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The Magna Carta

(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church’s elections—a right reckoned to be of the greatest necessity and importance to it—and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.

English translation of the Magna Carta

Declaration of the Rights of Man
by The Marquis de Lafayette

The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen:

Declaration of the Rights of Man - 1789

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The Magna Carta and the Declaration of the Rights of Man both serve as foundational texts in the development of concepts related to individual rights, governance, and the rule of law, albeit from different historical and cultural contexts.

Magna Carta (1215)

The Magna Carta, signed in 1215, was a crucial document in English history that sought to limit the powers of the monarchy and guarantee certain rights to the barons and, by extension, to the common people. Here are some key points:

  1. Principle of Rule of Law: The Magna Carta established the idea that even the king was subject to the law, highlighting the concept of due process and the protection of certain rights.

  2. Church’s Autonomy: The document explicitly confirmed the freedom of the English Church, ensuring that ecclesiastical elections and appointments were to be free from royal interference, which underscored the importance of religious liberties.

  3. Foundation for Future Rights: While initially a response to the grievances of the barons, it laid principles that would later influence democratic governance and individual rights, inspiring future legal charters and limitations on government power.

Declaration of the Rights of Man (1789)

The Declaration of the Rights of Man and of the Citizen, adopted by the National Assembly during the French Revolution, emphasizes the inherent rights of individuals and the principles of liberty, equality, and fraternity. Key elements include:

  1. Universal Rights: Unlike the more aristocratic focus of the Magna Carta, this declaration aimed to enshrine rights applicable to all citizens, reflecting Enlightenment ideals of universalism.

  2. Political and Civil Rights: It proclaims rights such as freedom of speech, freedom of religion, and the right to participate in government, establishing a framework for modern democratic principles.

  3. Government Accountability: The declaration asserts that the purpose of government is to protect the rights of individuals, and it provides a basis for citizens to demand accountability from their governing bodies.

Comparison and Legacy

  • Historical Context: The Magna Carta arose from the conflict between King John and his barons, while the Declaration was a product of revolutionary ideals aimed at upending traditional power structures in France.

  • Focus: The Magna Carta primarily concerned the rights of the nobility in relation to the crown, whereas the Declaration sought to formalize the rights of all citizens.

  • Influence: Both texts influenced subsequent legal documents, including the U.S. Constitution and the Universal Declaration of Human Rights, laying the groundwork for modern concepts of democracy, individual rights, and the role of government.

These documents continue to shape discussions about rights and governance, emphasizing the importance of limiting power and protecting individual freedoms.