Does Law protect freedom?

I've been thinking about this question, ever since I was asked to answer it.

The best answer I can muster is that,Yes and no, it depends on the law.

One of the main purposes of government, throughout history and across the world, is to provide structure to society. A primary tool of doing so is through law. With the correct laws freedom can be expanded tremendously. This is what has happened in “the West” these past few hundred years. With bad laws freedom can be curtailed.

Example:

Let’s say you have a society where honor and individual dignity is paramount. The government writes a law which permits dueling for any cause. Soon everyone is afraid to criticize anyone else or be forced into a life-or-death duel. Only the best duelers will have any ability to voice their opinions. This is a bad law. If the government makes dueling illegal and the right to free speech paramount then everyone will feel open to voicing criticism. The expense is that those being criticized will feel bad about the experience and angry they can’t retaliate with a gun or sword.

Example 2:

The government writes a law which makes it illegal for a corporation to dump toxic waste into a river. The corporation thus becomes less profitable as it now has the expense of properly disposing of its waste. The benefit is the river is now safe to swim and fish in and live next to. The people have gained, or preserved, a good thing, a freedom to use the river safely.

In the best societies laws are structured for maximum liberties for the most people. In the worst societies laws restrict the common citizen so the few may profit. Some would say the laws which restrict the duelists and the corporations are tyrannical and unnecessary, that the rights of the elite and the wealthy are more important. Others would disagree.

This is a central point of contention in American society. Liberals want laws and regulations which will maximize the freedoms and safety of the average individual. Right-wing conservatives and libertarians want a slashing of most laws so the wealthy elite can do whatever they want for maximum profit and power.