NOTE: Opening paragraphs of the French Bill of Rights are read near the end of a move called "This Land Is Mine" starring Charles Laughton and Maureen O'Hara circa 1941.
The text of the French Bill of Rights (FBOR) is presented on a paragraph-by-paragraph basis in this seminar.
Each subject heading is derived from the opening phrase of the corresponding paragraph. The order of the headings is the same as in the FBOR. Since the FBOR is organized in such an extremely simple fashion into the Preamble and several brief articles, these are used as references instead of Arabic numerals in brackets as is done in the other seminars.
Under each heading you will find a paragraph from the FBOR. A line of * (asterisks) indicates the end of the paragraph from the FBOR.
Following the text from the FBOR, TCNbP Company has provided a few comments to help you get started. Key words and related phrases from the US Constitution are indexed to support the discussion of each paragraph. Comments about other documents are occasionally made. These comments, key words and related phrases can be reviewed and edited using the TCN program. Declaration of the Rights of Man and of the Citizen (1789)
Adopted by the National Assembly during the French Revolution on August 26, 1789, and reaffirmed by the constitution of 1958.
Preamble
[a] The representatives of the French People, formed into a National Assembly,
[b] considering ignorance, forgetfulness or contempt of the rights of man to be the only causes of public misfortunes and the corruption of Governments,
[c] have resolved to set forth, in a solemn Declaration, the natural, unalienable and sacred rights of man,
[d] to the end that this Declaration, constantly present to all members of the body politic, may remind them unceasingly of their rights and their duties;
[e] to the end that the acts of the legislative power and those of the executive power, since they may be continually compared with the aim of every political institution, may thereby be the more respected;
[f] to the end that the demands of the citizens, founded henceforth on simple and uncontestable principles, may always be directed toward the maintenance of the Constitution and the happiness of all.
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The first sentence in the FBOR contains 144 words and and 16 punctuation marks. Therefore, it is broken up into several parts for discussion here. Each part starts on a new line preceded by a lower case letter in brackets (not part of original text) for reference purposes.
[a] Consider that the authors claim to be representatives of the French people as the authors of the Declaration claimed to be representatives of the colonists, American people. This is as opposed to the British Parliament. Note that France is claimed by Britain in the 32nd paragraph of the EBOR.
[b] Alludes to corruption of governments. To authors, French government appeared to be corrupted by undue influence of British officials. The contempt of the rights of man can be attributed chiefly to the British officials, though in some part to some of the French citizens who participated. Ignorance and forgetfulness can be chiefly attributed to the French people, though to a lesser extent to the British officials.
[c] This part tells what the FBOR will contain, namely a list of rights. Note that the Declaration explicitly states the terms natural and unalienable in its opening paragraphs. The term sacred is not explicitly associated with rights in the Declaration; however, rights are implicitly described as sacred by the phrase "endowed by their Creator" in the 2nd paragraph of the Declaration.
[d] This parts states one objective for writing the FBOR, namely, to cure the ills of forgetfulness (it will REMIND) cited in part [b]. "Constantly present" implies that the authors intended the FBOR to be widely published and available for prominent display. "Body politic" includes both public officials and private citizens. Compare "We the People" in the Constitution. Antecedent of "them" is "body politic". Therefore, public officials have rights as well as duties. Also, private citizens have duties as well as rights. One of those duties apparently being to know one's rights and duties.
[e] This part states a second objective for writing the FBOR. "Respect" means to look at. The objective stated here is for the people at large to look at, to watch, the activities of the legislative and executive branches of the government, comparing their actions against the aims of the FBOR. The FBOR states the aims of the government it proposes, thereby rendering the government accountable, watchable. These aims are a standard by which individuals can observe and judge government actions.
If actions are found to be in accordance with FBOR, that's ok. However, if actions are found to be at odds with FBOR, unfair political advantage is possibly being sought. Such activities tend to lower the "government" in the eyes of the people, a more common connotation of "respect". By preventing such activities, the authors hope to render the proposed government more respectable.
It, government, needs to be watched, respected. It needs to be highly regarded, respected.
[f] This part states two more objectives for writing the FBOR, namely to maintain the Constitution (FBOR) and to secure the happiness of all (French citizens, only?). Further, the purpose is to direct the wishes (demands) of the people toward these ends, presumably by making the ends known (part [d]) and by establishing a government whose officials are specifically obligated to the establishment of those same ends (part [e]).
Compare "demands of the people" to "redress of grievances" in the Declaration and the 1st amendment of the US Constitution.
Compare "founded henceforth on simple and uncontestable principals" to "laying its Foundation on such Principles" in the 2nd paragraph of the Declaration.
Compare "maintenance of the Constitution" herein to the oath in paragraph 34 of the EBOR. Also compare to oaths of office required by US Constitution. In consequence whereof, the National Assembly recognizes and declares, in the presence and under the auspices of the Supreme Being, the following Rights of Man and of the Citizen.
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Compare "in the presence and under the auspices of the Supreme Being" herein to the Declaration's somewhat vague (in terms of the authors' relationship thereto with respect to the writing of the Declaration itself) references to "their Creator", "the Laws of Nature and of Nature's God", "the Supreme Judge of the World" and "Protection of Divine Providence". Consider that the US Constitution contains only one reference to Deity. Notice that this Constitutional reference to Deity occurs in a calendrical context. Three other calendrical dates occur in the Constitution. The phrase "in the year of our Lord" is not used with them.
How does this phrase in the FArticle first -- Men are born and remain free and equal in rights. Social distinctions may be based only on considerations of the common good.
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Does "Men" here refer specifically to males or is it generic, human individuals?
Compare "created equal" and "endowed by Creator" phrases from 2nd paragraph of Declaration.
While the US Constitution contains various "equal protection" clauses, there are interesting restrictions placed on the qualifications for offices in the federal government by it. Do these restrictions serve a "common good".
Compare "common good" herein to "general Welfare" in the US Constitution.
While, in principal, individuals may indeed be born free and equal, to what extent do they remain so economically and legally under the US Constitution? Consider this question for the various synonyms for "rights" in the US Constitution presented in the Key Words box. Article 2 -- The aim of every political association is the preservation of the natural and imprescriptible rights of man. These rights are Liberty, Property, Safety and Resistance to Oppression.
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Article 3 of the FBOR clarifies the 1st sentence of article 2. The authority of the state and the authority that emanates from the state proposed by the FBOR is all directed toward fostering the "unalienable and sacred rights of man" (Preamble, part [c]). A political association is a corporate body.
Articles 4 and 5 clarify the meaning of "Liberty" herein. (How does this compare to the meaning of "Liberty" in the 5th amendment? In the Preamble of the US Constitution?) To a lesser extent, articles 6 - 12 and 16 also clarify the meaning of Liberty herein.
Article 17 clarifies the meaning of "Property" somewhat.
Safety is clarified somewhat in articles 4 and 5 by the terms "harm" and "injurious" that are related to "Liberty". However, the final limits are to be established by "Law" according to article 4. Compare to "necessary and proper" clause of Article I, Section 8 of the US Constitution.
"Resistance to oppression" is clarified slightly, if at all, by the "golden rule" provision following the colon in the 1st sentence of Article 4. Toward this end, the US Constitution established an armed citizenry by the 2nd amendment in the Bill of Rights. Article 3 -- The source of all sovereignty lies essentially in the Nation. No corporate body, no individual may exercise any authority that does not expressly emanate from it.
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What is sovereignty and what is Nation?
Sovereignty is the power of rule.
Nation is shared territory and shared ideas. The shared territory is shown on a map. The shared ideas are presented in the FBOR.
Nation (in the 1st sentence) is antecedent for it (in the 2nd sentence). Individual requires no explanation. One corporate body is government. Neither Government nor any other corporate body licensed under the FBOR can "exercise any authority" does not come from the Nation, from among shared ideas of the people who live in the common land. These words are an extraordinary expression of "consent of the governed". Article 4 -- Liberty consists in being able to do anything that does no harm others: thus, the exercise of the natural rights of every man has no bounds other than those that ensure to the other members of society the enjoyment of these same rights. These bounds may be determined only by Law.
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Liberty is a minimal level of restriction on individual behavior that may be set by law according to this article of the FBOR. This is an egalitarian concept of liberty in that the exercise of one's liberty does not entitle an individual to violate the rights of another individual. Such transgressions can be dealt with by law under the FBOR.
Compare the phrases "confirm thy soul in self control, thy liberty in law" from "America the Beautiful."
In the Constitution, the exercise of rights guaranteed by the 1st and 2nd amendments is balanced over and against the 4th and 5th amendment. Neither the right to bear arms nor religious freedom nor freedom of speech nor of the press entitles one person to do harm to or endanger another, or to violate the privacy of another. To such extent, this provision of the FBOR and the US Constitution are in agreement. Article 5 -- The Law has the right to forbid only those actions that are injurious to society. Nothing that is not forbidden by Law may be hindered, and no one may be compelled to do what the Law does not ordain.
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An unfortunate use of the word "right". For individuals have rights. Is the law an individual? Power, it would appear, is a more appropriate term here, but right is what was used.
Government is a restraining force in society. Here it is empowered to "forbid . . . actions that are injurious to society" but "only those" actions. Forbidding such actions would contribute to "promoting the general welfare" to quote loosely from the Preamble of the US Constitution.
Exercise of the martial instruments of the state is restricted by the last phrase in this article. Article 6 -- The Law is the expression of the general will. All citizens have the right to take part, personally or through their representatives, in its making. It must be the same for all, whether it protects or punishes. All citizens, being equal in its eyes, shall be equally eligible to all high offices, public positions and employments, according to their ability, and without other distinction than that of their virtues and talents.
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First sentence relates consent of the people. Second sentence describes pure democracy and representative democracy. Third sentence is related to equal protection. Last sentence relates qualifications for public positions and employments based on MERIT. Article 7 -- No man may be accused, arrested or detained except in the cases determined by the Law, and following the procedure that it has prescribed. Those who solicit, expedite, carry out, or cause to be carried out arbitrary orders must be punished; but any citizen summoned or apprehended by virtue of the Law, must give instant obedience; resistance makes him guilty.
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Is man gender specific or generic for human individual in first sentence? First sentence prescribes due process. Calls in advance for ouster of officials who participate in specified illegal acts. Compare Magna Carta paragraph [49]. Compare impeachment provisions in US Constitution.
Nothing in Constitution compares to instant obedience phrase or guilt by resistance. Article 8 -- The Law must prescribe only the punishments that are strictly and evidently necessary; and no one may be punished except by virtue of a Law drawn up and promulgated before the offense is committed, and legally applied.
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Amendment 8 in the Bill of Rights proscribes cruel and unusual punishments. Ex post facto laws are also proscribed in the US Constitution. Article 9 -- As every man is presumed innocent until he has been declared guilty, if it should be considered necessary to arrest him, any undue harshness that is not required to secure his person must be severely curbed by Law.
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Presumption of innocence not contained in US Constitution. Amendment 8 of the Bill of Rights is similar in intent to proscription of undue harshness in this article of the FBOR. Article 10 -- No one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinions does not interfere with the established Law and Order.
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Established law and order in the US Constitution is related to the provisions for criminal sanctions for acts of treason, murder, kidnaping, property crimes and peace crimes. Amendments 1 and 2 in the Bill of Rights must be balanced against the State's legitimate interest in discouraging such acts. Freedom of speech and religion (here, opinions, even religious ones) is included in these amendments. Article 11 -- The free communication of ideas and of opinions is one of the most precious rights of man. Any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in cases determined by Law.
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Similar to article 10 of the FBOR. Article 12 -- To guarantee the Rights of Man and of the Citizen a public force is necessary; this force is therefore established for the benefit of all, and not for the particular use of those to whom it is entrusted.
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Compare Magna Carta paragraph 49. Also US Constitution Article I, Section 8, paragraphs 12 - 15. Article 13 -- For the maintenance of the public force, and for administrative expenses, a general tax is indispensable; it must be equally distributed among all citizens, in proportion to their ability to pay.
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See US Constitution Article I, Section 8, paragraph 12. Article 14 -- All citizens have the right to ascertain, by themselves, or through their representatives, the need for a public tax, to consent to it freely, to watch over its use, and to determine its proportion, basis, collection and duration.
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Related to consent of the governed. Relates to pure and representative democratic rule. Accountability. Article 15 -- Society has the right to ask a public official for an accounting of his administration.
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Amendment I of the Bill of Rights provides for a petition of grievances. Otherwise, officials in executive branch report to the President, not directly to the people under the US Constitution. Article 16 -- Any society in which no provision is made for guaranteeing rights or for the separation of powers, has no Constitution.
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Notice year of FBOR's writing. It is in the space of time between when the Constitution was ratified and when the Bill of Rights was proposed. Considering such, this article of the FBOR resembles more a commentary on the original US Constitution than a declaration of rights. Article 17 -- Since the right to Property is inviolable and sacred, no one may be deprived thereof, unless public necessity, legally ascertained, obviously requires it, and just and prior indemnity has been paid.
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Compare just compensation clause in 5th amendment in the Bill of Rights. SUMMARY
The FBOR is not a constitution. It is a Declaration of Rights. It does not itself answer the criticism it raises of the US Constitution. It contains no provisions for one branch of government, much less for a separation of powers. BOR regard divine right of rule?
What relationship between church and state might it imply?
