Student Paper SP001-01
Spring 2000, Section I
Reviewer Comments

Locke's Influence on the French Constitutions

When the French government asked its citizens to send in requests for the government, many citizens wanted to change the system of representation and taxes. However, not one of the cahiers expressed the want to end the monarch. The French Revolution broke out soon after this, leading to a complete restructuring of the French political system. The writers of the French constitutional documents were influenced by the writings and ideas of John Locke. Locke's writings and ideas were introduced to the world a century before the French Revolution came about. By the time the French constitutional documents were written, his ideas had spread all over Europe.

Locke's works, Essay Concerning Human Understanding and Two Treatises On Civil Government, helped to establish him as one of the leading philosophers of freedom (1). Kagan refers to him as "the most influential political thinker of the seventeenth century... (his writings) gave inspiration to .. the French revolution (2)." John Locke's ideas were evident throughout the French constitutional documents, especially the Declaration of the Rights of Man.

It is important to first note Locke's view of man's freedom. Concerning man's freedom, he felt very passionately. In his Two Treatises of Government, Locke said that the natural state of all men was "a state of perfect freedom to order their actions... without asking leave, or depending upon the will of any other man (3)." He believed man was born free and should maintain this right through out his life. One of the main requests of European revolutionists was equality. For many centuries, political rights were associated with class identity. Locke was a strong believer in equality. He said man was in a state of "equality, wherein all the power an jurisdiction is reciprocal, and no one having more than another (3)." France modified this in the Declaration of the Rights of Man (1789) in their first article. It stated: "Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good (4)." The French also expressed this idea of equality in The Decree Abolishing the Feudal System. The decree was issued as encouragement to the people of the lower classes. Article I abolished the feudal system all together due a report on the social depression of the lower classes in the provinces. The abolition of the feudal system meant a step towards the equality of the classes in French society. Article XI stated: "All citizens, without distinction of birth, are eligible to any office or dignity, whether ecclesiastical, civil, or military; and no profession shall imply any derogation (5)." Equality of the classes as expressed by Locke was shown in the French constitutional documents; however, it was referring to men only and excluded women.

In John Locke's A Letter Concerning Toleration, he expressed his idea that a nation was composed only for "procuring, preserving, and advancing" man's civil interests. He believed these civil interests to be life, liberty, health, and indolency of body(6). (Indolency of the body referred to material possessions.) The second article of the French Declaration of the Rights of Man was made to preserve the rights of man. According to the Declaration these were liberty, property, security, and resistance to oppression (4). Liberty was an obvious parallel in the two documents. Indolency of the body as said in Locke's letter held the same meaning as property. Health, likewise, could hold the same meaning as security. The French showed that their rights of man coincided with John Locke's civil liberties.

Security has always been a concern people held. Protection by a nation was an idea that developed and took hold. John Locke was an advocate of an individual's security. He expressed these thoughts in Two Treatises of Government, Section 7. Man was held from invading another's rights and was held from hurting a fellow man. He believed in the "peace and preservation of all mankind (3)." The French, being influenced by Section 7, expressed these same thoughts in Article 4 of their Declaration of the Rights of Man. They said that man has "the freedom to do everything which injures no one else (4)." Protection was a theme of John Locke's that the French acknowledged and added to their own rights.

Punishment of an offender of the law was clearly spelled out in Locke's Two Treatises of Government, Section 8. He believed that those who transgressed the law must be held accountable for their actions and should be punished. The offender was also to be made an example of In his own words, Locke says the offender must be made to repent the doing of it, and thereby deter him, and by his example others, from doing the like mischief.. EVERY MAN HATH A RIGHT TO PUNISH THE OFFENDER, AND BE EXECUTIONER OF THE LAW OF NATURE (3)." The French Declaration of the Rights of Man expressed these same thoughts in Articles 5 and 8. In Article 5, the writers set up those things that are against the law. They said that it is unlawful to do anything "hurtful to society." They said that anything not prevented by law is legal and unless stated in the law, no one can be forced to do anything. Article 8 stated that the "law shall provide for such punishments only as are strictly and obviously necessary." They also set up punishment to be legally proven (4). While the French, like Locke, recognized the right to punishment for offenses, they protected the offender at the same time.

People's right to have an opinion of their taxes had been a claim many people had wanted for centuries. Locke believed the people of the state should have the legal right to determine their taxes. This was provided for in his Second Treatise on Government. Locke said the government "must not raise taxes on the property of the people, without the consent of the people (7)." The French recognized the need for the tax for the maintenance of the public forces and for the cost of administration. " They, branching from Locke's ideas, did believe that man had a voice in this. Article 14 of the Declaration of the Rights of Man said that "citizens have a right to decide... as to the necessity of the public contribution (4).

Freedom of religion had been an issue many governments struggled with. It had been the cause of many countries' disputes and wars. Locke addressed these issues in his A Letter Concerning Toleration. Locke said, "no private person has any right in any matter to prejudice another person in his civil enjoyments because he is of another church or religion (6)." France recognized countries struggles over religious issues so they included Article 10 in the Declaration of the Rights of Man. Article 10 stated that no one would be discriminated against "on account of his opinions, including his religious views (4)." They, like Locke, saw the need to avoid conflict due to religious differences.

The French constitutional documents included many of the same points as John Locke's writings of the late seventeenth century. Since Locke's works were published and spread throughout Europe, and due to the parallels of Locke's writings and the French constitutional documents, we are able to see that Locke influenced the French greatly. His ideas, along with the French documents, would be used in many nations' constitutions to come. Locke was a leader in his thinking and France was a leader in their changing government. Although France would forgo many more changes before their current government and constitution were complete, the thoughts and ideas of Locke were always present.

Works Cited

(1 )http://www.encyclopedia.com/articles/07S68.html. The Concise Columbia Electronic Encyclopedia; Third Edition. Columbia University Press. 1994.

(2) Kagan, Donald, Steven Ozment, Frank M. Turner. The Western Heritage. Volume II: Since 1648, (New Jersey: Prentice Hall, 1998).

(3) http://www.fordham.edu/halsall/mod/1690locke-sel.html John Locke. CHAPTER II: Of the State of Nature: Two Treatises of Government

(4) http://www.yale.edu/lawweb/avalon/rightsof.htm. Declaration of the Rights of Man 1789.

(5) http://www.yale.edu/lawweb/avalon/rightsof.htm. John Locke. The Decree Abolishing the Feudal System, August 11, 1789.

(6) http://campus.northpark.edu/history/Classes/Sourceslocke-Toleration.html. John Locke. A Letter Concerning Toleration. 1689.

(7) http://campus.northpark.edu/history/Classes/Sourceslocke-2ndTreatise.html. John Locke. Second Treatise on Government.