Curran on the Declaration of Independence and the Declaration of the Rights of Man

 Vivian Grosswald Curran, University of Pittsburgh School of Law, has posted Disentangling the U.S. Declaration of Independence and the French Declaration of the Rights of Man and Citizen, which is forthcoming in the Duke Journal of Comparative and International Law:

Le Barbier's Declaration (wiki)

The American Declaration of Independence and Revolution are linked to the French Declaration of the Rights of Man and Citizen and its Revolution through the mutual, strong influences of the Enlightenment philosophes whom both the American Founding Fathers and the French revolutionaries read. They also were linked through acquaintance and ongoing communication, with the American Declaration serving as a model for the first, but not final, draft of the French one. Both Declarations and Revolutions were to follow divergent paths through time, however, a cause for great concern in nineteenth-century France when intellectuals such as Laboulaye, Tocqueville and Taine, fearful for France’s future in yet another new régime, looked to America’s foundational documents and governmental system to uncover the secrets of America’s stability and of France’s failure to safeguard the principles of 1789. This article proposes that the answers were far less to be found in the U.S. documents or bicameral legislative structure than in a comparative, contextual examination of the two societies, their populations and their political histories. Those were the differences which led France to sink into a Reign of Terror within a few years of its Revolution and to proceed to seesaw among various forms of government thereafter, while the United States was able to enjoy a single Constitution and general political stability.  The aims of each Revolution differed, as did the consequences of those differences, including how each nation perceived and dealt with freedom of religion, the abolition of slavery and the struggle for women’s equality. In France, the Revolution was intended to achieve a total rupture with the past, but France unwittingly fell prey to its past, as the absolutist tradition of the monarchy permeated its ranks in new ways, transforming egalitarianism into repression. In America, the colonists’ chief complaint had been their lack of representation in the British Parliament, not a wish to change a constitutional form of government which allowed for freedom of representation and had a king who bowed to the will of Parliament. After the American Revolution, the French looked to the new country overseas, often both idealizing and distorting it, with a view to how it could be a model for a new France.  The two nations had a common point of departure in the literature of the philosophes which had deeply inspired and captured the imagination of the American Founding Fathers and the French revolutionary thinkers alike. Even a written text, however, is interpretive, such that the texts themselves were a function of what they meant to their readers. Some have thought that the Founding Fathers understood Montesquieu’s intentions better than the French. This article hopes to illuminate twists and turns from a shared point of departure, and to address ongoing debates concerning their nature.  

--Dan Ernst 

Prak on citizens without nations

Maarten Prak, Universiteit Utrecht, has published Citizens without Nations: Urban Citizenship in Europe and the World, c.1000-1789 with Cambridge University Press. From the publisher: 

Citizenship is at the heart of our contemporary world but it is a particular vision of national citizenship forged in the French Revolution. In Citizens without Nations, Maarten Prak recovers the much longer tradition of urban citizenship across the medieval and early modern world. Ranging from Europe and the American colonies to China and the Middle East, he reveals how the role of 'ordinary people' in urban politics has been systematically underestimated and how civic institutions such as neighbourhood associations, craft guilds, confraternities and civic militias helped shape local and state politics. By destroying this local form of citizenship, the French Revolution initially made Europe less, rather than more democratic. Understanding citizenship's longer-term history allows us to change the way we conceive of its future, rethink what it is that makes some societies more successful than others, and whether there are fundamental differences between European and non-European societies.

Praise for the book:

"A profoundly original book. Prak shows how much of what historians and social scientists think they know about citizenship and the rise of democratic politics is simply wrong. Uncovering the errors that have blinded so many, he proceeds to construct a historically grounded foundation for a new understanding of the meaning of citizenship that instructs us about the past and the present." - Jan de Vries

"This is a major contribution to emancipating citizenship from the nation. Tracing varieties of citizenship before its invention as nationality, Prak makes a compelling case for understanding citizenship as a practical activity without binary oppositions: European versus non-European, urban versus rural, or national versus international. The result is a riveting narrative, forcefully inviting us to think differently and historically about citizenship." -Engin Isin

"This is a large, richly researched, provocative study which repositions the pre-modern city, its citizens and agencies, at the centre of the European political stage. It is a brilliant exemplar of the New Urban History, setting European developments in a broad global perspective." -Peter Clark

"In this wide ranging and bold book, Maarten Prak offers a penetrating analysis of urban citizenship in pre-modern Europe. He both revises a Weberian narrative about the distinctiveness of western European civic institutions in comparison to those in Asia and the Americas and undoes assumptions about the superiority of national citizenship post-1789.'" -Martha Howell 

Further information is available here.