West European Studies

The first item in the Declaration provides a broad definition of the nature of liberty Men are born and remain free and equal in rights.   From this statement, we can say that liberty is one of the inherent rights of Man, and all are equal in this liberty.   Their sentiment echoes a similar theme in the American Declaration of Independence, that all men are created equal.   However, in adding that all men are born free, they are emphasizing that the new French order holds political liberty higher in value than individual equality.

The second item of the Declaration states that one of the fundamental roles of political association is to safeguard the rights inherent in Man, and goes on to include liberty as one of these rights.  In item 3 of the Declaration, all authority proceeds not from government, but from the Nationthat is, the individual Man.   Since all political associations derive their authority from the Nation, we can say that it ultimately is the Nation that is the guarantor of these rights, and not the government.   Liberty is no longer suborned to government, but the other way around.  

It is in the fourth item that gives structure to what this right of liberty entails.   Liberty, then, is the freedom to do everything which injures no one else and does not hinder anothers exercise of the same right.   The existence of the qualifying clause which  indicates that the liberty that the Declaration guarantees to all Men is not an unlimited liberty, but one regulated by moral conscience.  We shall turn to this later.

In the latter part of the Declaration, there are items that add particulars to the rather broad definition of liberty provided in Items 1 to 4.   Item 7 talks of the freedom from arbitrary arrest and detention.   Item 14 is Mans right to choose, through his representative, taxation and its modes.  And the Declaration provides two items (10-11) guaranteeing to the safeguarding of the freedom of expression, be it through speech or print.  

Do these items narrow the liberty guaranteed by the Declaration   No, for we can reconcile the broad definition of liberty in items 1 to 4 and the particulars of liberty as stated in these latter items.   Items 1 to 4 describe the character of liberty natural to the human condition, while the latter items are the particular expressions of political liberty of the individual.  

Limits of Liberty
Let us return to item 4.   We have said that the nature of this liberty is not one of unlimited scope but one having moral limits.   From the clause which injures no one else, we can say that this is a liberty that does not go against the common welfare of the community, and impliedly follows the precepts of natural law (i.e., act always towards the goodwill of fellow Man and cause no harm of injury to him).

The addition of the statement that this liberty should has no limits except those which assure to the other members the enjoyment of the same reinforces the statement in item 1.   Because all Men are equal in rights, it would stand to reason that no Man should be denied the rights to liberty, including in the expression of liberty by his fellow Man.  

Therefore, the limits of liberty is determined only in if it will violate the principles of equality, or the equal rights of all Men, and of brotherhoodwhere Man is responsible to his fellow Man and consequently the community.   And as the role of government in item 2  is defined as the guardian of the natural rights of Man in item 1, so then are laws in the subsequent items limited only in assuring Mans natural right to liberty and that its exercise adheres to natural law, as prescribed in item 4.