“We must have constantly present in our minds the difference between independence and liberty. Liberty is a right of doing whatever the laws permit, and if a citizen could do what they forbid he would no longer be possessed of liberty.”
- January 18, 1689 – February 10, 1755
- French
- Political Philosopher, Jurist, Author of The Spirit of the Laws
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Quote
“We must have constantly present in our minds the difference between independence and liberty. Liberty is a right of doing whatever the laws permit, and if a citizen could do what they forbid he would no longer be possessed of liberty.”
Explanation
Montesquieu draws a vital distinction between independence and liberty, two concepts often mistakenly conflated. Independence suggests the absence of restraint—a freedom to act without limitation—while liberty, as Montesquieu defines it, exists within the boundaries of just law. It is not the ability to do anything, but the right to do anything that the law allows. This conception upholds a balance between individual freedom and social order.
In The Spirit of the Laws, Montesquieu consistently emphasizes that true liberty requires structure. Laws are not inherently oppressive; rather, they provide the framework within which people can live freely and securely. If citizens could violate laws with impunity, it would not represent greater freedom—it would result in chaos, inequality, and ultimately the domination of the strong over the weak. Thus, liberty is safeguarded not by the absence of law, but by the rule of law itself.
In modern democracies, this insight remains central to constitutional governance. Freedom of speech, movement, and belief are protected not by their unlimited exercise, but by legal systems that define and defend them. Montesquieu reminds us that liberty is not lawlessness—it is lawful autonomy, and to preserve it, we must constantly respect and refine the laws that make it possible.
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