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by Max Farrand Ph. D. (Translator), Georg Jellinek Ph. D. (Author)
The declaration of "the rights of man and of citizens" by the French Constituent Assembly on August 26, 1789, is one of the most significant events of the French Revolution. It has been criticised from different points of view with directly opposing results. The political scientist and the historian, thoroughly appreciating its importance, have repeatedly come to the conclusion that the Declaration had no small part in the anarchy with which France was visited soon after the storming of the Bastille. They point to its abstract phrases as ambiguous and therefore dangerous, and as void of all political reality and practical statesmanship. Its empty pathos, they say, confused the mind, disturbed calm judgment, aroused passions, and stifled the sense of duty, -for of duty there is not a word. 1] Others, on the contrary, and especially Frenchmen, have exalted it as a revelation in the world's history, as a catechism of the "principles of 1789" which form the eternal foundation of the state's structure, and they have glorified it as the most precious gift that France has given to mankind. Less regarded than its historical and political significance is the importance of this document in the history of law, an importance which continues even to the present day. Whatever may be the value or worthlessness of its general phrases, it is under the influence of this document that the conception of the public rights of the individual has developed in the positive law of the states of the European continent.
Author Biography
Georg Jellinek (16 June 1851 in Leipzig - 12 January 1911 in Heidelberg) was a German[citation needed] public lawyer, considered of Austrian origin.[clarification needed] Along with Hans Kelsen and the Hungarian F?lix Soml? he belonged to the group of Austrian Legal Positivists and was considered to be "the exponent of public law in Austria". From 1867, Jellinek studied law, history of art and philosophy at the University of Vienna. He also studied philosophy, history and law in Heidelberg and Leipzig up until 1872. He was the son of Adolf Jellinek, the then famous preacher in Vienna's Jewish community. In 1872 he completed his Dr. phil. thesis in Leipzig (The Soci-Ethical Meaning of Justice, Injustice and Punishment) and in 1874 also his Dr. jur. in Vienna. In 1879 he qualified as a professor at the University of Vienna. Jellinek was later visiting professor of legal philosophy in Vienna, in 1881 he was named a member of the commission for state exams and one year later he published his seminal work, The Theory of the Unifications of States (1882). In 1883 he was given the predigious title of Professor of Public Law at the University of Vienna. In 1889 he was duly given a professorship in Basel and left the academic service of Austria-Hungary. From 1891 he was Ordinarius for general Public Law and International Law at the University of Heidelberg. In 1900 he compiled his main work, the General Theory of the State.
