ABSTRACT

This chapter discusses four categories of rights in the French declaration: egalitarian principle, democratic formula, Individual and intellectual liberties and administration of justice. The declaration of rights criticizes positive right in the name of the ideal to which the society subscribes. The 1948 declaration criticizes liberal society in the name of the socialist ideal and socialist society in the name of the liberal ideal. Sociological thought has consecrated Friedrich Nietzsches, Karl Marx's, or Vilfredo Pareto's criticism of eighteenth-century philosophy. It accepts historic relativism: every society organizes itself in accordance with a certain system of standards or values, which are termed culture. This historic relativism now becomes an integral part of the common conscience and, profoundly marked by the sociological mode of thought. According to sociological thought, all philosophy of natural right expresses and denies at the same time the society from which it emanates.