Rights: Traditional American Thought and Practice – Chapter One

Vocabulary flashcards summarizing key terms and principles from the lecture on freedom, coercion, and the nature of law in traditional American thought.

Freedom

The ability to think or act without coercion; action or thought that is truly voluntary.

Coercion

A deliberate attempt to force someone to act or think as the coercer wishes, using force, intimidation, or threats.

Rule of Law

The Western tradition of securing freedom by minimizing arbitrary coercion through general, standing rules of just conduct.

Private Law

Legal rules designed to prevent violations of freedom and rights by private persons, governing relations among individuals.

Public Law

Legal rules that restrain government power to protect individual freedom, governing relations between people and the state (e.g., the U.S. Constitution).

True Law

A general, standing rule of just conduct marked by generality, universality, and certainty; it governs the means people may use, not the ends they must pursue.

Command

A directive that orders specific ends and often the means as well; regarded as the opposite of a true law.

Legislation

A directive defined by its source—an official legislative body—which may take the form of a law, a command, or another concrete order.

Generality

The attribute of a true law applying broadly rather than targeting specific individuals or groups.

Universality

The attribute of a true law applying to all persons equally, including those who make the law.

Certainty

The attribute of a true law being clear, stable, and knowable so citizens can understand their obligations.

Good Coercion

Lawful coercion employed to deter or punish violations of rights, thereby protecting innocent persons (e.g., criminal sanctions).

Bad Coercion

Unlawful force or threats used by private persons or governments to compel others against their will.

Government of Laws, Not of Men

The Founders’ ideal of governance limited by true laws rather than by arbitrary personal commands.

Negative Freedom

Freedom-under-law; individuals are free to pursue self-chosen goals within the constraints of lawful rules.

"Thou Shalt Not Kill"

An example of a true law that restricts the means (murder) people may use while leaving their ends self-chosen.

John Locke on Law and Freedom

The maxim “Where there is no law, there is no freedom,” highlighting law’s necessity for liberty.

Confucius on Words and Freedom

The warning that when words lose their meaning, people lose their freedom.

Sources of Coercive Threats

The two primary origins of coercion—private persons and government—against which law must guard.

Means-End Distinction in Law

Principle that true law regulates the means people may employ, not the specific goals they must achieve.