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Main Philosophical Conceptions of Freedom and Its Presence in The Ecuadorian Constitution

Abstract:

The paper examines seven philosophical conceptions of freedom -including the distinctions between positive and negative liberty, and liberal and republican liberty-, exemplifying them with great authors in the history of philosophy. On the other hand, in order to enrich the vision with a concrete legal document, we examine the Ecuadorian Constitution of 2008. The central aim of the research is to probe the use -made by those who participated in the drafting of that Constitution- of philosophical ideas concerning liberty in its threefold relation to: 1) values, such as common good and equality; 2) the correlative duties imposed on individuals and the society at large with respect to the holder of the right to freedom; and 3) the state and its laws. We hope that the results provide greater clarity in those debates of normative philosophy in which freedom is involved.