THE DECLARATION OF THERIGHTS OF MAN AND OFCITIZENS

A Contribution to Modern ConstitutionalHistory

BY

GEORG JELLINEK, Dr. Phil. Et Jur.

Professor of Law in the University of Heidelberg

AUTHORIZED TRANSLATION FROM THE GERMAN

BY

MAX FARRAND, Ph.D.

Professor of History in Wesleyan University

REVISED BY THE AUTHOR

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NEW YORK
HENRY HOLT AND COMPANY
1901

Copyright, 1901.
BY
HENRY HOLT & CO.

ROBERT DRUMMOND, PRINTER, NEW YORK.


TRANSLATOR'S PREFACE.

Although several years have elapsed since this essay was published,[Pg iii] ithas apparently come to the attention of only a few specialists, andthose almost exclusively in modern European history. It deservesconsideration by all students of history, and it is of specialimportance to those who are interested in the early constitutionalhistory of the United States, for it traces the origin of the enactmentof bills of rights. In the hope that it will be brought before a largernumber of students who realize the significance of this question and whoappreciate genuine scholarly work, this essay is now translated.

M.F.

Wesleyan University,
Middletown, Ct., March 1, 1901.


TABLE OF CONTENTS.

CHAPTER[Pg vii]PAGE
I.The French Declaration of Rights of August 26, 1789, and its Significance1
II.Rousseau's "Contrat Social" was not the Source of this Declaration8
III.The Bills of Rights of the Individual States of the North American Union were its Models13
IV.Virginia's Bill of Rights and those of the other North American States22
V.Comparison of the French and American Declarations27
VI.The Contrast between the American and English Declarations of Rights43
VII.Religious Liberty in the Anglo-American Colon
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