Human Rights and Humanity’s Rights During Year Three of the French Revolution

This book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries’ distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time. Contents Chapter 1: Introduction References Chapter 2: Thinking the French Revolution (and Law) 2.1 The French Revolution and the Uses of History 2.2 How (Not) to Think About the French Revolution 2.3 An Introduction to the French Revolution’s Philosophy of Right 2.4 Back to Natural Law Appendix Historical Documents Parliamentary Notes, Newspapers and Legal Texts References Chapter 3: Excursus: Introducing the Archive Appendix Historical References for the 1792–1793 Debates Parliamentary Notes, Newspapers, and Legal Texts Drafts References Chapter 4: External Relations and Sovereignties 4.1 War and External Relations 4.2 The War in the Constitutional Drafts 4.3 External Relations and the Sovereignty of the Peoples Appendix Historical References for the 1792–1793 Debates Parliamentary Notes, Newspapers, and Legal Texts Drafts References Chapter 5: Facets of the Executive Branch 5.1 Judiciary 5.1.1 The Jury 5.1.2 Arbitration and Choosing Those Who Judge 5.1.3 Justice and the Executive Branch 5.2 The Executive Council and the Administrative Bodies 5.2.1 Choosing the Executive Council 5.2.2 Local and Regional Administrations 5.2.3 Controlling the Executive Council and the Administrative Bodies Appendix Historical References for the 1792–1793 Debates Parliamentary Notes, Newspapers, and Legal Texts Drafts References Chapter 6: The Legislative Body 6.1 The Formation of the Legislative Body 6.2 The Electoral Procedure 6.3 Control of the Legislative Body, Censorship, and Censors 6.4 Constitutional Change, Legislative Procedure, and Sanction Appendix Historical References for the 1792–1793 Debates Parliamentary Notes, Newspapers, and Legal Texts Drafts References Chapter 7: Republic and Citizenship 7.1 The Republic 7.1.1 Government of the Many, Social Contract, and the Law 7.2 The Many and Citizenship 7.2.1 Restricted Citizenships 7.2.2 Delineating Citizenship 7.3 Assemblies, Natural Law, and Insurrection Appendix Historical References for the 1792–1793 Debates Parliamentary Notes, Newspapers, and Legal Texts Drafts References Chapter 8: Final Remarks Index