MediaArhiv

Part 6

page 72/124

And there is no doubt that it signifies the coexistence of individuals, considered outside the political form. And these individuals are, first of all, people (GVotiez), but not citizens (sCouenz), which is what the Declaration understands to distinguish. Human rights: freedom, equality, security and property “) receive their protection and power. find their limits in the specific definition of individual rights of a citizen (various types of freedom), which the inventing convention for the first time designated by the corresponding term and distinguished from rights

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2) Bentham calls him ironically “a new, unknown face.”

3) The use of this term “sacred” is significant in relation to the principle of the new normative understanding, on which the individual relies in the fight against the old; the latter's defenders also called their right to rule divine and sacred.

Via zoo VAR.

political or public'). In turn, basic or political laws (i.e., the form of the constitution) are designed to guarantee individual rights. (This connection between political and individual rights, noted by us in the political judgments of previous political writers and publicists of the Enlightenment, finally receives its formulation in the 23rd paragraph of the Declaration of 1795 in the following terms: [and lochazzatse her 1 sopzetoayot @ez zez @toyz;

The political guarantees, specified in general terms, in the seventeen paragraphs of the declarative constitutions, are more precisely formulated in the declaration of 1793. (It also represents the full development of individual rights, proclaiming not only the freedom of worship, omitted by the constitution and the freedom of assembly 3), but also the right of petishes.”).

Confirming popular sovereignty, in the spirit of Rousseau, this declaration establishes the right of every citizen to participate in legislation (in a representative system, which is not to mention the declaration of 1793, this corresponds to universal suffrage) - in the appointment of government agents 5), in the responsibility and punishment of these agents in the event of a crime 5) etc. d. Finally, vmfst% with the input

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2) Ag, 1 PP of the constitution. 1791 (D) include the guarantor of rights, the declarations of the constituents.

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3) Av UP.

4) Agyo. XXHI.

5) Ag. XX. 8) Ag. XXX,

— 372 the right to revise and amend the constitution (at. XXUTS. O. 1), we must note, in connection with the opposition we have indicated, society to the state, the concept of law and its limitation in the spirit of Spinoza and Locke. The law, the same for everyone, is an expression of the general will. This is fully consistent with the principle of popular participation in legislation. The law cannot order what is contrary to justice and the benefit of society, but can protect society from harm 1). And the opposite of justice is, first of all, the violation of individual rights. This is a very consistent conclusion from the theory of inalienable rights that is diametrically opposed to Hobbism. He began to contradict the practice of the convention, which, according to many authors, is explained in the historical situation of France, at that time, which waged a war with Europe for the principles of the revolution.

Already declaring the constituents to work (in Pgeashsha) 0 happiness for all 3); The Declaration of 1795 directly decreed in the very first paragraph that 1e Ъib 4e 1a $0966 its 1st roppeig came down. But it is not limited to this unfounded statement, but also indicates the means of achieving it for some members of society (though in a general form). Public service is a sacred duty. Society must ensure the existence of unfortunate citizens by giving them work or providing a means of living for those who are unable to work." The next paragraph 5) speaks of the duty of society to create favorable conditions for the development of the public mind, and for this to make education accessible to everyone.

1) Age: TU.

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3) Mounier’s project declaration (1789) expresses itself more expressly in this regard: “The goal of every government is 1616 raisonné,” for all people irresistibly strive for happiness.

Not to mention the principles of the declaration of 1793, which leave no doubt that its individualism is not identical with state and social indifference to the material fate of the individual, declaring the constituents with their income tax requirements, in proportion to the economic forces of each 1) we will establish the principle of alienation of property, in case of public need, under will we hear a fair reward?).