Essay on the limits of freedom. Dissertation sur les limites à la liberté
For most people, freedom indicates a complete absence of constraints and limits. To be free, is to do what one want, to act with an own way, without being stopped by something or somebody.
PART 1: THE LEGAL ASPECT OF FREEDOM
I- The definition given by the French Declaration of Human Right and the Citizen (1789)
II- Limits, freedom and law; which compatibility?
PART 2: CONFLICTS OF FREEDOM
I- What is a conflict of freedom
II- Freedom, dignity and ethics.
[...] So a law is needed, discussed and voted by the representatives of the people. The law, indeed, is expression of the general will” (article 6 of the Declaration 1789). The Universal Declaration of the Human rights (1948), as for it enacting the fundamental human right, specifies in its article 29: everyone has duties to the community in which alone the free and full development of his personality is possible. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law . [...]
[...] We can then assume that to limit freedom it should be necessary to base the limitation on criteria which can protect it at the same time. References Declaration of the Human Rights and the Citizen, Approved by the National Assembly of France, August Available at: http://original.britannica.com/eb/topic-503563/Declaration-of-the-Rights-of- Man-and-of-the-Citizen (Accessed: 17 august 2008) Freedom (philosophy) (2008) Available at: http://en.wikipedia.org/wiki/Freedom_(philosophy) (Accessed: 17 august 2008) Freedom (political) (2008) Available at: http://en.wikipedia.org/wiki/Freedom_(political) (Accessed: 17 august 2008) Gary, E.M. and Mc Neil, A. (2007) all want freedoms and we all need limits'. [...]
[...] But how to make limits right, and in which cases? Limits of freedom and the different questions which result from this could thus be discussed according to a plan based on two points. The first one will give the legal aspect of freedom, whereas the second will present the question of conflicts of freedom. The analyse of these two points will be able to bring finally one among several elements to answer to the question: is it necessary to put limits to freedom? [...]
[...] To sum up, this essay has exposed the main features of limits of freedom. It has emerged that freedom should be hang up by law, as well as it seems necessary to define the content, and the limits of a freedom to affirm a right to freedom. Indeed a freedom which would become arbitrary and unlimited would put in danger itself. To do what one wants, could result in a loss within imaginations and desires, and following them might not be the best thing, because it is possible to be slave of its desires, and to lose then all freedom. [...]
[...] This one can for example, prosecute, stop and condemn authors of infringements. When two recognized and valid freedoms are in conflict, the law must intervene. It slices by regulating freedoms in question: it becomes possible to reconcile two freedoms or of knowing which has priority and in which case. In general, conflicts emerge between individual freedom of choice and the right to protect and found the wellbeing of all citizens. So on one hand, given the fact that freedom to undertake is one of the aspects of freedom; each one is then free to create a firm, to buy that of another, to join it with his, to do what called a concentration or a consolidation. [...]
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