THE DECLARATION OF THE RIGHTS OF MEN AND OF CITIZENS - AN ANALYSIS IN FIVE PARTS
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 punishment or protection as justice sees fit. The sixth section of the declaration states that:
"All being equal in its sight, are equally eligible to all honours, places and employments, according to their different abilities, without any other distinction than that created by their virtues and talents."
Effectually, this levels the metaphorical playing field, rightly empowers the skilful and the able while ensuring men are distinguished not by the colour of their skin, nor by their religion and neither by their wealth - but by their merits and abilities.
Unfortunately that has never been so. There are a plethora of sordid historical examples that contravene section VI. The apartheid, holocaust and slave trade are amongst the many historical events that have grossly violated the former section. Nepotism, racism, sexism and segregation still ail society and contribute to its atrophic senescence.
One audacious claim is that every man is innocent, until proven guilty by the law. The present Catholic Church disagrees, believing than everyone is born with the burden of original sin. It is not the only body that believes in immediate guilt, many states (including China) adopt a judicial system, which operates on a contrary principle: that every man is guilty until proven innocent by the law.
Each individual is entitled to his own opinions, their expression and their communication (regardless of content and context). The Declaration explicitly iterates that this is a man's most "precious right" and can only be annulled when it threatens the public order. The law establishes the threat.
How exactly can you abuse the right of free speech? Who has the right to decide when freedom of speech is abused? A state may act unjustly towards the expression of politically or religiously sensitive opinions, as they may rouse widespread criticism and lead to an imbalance of governing power and authority. However, is it within the law's rights to place the right to freedom of speech below its own interests? Such controversy is faced in places such as China and Russia. However, the uproar provoked by Julian Assange and Edward Snowden prove that the West cannot lay claims to an unmarred reputation of moral conduct.
Individual intrinsic equality is never defined with autonomy, since it is always bordered by the canons of the law. The Declaration seems to state that the power of the law transcends the rights of man, as it may decide what is within and excluded from such rights. It is given the power to distinguish and determine.
The Declaration defines the primary duty of the law as an "expression of the will of the community" and that the law should only "[prohibit actions that are hurtful to society]". It decrees, "what is not prohibited by the law, should not be hindered" and "the law ought to impose no other penalties but such as are absolutely and evidently necessary".
The law is detailed as the decision-making faculty in society, it has the power to imprison, accuse, arrest, apprehend and (the two most important powers) to determine the extent at which one man may secure the liberal exercise of his own rights and to establish when public order is...
... The Declaration of the Rights of Man and of the Citizen, an article written by the National Assembly, is a prime example of an enlightenment text, for in seventeen simple articles, it expresses the basic rights of man and citizens. The first article states, “men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.” During enlightenment, it was believed that all humans are good people, although there was always room for improvement. This idea relates to article one, for article one proclaims that social distinctions are determined solely on how a person you are. Article two states, “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.” Enlightenment thinkers believed that before the law, people have rights to life, liberty, property and the pursuit of happiness, which is directly represented in article two. The last article which truly exemplifies enlightenment ideas is article ten, which states, “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. During enlightenment, people believed that there should be a separation between...
...Two early American documents, the Constitution and the Declaration of Independence have, over the past 200 years, influenced a great number of democratic ideas and institutions. The Declaration of the Rights of Man and the Citizen and the Universal Declaration of Human Rights share many obvious similarities to both the Declaration of Independence and the Constitution.
TheDeclaration of the Rights of Man and the Citizen was written by the Marquis de Lafayette, approved by the National Assembly of France in 1789, and gave meaning to the revolutionary cry "Liberty, Equality, and Fraternity." The Universal Declaration of Human Rights was written on December 10, 1948 by the General Assembly of the United Nations. Its purpose was to make known the "standards" for living set by the members of the United Nations.
Although there are many similarities between the two American documents and the two later documents, only four are the most impacting and relevant. According to the Universal Declaration of Human Rights, Article 17.1, "Everyone has the right to own property alone as well as in association with others." This is taken from the Declaration of Independence, "...that among these are life, liberty, and the pursuit of happiness." At the time of the...
...have many different layers of rights in terms of the citizens who use their Internet site. A private citizen creating their own site to blog and speak their mind is one thing, but when they are using a site created by someone else, they are subject to that site creator’s views and decisions. For example if I was Mark Zuckerberg and I did not like that someone created a page about being anti gay marriage, I would delete that page at my own discretion. On the other hand, if corporations are choosing to attack people on privately own internet sites, I do not think that is fair. If someone is attacking and talking negatively about their corporation, they can either fight back and address it, or report it to the site owner, who can then decide to take action. But if the words are on a bloggers private site, there is really nothing the corporation can fairly do about it. That is freedom of speech. Free speech is a human right but it is all in context. For example, if someone thought that a restaurant was discriminating against who they hire, it is their free speech to stand outside on the sidewalk of that restaurant to tell incoming patrons their thought. But if they walked into the restaurant, the manager has the power to force them to leave. Outside, the manager has no right. I definitely do think that U.S. companies should have varying policies when it comes to consumer privacy and free speech. If the...
...Declaration of the rights of Man & the Citizen in the Reign of Terror
Fueled by the Enlightenment ideas, the French revolution from 1789 – 1815 is an event of great international importance. Not only did it mark the rise of Napoleon Bonaparte, who became one of the greatest emperor in the world history, but also marked the destruction of the Old Regime. This was when France changed from a monarchy to a republic, the first French Republic. This was the revolution that brought change in the structure of the society. The revolution, led by the middle class, meant the end of the tyranny of the King and the aristocracy and marked the rising of the working class. It marked the end of an era. But most importantly, in a world where absolute monarchy was still prevailing, and where the divine right of the King and the power of the nobility were still prevailing, the French Revolution brought about a rebellious attitude.
This was a rebellion towards the old traditions which, later, started to spread the ideas of equality all over France and eventually all over Europe. This was the period when various philosophical ideas were starting to prevail all over Europe and the French republic was attempting to maintain order and peace within the country, amidst a lot of violence and bloodshed. One of the documents that stand out from this period is the Declaration of the Rights of man and the...
SSC 102 – Global Perspective
The Universal Declaration of Human Rights
“THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.”
The above statement was pulled directly from the declaration adopted by the United Nations General Assembly on December 10, 1948 in Paris, France. The declaration was created due to the disadvantages learned during World War II. It was the first deposition created concerning the rights of all human beings across the globe. The declaration is comprised of 30 articles which “elaborate in subsequent international treaties, regional human rights instruments, national constitutions and laws.” (http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights)
...Running head: A DECLARATION: FREEDOM AND THE RIGHTS OF MAN 1
A Declaration: Freedom and the Rights of Man
A DECLARATION: FREEDOM AND THE RIGHTS OF MAN 2
This project concerns the insult on the American society by their government and the attack the freedoms and rights granted them in the Constitution. The paper touches in the top concerns of citizens by mentioning and explaining specific points of the offensive set forth by the government. Explanations of tyranny by use of regulations, out of control spending, executive privilege, and taxation. With a overwhelming regulatory environment, sixteen (16) trillion dollars in federal debt, and overrides of the Constitution, creates a non-freedom friendly environment.
A DECLARATION: FREEDOM AND THE RIGHTS OF MAN 3
A Declaration: Freedom and the Rights of Man
In the course of history, it occasionally becomes necessary to dissolve one’s democratic ties to another. Governments are established by citizens, to protect the rights of man from the disastrous reign of tyranny. Throughout time, tyrants, thieves of the rights of nature and man, and pirates of God’s will, have relinquished the civil...
...The Creation of the
Universal Declaration of Human Rights
Though human rights as a whole (or for most of history, the idea of human rights) have been present since the beginnings of civilization, its prevalence as a “normal” and “obvious” component of international relations did not emerge until much recently, with the ratification of the Universal Declaration of Human Rights (UDHR) in 1948. The Universal Declaration of Human Rights was created by the United Nations in order for all people in all nations to recognize each individual’s humanity, and the equal rights that are given to them on the basis of that humanity. As the UDHR’s preamble articulates, the Document aims for the “recognition of inherent dignity and of the equal and inalienable rights of all members of the human family”, grounded by the “foundation of freedom, justice, and peace”. 1 In other words, no human is excluded from possession of human rights; regardless of age, sex, gender, ethnicity, religion, or class, so long as one is a member of the human race, they are inherently entitled to the rights listed in the UDHR.
Today, the UDHR, legitimized by the United Nations in 1948, is widely regarded as one of the most important documents of the twentieth century. The UDHR was drafted following the footsteps of previous international human...
The distribution of civil rights after the Civil War has shaped the nation in several ways. Civil rights are the rights of citizens to political and social freedom and quality. These rights have been gained and taken throughout many points in history such as Reconstruction, Industrialization and Immigration, American Imperialism, Progressive era, World War 1, The Roaring Twenties, The Great Depression and World War 2. These rights that were gained and taken have affected politics, culture and social order.
During the Reconstruction period several civil rights were added and taken away. The thirteenth, fourteenth, and fifteenth amendments were added to the Constitution. On December 6, 1865, the thirteenth amendment was ratified. The thirteenth amendment banned the institution of slavery. The fourteenth amendment which was ratified in 1868 was directed towards all of the people in the United States. The fourteenth amendment declared anyone that was born in or naturalized in the United States citizens. In March 30, 1870, the fifteenth amendment was passed. The fifteenth amendment was directed towards all male citizens and granted them the right to vote. It also gave everyone except women the right to vote of their race, color, or whether or not they were subject to anyone more powerful or of higher authority....