首页 > 历史文献 > 正文

Declaration of the Rights of Man and of the Citizen(《人权与公民权宣言》1789.8.26)

来源:   点击数:  更新时间:1789/08/26 00:00:00

The representatives of the French people,organized as a National Assembly, believingthat the ignorance, neglect, or contempt ofthe rights of man are the sole cause of publiccalamities and of the corruption ofgovernments, have determined to set forth ina solemn declaration the natural, unalienable,and sacred rights of man, in order that thisdeclaration, being constantly before all themembers of the Social body, shall remind themcontinually of their rights and duties; inorder that the acts of the legislative power,as well as those of the executive power, maybe compared at any moment with the objects andpurposes of all political institutions andmay thus be more respected, and, lastly, inorder that the grievances of the citizens,based hereafter upon simple and incontestableprinciples, shall tend to the maintenance ofthe constitution and redound to the happinessof all. Therefore the National Assemblyrecognizes and proclaims, in the presence andunder the auspices of the Supreme Being, thefollowing rights of man and of the citizen:

Articles:

1 Men are born and remain free and equal inrights. Social distinctions may be foundedonly upon the general good.

2 The aim of all political association isthe preservation of the natural andimprescriptible rights of man. These rightsare liberty, property, security, andresistance to oppression.

3. The principle of all sovereignty residesessentially in the nation. No body norindividual may exercise any authority whichdoes not proceed directly from the nation.4. Liberty consists in the freedom to doeverything which injures no one else; hencethe exercise of the natural rights of each manhas no limits except those which assure to theother members of the society the enjoyment ofthe same rights. These limits can only bedetermined by law.

5. Law can only prohibit such actions as arehurtful to society. Nothing may be preventedwhich is not forbidden by law, and no one maybe forced to do anything not provided for bylaw.

6. Law is the expression of the general will.Every citizen has a right to participatepersonally, or through his representative, inits foundation. It must be the same for all,whether it protects or punishes. All citizens,being equal in the eyes of the law, are equallyeligible to all dignities and to all publicpositions and occupations, according to theirabilities, and without distinction exceptthat of their virtues and talents.7. No person shall be accused, arrested, orimprisoned except in the cases and accordingto the forms prescribed by law. Any onesoliciting, transmitting, executing, orcausing to be executed, any arbitrary order,shall be punished. But any citizen summonedor arrested in virtue of the law shall submitwithout delay, as resistance constitutes anoffense.

8. The law shall provide for suchpunishments only as are strictly andobviously necessary, and no one shall sufferpunishment except it be legally inflicted invirtue of a law passed and promulgated beforethe commission of the offense.

9. As all persons are held innocent untilthey shall have been declared guilty, ifarrest shall be deemed indispensable, allharshness not essential to the securing of theprisoner's person shall be severely repressedby law.

10. No one shall be disquieted on accountof his opinions, including his religiousviews, provided their manifestation does notdisturb the public order established by law.11. The free communication of ideas andopinions is one of the most precious of therights of man. Every citizen may, accordingly,speak, write, and print with freedom, butshall be responsible for such abuses of thisfreedom as shall be defined by law.12. The security of the rights of man andof the citizen requires public militaryforces. These forces are, therefore,established for the good of all and not forthe personal advantage of those to whom theyshall be intrusted.

13. A common contribution is essential forthe maintenance of the public forces and forthe cost of administration. This should beequitably distributed among all the citizensin proportion to their means.

14. All the citizens have a right to decide,either personally or by their representatives,as to the necessity of the public contribution;to grant this freely; to know to what uses itis put; and to fix the proportion, the modeof assessment and of collection and theduration of the taxes.

15. Society has the right to require ofevery public agent an account of hisadministration.

16. A society in which the observance of thelaw is not assured, nor the separation ofpowers defined, has no constitution at all.

17. Since property is an inviolable andsacred right, no one shall be deprived thereofexcept where public necessity, legallydetermined, shall clearly demand it, and thenonly on condition that the owner shall havebeen previously and equitably indemnified.The above document was written by The Marquisde Lafayette, with help from his friend and neighbor,American envoy to France, Thomas Jefferson.Lafayette, you may recall, had come to the Coloniesat age 19, been commissioned a Major General, andwas instrumental in the defeat of the British duringthe American Revolutionary War. He considered onespecial man his 'father': George Washington.

French King Louis XVI signed this document,under duress, but never intended to supportit. Indeed, the Revolution in France soonfollowed, leading to the tyrannical rule ofNapolean Bonaparte.

Prepared by Gerald Murphy (The ClevelandFree-Net - aa300) Distributed by the CybercastingServices Division of the National PublicTelecomputing Network (NPTN).

Permission is hereby granted to download,reprint, and/or otherwise redistribute thisfile, provided appropriate point of origincredit is given to the preparer(s) and theNational Public Telecomputing Network.

©2010 吉林大学国际关系研究所 版权所有
地址:中国吉林省长春市前进大街2699号 邮编:130012
联系电话(Tel):0431-85167192 0431-85166794 Email:iis@jlu.edu.cn