Sources

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Positive & negative rights

(3:50)

Declaration of human and civic rights, 26 August 1789

The US declaration of Independence, 4 July 1776

The Constitution of Finland, 1 March 2000

In groups: Study the 2nd Chapter of the Finnish Constitution.
1) Choose (at least) two articles in which the rights mentioned have been particularly well realized. Give arguments.
2) Select (at least) two articles where the rights mentioned have been poorly implemented/ would particularly need improvement. Give arguments.

The Universal Declaration of Human Rights, 10 December 1948

A) Study the articles of the the UN Human Rights thorough.
1) Choose three the most significant rights and give arguments for your choice.
2) Choose two of the rights what could be abandoned. Why?
B) After individual work discuss with other members of your team on your choices and arguments on them. Compare and contrast.

Historical backround: The Enlightenment

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- Backround:
* a spirit of the Renaissance and the Scientific Revolution
* an increasing dissatisfaction with the existing social and political system (Absolutism, inequality between social groups/ orders, a lack of political rights of the 'bourgeoisie', censorship, a powerful role of the church on society)
* a new secular public sphere (printed publications, salons, scientific academies)
* in England the press was free (which gave a possibility to bypass the censorship of France by printing critical texts in Britain and deliver them to the French public as fliers)

- John Locke (1632 - 1704)
* the right to govern derives from the consent of the governed and is a form of contract -> a 'Social Contract'
* if government attempts to rule absolutely and arbitrarily it reneges on its contract and forfeits te loyalty of its subjects -> it can be legitimately overthrow
* a constitutional government (monarchy) is the best defense of property and individual rights

- Montesquieu (1689 - 1755)
* supporter of constitutional monarchy
* the division of government into three branches (on his book "The Spirit of Laws", orig. in French: "De l'esprit des loix", 1748):
1) legislative power
2) executive power
3) judicial power (independent courts)

- Voltaire (1694 - 1778)
* his writings constituted a radical attack on French society and the church (especially the clergy)
* a practical reformer who campaigned for free press, religious toleration, humane treatment of criminals etc.
* supporter of enlightened (or benevolent) absolutism

- Jean-Jacques Rousseau (1712 - 1778)
* his political ideal was an Athenian like direct democracy (vs representative democracy)
* the 'Social Contract': a state should be based on the 'General Will' (that which is best for the community; which expresses its common interests) -> the citizens themselves must constitute the law-making body (vs absolutistic and aristocratian power)
* human is good by nature but (evil) society corrupts him ( > "Back to nature!")

- the 'Encyclopedie'
* a general encyclopedia published in France between 1751 - 1772
* about 30 volumes, more than 70 000 articles and almost 150 authors ('encyclopedistes')
* its aim was to "change the common way of thinking" through the expansion of knowledge and the development of critical modes of thought

- Immanuel Kant (1724 - 1804)
* on his essay "What is Enlightenment?" (orig. in German: "Was ist Aufklärung?", 1784) he summarised a motto of the Enlightenment:
"DARE TO KNOW! (Sapere aude.) Have a courage to use your own understanding."

TASK: Compare and contrast political ideas of a) Locke, b) Montesquieu, c) Voltaire and d) Rousseau.

A Salon scene: Reading of Voltaire’s L’Orphelin de la Chine (a tragedy about Ghengis Khan and his sons, published in 1755), in the salon of Madame Geoffrin (Malmaison, 1812).

Human and civic rights