Freedom of action

Freedom of action is a term used in philosophy and jurisprudence (Basic Law).

Philosophy

The actions of a person is considered free if it is possible for her to do what she wants, so to follow their nature, interests and motives. If the intended action can not be performed by external or internal circumstances that freedom of action is limited.

• An internal constraint is for example a paraplegic, which makes it impossible to deliberate action " climb stairs ". Similarly, mental health disorders such as phobias or compulsions restrict this freedom.
• That having served a prison sentence is an example of external constraints, because it prevents the prisoner from moving freely in society.

Jurisprudence

Constitutionally, the general freedom of action has been found in Article 2, Paragraph 1 of the Basic Law reflected: According to the jurisprudence of the Federal Constitutional Court Article guaranteed 2, Section 1 of the Basic Law, the general freedom of action, so includes any human behavior and illustrates a general collection of fundamental rights ( BVerfGE6, 32). Accordingly far is the scope of the fundamental right. It covers, inter alia, the personal and the social area, the freedom in commercial operations, the contractual autonomy, the freedom to travel or freedom from contamination with public duties.

Is limited, the general freedom of action by the rights of others, the moral law and the constitutional order ( Article 2, Paragraph 1 of the Basic Law ). Through the rights of others, both private and subjective public rights of third parties protected, but not all interest of the third party, but only the legally protected interests worthy of protection.

Psychology / Pedagogy

The self- critical or human agent is goal of all efforts of parents ( pedagogy). This is true today as widely accepted. The difficult question is: How do the efforts to this goal?

Have practiced - the free decision - on the one hand the man who develops into an individual who is able to decide freely, in many situations of his childhood and youth ebendas needs. On the other hand, the individual must have had the opportunity to develop in social contexts (eg, binding to a caregiver ) to man ( Developmental Psychology ). Ultimately arises the status of responsible and freely acting people in a society of this tension, namely to act responsibly of independent insights, but in social contexts and relationships.