The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792Conaway, Horace Mann
History
The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792
Conaway, Horace Mann
Constitutional history -- France; France -- History -- Revolution, 1789-1799; Thesis (Ph. D.)
“1. Men are born and remain | “It is agreed that anything of
free and equal in rights. Social | power or property or liberty
distinctions may only be founded | which is alienated by the social
upon the general good.” | compact, is only a part of all
| the use of which is of importance
| to the community.”[53]
|
“2. The aim of all political | “To find a form of association
associations is the preservation | which shall defend and protect
of the national and imprescriptible | with the public force the person
rights of man. These rights are | and property of each associate,
liberty, property, security, and | and by means of which each,
resistance of oppression.” | uniting with all, shall obey
| however only himself, and remain
| as free as before; such is the
| fundamental problem of which the
| _Social Contract_ gives the
| solution.”[54]
|
“3. The principle [principe] of all | “I say then that the sovereignty,
sovereignty resides essentially in | being only the exercise of the
the nation. No body nor individual | general will, can never alienate
may exercise any authority which | itself, and that the sovereign,
does not proceed directly from the | who is not a collective being,
nation.” | can be represented only by
| himself; power can transmit
| itself, but not will.”[55]
|
“4. Liberty consists in being able | “Any service that a citizen can
to do everything which injures no | render the State is due from him
one else; hence the exercise of the | whenever the sovereign demands it;
natural rights of each man has no | but the sovereign, for his part,
limits except those which assure to | cannot place any burden upon his
the other member of the society the | subjects which will not be useful
enjoyment of the same rights. These | to the community; he can not even
limits can only be determined by | desire to do so, for, under the
law.” | law of reason as under the law of
| nature, there is nothing done
| without a purpose.”[56]
|
“5. Law can only prohibit such | “When I say that the object of
actions as are hurtful to society. | laws is always general, I mean
Nothing may be prevented which is | that the law considers subjects
not forbidden by law, and no one | in a body, and actions as
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