The Declaration of the Rights of Man and of Citizens

A historical account written in the late 19th century. This work serves as a significant analysis of the French Declaration of Rights from 1789, exploring its implications in constitutional history, particularly its influence on civil rights and liberties in the context of modern European states. The author investigates the legacy of this pivotal document as it relates to individuals’ rights in both France and the United States, ultimately delving into the underlying philosophies that shaped these declarations. At the start of the text, the author establishes the importance of the 1789 French Declaration as a landmark event during the French Revolution, noting varied criticisms and praises for its abstract language and perceived political ramifications. Jellinek emphasizes the document's vital role in shifting the conception of individual rights from the privileges granted by the state to inherent rights recognized by law. Moreover, he argues that the principles enshrined in the Declaration have had a profound, lasting impact on constitutional law in Europe and the United States, thus setting the stage for a detailed exploration of its sources and comparisons with other rights declarations, particularly from the American context.