Declaration of the Rights of Man and of the Citizen. Approved by the National Assembly of France, August 26, 1789

Transcription

1 Declaration of the Rights of Man and of the Citizen Approved by the National Assembly of France, August 26, 1789 The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen: Articles: Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation. 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. These limits can only be determined by law. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offense.

2 The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner's person shall be severely repressed by law. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the good of all and not for the personal advantage of those to whom they shall be intrusted. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be equitably distributed among all the citizens in proportion to their means. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of the taxes. Society has the right to require of every public agent an account of his administration. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined, shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified. The above document was written by The Marquis de Lafayette, with help from his friend and neighbor, American envoy to France, Thomas Jefferson. Lafayette, you may recall, had come to the Colonies at age 19, been commissioned a Major General, and was instrumental in the defeat of the British during the American Revolutionary War. He considered one special man his 'father': George Washington. French King Louis XVI signed this document, under duress, but never intended to support it. Indeed, the Revolution in France soon followed, leading to the tyrannical rule of Napolean Bonaparte.

3 Olympe de Gouge: Declaration of the Rights of Women, 1791 Olympe de Gouges, a butcher's daughter, proved to be one of the most outspoken and articulate women revolutionaries. In 1791 she wrote the following declaration, directly challenging the inferiority presumed of women by the Declaration of the Rights of Man. Her attempts to push this idea lead to her being charged with treason during the rule of the National Convention. She was quickly arrested, tried, and on November 3, 1793, executed by the guillotine. Woman, wake up; the tocsin of reason is being heard throughout the whole universe; discover your rights. The powerful empire of nature is no longer surrounded by prejudice, fanaticism, superstition, and lies. The flame of truth has dispersed all the clouds of folly and usurpation. Enslaved man has multiplied his strength and needs recourse to yours to break his chains. Having become free, he has become unjust to his companion. Oh, women, women! When will you cease to be blind? What advantage have you received from the Revolution? A more pronounced scorn, a more marked disdain. In the centuries of corruption you ruled only over the weakness of men. The reclamation of your patrimony, based on the wise decrees of nature-what have you to dread from such a fine undertaking? The bon mot of the legislator of the marriage of Cana? Do you fear that our French legislators, correctors of that morality, long ensnared by political practices now out of date, will only say again to you: women, what is there in common between you and us? Everything, you will have to answer. If they persist in their weakness in putting this non sequitur in contradiction to their principles, courageously oppose the force of reason to the empty pretentions of superiority; unite yourselves beneath the standards of philosophy; deploy all the energy of your character, and you will soon see these haughty men, not groveling at your feet as servile adorers, but proud to share with you the treasures of the Supreme Being. Regardless of what barriers confront you, it is in your power to free yourselves; you have only to want to... Marriage is the tomb of trust and love. The married woman can with impunity give bastards to her husband, and also give them the wealth which does not belong to them. The woman who is unmarried has only one feeble right; ancient and inhuman laws refuse to her for her children the right to the name and the wealth of their father; no new laws have been made in this matter. If it is considered a paradox and an impossibility on my part to try to give my sex an honorable and just consistency, I leave it to men to attain glory for dealing with this matter; but while we wait, the way can be prepared through national education, the restoration of morals, and conjugal conventions.

4 Form for a Social Contract Between Man and Woman We, and, moved by our own will, unite ourselves for the duration of our lives, and for the duration of our mutual inclinations, under the following conditions: We intend and wish to make our wealth communal, meanwhile reserving to ourselves the right to divide it in favor of our children and of those toward whom we might have a particular inclination, mutually recognizing that our property belongs directly to our children, from whatever bed they come, and that all of them without distinction have the right to bear the name of the fathers and mothers who have acknowledged them, and we are charged to subscribe to the law which punishes the renunciation of one's own blood. We likewise obligate ourselves, in case of separation, to divide our wealth and to set aside in advance the portion the law indicates for our children, and in the event of a perfect union, the one who dies will divest himself of half his property in his children's favor, and if one dies childless, the survivor will inherit by right, unless the dying person has disposed of half the common property in favor of one whom he judged deserving. That is approximately the formula for the marriage act I propose for execution. Upon reading this strange document, I see rising up against me the hypocrites, the prudes, the clergy, and the whole infernal sequence. But how it [my proposal] offers to the wise the moral means of achieving the perfection of a happy government!... Moreover, I would like a law which would assist widows and young girls deceived by the false promises of a man to whom they were attached; I would like, I say, this law to force an inconstant man to hold to his obligations or at least [to pay] an indemnity equal to his wealth. Again, I would like this law to be rigorous against women, at least those who have the effrontery to have recourse to a law which they themselves had violated by their misconduct, if proof of that were given. At the same time, as I showed in Le Bonheur primitit de l'homme, in 1788, that prostitutes should be placed in designated quarters. It is not prostitutes who contribute the most to the depravity of morals, it is the women of' society. In regenerating the latter, the former are changed. This link of fraternal union will first bring disorder, but in consequence it will produce at the end a perfect harmony. I offer a foolproof way to elevate the soul of women; it is to join them to all the activities of man; if man persists in finding this way impractical, let him share his fortune with woman, not at his caprice, but by the wisdom of laws. Prejudice falls, morals are purified, and nature regains all her rights. Add to this the marriage of priests and the strengthening of the king on his throne, and the French government cannot fail. From "Olympe de Gouges, 'Declaration of the Rights of Woman and Female Citizen,"' in Darline Gav Levy, H. Applewhite, and M. Johnson, eds., Women in Revolutionary Paris, (Urbana, IL: University of Illinois Press, 1979), pp

5 The Declaration of Independence IN CONGRESS, July 4, The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.- -That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

6 He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has affected to render the Military independent of and superior to the Civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For Quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world: For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies: For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us.

7 He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

8 Two Treatises of Government: a short summary and analysis John Locke via SPARKNOTES Summary The First Treatise is a criticism of Robert Filmer s Patriarcha, which argues in support of the divine right of kings. According to Locke, Filmer cannot be correct because his theory holds that every man is born a slave to the natural born kings. Locke refuses to accept such a theory because of his belief in reason and in the ability of every man to virtuously govern himself according to God s law. The Second Treatise is Locke s proposed solution to the political upheaval in England and in other modern countries. This text laid the foundation for modern forms of democracy and for the Constitution of the United States. The Second Treatise consists of a short preface and nineteen chapters. In chapter i, Locke defines political power as the right to make laws for the protection and regulation of property. In his view, these laws only work because the people accept them and because they are for the public good. In chapter ii, Locke claims that all men are originally in a state of nature. A man in this original state is bound by the laws of nature, but he is otherwise able to live, act, and dispose of his possessions as he sees fit. More important, human beings, free from the arbitrary laws of other men, have an obligation to protect the interests of each other, since they are all equally children of God. They also have an obligation to punish those who go against God s will and attempt to harm another by compromising his life, liberty, or possessions. In chapters iii and iv, Locke outlines the differences between the state of nature and the state of war. The state of nature involves people living together, governed by reason, without need of a common superior. The state of war occurs when people exert unwelcome force on other people, interfering with their own natural rights and freedom, without common authority. The difference between war in society and war in nature depends on when they end. In society, war ends when the act of force, such as fighting, is over. When the last blow has been thrown, both parties can appeal to common authorities for the final resolution of past wrongs. But in nature, war does not end until the aggressive party offers peace and offers to repair the damage done. Locke claims that one of the major reasons people enter into society is to avoid the state of war. Chapter v deals with the definition and function of property. Whether by natural reason or the word of the Bible, the earth can be considered the property of all the people in the world to use for their collective survival and benefit. But Locke also believes in individual property. For individual property to exist, there must be a way for individuals to take possession of the things around them. Locke explains that the best theory of right to ownership is rooted in the fact that each person owns his or her own body and all the labor that he or she performs with that body. So, when an individual adds his own physical labor, which is his own property, to a foreign object or material, that object and any resulting products become his property as well. Locke defines labor as the determining factor of value, the tool by which humans make their world a more efficient and rewarding place for all. Locke explains that money fulfills the need for a constant measure of worth in a trading system but is still rooted in the property of labor.

9 The rest of the Treatise is devoted to a more specific critique of government, stressing the rule of the majority as the most practical choice for government. He identifies three elements necessary for a civil society: a common established law, a known and impartial body to give judgment, and the power to support such judgments. He calls for a government with different branches, including a strong legislature, and an active executive who does not outstrip the lawmakers in power. Toward the end of the Treatise, Locke finally arrives at the question of forming a new government. When the state ceases to function for the people, it dissolve or is overthrown and may be replaced. When the government is dissolved, the people are free to reform the legislative to create a new civil state that works in their best interest. Locke insists that this system protects against random unrest and rebellion because it allows the people to change their legislative and laws without resorting to force. Analysis The ideas expressed in the Treatises arose in the middle of England s political drama involving Charles II. Locke hoped to provide a convincing critique of England s current form of government and lay the groundwork for a better option. At the time, Locke s good friend and ally Lord Ashley, the Earl of Shaftesbury, was working from within the aristocracy to overthrow Charles II. Shaftesbury and many others wanted to prevent him from allowing James II, his Catholic brother, to ascend to the throne. Locke worked on both treatises over several years, finally publishing them when William of Orange invaded and seized the throne in what was called the Glorious Revolution. Locke hoped that his new model of government would support William s revolution as the necessary solution to a monarchy that had abused its privileges. Robert Filmer s Patriarcha had argued for the divine right of kings, and the refutation of this position, which had the weight of centuries of tradition behind it, was one of Locke s major tasks. Locke describes government as a human invention organized chiefly to further and protect the right of personal property. Human beings have an obligation in accordance with natural, divine, and moral law to care for each other and support the whole human race. Locke s explanation for the responsibility of community essentially boils down to the Golden Rule: Do unto others as you would have done unto you. Despite various forms and complicated expansions, no philosopher or political thinker has provided a simpler, more obvious standard than Locke. The first few chapters of the Second Treatise reveal some of Locke s most basic beliefs about human nature. Certain problems necessarily arise in a state of nature, such as the fact that some people will always make war or come into conflict with each other, steal from each other, act aggressively toward each other, and so on. But Locke firmly believes that all people have the ability to use reason to find the correct moral path. He insists that we are rational enough to know what is, and is not, in our best interest. Belief in this universal ability is essential to his remedy for war civil government. Locke believes that people voluntarily create societies and governments all over the world because government provides certain things that the state of nature cannot, like protection and stability. For Locke, maintaining personal liberty is the key to a proper government, which should work toward the individual s and the commonwealth s best interest at all times.

10 The Second Treatise expresses even more emphatically that the key to all of Locke s political theories is property and the right to individual ownership of goods. Locke doesn t directly discuss the importance of property until chapter ix, but once he does, property quickly becomes the center of his model for government. After all, Locke says, the primary reason that people join together to form societies is that they have property to protect. Those same people become willing to give up some of their natural rights to the governing of a central authority, since those with property need a higher central authority to protect it. We may note, however, that this explanation leaves those without property out in the cold. Although Locke s ideas were revolutionary for his time, they have sometimes been criticized as lacking equal treatment for landowners and nonlandowners (i.e., the rich and the poor) alike. Locke supports the right of the people to overthrow rulers who betray them. The executive and the legislature coexist independently to keep each other in check. Further, Locke asserts that if a leader violates the community s trust, the people can and should replace him immediately. Similarly, if the legislative body does not fulfill the needs of the people, it should be dissolved and replaced with whatever form of government the people think best.