✎✎✎ Declaration Of The Rights Of Man And Citizen Analysis

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Declaration Of The Rights Of Man And Citizen Analysis



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The Declaration of the Rights of Man and of the Citizen

In reexamining it today, we realize that this American Creed continues its role in providing cohesive force to a society not only divided by conflicting positions on controversial issues, but also united in seeking the fulfillment of its founding ideals. This means that no one is legitimately the ruler of others by birth and no one is by birth the subject of a ruler.

The other is that human equality goes deeper than just political equality. In this sense, all people are considered of equal value and worth, or equal in the eyes of God. All are created moral equals. In fact Jefferson intended both of these senses of natural equality. Late in life he stated that in composing the Declaration he was not stating original principles or ideas of his own. History of the idea of political equality.

Ideas of natural political equality were developed in seventeenth-century England and exported to its colonies across the North Atlantic. All of these sources speak of natural human political equality flowing from their natural equality by birth. History of the idea of moral equality. The idea of the moral equality of human beings has more ancient origins. The equality and universal fraternity of humanity was a doctrine of the Stoic philosophers of the third century BC.

These ideas were taken up and spread by Christianity, which held that each person has an immortal soul and that each person is equal in the sight of God. Equality and the American mind. In colonial America, where Christianity was already deeply established, the Great Awakening, a religious revival movement that swept the colonies from the s to the s a Second Great Awakening would take place in the nineteenth century , helped spread the idea of universal moral human equality, including equality among social classes.

By the eve of the Revolution, universal human equality was a common American idea. Inalienable rights are rights that we are unable to give up, even if we want to. According to the concept of inalienable rights found in the Declaration of Independence, liberty is such a right. That means that if we signed a contract to be a slave, we would not have an obligation to keep it; and despite the contract, no one would have a right to our services. Having rights that are inalienable does not mean they cannot be attacked by our being arbitrarily killed, imprisoned, or otherwise oppressed. It means that such acts are not morally justified and that we have a ground for moral complaint.

That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. Without them we lose our humanity. With no inherent right to life and liberty, we would be in the same position as ordinary animals such as cattle or sheep. Human beings are different: our right not to be treated like an animal is part of our very nature that we are powerless to change. We are unable to change our nature, and so we are unable to rid ourselves of certain of our essential qualities, such as the capacity to make moral choices.

To answer this, we should bear in mind that in writing the Declaration, Jefferson said he was not attempting to put forth an original philosophy of his own. As therefore the highest perfection of intellectual nature lies in a careful and constant pursuit of true and solid happiness, so the care of ourselves, that we mistake not imaginary for real happiness, is the necessary foundation of our liberty. The stronger [the] ties we have to an unalterable pursuit of happiness in general…the more are we free from [obedience to an immediate impulse for some pleasure].

Every day we make numerous choices in deciding what course of action will add to our well-being—what will make us happy. Making these choices is the pursuit of happiness. The results of our choices are not all equal: we soon discover that choosing some pleasures, especially following momentary impulses, leads not to happiness but to pain. But if we use our faculty of foresight, recalling past experience, we learn to postpone immediate gratification and see what choices are really in our interest. Thus, learning self-control based on experience is essential to happiness. Pursuing happiness as an inalienable right. Accordingly, our right to make these choices is inalienable, and, unless our actions attack the rights of others, it is wrong for government to interfere.

Private happiness, public happiness, and moral goodness. Locke, Jefferson, and others learned from ancient philosophers, especially Aristotle, that these choices have ethical or moral dimensions: those without moral virtue cannot be happy. From the Preamble to the U. We the People of the United States, in Order to form a more perfect Union, establish Justice , insure domestic tranquility , provide for the common defense, promote the general Welfare , and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Justice refers generally to fairness. The meaning of justice has been contested for more than 2, years of human history and remains contested today.

The concept of justice has long been divided into three types: distributive justice, procedural justice, and corrective justice. Distributive justice. Distributive justice refers to the fairness of the distribution of benefits and burdens among persons or groups in society. Benefits may be such things as pay for work or the right to speak or vote. They may include almost anything that can be distributed among a group of people that would be considered useful or desirable, such as praise, awards, opportunities for education, jobs, membership in organizations, or money.

Burdens may include obligations, such as homework or chores, working to earn money, paying taxes, serving on juries, or caring for another person. They may include almost anything that can be distributed among a group of people that would be considered undesirable, such as blame or punishment for wrongdoing. Issues and controversies over the fair distribution of benefits and burdens in society are very common and often highly contested, such as debates over health care benefits and taxes.

Phrases in the Constitution that are designed to promote distributive justice include:. Article IV. Section 2. Amendment XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Amendment XV. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Amendment XIX. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Amendment XXIV. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax. Amendment XXVI. The right of citizens of the United States, who are eighteen years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

Procedural justice. Procedural justice refers to the fairness of procedures or ways of doing things. More specifically, procedural justice refers to the following: the fairness of how information is gathered the fairness of how decisions are made. Procedural justice does not refer to the fairness of decisions themselves. That is a matter of either distributive or corrective justice.

The goals of procedural justice are the following: to increase the chances that all information necessary for making wise and just decisions is gathered to ensure the wise and just use of information in the making of decisions to protect the right to privacy, human dignity, freedom, and other important values and interests such as distributive and corrective justice to promote efficiency. Scholars and others who have studied procedural justice often claim that it is the keystone of liberty or the heart of the law. Observers of world affairs have sometimes claimed that the degree of procedural justice present in a country is a good indicator of the degree of freedom, respect for human rights, and other basic rights in that country.

A lack of procedural justice is often considered an indication of an authoritarian or totalitarian political system. Respect for procedural justice is often a key indicator of a democratic political system. Phrases in the Constitution designed to promote procedural justice include:. Article I, Section 9. No Bill of Attainder or ex post facto Law shall be passed. Article III, Section 3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Amendment V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Corrective justice. Corrective justice concerns the fairness of responses to wrongs or injuries suffered by a person or group. Fair responses to wrongs and injuries may vary widely. In some instances, one may ignore what has happened, forgive the person causing the wrong or injury, or use the situation to educate the person to prevent a repetition of the event.

In other situations, one might wish to require a person to compensate in one way or another for a wrong or injury done to others. Skip to main content. Toggle navigation Welcome to the United Nations. Article 1 All human beings are born free and equal in dignity and rights. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11 Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed.

Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Article 13 Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country. Article 14 Everyone has the right to seek and to enjoy in other countries asylum from persecution.

This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16 Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses.

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. Article 21 Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country.

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23 Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25 Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

In reexamining Declaration Of The Rights Of Man And Citizen Analysis today, we realize that this American Creed continues its role alexander the great tutored by aristotle providing cohesive force to a Declaration Of The Rights Of Man And Citizen Analysis not only divided by conflicting positions on Christmas On Primrose Hill Book Report issues, but Declaration Of The Rights Of Man And Citizen Analysis united in seeking the fulfillment of its founding ideals. In this context, Give Me Liberty Analysis agricultural solutions for local and international commodity Declaration Of The Rights Of Man And Citizen Analysis to supply local agricultural value chains is key to building interconnected African Markets. The Declaration was chosen to be the first digitized text This will enable different stakeholders to prepare in averting crises, and especially for the private sector Declaration Of The Rights Of Man And Citizen Analysis move food from areas of surplus to areas of deficit.