Home > Declaration of the Rights of Man and of the Citizen

1 Adoption of the Declaration

At the time the Declaration was drafted by the Marquis de Lafayette, it was intended as part of a transition from an absolute to a constitutional monarchy. In the event, France soon became a Republic, but this document remained fundamental.

The principles set forth in the declaration come from the philosophical and political principles of the Age of Enlightenment, such as individualism, the social contract as theorised by Jean-Jacques RousseauJean Jacques Rousseau ( June 28, 1712 July 2, 1778) was a Swiss-French philosopher, writer, political theorist, and self-taught composer. Biography of Rousseau Rousseau was born in Geneva, Switzerland, and died in Ermenonville (28 miles northeast of Paris, and the separation of powersSeparation of powers is the idea that the powers of a sovereign government should be split between two or more strongly independent entities, preventing any one person or group from gaining too much power. The three-branch theory The concept of the separa espoused by le Baron de MontesquieuCharles de Secondat, Baron de Montesquieu ( January 18, 1689 February 10, 1755) was a French political thinker who lived during the Enlightenment and who is famous for his articulation of the theory of separation of powers, taken for granted in many moder. It may have also been based on the Virginia Declaration of RightsThe Virginia Declaration of Rights is a declaration by the Virginia Convention of Delegates of rights of individuals and a call for independence from Britain. Its first draft was developed by George Mason around May 20 to 26, 1776, and amended by Thomas L developed by George MasonGeorge Mason ( 1725- 1792) was a United States patriot, statesman, and delegate from Virginia to the U. Constitutional Convention. He is nicknamed the "Father of the Bill of Rights". Mason wrote the Virginia Declaration of Rights, which specified specific and on the U.S. Declaration of Independence.

2 Substance of the Declaration

This statement of principles contained the kernel of a much more radical re-ordering of society than had yet taken place. A mere six weeks after the storming of the BastilleThe storming of the Bastille on July 14, 1789 was an important development in, and later a symbol of, the French Revolution. Though at the time the Bastille contained only seven prisoners, its taking marked the beginning of open rebellion against the king and barely three weeks after the abolition of feudalismThe French Revolution was a period in the history of France covering the years 1789 to 1799, in which republicans overthrew the Bourbon monarchy and the Roman Catholic Church perforce underwent radical restructuring. This article covers the year following, the Declaration put forward a doctrine of popular sovereignty and equal opportunity:

"Article III – The principle of any sovereignty resides essentially in the Nation. No body, no individual can exert authority which does not emanate expressly from it."

(From Article VI) – "All the citizens, being equal in [the eyes of the law], are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents."

All citizens are to be guaranteed the rights of "liberty, property, safety, and resistance against oppression." The Declaration argues that the need for law derives from the fact that "... the exercise of the natural rights of each man has only those borders which assure other members of the society the enjoyment of these same rights". Thus, the declaration sees law as an "expression of the general will", intended to promote this equality of rights and to forbid "only actions harmful to the society."

The Declaration also put forward several provisions similar to the United States Constitution and Bill of Rights, which date from the same year. Like the U.S. Constitution, it discusses the need to provide for the common defense and states some broad principles about taxation. It also specifies a public right to an accounting from public agents as to how they have discharged the public trust. Like the U.S. Bill of Rights, it provides against ex post facto application of criminal law and puts forward such principles as presumption of innocence, freedom of speech and of the press, and a slightly weaker guarantee of freedom of religion — "provided that [... the] manifestation [... of their religious opinions] does not trouble the public order established by the law". It asserts the rights of property, while reserving a public right of eminent domain:

"Article XVII - Property being an inviolable and sacred right, no one can be deprived of private usage, if it is not when the public necessity, legally noted, evidently requires it, and under the condition of a just and prior indemnity [i.e., compensation]."