The Declaration of the Rights of Man and of Citizens — John Shaqi
The Declaration of the Rights of Man and of CitizensJellinek, Georg
History
The Declaration of the Rights of Man and of Citizens
Jellinek, Georg
Constitutional history -- France; Constitutional history -- United States; Natural law
But such as did not go so far as Roger Williams in the recognition of
liberty of conscience were yet dominated by the idea of the necessity of
a social compact in founding a new colony. In the Fundamental Orders of
Connecticut, a colony founded by Puritans who also had emigrated from
Massachusetts, the settlers in 1638 declared that they united themselves
in a body politic in pursuance of the word of God in order to guard the
liberty of the Gospel and the church discipline to which they were
accustomed, and in order also in civil affairs to be ruled according to
the laws.[79] In the opposition in which they stood to the religious
conditions in England, the Puritans, although themselves little inclined
to toleration, proceeded invariably upon the idea that their state had
first of all to realize religious liberty, which was for them the free
exercise of their own religious convictions.
The idea that state and government rested upon a compact--so significant
for the development of the American conceptions of individual
liberty--was strengthened by the force of historical circumstances. A
handful of men went forth to found new communities. They began their
work of civilization scattered over wide stretches in the loneliness of
the primeval forest.[80] And so they believed that it was possible to
live outside of the state, in a condition of nature, and that when they
stepped out of that condition of nature they did it of their own free
will and were not constrained by any earthly power. With their small
numbers, representation was at first unnecessary, and the decisions were
reached in the town meetings of all belonging to the community,--the
form of a direct democracy grew naturally out of the given conditions
and strengthened the conviction, which does not correspond to the old
English conception, that the sovereignty of the people is the basis of
legislation and of government. To a generation that could point to such
beginnings for their state, the political ideas which later animated
the men of 1776 seemed to bear their surety in themselves: they were
"self-evident", as it reads in the Declaration of Independence.
Public-domain text, read in full here on John Shaqi.
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