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Subject Area: Sociology

CHAP. XVII.: UNIVERSAL BASIS OF ALL RIGHT AND ALL LAW. - Constantin-François Chasseboeuf, marquis de Volney, The Ruins: or a Survery of the Revolutions of Empires [1789]

Edition used:

The Ruins: or a Survery of the Revolutions of Empires, 3rd ed. (London: J. Johnson, 1796).

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CHAP. XVII.

UNIVERSAL BASIS OF ALL RIGHT AND ALL LAW.

These men, chosen by the people to investigate the true principles of morality and reason, then proceeded to the object of their mission: and after a long examination, having discovered a universal and fundamental principle, they said to their constituents: “We have employed our faculties in the investigation you demand of us, and we conceive the following to be the primordial basis and physical origin of all justice and all right.

“Whatever be the active power, the moving cause that directs the universe, this power having given to all men the same organs, the same sensations, and the same wants, has thereby sufficiently declared that it has also given them the same rights to the use of its benefits; and that in the order of nature all men are equal.

“Secondly, inasmuch as this power has given to every man the ability of preserving and maintaining his own existence, it clearly follows, that all men are constituted independent of each other, that they are created free, that no man can be subject and no man sovereign, but that all men are the unlimited proprietors of their own persons.

“Equality, therefore, and liberty, are two essential attributes of man, two laws of the Divinity, not less essential and immutable, than the physical properties of inanimate nature.

“Again, from the principle, that every man is the unlimited master of his own person, it follows, that one inseparable condition in every contract and engagement is the free and voluntary consent of all the persons therein bound.

“Farther, because every individual is equal to every other individual, it follows, that the balance of receipts and payments in political society, ought to be rigorously in equilibrium with each other; so that from the idea of equality immediately flows that other idea of equity and justice* .

“Finally, equality and liberty constitute the physical and unalterable basis of every union of men in society, and of consequence the necessary and generating principle of every law and regular system of government(3) .

“It is because this basis has been invaded, that the disorders have been introduced among you, as in every other nation, which have at length excited you to resistance. It is by returning once more to a conformity with this rule, that you can reform abuses and reconstitute a happy order of society.

“We are bound however to observe to you, that from this regeneration there will result an extreme shock to be endured in your habits, in your fortunes, and in your prejudices. Vicious contracts must be dissolved, unjust prejudices abolished, imaginary distinctions surrendered, and iniquitous descriptions of property abrogated: in fine, you must set out once more from the state of nature. Consider whether you are capable of these mighty sacrifices.”

They concluded: and while I reflected upon the inherent cupidity of the human heart, I was induced to believe that the people would reject a melioration presented under such austere colours. I was mistaken. Instantly a vast crowd of men thronged towards the throne, and solemnly abjured all riches and all distinctions. “Unfold to us, cried they, the laws of equality and liberty: we disclaim all future possession that is not held in the sacred name of justice. Equality, liberty, justice, these are our inviolable code, these names shall inscribe our standard.”

Immediately the people raised a mighty standard, varied with three colours, and upon which those three words were written. They unfurled it over the throne of the legislators, and now for the first time the symbol of universal and equal justice appeared upon the earth. In front of the throne the people built an altar, on which they placed golden scales, a sword, and a book, with this legend: to equal law, the protector, and the judge. They then drew round the throne a vast amphitheatre, and the nation seated itself to hear the publication of the law. Millions of men, in act of solemn appeal to heaven, lifted up their hands together, and swore, “that they would live equal, free, and just; that they would respect the rights and property of each other; that they would yield obedience to the law and its ministers regularly appointed.”

A sight like this, so full of sublimity and energy, so interesting by the generous emotions it implied, melted me into tears; and addressing myself to the Genius, I said: “Now may I live, for after this there is nothing which I am not daring enough to hope.”

[* ]The etymology of the words themselves trace out to us this connexion: equilibrium, equalitas, equitas, are all of one family, and the physical idea of equality in the scales of a balance is the source and type of all the rest.

[Page 138. (3).]Equality and liberty constitute the physical basis. In the declaration of rights there is an inversion of ideas in the first article, liberty being placed before equality from which it in reality springs. This defect is not to be wondered at; the science of the rights of man is a new science; it was invented yesterday by the Americans, to day the French are perfecting it, but there yet remains a great deal to be done. In the ideas that constitute it there is a genealogical order which, from its basis, physical equality, to the minutest and most remote branches of government, ought to proceed in an uninterrupted series of inferences. This will be demonstrated in the second part of this work.