THE DECLARATION OF THE RIGHTS OF MEN AND OF CITIZENS - AN ANALYSIS IN FIVE PARTS EQUALITY The Declaration of The Rights of Man and of Citizens begins with a clear stipulation of intrinsic freedom and equality in every man. Equality, therefore, seems to be an appropriate place to begin. The Declaration defines our equality in relation to our rights, such that we are all born with the same entitlements and among them the right to perpetuate such rights throughout our lives. Each and every one of us is entitled to the expression of the will of a community (which, according to Rousseau, is the collective will of the constituent individuals). In a similar light, the law is to regard each individual without bias; performing its duty of …show more content…
What gives another man the power to wield the scales of the law, is he superior to any other man that he may decide his counterpart 's fate? Who has the prerogative to empower another man with the sword and shield of the law? According to the declaration, "all citizens have a right…either personally, or by their representatives, in its formation". So the populace, by right, has power over the law, which in turn, by right, has power over the populace. Ideally, this ascertains the equality of power. A cyclic system where the law changes with the people and adjusts itself accordingly as the essence of man itself changes; where any change in the attitudes of the people is reflected in a change in the law. Equilibrium is, therefore, maintained and this allows elasticity and exposes duality in the expression of power. This is by no means a moral system. By this definition, the law is as fickle as man and serves as an inadequate canon, an imitation canon to reassure us that we are a moral and just society. Though the Declaration implores the equal distribution of law, all being equal in its sight, it has managed to allow the atrocities committed in the past. The witch hunts, slave trade, oppression of women, exploitation of children and the inquisition are merely a few events where the latter section of the clause ("[the law] should be the same to all") has been unpardonably
On June of 1776, the Declaration of Independence was born. Drawn up by Thomas Jefferson and based on the works of John Locke, the general purpose of the document was to clarify that governments have conditional, not absolute authority over the people; that human beings possess natural rights that can’t be taken from them and government is created to protect those rights. The phrases “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” were the main theme of the social contract written for the small colonies of what would be the basis of the United States of America to declare independence from Great Britain and its tyrannical king. However, “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” did not apply to African Americans, enslaved or free for the coming years.
The Declarations of Rights of Man and Citizen differ to the Bill of Rights because of the different social and economic institutions. The Bills Of Rights protect citizens through the security of the government. The ten amendments don't directly address the rights of individuals, instead allow the government to enforce them, such as; congress will make no law inflicting rights of speech, press, and religion. These are objectives of the government to keep in tact, not necessary a right upon an individual. However, in the Rights of Man and Citizen it addresses the individual and their equality before the law. In article four it announces that liberty is based on the individual not to harm another. Thus, has no limits but the law will determine the limits. In article one it states, "Men are born and remain free and equal in rights."4 The diction in the Declaration gives the impression of the equality among individuals first, than law will follow. It contrasts to the Bill of Rights; which established a government for law, to protect the rights of individuals. In The Declaration addressed the responsibility of individuals and general will to mold the law.
The Declaration of the Rights of Woman and the Female Citizen was written in the late 1700’s. This document is important because it shows how women are just as equal as men are. It states that, “Woman is born free and lives equal to man in her rights. Social distinctions can be based only on the common utility”(Traditions and Encounters 640). Women have always played a significant role during crises. Almost all the times they were devaluated and history did not dedicate them many pages to point out their contribution and its positive or negative effects.
As per the 1948 Universal announcement of human rights, all individuals regardless of their background are all born equal before the law. This declaration made by the powerful nations and signed by all nations strong and weak that belong to the United Nations reflects the thoughts of many earlier philosophers to include the 16th & 17th Century Martin Luther, Thomas Hobbes, and John Locke. However, each philosopher -based on their times and experiences gave a different value to how men use their freedom and equality in presence of the other in a society, and in relation to political authority. As determinant of his freedom to act and think, the three writings focused on the will of man, the promise that shapes the social contract, and the
Declaration of Rights and Sentiments was a historical resolution passed in the First Women’s Convention that took place in Seneca Falls, New York. The main goal of the convention was to give equal and fair chances to the women in the society along with men. In US and in other parts of the world there was a huge inequality between men and women. The woman was denied of social status like man. There was no voice for woman in the society. In order to reduce the inequality the Convention passed much resolution in favor of woman.
The Declaration of the Rights of Man and the Citizen was created in 1789 after Louis XIV finally allowed the three estates to meet alongside one another, creating the "National Assembly". It is important to note the era in which it was created because it was created in a time where the feudal system had been the most powerful form of government for hundreds of years.
Another reason why is that the government didn’t reinforce or support the main ideas of the revolution. Robespierre invoked The Declaration of the Rights of Man and Citizen, which was made to protect the people from the government. But according to Document G, in 1794, he was saying how they must smother the enemies of the republic. A lot of the enemies though were French citizens that challenged the government, they made chaotic state. In the “Declaration of the Rights of Man and Citizen” it states “No one should be silenced on account of his opinions, including his religious views.” In that case, people are being brutally killed for expressing their own opinions. The government discriminated same-sex relationships and treated people
The fire was burning too brightly and in order to contain the flames out of this came the creation of the Declaration of the Rights of Man and of the Citizen on the 26 August 1789 by the National Assembly, composed of those from the Third Estate. This declaration was heavily influenced by the American Revolution and Thomas Jefferson, who one of the founding fathers and a principal author of the Declaration of Independence in 1776. It was all about man’s ‘natural right’ at any time and pertaining to any individual, no matter where they were in the world. This is one of the most important and significant declarations created in all of history. It created an outcry and demand for similar rights and liberty across all of Europe, where most countries were still dominated by the establishment of the monarchy. It also spread universally, to places such as the Caribbean and the Middle East who wanted a democratic republic just like France had been aiming for. What many countries started to see was that such freedom was born out of the ever growing reality of nationalism, which had already caused terror among and against the people.
Thirdly, due to the limitation of the times, such as the phase of social development and human civilization, certain unjust laws could also come into being. Consider, for example, the segregation laws set up in Alabama were politically, economically and sociologically unjust, or even morally wrong and sinful from the eyes of people after that time. Yet, admittedly, at the early phase of the enforcement of the segregation laws, few had ever realized huge injustice and sin inherent in it.
France’s, The Declaration of the Rights of Man and Citizen, played an integral role in the development of democracy and the pursuit of liberty throughout Europe. This document was written and introduced by General Lafayette as a result of the French Revolution. The French Constituent Assembly passed it in August of 1789. Influenced by Thomas Jefferson, the American Declaration of Independence, the American Revolution, and the ideas of the Enlightenment philosophers, the document reiterates the values of the French Revolution. Declaring that the rights of man should be universal and remain valid no matter the time or place. The Declaration of the Rights of Man and Citizen was a very purposeful document expressing many of the ideas of the French Revolution and the Declaration of Independence.
Thus, the citizens become a collective body called the “sovereign”, which is considered to be the supreme authority of the state. The sovereign acts based upon the interest of the common good, or the “general will”. The sovereign also exercises their political power through laws, which must ensure equality and liberty.
Jean Jacque Rousseau believes that the only legitimate source of power is from those who have the consent of all the people. In his book Social Contract Book 1, Rousseau examines the fact that although all men are born free, their natural rights are suppressed by the common society and the contracts they may abide by. When a group of people comes together to form a government, they form a sovereign. They represent a community in which the people strive for common good, and there is a mutual agreement between the people and the government. Rousseau’s findings and ideals have helped create the basic fundamentals by which our government runs today.
At the core of society are the undeniable rights we are afforded as human beings. These rights are outlined in the United Declaration of Human Rights (UDHR) as a way to protect each individual’s freedoms. Since its adoption sixty-seven years ago, society and its viewpoints have changed drastically (“The Universal Declaration of Human Rights”). Therefore, while at the time the intentions for this document might have been genuine to protect all people, they are no longer sufficient. The lack of inclusion in this document has led to the creation of documents such as the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
We have the ability, that all men and women are giving unalienable rights. Which cannot be taken or denied by others which involves life, liberty and the pursuit of happiness. But instead we must come up with a conclusion to dissolve the problem that is occurring right now. The higher power must have the ability to listen to people's opinions about how they’re running things
Locke indicates that, by giving up some of one's rights, the state gains legislative power and is obliged to use this power to make laws that benefit the people, who hired it. Locke writes that, "This legislative is not only the supreme power of the common-wealth, but sacred and unalterable in the hands where the community have once placed it...over whom no body can have a power to make laws, but by their own consent, and by authority received from them." (XI 134) Rousseau argues that the state should not be able to acquire legislative power, but simply acts as an executive. He claims that the legislative power comes from the people, for the sovereign is simply the general will of everyone, in which the state should obey and enforce. Rousseau states that, "Each of us puts his person and all his power in common under the supreme control of the general will, and, as a body, we receive each member as an indivisible part of the whole" ( ), showing that the aggregate mind of the people, the general will, has the legislative power as "all" powers are given to it.