In what ways was the Declaration of the Rights of Man and Citizen impacted by Enlightenment ideas?

The representatives of the French People, formed into a National Assembly, considering ignorance, forgetfulness or contempt of the rights of man to be the only causes of public misfortunes and the corruption of Governments, have resolved to set forth, in a solemn Declaration, the natural, unalienable and sacred rights of man, to the end that this Declaration, constantly present to all members of the body politic, may remind them unceasingly of their rights and their duties; to the end that the acts of the legislative power and those of the executive power, since they may be continually compared with the aim of every political institution, may thereby be the more respected; to the end that the demands of the citizens, founded henceforth on simple and incontestable principles, may always be directed toward the maintenance of the Constitution and the happiness of all.

In consequence whereof, the National Assembly recognises and declares, in the presence and under the auspices of the Supreme Being, the following Rights of Man and of the Citizen.

Article first

Men are born and remain free and equal in rights. Social distinctions may be based only on considerations of the common good.

Article 2

The aim of every political association is the preservation of the natural and imprescriptible rights of Man. These rights are Liberty, Property, Safety and Resistance to Oppression.

Article 3

The principle of any Sovereignty lies primarily in the Nation. No corporate body, no individual may exercise any authority that does not expressly emanate from it.

Article 4

Liberty consists in being able to do anything that does not harm others: thus, the exercise of the natural rights of every man has no bounds other than those that ensure to the other members of society the enjoyment of these same rights. These bounds may be determined only by Law.

Article 5

The Law has the right to forbid only those actions that are injurious to society. Nothing that is not forbidden by Law may be hindered, and no one may be compelled to do what the Law does not ordain.

Article 6

The Law is the expression of the general will. All citizens have the right to take part, personally or through their representatives, in its making. It must be the same for all, whether it protects or punishes. All citizens, being equal in its eyes, shall be equally eligible to all high offices, public positions and employments, according to their ability, and without other distinction than that of their virtues and talents.

Article 7

No man may be accused, arrested or detained except in the cases determined by the Law, and following the procedure that it has prescribed. Those who solicit, expedite, carry out, or cause to be carried out arbitrary orders must be punished; but any citizen summoned or apprehended by virtue of the Law, must give instant obedience; resistance makes him guilty.

Article 8

The Law must prescribe only the punishments that are strictly and evidently necessary; and no one may be punished except by virtue of a Law drawn up and promulgated before the offense is committed, and legally applied.

Article 9

As every man is presumed innocent until he has been declared guilty, if it should be considered necessary to arrest him, any undue harshness that is not required to secure his person must be severely curbed by Law.

Article 10

No one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinions does not interfere with the established Law and Order.

Article 11

The free communication of ideas and of opinions is one of the most precious rights of man. Any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in the cases determined by Law.

Article 12

To guarantee the Rights of Man and of the Citizen a public force is necessary; this force is therefore established for the benefit of all, and not for the particular use of those to whom it is entrusted.

Article 13

For the maintenance of the public force, and for administrative expenses, a general tax is indispensable; it must be equally distributed among all citizens, in proportion to their ability to pay.

Article 14

All citizens have the right to ascertain, by themselves, or through their representatives, the need for a public tax, to consent to it freely, to watch over its use, and to determine its proportion, basis, collection and duration.

Article 15

Society has the right to ask a public official for an accounting of his administration.

Article 16

Any society in which no provision is made for guaranteeing rights or for the separation of powers, has no Constitution.

Article 17

Since the right to Property is inviolable and sacred, no one may be deprived thereof, unless public necessity, legally ascertained, obviously requires it, and just and prior indemnity has been paid.

The Age of Enlightenment occurred during the 18th century, in the decades before the 1789 outbreak of the French Revolution.  Although the Enlightenment took place many years before the outbreak of the French Revolution, its ideas and achievements still had a profound effect on the French Revolution.  In fact, many historians today look back on the Enlightenment as a major cause of the revolution.

In what ways was the Declaration of the Rights of Man and Citizen impacted by Enlightenment ideas?

French Revolution

The French Revolution saw the feudal society of France overthrow the absolute monarchy of Louis XVI in favor of a republic that was based on respect for individual rights of the people. The ideals of liberty and equality, that were needed to overthrow Louis XVI, emerged first from the writings of important and influential thinkers of the Age of Enlightenment. Specifically, the writings of John LockeJean-Jacques Rousseau and Baron de Montesquieu greatly influenced the revolutionaries in France.  Each of these three Enlightenment thinkers questioned the traditional authority of an absolute monarch and argued against the rigid class divisions of feudalism, or the estates-system, present in France.  Their questioning of authority and the role of the government inspired the revolutionaries, and ordinary citizens, of France.  In fact, the ideas of many Enlightenment thinkers were commonly discussed and debated in the salons of France, in which intellectuals and would gather to discuss the ideas of the day.  In general, the French Revolution is often viewed today as a time when the ideas of the Enlightenment were put into action.

Another impact of the Enlightenment on the French Revolution can be seen in the Declaration of the Rights of Man and of the Citizen.  The document was adopted by the National Assembly on August 26th, 1789.  The declaration was vitally important to the French Revolution because it directly challenged the authority of Louis XVI. For example, the Declaration of the Rights of Man and of the Citizen set out a series of individual rights protected by law.  The basic principles of the declaration can be seen in the ideas and arguments of the great thinkers of the Enlightenment.  As well, the declaration is considered to be one of the first documents that argued in favor of natural rights for all citizens and is seen as a major turning point in the history of the modern western world.

The Birth of the French Republic

Declaration

By: National Assembly of France

Date: August 26, 1789

Source: National Assembly of France

About the Author: The National Assembly of France formed on June 17, 1789 when the Estates General decided to change its name as revolutionary sentiments spread. The Assembly is responsible for stating France's revolutionary principles in the Declaration of Man and Citizen as well as writing the first French constitution in 1791.

INTRODUCTION

The Declaration of the Rights of Man and of the Citizen is the founding document of the French republic. A product of the 1789 French Revolution, it reflected a radically new view of human rights.

In June 1789, King Louis XVI responded to widespread anger in France by proposing a charter of rights to the Estates General. Although he granted freedom of the press along with some measure of equality to the citizens, he preserved many of the feudal rights of his nobles. The king offered far too little, far too late. Within days, he was forced to recognize the authority of the National Assembly. For the majority of representatives in the Assembly, the Revolution meant a guarantee of citizens's rights, freedoms, and equality before the law. On August 4, 1789, the Assembly decreed the abolition of the feudal regime by freeing the few remaining serfs and eliminating all special privileges given to the nobility in matters of taxation. It also mandated equality of opportunity in access to official posts. Enlightenment principles were beginning to become law.

On August 26, 1789, the Assembly further emphasized its support of the Enlightenment ideals by passing the Declaration of the Rights of Man and of the Citizen. The French were inspired to issue a document by a draft of a bill of rights that Thomas Jefferson offered to the Assembly. Jefferson, the principle author of the Declaration of Independence, served as U.S. ambassador to France in 1789. The French Declaration closely resembles the American one. Both granted freedom of religion, freedom of the press, and power to the people rather than a sovereign. The Declaration of Rights of Man and of the Citizen reflects French thought by further mandating equality of taxation and equality before the law.

PRIMARY SOURCE

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:

  1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 of their virtues and talents.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. Society has the right to require of every public agent an account of his administration.
  16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.
  17. 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.

SIGNIFICANCE

The Declaration of Rights of Man and of the Citizen does much more than simply state the obligations of French citizens. It struck at the divine right of kings, severing the nation from a past based on religion. It is a document of the Age of Reason. The Declaration ended the thousand-year-old mystique of monarchy by demoting the king to the mere executive of the people's will. He was no longer God's choice to rule and a representative of the divine. Instead, the king was a leader who had failed his people. Accordingly, the people's revolt was justified since resistance to oppression is a natural right of men.

The most enduring legacy of the Declaration lies in its assertion that citizens are equal before the law. In 1789, this assertion only applied to men. Revolutionary women such as Olympe de Gouges, author of the 1791 Declaration of the Rights of Woman and the Female Citizen, unsuccessfully sought to extend rights to women. Only in the twentieth century would French men and women gain equal rights and protections. Nevertheless, despite its shortcomings with respect to gender, the Declaration made it possible for all French citizens to eventually receive equal status. It dismantled the hereditary distinctions and privileges that had formed the center of monarchical society. The nature of sovereignty, the class structure of society, and the face of justice had been transformed forever in France.

FURTHER RESOURCES

Books

Barny, Roger. Le Triomphe du Droit Naturel: La Constitution de la Doctrine Revolutionnaire des Droits De L'Homme. Paris: Diffusion, 1997.

Dunn, Susan. Sister Revolutions: French Lightning, American Light. New York: Faber and Faber, 1999.

Van Kley, Dale, ed. The French Idea of Freedom: The Old Regime and the Declaration of Rights of 1789. Stanford: Stanford University Press, 1994.

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