Liberalism, Neo-Liberalism and Post-Liberalism; A Reference of Nepal

Abstract

Liberalism is originally a political term rather than legal philosophic doctrine. Nowadays it has been adopted as a part of society in each and every discipline including legal philosophy. It is closely associated with democracy and freedom which are exercised by people. Ultimately, it is guided by prevailing laws and institutional mechanism of the country. It is also the reflection of human civilization and development. Magna Carta Liberetum, 1215, Glorious Revolution of England, 1688, the Reform Act, 1867, Declaration of American Independence, 1776, and French Revolution, 1789 established founding stone for the liberalism which gradually started to influence across the globe. Ancient Greek and Roman philosopher interpreted liberalism based on law of nature and eternal law whereas Hobbes, Locke, and Rousseau brought the social contract theory to reveal the degree of liberalism from the point of view of state. Enlightenment liberalism of Kant, political liberalism of John Rawls, utilitarian liberalism of Jerome Bentham and J.S. Mill, entitlement liberalism of Nozick, economic liberalism of classical economist like Adam Smith, liberalism against state monopoly and liberalism of balancing of interest are important movement of liberalism. In fact, all the traditional philosophy from natural school to realism movement supported traditional issues of liberalism in law. Moreover, International institutions i.e. IMF, World Bank Group, GATT and WTO advocated privatization, market economy, globalization and transnational economy, which established neo-liberal society. In fact, neo-liberalism was the constitution reformation movement in line of global standard accordingly. Finally, post-liberalism raised the weakness of neo-liberalism. In the name of the liberalism and neo-liberalism people are exploited and suppressed. As liberalism and neo-liberalism has further expanded the gap between have and have not, post-liberalism has been emerged to solve the problem of previous doctrines. People have to themselves find a way out to get ultimate level of emancipation rejecting previous philosophic legacy having liberty in slogan. Post-liberalism supports extreme liberty in practice. In legal philosophy, CLS movement, feminism movement and postmodernism movement are the issues of post-liberalism. Nepal faced numbers of people's movement for democracy and freedom time and again. It faced democratic movement in 1951, 1990, 2005/6 etc. Currently, it has Constitution of Nepal, 2072 BS (2015 AD) which has guaranteed democracy, equality, human rights protection, religious tolerance and many more which adapts the issues of liberalism, neo-liberalism and post-liberalism. These movements of liberalism indicate the level of freedom practised in society, which represents human civilization, modernity and social harmony.