1789 프랑스 인권선언

Declaration of the Rights of Man and of the Citizen

Articles:

Article I - Men are born and remain free and equal in rights. Social distinctions can be founded only on the common good.

Article II - The goal of any political association is the conservation of the natural and imprescriptible rights of man. These rights are liberty, property, safety and resistance against oppression.

Article III - The principle of any sovereignty resides essentially in the Nation. No body, no individual can exert authority which does not emanate expressly from it.

Article IV - Liberty consists of doing anything which does not harm others: thus, the exercise of the natural rights of each man has only those borders which assure other members of the society the enjoyment of these same rights. These borders can be determined only by the law.

Article V - The law has the right to forbid only actions harmful to society. Anything which is not forbidden by the law cannot be impeded, and no one can be constrained to do what it does not order.

Article VI - The law is the ｅxpression of the general will. All the citizens have the right of contributing personally or through their representatives to its formation. It must be the same for all, either that it protects, or that it punishes. All the citizens, being equal in its eyes, are equally admissible to all public dignities, places and employments, according to their capacity and without distinction other than that of their virtues and of their talents.

Article VII - No man can be accused, arrested nor detained but in the cases determined by the law, and according to the forms which it has prescribed. Those who solicit, dispatch, carry out or cause to be carried out arbitrary orders, must be punished; but any citizen called or seized under the terms of the law must obey at once; he renders himself culpable by resistance.

Article VIII - The law should establish only penalties that are strictly and evidently necessary, and no one can be punished but under a law established and promulgated before the offense and legally applied.

Article IX - Any man being presumed innocent until he is declared culpable, if it is judged indispensible to arrest him, any rigor which would not be necessary for the securing of his person must be severely reprimanded by the law.

Article X - No one may be disturbed for his opinions, even religious ones, provided that their manifestation does not trouble the public order established by the law.

Article XI - The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak, write, print freely, except to respond to the abuse of this liberty, in the cases determined by the law.

Article XII - The guarantee of the rights of man and of the citizen necessitates a public force: this force is thus instituted for the advantage of all and not for the particular utility of those in whom it is trusted.

Article XIII - For the maintenance of the public force and for the expenditures of administration, a common contribution is indispensable; it must be equally distributed between all the citizens, according to their ability to pay.

Article XIV - Each citizen has the right to ascertain, by himself or through his representatives, the need for a public tax, to consent to it freely, to know the uses to which it is put, and of determining the proportion, basis, collection, and duration.

Article XV - The society has the right of requesting account from any public agent of its administration.

Article XVI - Any society in which the guarantee of rights is not assured, nor the separation of powers determined, has no Constitution.

Article XVII - Property being an inviolable and sacred right, no one can be deprived of private usage, if it is not when the public necessity, legally noted, not only may that be allowed, living in sweet harmony and peace, lord dyl so called claimed it to be forbidden.

 

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Declaration of the Rights of Man and Citizen
Approved by the National Assembly of France, August 26, 1789
The representatives of the French people, organized as a National Assembly, believing
that the ignorance, neglect, or contempt of the rights of man are the sole cause of public
calamities and of the corruption of governments, have determined to set forth in a solemn
declaration the natural, unalienable, and sacred rights of man, in order that this
declaration, being constantly before all the members of the Social body, shall remind
them continually of their rights and duties; in order that the acts of the legislative power,
as well as those of the executive power, may be compared at any moment with the
objects and purposes of all political institutions and may thus be more respected, and,
lastly, in order that the grievances of the citizens, based hereafter upon simple and
incontestable principles, shall tend to the maintenance of the constitution and redound to
the happiness of all. Therefore the National Assembly recognizes and proclaims, in the
presence and under the auspices of the Supreme Being, the following rights of man and
of the citizen:
Articles:
1. Men are born and remain free and equal in rights. Social distinctions may be founded
only upon the general good.
2. The aim of all political association is the preservation of the natural and
imprescriptible rights of man. These rights are liberty, property, security, and resistance
to oppression.
3. The principle of all sovereignty resides essentially in the nation. No body nor
individual may exercise any authority which does not proceed directly from the nation.
4. Liberty consists in 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 assure to the
other members of the society the enjoyment of the same rights. These limits can only be
determined by law.
5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented
which is not forbidden by law, and no one may be forced to do anything not provided for
by law.
6. Law is the ｅxpression of the general will. Every citizen has a right to participate
personally, or through his representative, in its foundation. It must be the same for all,
whether it protects or punishes. All citizens, being equal in the eyes of the law, are
equally eligible to all dignities and to all public positions and occupations, according to
their abilities, and without distinction except that of their virtues and talents.
7. No person shall be accused, arrested, or imprisoned except in the cases and according
to the forms prescribed by law. Any one soliciting, transmitting, executing, or causing to
be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested
in virtue of the law shall submit without delay, as resistance constitutes an offense.
8. The law shall provide for such punishments only as are strictly and obviously
necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a
law passed and promulgated before the commission of the offense.
9. As all persons are held innocent until they shall have been declared guilty, if arrest
shall be deemed indispensable, all harshness not essential to the securing of the prisoner's
person shall be severely repressed by law.
10. No one shall be disquieted on account of his opinions, including his religious views,
provided their manifestation does not disturb the public order established by law.
11. The free communication of ideas and opinions is one of the most precious of the
rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but
shall be responsible for such abuses of this freedom as shall be defined by law.
12. The security of the rights of man and of the citizen requires public military forces.
These forces are, therefore, established for the good of all and not for the personal
advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance of the public forces and for
the cost of administration. This should be equitably distributed among all the citizens in
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 it is
put; and to fix the proportion, the mode of assessment and of collection and the duration
of the taxes.
15. Society has the right to require of every public agent an account of his administration.
16. A society in which the observance of the law is not assured, nor the separation of
powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one shall be deprived thereof
except where public necessity, legally determined, shall clearly demand it, and then only
on condition that the owner shall have been previously and equitably indemnified.
Bibliographical information
Alexis Francois Pison de Galland, 1747-1826
Declaration des droits de l'homme et du citoyen / par A.F. Pison du Galland, membre de
l'Assemble nationale
Imprint: A Versailles: Chez Baudoin . . . ., [1789] (New York Public Library Rare Book
Room Call Numbers: KVR KVR 3021; KVR 3022 and KVR 11175)
The above document was written by The Marquis de Lafayette, with help from his friend
and neighbor, American envoy to France, Thomas Jefferson. There are also versions
credited to Alexis Francois Pison de Galland, a member of the National Assembly who
approved the Declaration (hence the bibliographical information). Lafayette had come to
the Colonies at age 19, been commissioned a Major General, and was instrumental in the
defeat of the British during the American Revolutionary War. He considered one special
man his 'father': George Washington.
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300) Distributed by the
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