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Few political documents have affected the world quite like the
American Declaration of Independence or the French Declaration of the
Rights of Man and Citizen. The repercussions of each have had a
profound effect on world history up to this point. But why did these
documents have such an effect? The answer lies in the common
philosophical backgrounds of the two. The writings of Rousseau, Locke
and Montesquieu all contained ideas that were later used by Thomas
Jefferson and the National Assembly to compose the two documents.
Rousseau's ideas of a social contract, which states that the general
will and the people were sovereign, and if a king abuses the liberty of
the people they have a right and a duty to dissolve the current
government and create a new one (McKay, 581), were central to both
documents. Jefferson had Rousseau's ideas in mind when he wrote the
Declaration of Independence. The history of the present King of Great
Britain [George III] is a history of repeated injuries and usurpations,
all having in direct object the establishment of an absolute tyranny
over these states...a prince, whose character is thus marked by every
act which may define a tyrant, is unfit to be the ruler of a free
people...we therefore...solemnly publish and declare, that these United
Colonies are...independent states... (Jefferson, 1-2). The reasons,
such as suspension of colonial legislatures, impressment of American
sailors and the importation of mercenaries (Jefferson, 2), given for
the dissolution of the political connections that the American and
British people have held for over 100 years all relate to the King's
tyrannical tendencies and the peoples right to choose a different
government. The edict also states that although petitions of grievances
were issued, the King turned a deaf ear.
The Declaration of the Rights of Man is not only built on the social
contract, but also on Rousseau's idea of general will of the people. He
defines the general will as being, "Sacred and absolute, reflecting the
common interests of the people, who have displaced the monarch as the
holder of the sovereign powers. (McKay, 581)" Passing and enforcing
arbitrary laws are considered to be an act of tyranny and a substantial
reason, according to Rousseau, to declare the current government void
and establish a new one. Article VII clearly states that arbitrary laws
and orders cannot exist.(Sherman, 100) The fact that this is distinctly
stated implies that arbitrary laws were being passed and enforced under
Louis XVI. Article VI states that law is the expression of the general
will every citizen has the right to participate personally or through
his represenative.... (Sherman, 100)
Locke's ideas of natural rights, the rights of human beings to the
pursuit of life, liberty, and property (McKay, 524), is clearly stated
in both declarations. In the Declaration of Independence, Jefferson
used the exact words in the preamble - life, liberty, and the pursuit
of happiness - in which he uses happiness to mean property.(1) He also
cites examples of the arbitrary suspension of liberties by George III
such as the right to peaceably assemble, taxation without the consent
of the colonists, maintenance of a peacetime standing army, and the
right to a trial by jury.(1-2)
A reference to natural rights also appear in the preamble of the
Declaration of the Rights of Man. Article II of the proclamation
directly states, "The aim of all political associations is the
preservation of the natural ... rights of man (which are)... liberty,
property, security and resistance to oppression. (Sherman, 99-100)"
Article IV defines liberty as:
The freedom to do everything which injures no one else hence the
exercise of the natural rights of each man has no limits except those
which assures to the other members of society the enjoyment of the same
rights. These limits can only be determined by law.(Sherman, 100)
The rights of freedom from arbitrary imprisonment and the idea of
someone accused of a crime is innocent until proven guilty (Sherman,
100) were all laid out by the national Assembly and run parallel to
Locke's ideas about human rights.
Montesquieu's ideas of the courts being the foremost protector of
liberties (577) is used as a reason for the break with Great Britain.
The justices of the admiralty or naval courts that existed in colonial
America served at "King's Pleasure" rather than "Good Behavior",
ensuring that the decisions of the courts would be biased in favor of
the King. The right to a trial by jury was also suspended for those who
broke the laws laid down by the Navigation acts. The colonials
expressed these concerns in the Declaration of Independence. The
Declaration of the Rights of Man also hold Montesquieu's interpretation
of the courts. It provides for the right to a trial and freedom from
punishments that are not strictly and obviously necessary.(Sherman 100)
It also holds that all men are equal in the eyes of the law.
Both the Declaration of Independence and the Declaration of the
Rights of Man and Citizen have common roots in the arguments of the
Enlightenment, and in the Enlightened philosophies Rousseau, Locke and
Montesquieu. Rousseau's idea of a social contract, Locke's natural
rights, and Montesquieu's idea of the courts being the defenders of
liberties all came into play when the two documents were written, and
in being written, the culmination of the Enlightened thinkers came to
their peak.
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