AMERICAN DECLARATION OF INDEPENDENCE AND FRENCH DECLARATION HUMAN RIGHT DEVELOPMENT ( By: Dabo Euclid).

(Dabo Euclid)

            

INTRODUCTION

Going by the nature of thing [de rerum netura], man is born free and remain free and equal in right.

Social distinction can only be funded upon the general virtue. They have certain nature right property, life and to liberty, and hence, the state only to recognize and secure such right and not to stratify them.

                           THE DECLERATION OF THE RIGHTS OF THE CITIZEN

The declaration passels by French National constitution assembles in and avails right. The declaration was directly influenced by Thomas Jeffers working with genera Lafayette, who introduced of influenced also by the doctrine of ‘’natural right’’ The right of man are holy to be universally Valid at all times and every place pertaining human nature himself. It becomes the basis for a nature of free individuals protected equally by low. It is included in the preamble of the constitutions of both fourth French republic [1946] and fifth republic [1958] and it shill comment, Inspired the in poet by the American revolution, and also by the enlightenment philosophers, the declaration was a core statement of the values of the French revolution and had the major impact on the development of liberty and democracy Europe and world wide. The declaration, together with the American declaration of independent, constitution and bill of right, inspired the 1948 unite nation universal declaration of human right for a large part.

                                                  HUMAN RIGHTS

Human right is norms that help to protect all people every where from severe political legal and social abuses. Example of human right is are the right to freedom of the religion, the right to a fair trial when changed with a crime the right is not to be tortured, and the right to engage in political activity. These rights exist in morality and the law at the natural and international levels. Historical sources for bill of right include the Magna Carta 1215, the English bill of right 1689, the French declaration of the right of man and the citizen 1789, and bill of right in the unity state constitution 1791.

UNITED STATE DECLARATION OF INDEPENDENCE.

The declaration of independence is the statement adopted by the continental congress meeting at Philadelphia, Pennsylvania on July 4, 1976, which announced that the thirteen American colonies, then at war with great Britain regarded them self as thirteen newly  independents sovereign states, and  no longer a part of the Britain empire. John Adams was a leader in pushing for independence, which was unanimously approved on July 2. A committee of five had already drafted the formal declaration, to be ready when congress voted on independence. The term ‘’Declaration of independence’’ is not used in the document it self.

Adams persuaded the committee sleet Thomas Jefferson to compose the original draft of the document, which congress would edit to produce the final version. The declaration was ultimately a formal explanation of why congress had voted on July, 2 to declare independence form Great Britain more than a year after the out break of the American Revolution war. The national birthday, Independence Day, is celebrated on July 4, all trust Adams wanted July2.

      After ratifying text on July 4, congress issued the declaration of independence in several form.  In was initially   published as the printed Dunlap broad side that was widely distributed and read to the public. The source cope used for this printing has been lost, and may have been a cope in Thomas Jefferson’s hand. Jefferson original, draft complete with changes made by John Adams and Benjamin Franklin, and Jefferson’s notes of changes made by congress, the best known version of declaration, a signal copy that is population regarded as the official document, is displayed at the natural archives in Washington D.c. The engrossed copy was ordered by congress July 19, and signed primarily on August 2. The sources and interpretation of the declaration has been the subject of much scholar by inquiry. The declaration justified the independence of the unity state by listing colonial grievances against King George and by asserting certain natural and legal right, including a right of revolution. Having served its original purpose in announcing independence, reference, to the text of the declaration was few for the four score year.  Abraham Lincoln mad it centerpiece of his rhetoric [as in Gettysburg address of 1863], and his policies since than’ it was because a will-known statement on human rights particularly its second sentence.

‘’We hold these truth to be self evident, that all human are create equal, that are endowed by their creator with certain unalienable right that among these are life, liberty and the pursuit of happiness.’’

This has be called ‘’one of the best know sentence in the English language containing ‘’ the most potent and consequent word in American history’’. Passage comes to represent a moral standard to which the united state should strive. The view notably promoter by American Lincoln, who considered  the declaration to be the foundation of his political philosophy, and argued that the declaration is the statement of principles  throng which united states  constitution should be interpreted. The unity states declaration of independence inspired man, other similar document in other counties in the 18^th and 19^th centuries, spreading to the Low Countries and than to the Caribbean, Spanish American, the Balkans, West African, and central Europe in the decades up to 1848.

THE FERNCH DECLARATIONOF THE RIGHT OF MAN AND OF CITIZENS

      The declaration of ‘’the right of man and of citizens by the French constitution assembly on August 26, 1789, is one of the most significant events of the French revolution. It has been criticizing form different point of view directly opposing result the political scientist and the historian. Thoroughly appreciating it’s importance, have repeatedly come to the conclusion that the declaration had no small part in the anarchy with which France was visited soon after the storming of the Bastille. The point to it abstract phrased as ambiguous, and therefore dangerous, and as void of all political reality and practical statesmanship. Its empty pathos, they say confuse the mined distribute clean judgment, aroused passions and stifled the sense of duty. For of duty, there is contrary and especially French men, have exulted it as a revolution in the words history, as a catechism of the “principle of 1789” which from the internal foundation of the state structure and they have glorify the most precious gift that France have given to man kind.

      Lest regarded the historical and political significance is the importance of this document in the history of law and important day. What ever may be the values worthlessness of its general phrase? It is under the influence of this document that the conceptions of the public right of individual have developed in the positive law of the state of the European continents. Until it’s appeared public law literature recognized the right heads of states, the privilege of class, and the privilege of individual special corporations, but the general right of subjects were to be found essentially only in the form of duties on the part of the state not in the form of definite legal claims of the individual. The declaration of the right of man the first time, originated in all it’s vigor in positive law. The conceptions which until then, had been known only to natural law, of the personal right of the members of the state over against the state as a whole. This was next seen in the French constitution of September,3,1791, which set forth upon the basis of preceding declaration of rights, a list of druids naturals’ of civil as right were guaranteed by the constitution, together with the right of suffrage , the druids guarantees par la constitution of November,4,1848. 3 form today, the basis of French theory and practice respecting the personal public rights of the individual. 4, and under the influence of the French declaration, the have been introduce into almost all of the constitution of the other continental states similar enumerations of rights whose separate phrases and formulas. However, on more or less adapted to the particular condition of their respective states, and therefore, frequently establish wide differences in contents.

COMPARISON OF THE FRENCH AND AMERICAN DECLARATION.

NO one is entitling to any exclusive or separate rights or privilege, from the community, but in consideration of public service.

The beginning to the constitution, end of the institution, maintenance and administration of government is to secure the existence of body politics, protect it and furnish individuals who imposed it with the ultimate power of enjoying in safety and tranquility of heart and blessing of life.

Apart from the lows been approved by the representative body, no other lows is to be obeyed by the inhabitant of this state. Private ownership of properties is to be safe guarded by the lows, and when ever a particular member or indigene of the state properties are to between, for the use of the public, the owner  need to be compensated with equivalent in money.

Both look revolutionary Twins. The occurred in the later eighteen century and are bee consider ‘’mirror struggle.’’ Both also subverted near a monarchical system of government and created ripe condition for deep patriotism to the state by its citizens.

Both the revolution spurred  a strong response by other nations which ted to similar and seminal  political document .The revolution by both state were be carried out base on the same  goal, and objectively to boost the economy of the state and also to gain freedom from other superior state (independence).The monarchial rule was generally un bearable for than, it made things hard for them and no others to make things for themselves and protect their interest and freedom, the declaration was than been dratted.

The two document were but been created with the some intellectual heritage, been influence by the Virginia declaration of right which was been drafted by gorge mason. The two document were bond of much revolutionary in nature and were been make with the soul aim of over throwing the government in that time by these two states. And this document tried to address the problem facing citizens of both state.

                                                        DISMILARITICS

The French can be distinguished from the Americans, by the brevity characteristic of their language. The French documents is been set upon equality before the law which that of Americans was only brought out  accidental as a result of their social  contentious and democratic institution in which seemed self evident.

Going by the French article, the influence of the social contract will have been recognized, but yet it was been brought our unknown to the Americans stipulation. The Americans bill of right do not only tried to set forth certain principles to the state organization, but they seek above all to draw the boundary ling between the state and individual. According to them, the individual is not a possessor of rights through the state, but by his own nature, he has in alienable and indefeasible right. The English laws know nothing of this. They do not wish to recognized Idea from their father ‘’the old doubted the right of the English people.’’

The declaration of man’s right as a citizen of a state is one among the fundamental and much resourceful documents of the French revolution influenced by the doctrine of nature right.  It promulgates a set of individual and collective right as universally defined. This is valid in all places, as for human nature itself. A long side with the American declaration of Independence, which is been termed as a major International human right instruments.
 while the American declaration of independence only set forth fundamental right for all men without given exception, the French declaration of right of man did not give any statement about the status of women, nor did it explicitly address slavery., Condo also although, the declaration allowed and accepted that it was been created ‘’under the auks prices of the supreme being ‘’, it holds back from the affirmation o it American counter part, which also proclaimed  that human right are endowed by God, rather than by the state.

                                                                 CONCLUSION

In a nutshell, one many realize that the American of independence and the French declaration of right are dimensions this is to say that both the French and American struggled for their freedom as a result of the subjugation, ill treatments and exploitation which the suffered in the  hands of foreign bodies. The resulting consequence their struggle help to let the world know that all men are born free and remain free and equal in right.