Enlighstenment And Human Rights

If the guillotine is the most striking negative image of the French Revolution, then the most positive is surely the Declaration of the Rights of Man and Citizen, one of the founding documents in the human rights tradition.

The lasting importance of the Declaration of Rights is immediately evident: just compare the first article from August 1789 with the first article in the Universal Declaration of Human Rights passed by the United Nations after World War II, on 10 December 1948. They are very similar, though the UN document refers to "human beings" in place of "men." (Did "men" mean women too in 1789? As we shall see, this was far from clear.)

When the French revolutionaries drew up the Declaration of the Rights of Man and Citizen in August 1789, they aimed to topple the institutions surrounding hereditary monarchy and establish new ones based on the principles of the Enlightenment, a philosophical movement gathering steam in the eighteenth century. The goal of the Enlightenment's proponents was to apply the methods learned from the scientific revolution to the problems of society. Further, its advocates committed themselves to "reason" and "liberty." Knowledge, its followers believed, could only come from the careful study of actual conditions and the application of an individual's reason, not from religious inspiration or traditional beliefs. Liberty meant freedom of religion, freedom of the press, and freedom from unreasonable government (torture, censorship, and so on). Enlightenment writers, such as Voltaire, Montesquieu, and Rousseau, influenced ordinary readers, politicians, and even heads of state all over the Western world. Kings and queens consulted them, government ministers joined their cause, and in the British North American colonies, American revolutionaries put some of their ideas into practice in the Declaration of Independence and the new Constitution of the United States.

The Declaration of the Rights of Man and Citizen of 1789 brought together two streams of thought: one springing from the Anglo-American tradition of legal and constitutional guarantees of individual liberties, the other from the Enlightenment's belief that reason should guide all human affairs. Enlightenment writers praised the legal and constitutional guarantees established by the English and the Americans, but they wanted to see them applied everywhere. The French revolutionaries therefore wrote a Declaration of Rights that they hoped would serve as a model in every corner of the world. Reason rather than tradition would be its justification. As a result, "France" or "French" never appears in the articles of the declaration itself, only in its preamble.

The Anglo-American tradition of legal guarantees of rights dates back to the Magna Carta, or "Great Charter," of 1215. In it King John of England guaranteed certain liberties to the free men of his kingdom. In 1628 the English Parliament drew up a Petition of Right restating the "rights and liberties of the subjects." Charles I agreed to it, and the rights were further extended in the English Bill of Rights of 1689. John Locke's writings on the nature of government in the late 1600s gave a more universal and theoretical caste to the idea of the rights of freeborn Englishmen, suggesting that such rights belonged not just to the English, but to all property-owning adult males.

Until Locke, the English tradition of rights had been just that, English. The various English parliamentary documents on rights had been specifically limited to freeborn Englishmen. They made no larger claims. The Enlightenment helped broaden the claims, and its effects can be seen in the American offshoots of the English parliamentary tradition of rights. Thomas Jefferson's Declaration of Independence of 1776 claimed that "inalienable" rights were the foundation of all government, and he justified American resistance to English rule in these terms. Jefferson's "declaration" is especially important because it argued that rights had only to be "declared" to be effective. The same belief in the self-evidence of rights can be seen in George Mason's draft of the Bill of Rights for Virginia's state constitution. The similarities to the Declaration of the Rights of Man and Citizen are not hard to find, for both the Virginia Bill of Rights and Jefferson's Declaration of Independence had an immediate influence on the French declaration.

Enlightenment writers had paved the way for the reception of these ideas on the European continent and helped transform English rights into more universally applicable ones. They complained that in France these rights were being violated by despotic, absurd, superstitious, and fanatical institutions. Voltaire, in particular, held out English religious toleration as a model. In their criticism, Montesquieu and Rousseau moved beyond existing institutions, proposing new principles of government based on reason and comparative study.

Beginning in the last years of the reign of Louis XIV and intensifying thereafter, writers both within and outside France began strongly decrying the despotism of the French monarchy. In 1721, Montesquieu, a nobleman and judge, published an anonymous novel, The Persian Letters, in which he used fictional letters between visiting Persians to lampoon French customs, particularly those of the recently deceased Louis XIV. Voltaire held French practices up against those in England, China, and elsewhere and found cause to ridicule French "fanaticism" in religion.

These and other criticisms paved the way for a more theoretical consideration of government in general. One of the most influential works of this nature was Montesquieu's Spirit of Laws (1748), which developed a comparative political analysis of the conditions most favorable to liberty. The American Founding Fathers studied this work closely. Rousseau, in his Social Contract of 1762, took the ideas of Montesquieu and also Locke a step further; he argued that all government rested on a social contract (not on divine right, not the Bible, not tradition of any kind) in which "the assembled people" (democracy) determined everything. For him, "the person of the meanest citizen is as sacred and inviolable as that of the first magistrate"; in other words, Rousseau insisted on complete equality (between men).

Although the most democratic of the Enlightenment writers, Rousseau said relatively little about rights. In fact, one of the most enduring criticisms of his work is that he failed to guarantee individual rights under the social contract. The community apparently took precedence over the individual in Rousseau's view.