On The Legitimacy Of Positive Freedom And Institutional Arrangements

After world war II，liberalism once again to enter the people’s vision, Berlin putforward freedom into "freedom of negative" and "actively freedom". Stick to negativefreedom by point out crisis to positive freedom. Inherited the point of view of traditionalliberalism advocated the rights of the individual first, is considered to be a sign of therevival of post-war Western liberal. Berlin’s Two Concepts of Liberty distinction is notborn, Early in the Stoic freedom of thought, there have been some factors of positivefreedom, to Rousseau’s "general will" under Benjamin Constant the “ancient humanfreedom” and “modern freedom”, Green’s departure from the common conception of thegood, that the State plays an indispensable role in the road to personal freedom, todemonstrate positive freedom. This view was the critique by the Community.Communitarian critique the view of the "individual rights first", insist that person as anindividual is a member of society, can not be divorced from the social and existindependently. It is also "positive freedom" has become a bridge connecting the liberaland community, also connected to the individual and society. On this basis, analyze thelegitimacy of positive freedom, departure from this logic to examine the presence ofpositive freedom from the existing legal system, and makes analysis and evaluation.