“Liberty consists in the freedom to do everything...

“Liberty consists in the freedom to do everything, which injures no one else: hence, the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. Law can only determine these limits.”[^3] According to Article five of the same Declaration, “Law cannot prohibit such actions as are hurtful to society.

Noting can be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law.”[^4] According to this Declaration, law is the expression of the general will and what the people’s representatives determine is the manifestation of law and general will. As observed in this Declaration, there are some limits for individual rights and freedoms, which are, accepted facts.

That human rights and freedoms are limited where they are injurious to society or where the rights of others are infringed upon is a concept accepted as the first and most impassioned step in formulating human rights.

This is the point where the clash between individual and public rights emerges, as the representatives of every society, basically known as fomrnlators of the general will according to the Universal Declaration of Rights, can detemiinc the limits and the hurtful aspects of human rights. Since there are different values, cultures, principles and traditions among different nations, a number of different interpretations appear: What is hurtful? What threatens public well being?

How and by what criteria must the law limit individual rights and freedoms? This is the crux, which may give a different spin to the fate of human rights in different countries. Different solutions are provided to this crux within the context of political obligations and the dominant culture within each society. In the eighteenth and nineteenth century France, the first step to safeguard and advance human rights was taken in what appeared to be the violation of the basic human rights.

At that time it was deemed advisable that the revolutionary authority of the French Community be guarded against alien aggression and that the power of the French government, which served to protect revolutionary values and those of the general public, be consolidated. The achievement of this aim called for a powerful army, independent of the wealth of the feudalists and nobles. With respect to this law, miltary service was made obligatory.