Towards a Worldwide Index of Human Freedom

Human Freedom from Pericles to Measurement • 37
The development of freedom discussed in this paper, from the predominately
negative views found in the early Enlightenment thinkers to
the emergence of claim-freedoms can be seen in the charters that have
been written to protect rights and freedoms.
The United States Bill of Rights and France’s Declaration of the Rights
of Man are the best known of the early freedom charters. Nine of the
10 amendments of the Bill of Rights are “rights” that do not fit clearly
into any of the freedom types discussed. However, the first amendment
clearly reflects “negative” freedom. “Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress
of grievances” (United States Constitution).
Most clauses of France’s Declaration of the Rights of Man also discuss
rights other than freedom. However, Articles 10 and 11 reflect the negative
view of freedom, at least for the most part, though the latter parts of
both paragraphs might raise some concerns.
10. No one shall be disquieted on account of his opinions, including
his religious views, provided their manifestation does not disturb the
public order established by law.
11. The free communication of ideas and opinions is one of the most
precious of the rights of man. Every citizen may, accordingly, speak,
write, and print with freedom, but shall be responsible for such abuses
of this freedom as shall be defined by law. (Avalon Project)
However, many of the paragraphs of the Declaration of the Rights of Man
directly or indirectly reflect Rousseau’s view on the general will, opening
the door to positive freedom. Articles 1 and 6 are particularly interesting.
1. Men are born and remain free and equal in rights. Social distinctions
may be founded only upon the general good….
6. Law is the expression of the general will. Every citizen has a right to
participate personally, or through his representative, in its foundation.
It must be the same for all, whether it protects or punishes. All citizens,
being equal in the eyes of the law, are equally eligible to all dignities
and to all public positions and occupations, according to their abilities,
and without distinction except that of their virtues and talents.
(Avalon Project, italics added)
Both “general good” in 1 and “general will” in 6 involve potential sources
of imperatives that could and would be misused in the Republic.
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