Introduction
Freedom is not a natural state, but an institution that we must consciously bring to life and nurture. In his analysis, Timothy Snyder argues that simply removing external obstacles does not make us free. True freedom requires structures that allow us to become sovereign subjects capable of action. This article deconstructs the dualism of negative and positive liberty, showing how the state should combine liberal, conservative, and socialist traditions to protect human dignity in the age of algorithms and disinformation. You will learn why freedom is indivisible and what foundations are necessary for its realization.
Freedom From vs. Freedom To: The Primacy of Agency
Isaiah Berlin’s classic framework distinguishes between negative liberty ("freedom from" coercion) and positive liberty ("freedom to" self-determination). Snyder argues that reducing freedom to mere state non-interference paralyzes development, ceding ground to private oligopolies. Humans are not born in a vacuum but in a dense web of dependencies; therefore, institutions are essential to constitute freedom.
The distinction made by Edith Stein is crucial here: Körper is the body-as-object, a thing subject to the laws of physics, while Leib is the lived body, the center of our subjectivity. Freedom must protect the Leib, as treating people like objects destroys the very possibility of self-shaping. A state that abdicates its duty to protect citizens allows for their "objectification" by systems of surveillance and exploitation.
Five Forms of Freedom: The Architecture of the Sovereign Person
Snyder proposes five pillars of a free society. Sovereignty is the capacity to make choices, which is a learned and embodied competence. It requires a "loan of time" from adults—education and care—which relates to the Arendtian category of natality. Every birth is a new chance to change the political order.
Unpredictability serves as a shield against the dictates of algorithms that seek to turn us into predictable consumers. Mobility requires shared infrastructure and active antitrust measures so that freedom of movement does not become a paid privilege. Factuality is access to truth; without institutions like free media, democracy goes blind. The system is completed by solidarity—the rational recognition that no one is free alone.
Kołakowski’s Triad: A Synthesis of Three Attitudes
Leszek Kołakowski provocatively asked: "How to be a conservative-liberal-socialist?" Snyder takes this question deadly seriously, pointing out that virtues, freedom, and structures are mutually dependent. Conservatism brings a concern for character, liberalism protects the individual, and socialism provides the social framework so that freedom is not a luxury for the few. This polyphony of values is essential for the system to remain vital.
As Václav Havel taught, freedom is indivisible. Defending the right of the band The Plastic People of the Universe to play rock music was, in essence, a defense of philosophical and political freedom. Institutions of truth—archives, universities, and independent journalism—protect us from "normalization," a system of rules designed to make people entirely controllable.
Conclusion: Judges and Legislators
Judges and legislators should operationalize freedom through concrete tests: embodiment, mobility, or factuality. Law cannot be merely a dry procedure; it must be the art of weaving structures that enable people to realize their own life plans. Can we love ourselves "as strangers" to see our own limitations and build justice? Positive liberty is not paternalistic coercion, but an investment in the sovereignty of every citizen. Remember that without truth and solidarity, all freedom eventually collapses into the tyranny of the strong.
📄 Full analysis available in PDF