ДЕКЛАРАЦИЈЕ О ПРАВИМА И СЛОБОДАМА У АМЕРИЧКОЈ И ФРАНЦУСКОJ РЕВОЛУЦИЈИ
THE DECLARATION OF THE RIGHTS AND FREEDOMS IN THE AMERICAN AND FRENCH REVOLUTIONS

Summary/Abstract: Beginning with the fact that .the declarations of the rights and freedoms adopted by the American and French revolutions by the end of XVIII century are extremely important for modern civilization and the law of that civilization, the author points out at the roots of corresponding conceptions in European thinking. They are to be found in the period of revival of the theories of social understanding and natural rights, which set the relationship between the power and the citizen on new foundations: in the theories of people's sovereignty and in the right to rebellion; in the ideas and institutions of British constitutionalism and centuries long struggle for freedoms within the frames of law; in the philosophy of Enlightenment, and most of all in the liberal political philosophy and ideology. In the wording of specific revolutionary declarations (especially those of 1776. and 1789) one insists on pioneering importance and insufficient influence of the Virginian Declaration. Also elaborated are the ways of transferring American ideal into France and the roles played in this process by Franklin, Jefferson, Condorsé, Payne, Lafayette, and others. Comparison is effected between French declarations in an attempt of establishing the influence of various philosophers and their aims as far as the contents of the declarations are concerned. Answers are also offered as to the reasons of different ways of institutionalization and implementation of otherwise similar ideas of the rights and freedoms which initiated both the American and the French declarations. The grounds for the above may be found in different political cultures in both countries, in a rather different intensity of contradictions in the pre- -revolutionary societies of North America and France, etc. In those two countries also different were the conceptions of the nature of divison of power and of the methods of struggling for power — the case of France,, where revolution began to „eat its children", while American Revolution was successful in giving form to its .ideals in constitutional and political institutions based to considerable degree on foundations of the British constitutionaliism.

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