Document: Essay on the limits of freedom. Dissertation sur les limites à la liberté
Extrait: 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.
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[...] 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'. [...]
[...] Thus, the law protects freedoms since it recognizes rights. It also limits them since it imposes duties, interdicts and restrictions (Montesquieu 1748). For example, the civil code affirms the absolute character of the property right, but many texts provide restrictions for this principle, in particular on behalf of the interest of the community (environmental protection, expropriation due to public utility Freedoms can also be regulated to guarantee the law and order. One thus calls the whole of the conditions which make it possible the law to be implemented: justice. [...]
[...] the choice of homosexual). Belonging to the principles of the human rights, freedom cannot enter in conflict with some concepts as dignity, ethics or morals, as well as they do not give only to freedom means which it needs, in the form of social rules of behaviours, they give to freedom its finality. Therefore, of this freedom, it was admitted in the majority of democratic countries, the choice of beliefs. However if it is proven that a movement which is told religious undermines the dignity of its members, by humiliating processing or by making them act under the stress, this movement (which called a sect) can be dissolved by justice. [...]
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