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Full Description
Documents the influence Britain and France had on the ideas of liberty and human rights from the twelfth century to the French Revolution.
This book innovatively challenges the widely held perception that the idea of Human Rights and their protection was invented in the long eighteenth century. Liberty, Equality, Fraternity, the motto of the French Republic, encapsulates the 1789 Declaration of the Rights of Man. The authors trace the history of each article in that Declaration to the twelfth to the sixteenth centuries. In that period French-speaking Norman rulers in England introduced the common law based on reason and natural rights, government by limited monarchy and habeas corpus; and in both France and England the right to a fair trial or due process replaced trials by ordeal and battle, chattel slavery disappeared, and the rule of law and republican government were developed. The authors show that the ideas the French and British shared in that period were deployed to justify the rebellions and revolutions in the Netherlands and Britain in the sixteenth and seventeenth centuries, and in France and the USA in the eighteenth century. These ideas inspired human rights declarations, treaties and national laws in the twentieth century.
The authors draw on the Policraticus (1159) of John of Salisbury and (among others) Thomas More's Utopia (1516), Jean Bodin's Six Books of the Republic (1576), John Locke's Treatises on Government (c.1689), Montesquieu's Spirit of the Laws (1748) and William Blackstone's Commentaries on the Laws of England (1765-69).
Contents
Contents
Map
Forward by Tim Eicke K.C.
Preface
Acknowledgements
List of Abbreviations
Editorial Conventions
Part I:
Introduction
1. Definitions
2. Historical Background
Part II: Rights Pre-requisite to All Other Rights
3. Equality and Liberty
4. The rule of Law
Part III: Civil liberties that are rights to be let alone
5. Life, Security, Subsistence, Punishment, Torture and Reputation
6. Personal Liberty, Prohibition of Slavery and the Right to Work
7. Privacy
8. Religion, Conscience, and Duties
Part IV: Rights that Require Individuals to Co-operate with One Another and that there be a State with Institutions for Making and Executing Laws
9. Political Liberty
10. Property, Taxation, and the Right to Vote
11. Freedom of Expression and Assembly
Part V: Rights Necessary for the Enforcement of all Other Rights
12. Resistance to Oppression
13. Limits to Law
14. Fair Trial or Due Process
15. Revolutions
Conclusion
Chronology
Bibliography
Index of Constitutions, Statutes, Treatise and Declarations
Index of Cases
General Index
