The Declaration of Rights of Men and of the Citizen

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The Declaration of Rights of Men and of the Citizen

Introduction

The declaration of fundamental human rights and the citizen is a document that contributed a great deal to societal reform. Having been greatly influenced by various other documents including the American Declaration of Independence, this document was instrumental in bringing to an end the traditional oppressive regime that undermined the importance of human worth. It constitutes seventeen articles that spell out the natural and indefeasible human rights that foster basic principles of justice, freedom and equity. It is against this background that this paper presents an in-depth evaluation of the declaration. To enhance effective coherence, it exhaustively addresses particularistic aspects of the purpose of the declaration, the author, the place and time that it was written, the basic concepts of the same and what the document revealed about the then society.

The Declaration of the rights of an individual the citizen was written and supposedly proposed by Marquis de Lafayette who was a French military and aristocrat and hailed from central France. He was assisted by Thomas Jefferson, the writer of the US declaration for independence who was also his neighbor and close friend. The characteristic consultation explains why the document is based on legal aspects. In addition, his affiliation with Jefferson enabled him to mainstream in this declaration some sections of the US declaration of Independence. In addition, it can be contended that the experience of Lafayette in the military as a General gave him a chance to understand the implications of the then type of leadership. Arguably, his position in the military was also instrumental in according him the necessary influence during that particular period of time. This was then augmented by his close relationship with Jefferson, who was a US diplomat in the country.

It can be speculated that this enhanced the credibility and subsequent acceptance of the declaration at all levels. The writing took place in 1789 in France and was adopted by the National Constituent Assembly the same year. Notably, this was the same period that the French revolution was underway. It was an important document and a precursor for French constitution. In addition, Lauren indicates that it provided the basement upon which a more comprehensive version of 1793 was based.

This document can be considered a proposed constitution due to the fact that it outlines the laws that should govern human interactions. In particular, it underscores the universal rights of humans that are valid at all places and times. In this respect, historical studies refer to it as a natural law that is not influenced by any authority of religious doctrine. However, Lauren contests this and indicates that at that particular time, its adoption was not viable. According to this point of view, its prepositions were not reflective of either the western practices or the French ideals. Thus it is contended that it was a mere vision document that was meant to provide political guidance with regards to the fundamental areas of concern that needed to be accorded utmost attention. Nonetheless, it is worth acknowledging that most of the laws and constitutions that were adopted later borrowed heavily from the document. Much as the political environment could not allow for its adoption at that particular time, it can still be considered a model constitution that challenged the then authorities to uphold human rights.

The intended audience of this document was the international community. The document derives a host of its content from the political as well as philosophical principles that characterized the age of enlightenment. Specific principles include social contract, separation of powers and individualism. In addition, its inclusion of the basic principles of human rights derived from the age of the enlightenment gives it a universal application. Human rights in this regard are considered fundamental natural rights that should not be contravened at any circumstance. Particularly, it challenges the international governments to secure these important human rights and enforce them accordingly.

The document asserts that all men are free and should be accorded equal rights. It further indicates that any form of distinctions in this regard needs to be based on common utility. This presents the first article of the documents and as indicated earlier, it implies that the document has a universal application and not restricted to France. Further, it indicates that the nation is the sole source of sovereignty. Therefore, no individual has the mandate to enforce any authority that is not defined by the same. Notably, this contravened the then situation in France. Spielvogel reaffirms that the then political monarchy considered the source of the law to be inclined in the right of the kings that was perceived to be divine. Further, the documented gave the political government a responsibility to ensure that the fundamental and inalienable rights of the individuals are secured accordingly. This also challenged the then forms of governance that placed undue emphasis on furthering the good of the authorities rather than the subjects.

Also, the document states that from the standpoint of the law, all humans are equal and therefore need to be treated as such by the public. It goes ahead to ascertain that employments, places and public dignities’ treatment of the citizens need to be non discriminatory and entirely influenced by the capacities of the same. Again this addressed the inherent disparities that characterized the then society. Before the revolution, the French population was socially stratified. As indicated earlier, the nobility and clergy that assumed top positions in this regard were treated differently. Historical studies indicate that the population was divided in three estates that included the clergy, aristocracy and populace.

The document further presents the purpose of the law. Law from this point of view should exercise the natural rights of every individual and ensure that s/he enjoys the same. In other words, the law needs to uphold the interests of the society and forbid the actions that are detrimental to human welfare only.

The document then puts forward various provisions regarding taxation. In this regard, it is certain that it lays greater emphasis on the notion of equal taxation as well as the need for relative transparency and accountability. Essentially, it indicates that the public has a right to be informed about the accounting system of taxes by the public agents. This would then enable the system of governance to win public trust. Historical evidence indicates that taxation during the pre revolutionary era in France was compounded by various complexities. In particular, the nobility and the church that were considered to be at the top of the social ladder were exempted from paying a significant percentage of taxes. The normal populace on the other hand was forced to pay numerous taxes, failure of which culminated in severe consequences.

Further, the document forbade ex post facto nature of criminal law application. Instead, it prescribed presumption of innocence. Further, it prohibited the employment of undue pressure and force to any suspect. Traditionally, this provision was not included in the then practice. In this respect, Lauren explains that suspects were considered guilty after being sentenced by relevant authorities in pre revolutionary France. However the royal courts which were also referred to as ‘parlements’ are implicated for employment of undue duress in order to extract confessions from the suspects. More over, they gave the same a limited chance for defense. Legally, there were few rights that accorded a suspect any form of defense. These disparities imply that it was highly probable for an individual to be convicted and sentenced once s/he was suspected.

The freedoms of press and speech are also represented by the declaration. Citizens in this regard need to be given a chance to express themselves through speech. However, its guarantee regarding freedom of religion is weaker than the former. In particular, it stated that the population can only enjoy religious freedom provided it does not contravene the provisions of the law. Specific reference in this regard was accorded to disturbance of public order. In addition, the declaration gave the population the right to posses property and utilize the same for various purposes. Nonetheless, it reserves the right of the public to eminent domain.

From the preceding analysis of the basic concepts of the declaration, it is clear that it is highly individualistic in nature. Furthermore, it fails to address relative aspects regarding liberty of association, freedom of assembly and/or the citizens’ right to strike. Notably, these fundamental principles later acquired a constitutional value. This was occasioned by the stipulations contained in the French fourth constitution. This addressed the intrinsic weaknesses that were in the declaration. In particular, it extended the fundamental rights to cover the needs of women and the minority communities like the Blacks.

The declaration was written to address the disparities that characterized the then society. In his review, Harvey indicates that these disparities were a clear indication of injustice to the public that was ignorant of its rights. In particular, cases of corruption and human maltreatment were rampant and had escalated to critical levels. These seemingly undermined the holistic wellbeing of humanity. The most sustainable solution to this scenario was provided for by the declaration. In addition, this sought to inform the public about its natural rights. At this juncture, it should be appreciated that no similar efforts had been undertaken by the France in the past. This is irrespective of the fact that other nationalities like the United States had taken relevant steps already. Also, it can be posited that writing of this declaration was greatly influenced by the wave of enlightenment that was being experienced on a global scale. Since the author was we informed about the international development, he sought to write the document in order as a measure to inform the authorities of the global change that was taking place.

This document reveals various inconsistencies that characterized the pre revolutionary France. To begin with, it underscores the fact that the society was stratified along distinct social classes. These perpetuated incidences of injustice because then, the treatment that an individual was accorded was significantly influenced by the social class of the same. The worst hit in this regard was the rest of the populace that was among other things forced to pay taxes and coerced to make confessions by the criminal justice system whenever they were suspected of any crime. However, the nobility and the clergy were favored in various instances and given access of numerous resources. Notably, most of these resources were mainly provided by the populace through taxes.

In addition, it indicates that the authorities and governments of the region were corrupt. This was exemplified by their lack of a distinct system of accounting and transparency with regards to public trust. In this respect, historical evidence ascertains that the public agents that wee charged with the responsibility of collecting taxes did not provide the public with an account of how the same were utilized by the society. Notably, the implications of this made the population to suffer a great deal.

Conclusion

As it has come out from the review, it is certain that the pre-Revolutionary France was faced by various challenges. The adverse implications of the inefficient system of governance culminated in intense suffering of the society that undermined its holistic wellbeing. The declaration was seemingly an important document that paved way for vital reforms. By bringing in to light the specific aspects of natural human rights, this document was instrumental in creating global awareness regarding the need to further this good. Notably this paved way for democracy and justice as presented by subsequent constitutions.

Bibliography

Jackson, Spielvogel. Western Civilization. USA: Wadsworth Publishing, 2008.

James, Harvey. Readings of European History. USA: Ginn & Company, 1906.

Paul, Lauren. History: Human Rights. USA: Rutledge, 2003.