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
[Footnote 99: Borgeaud, p. 27, cites a treatise by John Wyse as having
had great influence in the democratizing of ideas in Massachusetts. This
man, whose name was John Wise, has done nothing else than take
Pufendorf's theories as the basis of his work, as he himself
specifically declares. _Cf._ J. Wise, _A Vindication on the Government
of New England Churches_, Boston, 1772, p. 22.]
[Footnote 100: Bancroft, IV, pp. 145, 146.]
[Footnote 101: _Cf._ John Adams, _Works_, X, Boston, 1856, p. 293.]
[Footnote 102: _Analysis of the Laws of England_, Chap. 4.]
[Footnote 103: It formed the basis of Blackstone's later
_Commentaries_.]
[Footnote 104: _Cf._ Otis, _The Rights of the British Colonies asserted
and proved_, 1764, reprinted London, p. 106.]
[Footnote 105: _Cf._ Wells, _The Life and Public Services of Samuel
Adams_, I, Boston, 1865, pp. 502-507; Laboulaye, II, p. 171.]
[Footnote 106: The entire text reproduced in Story, _Commentaries on the
Constitution of the United States_, 3d ed., I, pp. 134 _et seq._]
[Footnote 107: The heading of the bill of rights reads: "A declaration
of rights made by the representatives of the good people of Virginia,
assembled in full and free convention; which rights do pertain to them
and their posterity, as the basis and foundation of government."]
CHAPTER IX.
THE RIGHTS OF MAN AND THE TEUTONIC CONCEPTION OF RIGHT.
In conclusion there remains still one question to answer. Why is it that
the doctrine of an original right of the individual and of a state
compact, arising as far back as the time of the Sophists in the ancient
world, further developed in the mediaeval theory of Natural Law, and
carried on by the currents of the Reformation,--why is it that this
doctrine advanced to epoch-making importance for the first time in
England and her colonies? And in general, in a thoroughly monarchical
state, all of whose institutions are inwardly bound up with royalty and
only through royalty can be fully comprehended, how could republican
ideas press in and change the structure of the state so completely?
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