1 00:00:00,330 --> 00:00:07,950 Thank you to the Voltaire Foundation for this invitation. Thank you for the lovely introduction and thank you all. 2 00:00:07,950 --> 00:00:18,870 Thank you all for coming. Particularly at a time when you should all be home glued to the screen, figuring out what happened. 3 00:00:18,870 --> 00:00:28,500 Timing is everything, and I can't imagine a more timely day than today to discuss a momentous set of parliamentary discussions 4 00:00:28,500 --> 00:00:36,900 resting above all on battles over very particular choices of words or if the absences of particular words. 5 00:00:36,900 --> 00:00:42,550 So what happened to writing rights in 1789? 6 00:00:42,550 --> 00:00:51,490 This question is the focus of a research project that found Edelstein and I have been doing together with some colleagues at Stanford and in Sydney. 7 00:00:51,490 --> 00:00:58,990 We've been looking at the process by which the Declaration of the Rights of Man and of the Citizen was actually written in 1789. 8 00:00:58,990 --> 00:01:06,100 And we're trying to imagine ways of tracking that process. The question is, of course, far from you. 9 00:01:06,100 --> 00:01:13,510 Debates over the over the past the French followed to open this portal to the modern world have been endless. 10 00:01:13,510 --> 00:01:19,150 Long may be so in the classic joust. No, to all historians of the topic, 11 00:01:19,150 --> 00:01:26,980 Jelinek argued for more for a kind of ideological alter route leading from the primaeval forests of Germany via the Reformation, 12 00:01:26,980 --> 00:01:34,810 through the monuments of the English and American bills of rights and back across the Atlantic to Paris and Versailles. 13 00:01:34,810 --> 00:01:39,040 It may be answered with a broad map of the Enlightenment in Europe, 14 00:01:39,040 --> 00:01:44,470 though principally in France that traced a variety of trails traversing a diffuse 15 00:01:44,470 --> 00:01:50,790 field of natural right theories before they eventually converged in 1789. 16 00:01:50,790 --> 00:01:55,710 The signature of the Declaration of the Rights of Man and of the citizen boot, me claimed, 17 00:01:55,710 --> 00:02:03,260 belonged and I quote to the whole 18th century destroyer of all tradition, creator of natural right. 18 00:02:03,260 --> 00:02:07,040 Since then, the compass of debate has continued to swing. 19 00:02:07,040 --> 00:02:14,420 Frank eventually did much to demonstrate the interest displayed in Paris and indeed across Europe in the bills of rights. 20 00:02:14,420 --> 00:02:25,460 The preface the American state constitutions Jonathan Israel has recently rediscovered that fact and broadcast it in his most recent book. 21 00:02:25,460 --> 00:02:32,600 Marcel Gaucher and Stefan Reales, writing at the time of the bicentennial bicentennial of the French Revolution, 22 00:02:32,600 --> 00:02:38,990 also made clear the presence of the American examples in the French debates over a declaration of Rights, 23 00:02:38,990 --> 00:02:49,840 but pointed out how strenuously the deputies fought over whether or how to reject, adopt or transcend the Anglophone model. 24 00:02:49,840 --> 00:02:57,340 Stefan Reales pointed the way toward, well, what what might well have become a consensus by concluding that the Declaration of Rights 25 00:02:57,340 --> 00:03:04,270 in matter and of the citizen was the expression of what he called a diffuse Lock-In ism. 26 00:03:04,270 --> 00:03:08,350 This Solomonic judgement allowed for a broad, lucky in spirit, 27 00:03:08,350 --> 00:03:17,040 infusing the thinking of the 18th century that could find expression in a whole family of declarations on both sides of the Atlantic. 28 00:03:17,040 --> 00:03:29,670 But the formulation soon frayed at the seam, conjoining lucky and diffuse was the spirit of the declaration diffuse or was it locked in or both? 29 00:03:29,670 --> 00:03:39,450 Historians of French republicanism, led by Florence Gautier, have argued loudly for the creation of crucial importance of a very specific like unison, 30 00:03:39,450 --> 00:03:47,130 an interpretation they've based largely on a significant mistranslation of a key passage from the second treaties. 31 00:03:47,130 --> 00:03:56,280 Dan Edelstein, on the other hand, in a brilliant recent article, as argued instead for a diffuse tradition that is scarcely locked in at all. 32 00:03:56,280 --> 00:04:03,750 He emphasises how little attention was paid in France to specific political arguments of lock second treaties, 33 00:04:03,750 --> 00:04:10,080 as compared with the epistemological reasoning of the essay on human understanding. 34 00:04:10,080 --> 00:04:14,730 He points to the fact that French discussion of natural rights largely veered 35 00:04:14,730 --> 00:04:20,490 away from the explicitly contract Tyrion arguments of locked political theory, 36 00:04:20,490 --> 00:04:29,280 hence from arguments regarding the basis of sovereignty and the right of resistance that was so central to Locke's political work. 37 00:04:29,280 --> 00:04:37,440 He shows the ways rights talk in 18th century, France was also progressively infused with an Enlightenment sentimentalism that 38 00:04:37,440 --> 00:04:42,570 gave it a very different colouration from the jurisprudential tradition that, 39 00:04:42,570 --> 00:04:48,390 uh, that that belonged in continental natural right thinking. 40 00:04:48,390 --> 00:04:57,600 In this regard, Edelstein's work and lines with Leanne Hunt's work on the sentimental, sentimental ization of human rights by the 18th century novel, 41 00:04:57,600 --> 00:05:05,220 though it distances itself from her view of the novel specifically generative of that conception. 42 00:05:05,220 --> 00:05:13,140 Finally, Edelstein takes note of the fact to which I'll return later in this presentation. 43 00:05:13,140 --> 00:05:19,920 Namely, that French discussion of natural rights in the plural often remained embedded in the metaphysics of 44 00:05:19,920 --> 00:05:27,150 natural right in the singular that still had substantial religious and metaphysical implications. 45 00:05:27,150 --> 00:05:35,940 It seems significant from this perspective that the Encyclopaedia of Determined Darwin Bear offered an article on dry and natural in the singular, 46 00:05:35,940 --> 00:05:44,070 the universal principle of justice intuited by all humankind, but none on the unnatural in the plural, 47 00:05:44,070 --> 00:05:50,160 which is to say, rights pertaining universally to human beings as individuals. 48 00:05:50,160 --> 00:05:55,410 Do you know how to name for this sense of right? Common to humanity as a whole? 49 00:05:55,410 --> 00:06:07,480 He called it the volunteer general, the general wheel of the species and the common desire. 50 00:06:07,480 --> 00:06:17,170 Rather than prospecting for broad influences, we opted for a different tack in this collaborative project that I'm presenting today. 51 00:06:17,170 --> 00:06:21,430 We decided to look as closely as possible at the actual process by which the 52 00:06:21,430 --> 00:06:27,580 Declaration of the Rights of Man and of the Citizen was written in the summer of 1789. 53 00:06:27,580 --> 00:06:36,310 We were motivated by several considerations. A prime one was the provocation of Jonathan Israel's claim that the Declaration of the Rights 54 00:06:36,310 --> 00:06:41,620 of Man and of the Citizen represented a wholesale victory for the group of intellectuals. 55 00:06:41,620 --> 00:06:51,410 He gathered together under the banner of a radical enlightenment, deriving its ideas and arguments, ultimately from materialist philosophy. 56 00:06:51,410 --> 00:07:01,550 Israel's argument hinges, crucially, on his assertion that when the National Assembly finally considered the precise wording of the declaration, 57 00:07:01,550 --> 00:07:05,240 a new week of debate towards the end of August 1789, 58 00:07:05,240 --> 00:07:16,370 the deputies took as the basis of their discussion of draught proposed by Mirabeau, whom Israel claims as a leading member of the materialist coterie. 59 00:07:16,370 --> 00:07:23,720 In fact, this assertion is just plain wrong and honest to God false fact that can be demonstrated as such. 60 00:07:23,720 --> 00:07:34,640 Even in this age of fakery, where falsifications of false facts can be falsified by further falsifications and in less in an end, the series. 61 00:07:34,640 --> 00:07:42,260 Another consideration motivating our research was more general the appearance of a new historiography of human rights, 62 00:07:42,260 --> 00:07:51,860 exemplified above all in the work of Samuel Moin, Moin is offered a sharp distinction between a modern post-World War Two conception of universal 63 00:07:51,860 --> 00:07:58,730 human rights address since World War Two against the claims of the sovereign state and an older, 64 00:07:58,730 --> 00:08:03,740 18th century conception of the rights of man and of the citizen, 65 00:08:03,740 --> 00:08:12,140 the latter being under being emphasised intimately related to the process of not national state building. 66 00:08:12,140 --> 00:08:24,210 From this perspective, then what happened to rights in 1789 becomes crucial for the question of continuity or rupture in the practise of rights talk. 67 00:08:24,210 --> 00:08:33,480 We have one further motivation in this research, which was to explore what insights digitisation might bring to a very traditional question. 68 00:08:33,480 --> 00:08:38,340 Digital humanities has done remarkable work to reveal the diffusion of text, 69 00:08:38,340 --> 00:08:44,040 the circulation of letters and the distribution of writers across enlightened Europe. 70 00:08:44,040 --> 00:08:51,510 But in this regard, its model has tended towards the sociological, the discursive and big data. 71 00:08:51,510 --> 00:08:56,460 It invites distant reading in Franco-British sense of the term. 72 00:08:56,460 --> 00:09:05,340 Rebecca Spang and Simon Daddy-O have recently take an approach like this and work on the achieve parlementaire that 73 00:09:05,340 --> 00:09:13,710 applies text mining techniques to identify innovations in the digitised debates of the French revolutionary assemblies. 74 00:09:13,710 --> 00:09:22,470 But what might be achieved achieved? We wondered, with a more concentrated approach that would allow close readings of smaller clusters of data 75 00:09:22,470 --> 00:09:28,860 by capturing particular decisions and visualising specific moments of collective choice. 76 00:09:28,860 --> 00:09:33,960 We were eager in this particular research to explore methods of visualisation, 77 00:09:33,960 --> 00:09:43,380 asking in effect how far techniques of visualisation might throw processes of decision making into relief. 78 00:09:43,380 --> 00:09:48,040 So this is the team that assembled. 79 00:09:48,040 --> 00:09:55,350 Um, and you can see that there, along with myself and Daniel Stein. 80 00:09:55,350 --> 00:10:02,010 Uh, there there are two colleagues from the School of Design of the University of Sydney, 81 00:10:02,010 --> 00:10:11,190 Kate Sweet Apple and Jacqueline Corbett, Laura Kasun from the University of Sydney, who are the School of Design there, 82 00:10:11,190 --> 00:10:15,720 and then our colleague at Stanford, Nicole Coleman, 83 00:10:15,720 --> 00:10:36,380 who is a computer whiz person when it comes to visualising data and thinking about problems of doing that so that, uh, that is our team. 84 00:10:36,380 --> 00:10:43,770 And so let me then turn to the action that we were trying to trying to plot. 85 00:10:43,770 --> 00:10:51,660 By the time the Assembly National Assembly turned in late August 1789 to crafting the Declaration of the Rights of Man and of the Citizen, 86 00:10:51,660 --> 00:10:57,420 there were several dozen draught declarations in circulation. This is how we present them. 87 00:10:57,420 --> 00:11:03,450 Each of the bars is a different draught of a declaration of the rights of man and of the citizen. 88 00:11:03,450 --> 00:11:07,320 They came in a variety of shapes, sizes and flavours. 89 00:11:07,320 --> 00:11:15,060 There was the brief and direct summary of rights, as in the articles proposed by Lafayette in what was considered the American style. 90 00:11:15,060 --> 00:11:20,280 There was a systematic exposition of principles and their implications as in the extended 91 00:11:20,280 --> 00:11:27,360 rational exposition of social theory by S. I guess that was immediately dubbed metaphysical. 92 00:11:27,360 --> 00:11:33,900 There was at the limit the brutal, virtually Hobbesian inversion of enlightened social theory in the formulation of 93 00:11:33,900 --> 00:11:39,380 the basic conditions of political life offered by none other than Jean-Paul Mira. 94 00:11:39,380 --> 00:11:46,250 This latter may or may not have been communicated to the assembly before the eventual text was decided. 95 00:11:46,250 --> 00:11:54,980 It wasn't any case profoundly antithetical in spirit to the Assembly's discussions, and I mentioned only in passing as a teaser for the book. 96 00:11:54,980 --> 00:12:02,860 I hope to complete before too long on Barra as a prophet of terror and as a populist martyr. 97 00:12:02,860 --> 00:12:10,420 So our initial idea was to track the process by which elements of the draught declarations found their way into the declarations. 98 00:12:10,420 --> 00:12:16,150 The deputies eventually adopted that turned out to be more challenging than we had expected, 99 00:12:16,150 --> 00:12:24,070 largely because we found it difficult to disentangle the many formulations of what seemed to be similar ideas. 100 00:12:24,070 --> 00:12:31,630 At what point did linguistic variation verge into philosophical nuance, liking Arthur to split north a lump? 101 00:12:31,630 --> 00:12:40,120 We decided, in fact, to postpone analysis of the draughts as a whole corpus and to look first at the crucial debates in late August. 102 00:12:40,120 --> 00:12:46,780 In the course of which the National Assembly adopted the particular text as we know it and I say, 103 00:12:46,780 --> 00:12:55,600 adopted because as many of you know, it was adopted but not actually completed. 104 00:12:55,600 --> 00:13:03,580 The declaration upon which the assembly had agreed by the 26th of August 1789 was explicitly left provisional. 105 00:13:03,580 --> 00:13:12,190 When the following day, its language was declared subject to revision once the articles of the Constitution had been decided. 106 00:13:12,190 --> 00:13:16,480 So this revision the deputies to the Constitution, 107 00:13:16,480 --> 00:13:21,670 writing the deputies felt increasing pressure to turn by the time the Constitution 108 00:13:21,670 --> 00:13:28,510 was constitution was given final form and transitory existence in 1791. 109 00:13:28,510 --> 00:13:35,710 The Declaration of the Rights of Man and of the Citizen had achieved a stature similar to that of the mosaic tablets, 110 00:13:35,710 --> 00:13:47,990 in which case, of course, it was often represented. Our goal, then, has been to disassemble the articles of the declaration, 111 00:13:47,990 --> 00:13:53,480 reducing it to its constituent elements and showing the process by which it was put together. 112 00:13:53,480 --> 00:14:02,240 We've tried to visualise the crucial week of often stormy debate from the 20 20th to the 26th of August 1789, 113 00:14:02,240 --> 00:14:07,790 from which the declaration finally emerged. Storm might be a weak metaphor here. 114 00:14:07,790 --> 00:14:15,200 More and more a melodramatically one might imagine the scene at Versailles as a kind of ideological bomb site 115 00:14:15,200 --> 00:14:22,100 littered with remnants of an old order interspersed with fragments of the munitions that had destroyed it, 116 00:14:22,100 --> 00:14:24,590 or perhaps even better for a Californian. 117 00:14:24,590 --> 00:14:30,680 We might envisage it as the site of an earthquake where remnants of ancient buildings that have been frequently 118 00:14:30,680 --> 00:14:38,660 renovated now lay intermixed with fragments of newer construction that had scarcely been assembled. 119 00:14:38,660 --> 00:14:57,090 The deputies had this to decide which bricks to pick up and how to piece them together, so to begin with a brief resumé of the story to date. 120 00:14:57,090 --> 00:15:06,300 This is just a very brief timeline. Allow me to remind you that there was deep ambivalence from the very beginning of the National 121 00:15:06,300 --> 00:15:12,480 Assembly's discussions over the need for a Declaration of Rights and the form it should take. 122 00:15:12,480 --> 00:15:20,010 Those deputies who saw the assembly's task as fixing up a damaged monarchical constitution saw no necessity for 123 00:15:20,010 --> 00:15:28,530 a prior declaration of principles on which that constitution would be founded since it had a historic basis. 124 00:15:28,530 --> 00:15:36,810 They admitted, at most the possibility of a short, concise preamble to the Constitution itself. 125 00:15:36,810 --> 00:15:45,690 They were profoundly wary of any declaration of abstract principles that might maybe be misunderstood by an ignorant populace, 126 00:15:45,690 --> 00:15:54,800 further inflaming the passions that were shredding the social order of the countryside in the weeks following the fall of the Bastille. 127 00:15:54,800 --> 00:16:01,580 Those deputies, on the contrary, who imagined the assembly's task as a more ambitious project of writing a constitution, 128 00:16:01,580 --> 00:16:08,150 a new envisaged a declaration of Rights separate from the Constitution and prior to it 129 00:16:08,150 --> 00:16:14,420 grounding the political identity of the nation on first principles only rational exposition, 130 00:16:14,420 --> 00:16:20,380 they thought, could quiet political and social passions. 131 00:16:20,380 --> 00:16:25,000 These differences became clear in the debates over over the draughts proposed 132 00:16:25,000 --> 00:16:31,090 by Lafayette on the 11th of July by Shias on the 20th to the 21st of July. 133 00:16:31,090 --> 00:16:34,700 By Munir on the 27th of July. 134 00:16:34,700 --> 00:16:44,720 They persisted in the meetings of the 30 bureau into which the assembly had divided itself to foster more intimate and productive discussion. 135 00:16:44,720 --> 00:16:51,500 The assembly, it must be remembered, comprised some twelve hundred deputies after Louis, the 16th, 136 00:16:51,500 --> 00:17:01,610 had ordered recalcitrant representatives of the privileged orders to join the commoners who had declared themselves the National Assembly in June 17, 137 00:17:01,610 --> 00:17:09,590 1789. This is one reason why the National Assembly had its problems making any kind of decisions 138 00:17:09,590 --> 00:17:14,150 since the members were still profoundly divided by attitudes of order in a state. 139 00:17:14,150 --> 00:17:18,860 It was thought that smaller groups bringing representatives together across traditional 140 00:17:18,860 --> 00:17:24,850 status lines would lead to more fruitful discussion and yield more shared understanding. 141 00:17:24,850 --> 00:17:32,710 This procedural innovation failed to produce the desired results and was largely abandoned by the end of July, 142 00:17:32,710 --> 00:17:38,740 August opened with general discussion of the nature and desirability of a Declaration of Rights, 143 00:17:38,740 --> 00:17:43,270 culminating in a momentous decision on the morning of the 4th of August. 144 00:17:43,270 --> 00:17:50,890 The morning of the 4th of August. By that time, the vast majority of the clergy had joined with other conservative deputies to 145 00:17:50,890 --> 00:17:57,770 demand that any declaration of Rights also include a declaration of duties. 146 00:17:57,770 --> 00:18:03,980 Without the latter, they insisted restoration of social order would be impossible. 147 00:18:03,980 --> 00:18:11,510 There is a risk of awakening egoism and pride, thundered the Bishop of Charge on their behalf. 148 00:18:11,510 --> 00:18:17,840 The flattering expression of rights must be accompanied by duties as a corrective. 149 00:18:17,840 --> 00:18:24,020 This argument for the Declaration for a Declaration of Rights and duties was rejected by the assembly 150 00:18:24,020 --> 00:18:31,160 rejected by five hundred and seventy to four hundred and thirty three votes and a tense roll call vote. 151 00:18:31,160 --> 00:18:38,270 But the defeat of deputies promised the victories of rights before closing the morning session of the fourth of August. 152 00:18:38,270 --> 00:18:48,080 The deputies decreed almost unanimously that the Constitution would indeed be preceded by a declaration of the rights of man and of the citizen. 153 00:18:48,080 --> 00:18:54,950 The stage was set then for the dramatic evening performance, the one we all know about as the night of the fourth of August, 154 00:18:54,950 --> 00:18:59,780 when weeks of division and frustration within the assembly and alarm at the social 155 00:18:59,780 --> 00:19:05,720 convulsions beyond it erupted into an emotional holocaust of privileges and particular isms, 156 00:19:05,720 --> 00:19:14,240 ending the so-called feudal regime. It was another week before the assembly could return to the matter of a declaration of Rights. 157 00:19:14,240 --> 00:19:19,910 It decided on the 12th of August to appoint a committee to reduce the confusion of conflicting 158 00:19:19,910 --> 00:19:26,270 proposals into a working draught that would serve as a basis for detailed deliberation. 159 00:19:26,270 --> 00:19:34,520 The committee of five, named the following day, was led by Mirabeau and given the weekend to complete its task. 160 00:19:34,520 --> 00:19:41,690 The work seems to have been largely entrusted to the little think tank of Geneva and exiles Mirabeau had gathered around him. 161 00:19:41,690 --> 00:19:42,290 A speech. 162 00:19:42,290 --> 00:19:53,720 Writers and propagandists, Jeremy Bentham, who sat with them at this work, later offered aside recollections of their intellectual prestidigitation. 163 00:19:53,720 --> 00:19:56,180 The work had not gone well. 164 00:19:56,180 --> 00:20:07,160 Mirabeau, the master of parliamentary shows showmanship, presented the results to the assembly on 17th of August in an unusually inept performance. 165 00:20:07,160 --> 00:20:13,790 What, he lamented, could be winnowed within three days for more than a score of conflicting projects. 166 00:20:13,790 --> 00:20:18,560 How could the results be rendered simple enough to be useful to the general 167 00:20:18,560 --> 00:20:25,130 mass of a people ready for liberty by the force of facts and not by reasoning? 168 00:20:25,130 --> 00:20:34,390 How, moreover, could universal truths deriving from human nature be distinguished from the modifications they had received, in particular societies? 169 00:20:34,390 --> 00:20:43,940 How could principles of liberty be enunciated in the abstract without entering into particular details or slipping into specific legislation? 170 00:20:43,940 --> 00:20:51,800 How could resentment at the abuses of despotism be set far enough aside to yield a declaration of the rights of man, 171 00:20:51,800 --> 00:21:01,820 rather than a mere declaration of war against tyrants? Ideally, Mirabeau acknowledged a declaration of rights would would contain actions so simple, 172 00:21:01,820 --> 00:21:08,120 self-evident and to having consequences that every constitution would flow from it. 173 00:21:08,120 --> 00:21:11,510 But neither men nor circumstances were ready for that. 174 00:21:11,510 --> 00:21:22,760 Even in France, perfection, he said, perfection in this matter could not be achieved instantly or for a polity that was in virtual collapse. 175 00:21:22,760 --> 00:21:29,030 In the face of these difficulties, Mirabeau offer the deputies a barely coherent concoction, 176 00:21:29,030 --> 00:21:34,970 combining a dose of fizzy ocracy with a dollop of Rousseau and a soup side of Lafayette. 177 00:21:34,970 --> 00:21:42,930 It's 19 articles seasoned with a sequence of Wright's assertions countering specific old regime abuses. 178 00:21:42,930 --> 00:21:49,090 Lengthy discussion demonstrated only the mirabilis committee has satisfied no one. 179 00:21:49,090 --> 00:21:57,640 In frustration, the deputies ready themselves to vote on a motion to return to the bureau for more intensive discussion. 180 00:21:57,640 --> 00:22:05,620 Each bureau would be asked to identify the existing proposal it preferred as the basis for detailed discussion, 181 00:22:05,620 --> 00:22:09,730 with the assembly then reconvening to consider the most popular choice. 182 00:22:09,730 --> 00:22:16,610 Article by article. Before the vote could be taken, though, Mirabeau regained the floor. 183 00:22:16,610 --> 00:22:25,500 Earlier, he had argued against referring his draught to the bureau on the grounds that the procedure would simply extend the cycle of indecision. 184 00:22:25,500 --> 00:22:26,300 Instead, 185 00:22:26,300 --> 00:22:35,810 he'd called on the assembly to reach closure by considering his committee's draught in detail and revising its successive articles as necessary. 186 00:22:35,810 --> 00:22:39,230 Now, he reversed direction completely. At this point, 187 00:22:39,230 --> 00:22:48,230 he announced the assembly should merely reaffirm its decision to make a Declaration of Rights an integral first chapter of the Constitution, 188 00:22:48,230 --> 00:22:56,720 and then postpone the actual composition of the declaration until other parts of the Constitution had been completed. 189 00:22:56,720 --> 00:23:06,090 In effect, Mirabeau proclaimed the utter impossibility of writing rights in the existing political situation. 190 00:23:06,090 --> 00:23:12,510 The speech through the assembly into turmoil. Some, yeah, some deputies embraced its conclusions. 191 00:23:12,510 --> 00:23:18,720 Others repudiated them. Still, others denounced its author for his arrogance and cynicism. 192 00:23:18,720 --> 00:23:24,660 His performance would have killed his committee's report had it not been already dead by that time. 193 00:23:24,660 --> 00:23:32,130 His draught declaration was tabled in effect by a decision to refer it to the Bureau for further consideration. 194 00:23:32,130 --> 00:23:39,780 The next day, the Assembly voted to proceed without discussing it any more to proceed. 195 00:23:39,780 --> 00:23:44,970 But how arguments jumbling how to proceed with what to decide? 196 00:23:44,970 --> 00:23:52,920 Continued in a mixed up state until the deputies resolved as a kind of desperate last resort to choose from the draught 197 00:23:52,920 --> 00:24:01,860 declaration that had been submitted to them finally taking whichever gain the most support as a basis for detailed consideration. 198 00:24:01,860 --> 00:24:13,170 Article by article The result was unexpected. Third place went to Lafayette with forty five votes, second to six with two hundred and forty. 199 00:24:13,170 --> 00:24:19,500 Then an overwhelming majority of 620 votes went to a draught that had been drawn up in the 200 00:24:19,500 --> 00:24:26,310 6th Bureau of the National Assembly at the end of July and barely mentioned in the debates. 201 00:24:26,310 --> 00:24:37,890 Since that moment? Also formerly a member of the six bureau marvelled at this outcome, 202 00:24:37,890 --> 00:24:43,320 the security said if it still existed, we'd be surprised to see its draught preferred. 203 00:24:43,320 --> 00:24:49,830 Its draught was just a canvas to write on. It was stripped of details to be made more methodical and complete later. 204 00:24:49,830 --> 00:24:57,850 It needs to be filled in. The relative brevity of this draught may well have been one reason for its selection by the assembly, 205 00:24:57,850 --> 00:25:04,420 though it was not shorter than Lafayette's pithy text, but also got it wrong. 206 00:25:04,420 --> 00:25:09,820 Rudimentary, though the six bureau draught was, it was not be filled out by the Assembly. 207 00:25:09,820 --> 00:25:14,520 To the contrary, it was pared down quite dramatically. 208 00:25:14,520 --> 00:25:23,880 Taji gracing the draught got it wrong, too, in declaring that it contained no contested principles to the contrary, again, 209 00:25:23,880 --> 00:25:32,910 intense discussion of these articles exposed deep ideological divisions within the assembly, unable to reconcile their differences. 210 00:25:32,910 --> 00:25:38,790 The deputies eventually chose to evade them, stripping away contested principles. 211 00:25:38,790 --> 00:25:43,950 They ended up saying less because they could not agree to say more. 212 00:25:43,950 --> 00:25:48,420 It was easier to cut power and whittle away. 213 00:25:48,420 --> 00:25:55,470 And this, it turns out, was the process that gave the text eventually adopted its laboratory character. 214 00:25:55,470 --> 00:26:02,850 One might say it was this process of pairing that gave that document its stamp of universality. 215 00:26:02,850 --> 00:26:10,050 So we'll turn then to the draught of the six bureau. 216 00:26:10,050 --> 00:26:24,270 There it is. Twenty four articles. Um, and you see that we have coloured each article, so I need to explain the code that went into that. 217 00:26:24,270 --> 00:26:33,780 It went into that colouring. And this is, uh, in effect, what we came up with, 218 00:26:33,780 --> 00:26:40,260 what we tried to do was to try to code the various articles according to the scale 219 00:26:40,260 --> 00:26:47,450 ranging from traditional read all the way down to libertarian traditional taking the, 220 00:26:47,450 --> 00:26:54,330 uh, taking the position that religion as here is the basis of empires. 221 00:26:54,330 --> 00:27:00,370 But the only possible foundation for social order conservative. 222 00:27:00,370 --> 00:27:08,320 Religion is a duty for man that it can be expressed peacefully as a right kind of middle ground. 223 00:27:08,320 --> 00:27:13,000 Religion being a basis for empire. 224 00:27:13,000 --> 00:27:25,870 Nonetheless, no one can be harassed in his religious opinions liberal argument for tolerance, which allows everyone to practise their religion. 225 00:27:25,870 --> 00:27:34,360 And the libertarian position represented alone, I think, by Mirabeau, who says, What do you mean by tolerance? 226 00:27:34,360 --> 00:27:42,170 I want the most possible, most unlimited possible practise of religion. 227 00:27:42,170 --> 00:27:49,840 So if we move on, then from that coding. To the draught, 228 00:27:49,840 --> 00:28:03,340 I think you can see how how religious in many respects this document is the first art first 11 articles already generally very conservative. 229 00:28:03,340 --> 00:28:13,120 Article five emphasises the significance of inequality as a natural phenomenon. 230 00:28:13,120 --> 00:28:19,900 Article eight emphasises the double relationship between rights and duties. 231 00:28:19,900 --> 00:28:24,520 Duties must always be constrained by sorry. 232 00:28:24,520 --> 00:28:30,370 Rights must always be constrained by duties in order to allow for public order. 233 00:28:30,370 --> 00:28:38,830 Article 12 through 15 is really a more liberal part of the document emphasising the rule of law. 234 00:28:38,830 --> 00:28:53,560 Article 16 through 18 Again, very conservative about the role of religion, religion, religion and morality have to supplement the law. 235 00:28:53,560 --> 00:29:05,560 Uh, the maintenance of religion demands a public practise of public colt, and there must then be a an established cult with established religion. 236 00:29:05,560 --> 00:29:13,780 Uh, which citizens who don't disturb it will not be will not be harassed. 237 00:29:13,780 --> 00:29:21,910 Then finally, Article seven articles 19 through articles 24 are fairly liberal. 238 00:29:21,910 --> 00:29:22,810 And in fact, 239 00:29:22,810 --> 00:29:32,530 these are taken almost word for word from the six bureau draught and put into the final declaration of the rights of man and of a citizen. 240 00:29:32,530 --> 00:29:45,130 So if we look at that set of articles and we put them alongside the Declaration of Rights that is finally arrived at. 241 00:29:45,130 --> 00:29:49,930 You can see something pretty remarkable happening here. 242 00:29:49,930 --> 00:30:00,190 The articles, one through 10, are simply replaced by a very different set of formulations. 243 00:30:00,190 --> 00:30:05,590 Articles 12 to 15 are wurtsmith. 244 00:30:05,590 --> 00:30:11,230 To some extent, the nuance is changed, but not a remarkable change. 245 00:30:11,230 --> 00:30:27,540 Article 16 to 18 disappear in favour of one very brief article that we'll talk about later on the practise on the rights of the practise of religion. 246 00:30:27,540 --> 00:30:35,010 I'd like to be able to discuss each of those changes in succession, but that's going to take far too long. 247 00:30:35,010 --> 00:30:37,920 So let me just pick a few high points. 248 00:30:37,920 --> 00:30:47,700 This is the preamble, which is the only part of Miracles Committee's draught, which is taken over in the Declaration of the Rights of Man. 249 00:30:47,700 --> 00:31:00,660 Um, and I think it's interesting that, uh, that draught from Mirabeau committee really is certainly more utopian than the initial six euro draught, 250 00:31:00,660 --> 00:31:08,250 which is much more particular about what is what the goal is of the um of the declaration, 251 00:31:08,250 --> 00:31:20,550 much more specific in its mention of contract and and much more specific in its emphasis on specific rate of liberty. 252 00:31:20,550 --> 00:31:28,710 The. Pfizer Craddock Draught, essentially coming from the Mirabeau is more utopian, 253 00:31:28,710 --> 00:31:38,820 certainly more universal and really quite amazing, I think in its emphasis on immediacy transparency, 254 00:31:38,820 --> 00:31:50,630 that the ignorance of forgetfulness and disdain for the rights of man are the only causes of public misfortunes and the corruption of governments. 255 00:31:50,630 --> 00:32:02,790 It's really an incredible formulation, and it really does go back to this idea of the the physical evidence of the natural right order, 256 00:32:02,790 --> 00:32:11,700 such that everyone who is educated enough will immediately see the implications of natural right on the way in which it can 257 00:32:11,700 --> 00:32:23,400 be applied in the world by comparing specific acts of legislation and executive power with the with the right of humanity. 258 00:32:23,400 --> 00:32:32,760 So there is a sense in which I think already the the draught that the Assembly will end up with has generalised and universalise 259 00:32:32,760 --> 00:32:45,150 this very particular task that the assembly has to that that the six bureau identified as crucial and we can go on. 260 00:32:45,150 --> 00:32:48,660 I I'd like to discuss these, but I'm not going to. 261 00:32:48,660 --> 00:33:00,150 This is the first three articles which are given a nuanced reformulation largely result resulting from media. 262 00:33:00,150 --> 00:33:05,640 But I do want to talk about Articles four to 10. That huge block of read. 263 00:33:05,640 --> 00:33:16,050 I have read articles that are excised from the, uh, from the declaration, uh, when it is finally approved it. 264 00:33:16,050 --> 00:33:21,780 As I said, that formulation here, the six sixth draught is deeply conservative. 265 00:33:21,780 --> 00:33:34,290 It makes inequality natural. It drives it, talks about the equality of rights, but the reality of the inequality of men's fashion faculties and means, 266 00:33:34,290 --> 00:33:39,480 and it emphasises a double relationship between rights and duties. 267 00:33:39,480 --> 00:33:45,600 This this document, it's important to note, was actually written at the end of July. 268 00:33:45,600 --> 00:33:55,320 So before the August 4th decision to take duties out of the out of the draught and then Article Ten, 269 00:33:55,320 --> 00:34:03,210 the object of the law is to guarantee all rights and to assure and shore observation of all duties. 270 00:34:03,210 --> 00:34:11,970 So if we look then at the declaration as the assembly arrived at it, uh, you see duties. 271 00:34:11,970 --> 00:34:18,450 The connexion between rights and duties is severed. Duties disappear from the draught. 272 00:34:18,450 --> 00:34:23,870 Um, duties are replaced. By the law. 273 00:34:23,870 --> 00:34:30,410 By the law as a constraint upon duties, and we'll say more about that later. 274 00:34:30,410 --> 00:34:39,770 And that is really the the the service aspect of the security of Draught, 275 00:34:39,770 --> 00:34:45,980 which must have been a considerable attraction since 650 people voted for it. 276 00:34:45,980 --> 00:34:56,510 And that is simply taken out of four of the of the draught proposed in the course of the debates in the 20th to the 26th of August. 277 00:34:56,510 --> 00:35:07,460 So we'll go on then we could talk if we had time about Articles 11 to 13 and Articles 14 to 15, 278 00:35:07,460 --> 00:35:16,700 which are largely rewritten in in accordance with the decision to take out all the references to duties. 279 00:35:16,700 --> 00:35:21,350 And we can talk about those later. Should anyone wish to do so? 280 00:35:21,350 --> 00:35:32,480 And we come to articles 16 through 18, the articles about the practise of religion and the relationship between rights, rights and religion. 281 00:35:32,480 --> 00:35:46,400 And I want to talk for the rest of the time I have about that, that that article. 282 00:35:46,400 --> 00:35:52,100 So as you can see, Article 16, 17 or 18 are profoundly conservative. 283 00:35:52,100 --> 00:36:04,310 Religion penetrates deeper than the law. Religion requires a public form of worship, an established cult for the good order of society. 284 00:36:04,310 --> 00:36:17,210 Toleration for opinions are allowed because any citizen who doesn't disturb the established practise religion, 285 00:36:17,210 --> 00:36:22,730 the established court won't be harassed. But exactly what conscience? 286 00:36:22,730 --> 00:36:30,680 What constitutes disturbing the established cult is still very much up for grabs. 287 00:36:30,680 --> 00:36:39,110 The rewrite that the National Assembly comes up with is very succinct, and it argues, 288 00:36:39,110 --> 00:36:46,970 as you can see for the entire freedom of religious opinions, no one can be harassed in their opinions. 289 00:36:46,970 --> 00:36:56,690 Even their religious opinions provided through their manifestation doesn't disturb the public order established by the law. 290 00:36:56,690 --> 00:37:02,960 And what's interesting about this, of course, is that freedom of religion is, uh, 291 00:37:02,960 --> 00:37:13,460 the manifestation of freedom of religion cannot trouble the published order subject to the law. 292 00:37:13,460 --> 00:37:18,980 The law really replaces religion here as the constraint on action. 293 00:37:18,980 --> 00:37:24,980 And so the question really is how do we get from these deeply conservative articles, 294 00:37:24,980 --> 00:37:36,380 from the bureau to the liberal article 10 that shows up in the Declaration of Rights and of the manner of citizen and the rights of men and citizens? 295 00:37:36,380 --> 00:37:47,430 So this is how we went about trying to track that process in particular. 296 00:37:47,430 --> 00:37:56,880 This is what we call what we call an annulus, and each ring is an intervention in the debate, 297 00:37:56,880 --> 00:38:05,460 and this takes you think of these as an analogy to tree rings so that with the tree rings, 298 00:38:05,460 --> 00:38:20,460 the outermost rings are the first to be presented and the is the the centre of the central spot is the final decision made. 299 00:38:20,460 --> 00:38:35,490 So you can see the way the waves of the debate as they go from very religious to somewhat liberal back to a very religious, 300 00:38:35,490 --> 00:38:38,190 somewhat liberal, back to very religious. 301 00:38:38,190 --> 00:38:49,020 And you can see that this is really a very dynamic debate and causing allowing the expression of many very different opinions. 302 00:38:49,020 --> 00:38:58,080 So we apply this analysis to every article of the Declaration of the Rights of Man and the Citizen. 303 00:38:58,080 --> 00:39:02,250 And you can see, um, how how fascinating this is. 304 00:39:02,250 --> 00:39:10,860 Some of the discussion Article 12, for example, there is really very little debate. 305 00:39:10,860 --> 00:39:18,540 Uh, there is some linguistic fine-tuning. There isn't very, very great a difference of opinion. 306 00:39:18,540 --> 00:39:24,540 Article six tends to cohere pretty quickly. 307 00:39:24,540 --> 00:39:35,850 Article was that Article 50 and again is largely liberal, but there are some very heated discussions articles four and five. 308 00:39:35,850 --> 00:39:43,320 Article 11 and Article 10, which which is what I'd like to talk about right now. 309 00:39:43,320 --> 00:39:54,000 So that's just very briefly. Try to unpack, uh, some of these, some of these rings. 310 00:39:54,000 --> 00:40:02,640 We'll start this is the proposal laid before the assembly on 22nd of August, 311 00:40:02,640 --> 00:40:12,510 whether to accept this set of articles and it's immediately championed by Brunel, the Bishop of Palermo, religion is the basis of empires. 312 00:40:12,510 --> 00:40:18,270 It's the eternal reason the watch is on the order of things you could not find. 313 00:40:18,270 --> 00:40:23,220 You cannot found a republic without a religious cult, 314 00:40:23,220 --> 00:40:30,300 and therefore this has to be an essential article of the Declaration of the Rights of Man and of the citizen. 315 00:40:30,300 --> 00:40:38,850 So we go on then to the next one, which is completely the opposite. 316 00:40:38,850 --> 00:40:44,570 No one must be must be disturbed. 317 00:40:44,570 --> 00:40:52,260 For now, no one must be harassed, I've translated and it's arrest, no one must be harassed for his opinion, 318 00:40:52,260 --> 00:40:56,310 for his religious opinions or disturbed in the exercise of his religion. 319 00:40:56,310 --> 00:41:09,270 So what we have here on the slide down below is the proposal, which is Article 16, 17 and 18, and then the proposals above of each speaker. 320 00:41:09,270 --> 00:41:28,560 So Castellon, in effect, is proposing to replace all three of those articles by his single article that he presents here and we go on in this way. 321 00:41:28,560 --> 00:41:37,860 For quite, quite a while, so we'll go we'll run a few more slides and you'll see that the the ring gets the ring, 322 00:41:37,860 --> 00:41:45,210 the analyst gets larger as the positions change and the end of the first day. 323 00:41:45,210 --> 00:41:54,270 This is a Saturday, the end of the first day. There is an impassioned debate over a motion to postpone this discussion. 324 00:41:54,270 --> 00:42:03,660 Mirabeau opposes that motion, saying that all this means just the people favouring toleration will leave. 325 00:42:03,660 --> 00:42:15,630 The persecutors will remain, and then there will be a St Bartholomew's Night Massacre over Mirabeau as objections. 326 00:42:15,630 --> 00:42:20,100 The discussion is postponed until the following day, 327 00:42:20,100 --> 00:42:35,700 and we get to a petition and petition calls for discussion of Article 16 and 17 to be postponed until the Constitution is written. 328 00:42:35,700 --> 00:42:40,290 So putting on this argument is we are talking about duties here, 329 00:42:40,290 --> 00:42:48,330 but these to these articles are really discussing sorry, these two articles are discussing duties, not rights. 330 00:42:48,330 --> 00:42:52,560 We're not biting the Declaration of Rights for France, but for men in general. 331 00:42:52,560 --> 00:43:06,570 And therefore, we should put off this particular question of the establishment of a public religion that is supported by Bush, 332 00:43:06,570 --> 00:43:13,830 who argues that Article 16 17 should be postponed. 333 00:43:13,830 --> 00:43:26,940 And this goes on. Emer, who is one of the traditionalists, really tries in effect to consolidate Article 16 through 18 into a single article, 334 00:43:26,940 --> 00:43:41,180 really in contrast to Castellanos earlier article, and essentially emphasises the importance of religion for any kind of social order. 335 00:43:41,180 --> 00:43:51,810 I think Mirabeau and um. It suggests that that motion is out of order, but the president. 336 00:43:51,810 --> 00:44:04,890 Rules against Mirabal and allows a discussion of that proposal, the AMA, which is supported and then not supported until finally Bishop Taylor Wrong, 337 00:44:04,890 --> 00:44:17,040 comes in and says every article of this declaration should begin with the words Every every man, any man living in society has the right to X. 338 00:44:17,040 --> 00:44:27,690 Therefore, Tolerant really argues for postponing the discussion of a public court until the Constitution is written. 339 00:44:27,690 --> 00:44:33,600 So he's arguing in effect for the removal of Article 16 and 17, 340 00:44:33,600 --> 00:44:49,650 which is decided upon by a vote which leaves Article 18 from the six April draught still on the table, and Castellani immediately renews his motion. 341 00:44:49,650 --> 00:44:57,870 No one can be arrested for his religious opinions or disturbed in the exercise of his cult. 342 00:44:57,870 --> 00:45:07,260 And that again throws the assembly into total total confusion. 343 00:45:07,260 --> 00:45:12,240 And one of the journals describes the scene as follows. 344 00:45:12,240 --> 00:45:21,420 It's impossible to follow exactly the workings of the session dominated by extreme disorder, where partisanship took over, where the cry of nature, 345 00:45:21,420 --> 00:45:25,650 the voice of reason and the rights of man were treated with contempt where 346 00:45:25,650 --> 00:45:30,420 the president president able no longer to resist the cries of his conscience, 347 00:45:30,420 --> 00:45:40,820 beg twice to resign. The motion was amended. Seven men divided, twisted, tangled in a hundred different ways. 348 00:45:40,820 --> 00:45:49,010 So a decisive intervention in this debate. 349 00:45:49,010 --> 00:45:58,460 It's a is an intervention by the Vietcong to do Malvo, the younger brother of the condemned the mirabeau, 350 00:45:58,460 --> 00:46:05,060 and he announces that he will only support the first half of Castellanos proposal, 351 00:46:05,060 --> 00:46:09,830 the part allowing for the freedom of religious opinion, but not the second half, 352 00:46:09,830 --> 00:46:16,460 the part guaranteeing that no one would be disturbed in the exercise of his cult. 353 00:46:16,460 --> 00:46:24,020 And so the question is why? Why exactly does the vehicle to Mirabeau, the younger Mirabeau, 354 00:46:24,020 --> 00:46:33,710 the the religious mirabeau make this proposal to strip out the reference to disturb it in the exercise of his call? 355 00:46:33,710 --> 00:46:44,150 It looks as if he Mirabeau does this because he fears that the latter clause would open the way for any religious practises. 356 00:46:44,150 --> 00:46:54,200 To say that no one can be disturbed in the practise of his cult is to say that any that any cult can be allowed. 357 00:46:54,200 --> 00:46:59,210 This is what Mirabeau the vehicle to Mirabeau says in permitting courts. 358 00:46:59,210 --> 00:47:08,310 Would you want to make religion? A matter of circumstance, a matter of happenstance, if you like each will choose a religion. 359 00:47:08,310 --> 00:47:20,010 According to his passions, the Turkish religion will be for a young man, the Jewish religion for users, the pramanik religion, perhaps for women. 360 00:47:20,010 --> 00:47:27,270 This is the fantasy that the younger Mirabeau sums up at this provocation. 361 00:47:27,270 --> 00:47:32,280 The elder Mirabeau entered the fracas with a lengthy harangue. 362 00:47:32,280 --> 00:47:41,380 Defending lands formulation is so self-evident that anything to the contrary would be totally absurd. 363 00:47:41,380 --> 00:47:47,890 In turn, the Protestant leader Riverside ITN, sensing that toleration was now in radical danger, 364 00:47:47,890 --> 00:47:53,590 followed with an extended plea for the rights of non-Catholics to full and equal citizenship 365 00:47:53,590 --> 00:47:59,290 until the free and entire practise of their religion freedom of religious opinion. 366 00:47:59,290 --> 00:48:00,700 He argued, in effect, 367 00:48:00,700 --> 00:48:10,450 could not in fact be sealed off from the practise of a cold manifestation of religious opinions had to take the form of religious practise, 368 00:48:10,450 --> 00:48:20,680 which is to say, an open form of worship. How ironic, how ironic, then, that while the elder Mirabeau feared the establishment of a single cult, 369 00:48:20,680 --> 00:48:25,810 his religious younger brother trembled at the prospect of emergence of too many. 370 00:48:25,810 --> 00:48:36,340 How ironic, moreover, that the that the younger mirabilis proposal to exercise to exercise reference to any court from 371 00:48:36,340 --> 00:48:43,480 Custom Lands Motion now received support from the mass of the Assembly's most conservative deputies. 372 00:48:43,480 --> 00:48:53,920 Those who had argued most forcefully for a dominant cult now suddenly reversed their position and argued against any mention of a court at all. 373 00:48:53,920 --> 00:49:03,190 Apparently, they thought it better to speak of no court than to imply acceptance of the possibility of many as a last resort. 374 00:49:03,190 --> 00:49:10,100 They were prepared to leave the question of an established court to future constitutional decision. 375 00:49:10,100 --> 00:49:20,490 The decision, of course, with. Unanticipated results when the assembly came around to deciding about the practise of natural. 376 00:49:20,490 --> 00:49:27,920 Of the national religion. So. 377 00:49:27,920 --> 00:49:35,210 Castellanos argues back pounds back against the traditionalists, 378 00:49:35,210 --> 00:49:39,320 reiterating that natural right allowed all men to serve God according to their 379 00:49:39,320 --> 00:49:45,020 conscience without harassment from their opinions or disturbances of their practises. 380 00:49:45,020 --> 00:49:54,680 But to no avail as the opponent, as the opponents of a multiplicity of courts shouted for the truncation of his most of his motion. 381 00:49:54,680 --> 00:50:08,030 The Archbishop of Paris when I called for a vote. And at this point, Castellon caves and allows that he will take out the latter part of his motion, 382 00:50:08,030 --> 00:50:15,710 leaving the phrase No one shall be harassed for his religious opinions. 383 00:50:15,710 --> 00:50:23,810 Then, interestingly enough, a supplement was adopted to the effect that no one must be harassed for his opinions, 384 00:50:23,810 --> 00:50:30,500 even religious was therefore emphasising again the freedom of religious opinion. 385 00:50:30,500 --> 00:50:48,450 But then? Bishop Gabel. Offers another supplement which is provided their manifestation, not troubled public order established by the law. 386 00:50:48,450 --> 00:50:54,660 With this Sub Amendment accepted, the assembly prepared to vote. 387 00:50:54,660 --> 00:51:02,500 At the last minute, though, what's tution? At the last minute, though. 388 00:51:02,500 --> 00:51:13,910 Sorry, I'm I'm I'm going ahead to France. What what Gabel proposes is that no one be disturbed for his opinions, 389 00:51:13,910 --> 00:51:20,260 even religious ones provide if the manifestation doesn't trouble the public order. 390 00:51:20,260 --> 00:51:24,860 That is what the assembly is ready to accept. 391 00:51:24,860 --> 00:51:36,680 But then there is this last minute sub clause established by the law, which is thrown in by and in an anonymous member. 392 00:51:36,680 --> 00:51:43,910 So this unnamed deputy then through this established by the law in as a sub 393 00:51:43,910 --> 00:51:49,550 amendment and we wonder why he did that had he recognised that this addition 394 00:51:49,550 --> 00:52:01,580 could open the way to had he recognised that Goebbels formulation provided the manifestation of religious opinions not be disturbed by the law? 395 00:52:01,580 --> 00:52:11,840 How do you recognise that this, in fact, allow opened the way for arbitrary repression by governmental authorities or even by private individuals? 396 00:52:11,840 --> 00:52:21,890 Because anyone could claim that they were acting capriciously in the name of the law to counter any particular religious practise? 397 00:52:21,890 --> 00:52:26,540 Or had this anonymous deputy realised the force of rebels argument that 398 00:52:26,540 --> 00:52:33,750 manifestation of religious opinion necessarily extended to the practise of a court. 399 00:52:33,750 --> 00:52:41,580 The last minute addition there, as established by the law, suggests a degree of panic amongst the deputies. 400 00:52:41,580 --> 00:52:46,290 No man must be harassed, harassed for his opinions, even religious ones, 401 00:52:46,290 --> 00:52:52,680 provided that their manifestation does not disturb the public order established by the law. 402 00:52:52,680 --> 00:52:56,880 Freedom of religion of religious opinion was to be was to be allowed. 403 00:52:56,880 --> 00:53:01,180 Yet religious practise could not disturb public order. 404 00:53:01,180 --> 00:53:05,560 But how was a breach of public order to be identified and by whom? 405 00:53:05,560 --> 00:53:13,630 In the face of this uncertainty, the assembly hastily accepted the further provision that the public order not be breached, 406 00:53:13,630 --> 00:53:18,870 that it had to be established by the law. 407 00:53:18,870 --> 00:53:28,710 With this addition meant to to ease the anxieties of liberals or libertarians who feared that a breach of public order could be arbitrarily declared 408 00:53:28,710 --> 00:53:39,660 at any moment by persons hostile to freedom of religious opinion in principle or to any particular expression of religious opinion in practise. 409 00:53:39,660 --> 00:53:49,260 Or was it the opposite, a panicky conservative falling back on the power of the law to constrain actions that had otherwise become untethered? 410 00:53:49,260 --> 00:54:00,270 In the absence of any established court or any stipulation of duties, in either case, the division between extremes was to be filled by the law. 411 00:54:00,270 --> 00:54:07,620 Upon that, almost everyone could agree. The key point, however, 412 00:54:07,620 --> 00:54:13,140 is that religious and metaphysical language of the six bureau draught have been entirely pared 413 00:54:13,140 --> 00:54:20,520 away by the time the National Assembly had arrived at its formulation of new Article 10. 414 00:54:20,520 --> 00:54:30,180 The profound divisions amongst the deputies left them with a lean, common denominator approximating universality. 415 00:54:30,180 --> 00:54:35,520 Failing to agree for France, they ended up declaring for humankind, 416 00:54:35,520 --> 00:54:43,300 they articulated rights but reduced one another to silence regarding the metaphysical foundations of these rights. 417 00:54:43,300 --> 00:54:49,590 Or what? Or the practise that would come to express them. 418 00:54:49,590 --> 00:54:54,360 Duties were effaced. But what then was left to control the passions? 419 00:54:54,360 --> 00:55:04,770 The answer, of course, was the law. Religion no longer to be declared the essential basis of empires was replaced by the law. 420 00:55:04,770 --> 00:55:08,910 The law, of course, was to be the expression of the general will, 421 00:55:08,910 --> 00:55:14,490 and its abrupt ascendancy within the Declaration of Rights throws us back upon Samuel Moyane's 422 00:55:14,490 --> 00:55:22,490 assertion that 1789 offered the rights of man essentially as grounding the rights of citizens. 423 00:55:22,490 --> 00:55:32,170 It declared the rights of states the right to a state, the rights of citizens within states rather than the rights of humanity against them. 424 00:55:32,170 --> 00:55:41,290 But much depends here on which conception of the general will we imagine invoked by the French deputies in the declaration of 1789? 425 00:55:41,290 --> 00:55:50,980 Was it Russo's general will of a body of citizens or detras sense of natural right felt by all men or by all humankind? 426 00:55:50,980 --> 00:55:56,440 The choice may have leaned towards Rousseau in August 1789, 427 00:55:56,440 --> 00:56:05,200 but was the issue entirely resolved between Rousseau in general will indeed arose conception of natural right? 428 00:56:05,200 --> 00:56:12,700 There was some unfinished business here that would divide possibly the 0nd and the Jacobins. 429 00:56:12,700 --> 00:56:19,605 Three years later. Thank you.