"To do what we will, is natural liberty: to do what we will, consistently with the interest of the community to which we belong, is civil liberty; that is to say, the only liberty to be desired in a state of civil society.
I should wish, no doubt, to be allowed to act, in every instance, as I pleased; but I reflect, that the rest also of mankind would then do the same; in which state of universal independence and self-direction, I should meet with so many checks and obstacles to my own will, from the interference and opposition of other men's, that not only my happiness, but my liberty, would be less than whilst the whole community were subject to the dominion of equal laws.
The boasted liberty of a state of nature exists only in a state of solitude. In every kind and degree of union and intercourse with his species, it is possible that the liberty of the individual may be augmented by the very laws which restrain it; because he may gain more from the limitation of other men's freedom than he suffers by the diminution of his own. Natural liberty is the right of common upon a waste; civil liberty is the safe, exclusive, unmolested enjoyment of a cultivated enclosure.
The definitions which have been framed of civil liberty, and which have become the subject of much unnecessary altercation, are most of them adapted to this idea. Thus, one political writer makes the essence of the subject's liberty to consist in his being governed by no laws but those to which he hath actually consented; another is satisfied with an indirect and virtual consent; another, again, places civil liberty in the separation of the legislative and executive offices of government; another in the being governed by law; that is, by known, preconstituted, inflexible rules of action and adjudication; a fifth, in the exclusive right of the people to tax themselves by their own representatives; a sixth, in freedom and purity of elections of representatives; a seventh, in the control which the democratic part of the constitution possesses over the military establishment."
Montesquieu on Liberty:
"There is no word that has admitted of more various significations, and has made more different impressions on human minds, than that of liberty. Some have taken it for a faculty of deposing a person on whom they had conferred a tyrannical authority; others, for the power of choosing a person whom they are obliged to obey; others, for the right of bearing arms, and of being thereby enabled to use violence; others, for the privilege of being governed by a native of their own country, or by their own laws. A certain nation for a long time thought that liberty consisted in the privilege of wearing a long beard.
Some have annexed this name to one form of government, in exclusion of others; those who had a republican taste applied it to this government; those who liked a monarchical state, gave it to monarchies. Thus, they all have applied the name of liberty to the government most conformable to their own customs and inclinations; and as in a republic, people have not so constant and so present a view of the institutions they complain of, and likewise as the laws there seem to speak more, and the executors of the laws least, it is generally attributed to republics, and denied to monarchies. In fine, as in democracies, the people seem to do very near whatever they please, liberty has been placed in this sort of government, and the power of the people has been confounded with their liberty.
It is true, that in democracies the people seem to do what they please; but political liberty does not consist in an unrestrained freedom. In governments, that is, in societies directed by laws, liberty can consist only in the power of doing what we ought to will, and in not being constrained to do what we ought not to will.
We must have continually present to 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, because all his fellow citizens would have the same power."