Role of Criminal Law as Prohibitory and Regulatory Mechanism

The definition of liberty in itself is uncomplicated but the definition of liberty when tested in regard to different acts and circumstances turned out to be a cumbersome task. The idea of liberty is bound to vary given the nature of an act intended to pursue. While exercising liberty, one must make sure that his liberty is not in any way encroaching upon the freedom of others, or otherwise, the whole purpose behind the concept of liberty would be defeated. This research paper aims to locate the actual meaning of the term “liberty’ and whether it ought to be absolute or not in light of Berlin’s Two Principles of Liberty. The researcher also critically analyzes the role of criminal law as a prohibitory and regulatory mechanism that how & why there arose the need to prohibit and regulate the aspects of liberty. The researcher supports the idea of regulating the crime and criminal elements of society via State intervention in order to secure social cooperation among the members of society and to avoid social chaos in society. Given the fact that the state has the capacity to restrict liberty and enlarge the scope of liberty at the same time. The very underlining aim of liberty is equality in freedom to ensure and to enlarge the scope of fundamental freedoms and liberties.