“The question is whether the Jew as such, that is, the Jew who himself admits that he is compelled by his true nature to live permanently in separation from other men, is capable of receiving the universal rights of man and of conceding them to others.”
“For the Christian world, the idea of the rights of man was only discovered in the last century. It is not innate in men; on the contrary, it is gained only in a struggle against the historical traditions in which hitherto man was brought up. Thus the rights of man are not a gift of nature, not a legacy from past history, but the reward of the struggle against the accident of birth and against the privileges which up to now have been handed down by history from generation to generation. These rights are the result of culture, and only one who has earned and deserved them can possess them.”
“Can the Jew really take possession of them? As long as he is a Jew, the restricted nature which makes him a Jew is bound to triumph over the human nature which should link him as a man with other men, and will separate him from non-Jews. He declares by this separation that the particular nature which makes him a Jew is his true, highest nature, before which human nature has to give way.”
“Similarly, the Christian as a Christian cannot grant the rights of man.” (p. 19-20)According to Bauer, man has to sacrifice the “privilege of faith” to be able to receive the universal rights of man. Let us examine, for a moment, the so-called rights of man – to be precise, the rights of man in their authentic form, in the form which they have among those who discovered them, the North Americans and the French. These rights of man are, in part, political rights, rights which can only be exercised in community with others. Their content is participation in the community, and specifically in the political community, in the life of the state. They come within the category of political freedom, the category of civic rights, which, as we have seen, in no way presuppose the incontrovertible and positive abolition of religion – nor, therefore, of Judaism. There remains to be examined the other part of the rights of man – the droits d’homme, insofar as these differ from the droits d’citoyen.
Included among them is freedom of conscience, the right to practice any religion one chooses. The privilege of faith is expressly recognized either as a right of man or as the consequence of a right of man, that of liberty.
Déclaration des droits de l’droits et du citoyen, 1791, Article 10: “No one is to be subjected to annoyance because of his opinions, even religious opinions.” “The freedom of every man to practice the religion of which he is an adherent.”
Declaration of the Rights of Man, etc., 1793, includes among the rights of man, Article 7: “The free exercise of religion.” Indeed, in regard to man’s right to express his thoughts and opinions, to hold meetings, and to exercise his religion, it is even stated: “The necessity of proclaiming these rights presupposes either the existence or the recent memory of despotism.” Compare the Constitution of 1795, Section XIV, Article 354.
Constitution of Pennsylvania, Article 9, § 3: “All men have received from nature the imprescriptible right to worship the Almighty according to the dictates of their conscience, and no one can be legally compelled to follow, establish, or support against his will any religion or religious ministry. No human authority can, in any circumstances, intervene in a matter of conscience or control the forces of the soul.”
Constitution of New Hampshire, Article 5 and 6: “Among these natural rights some are by nature inalienable since nothing can replace them. The rights of conscience are among them.” (Beaumont, op. cit., pp. 213,214)Incompatibility between religion and the rights of man is to such a degree absent from the concept of the rights of man that, on the contrary, a man’s right to be religious, in any way he chooses, to practise [sic] his own particular religion, is expressly included among the rights of man. The privilege of faith is a universal right of man.
The droits de l’homme, the rights of man, are, as such, distinct from the droits du citoyen, the rights of the citizen. Who is homme as distinct from citoyen? None other than the member of civil society. Why is the member of civil society called “man,” simply man; why are his rights called the rights of man? How is this fact to be explained? From the relationship between the political state and civil society, from the nature of political emancipation.
Above all, we note the fact that the so-called rights of man, the droits de l’homme as distinct from the droits du citoyen, are nothing but the rights of a member of civil society – i.e., the rights of egoistic man, of man separated from other men and from the community. Let us hear what the most radical Constitution, the Constitution of 1793, has to say:
Declaration of the Rights of Man and of the Citizen.Article 2. “These rights, etc., (the natural and imprescriptible rights) are: equality, liberty, security, property.”What constitutes liberty?
Article 6. “Liberty is the power which man has to do everything that does not harm the rights of others,” or, according to the Declaration of the Rights of Man of 1791: “Liberty consists in being able to do everything which does not harm others.”Liberty, therefore, is the right to do everything that harms no one else. The limits within which anyone can act without harming someone else are defined by law, just as the boundary between two fields is determined by a boundary post. It is a question of the liberty of man as an isolated monad, withdrawn into himself. Why is the Jew, according to Bauer, incapable of acquiring the rights of man?
“As long as he is a Jew, the restricted nature which makes him a Jew is bound to triumph over the human nature which should link him as a man with other men, and will separate him from non-Jews.”But, the right of man to liberty is based not on the association of man with man, but on the separation of man from man. It is the right of this separation, the right of the restricted individual, withdrawn into himself.
The practical application of man’s right to liberty is man’s right to private property.
What constitutes man’s right to private property?
Article 16. (Constitution of 1793): “The right of property is that which every citizen has of enjoying and of disposing at his discretion of his goods and income, of the fruits of his labor and industry.”The right of man to private property is, therefore, the right to enjoy one’s property and to dispose of it at one’s discretion (à son gré), without regard to other men, independently of society, the right of self-interest. This individual liberty and its application form the basis of civil society. It makes every man see in other men not the realization of his own freedom, but the barrier to it. But, above all, it proclaims the right of man
“of enjoying and of disposing at his discretion of his goods and income, of the fruits of his labor and industry.”There remain the other rights of man: égalité and sûreté.
Equality, used here in its non-political sense, is nothing but the equality of the liberté described above – namely: each man is to the same extent regarded as such a self-sufficient monad. The Constitution of 1795 defines the concept of this equality, in accordance with this significance, as follows:
Article 3 (Constitution of 1795): “Equality consists in the law being the same for all, whether it protects or punishes.”And security?
Article 8 (Constitution of 1793): “Security consists in the protection afforded by society to each of its members for the preservation of his person, his rights, and his property.”Security is the highest social concept of civil society, the concept of police, expressing the fact that the whole of society exists only in order to guarantee to each of its members the preservation of his person, his rights, and his property. It is in this sense that Hegel calls civil society “the state of need and reason.”
The concept of security does not raise civil society above its egoism. On the contrary, security is the insurance of egoism.
None of the so-called rights of man, therefore, go beyond egoistic man, beyond man as a member of civil society – that is, an individual withdrawn into himself, into the confines of his private interests and private caprice, and separated from the community. In the rights of man, he is far from being conceived as a species-being; on the contrary, species-life itself, society, appears as a framework external to the individuals, as a restriction of their original independence. The sole bond holding them together is natural necessity, need and private interest, the preservation of their property and their egoistic selves.
It is puzzling enough that a people which is just beginning to liberate itself, to tear down all the barriers between its various sections, and to establish a political community, that such a people solemnly proclaims (Declaration of 1791) the rights of egoistic man separated from his fellow men and from the community, and that indeed it repeats this proclamation at a moment when only the most heroic devotion can save the nation, and is therefore imperatively called for, at a moment when the sacrifice of all the interest of civil society must be the order of the day, and egoism must be punished as a crime. (Declaration of the Rights of Man, etc., of 1793) This fact becomes still more puzzling when we see that the political emancipators go so far as to reduce citizenship, and the political community, to a mere means for maintaining these so-called rights of man, that, therefore, the citoyen is declared to be the servant of egotistic homme, that the sphere in which man acts as a communal being is degraded to a level below the sphere in which he acts as a partial being, and that, finally, it is not man as citoyen, but man as private individual [bourgeois] who is considered to be the essential and true man.
“The aim of all political association is the preservation of the natural and imprescriptible rights of man.” (Declaration of the Rights, etc., of 1791, Article 2)
“Government is instituted in order to guarantee man the enjoyment of his natural and imprescriptible rights.” (Declaration, etc., of 1793, Article 1)Hence, even in moments when its enthusiasm still has the freshness of youth and is intensified to an extreme degree by the force of circumstances, political life declares itself to be a mere means, whose purpose is the life of civil society. It is true that its revolutionary practice is in flagrant contradiction with its theory. Whereas, for example, security is declared one of the rights of man, violation of the privacy of correspondence is openly declared to be the order of the day. Whereas “unlimited freedom of the press” (Constitution of 1793, Article 122) is guaranteed as a consequence of the right of man to individual liberty, freedom of the press is totally destroyed, because “freedom of the press should not be permitted when it endangers public liberty.” (“Robespierre jeune,” Historie parlementaire de la Révolution française by Buchez and Roux, vol.28, p. 159) That is to say, therefore: The right of man to liberty ceases to be a right as soon as it comes into conflict with political life, whereas in theory political life is only the guarantee of human rights, the rights of the individual, and therefore must be abandoned as soon as it comes into contradiction with its aim, with these rights of man. But, practice is merely the exception, theory is the rule. But even if one were to regard revolutionary practice as the correct presentation of the relationship, there would still remain the puzzle of why the relationship is turned upside-down in the minds of the political emancipators and the aim appears as the means, while the means appears as the aim. This optical illusion of their consciousness would still remain a puzzle, although now a psychological, a theoretical puzzle.
The puzzle is easily solved.
Political emancipation is, at the same time, the dissolution of the old society on which the state alienated from the people, the sovereign power, is based. What was the character of the old society? It can be described in one word – feudalism. The character of the old civil society was directly political – that is to say, the elements of civil life, for example, property, or the family, or the mode of labor, were raised to the level of elements of political life in the form of seigniory, estates, and corporations. In this form, they determined the relation of the individual to the state as a whole – i.e., his political relation, that is, his relation of separation and exclusion from the other components of society. For that organization of national life did not raise property or labor to the level of social elements; on the contrary, it completed their separation from the state as a whole and constituted them as discrete societies within society. Thus, the vital functions and conditions of life of civil society remained, nevertheless, political, although political in the feudal sense – that is to say, they secluded the individual from the state as a whole and they converted the particular relation of his corporation to the state as a whole into his general relation to the life of the nation, just as they converted his particular civil activity and situation into his general activity and situation. As a result of this organization, the unity of the state, and also the consciousness, will, and activity of this unity, the general power of the state, are likewise bound to appear as the particular affair of a ruler and of his servants, isolated from the people.
The political revolution which overthrew this sovereign power and raised state affairs to become affairs of the people, which constituted the political state as a matter of general concern, that is, as a real state, necessarily smashed all estates, corporations, guilds, and privileges, since they were all manifestations of the separation of the people from the community. The political revolution thereby abolished the political character of civil society. It broke up civil society into its simple component parts; on the one hand, the individuals; on the other hand, the material and spiritual elements constituting the content of the life and social position of these individuals. It set free the political spirit, which had been, as it were, split up, partitioned, and dispersed in the various blind alleys of feudal society. It gathered the dispersed parts of the political spirit, freed it from its intermixture with civil life, and established it as the sphere of the community, the general concern of the nation, ideally independent of those particular elements of civil life. A person’s distinct activity and distinct situation in life were reduced to a merely individual significance. They no longer constituted the general relation of the individual to the state as a whole. Public affairs as such, on the other hand, became the general affair of each individual, and the political function became the individual’s general function.
But, the completion of the idealism of the state was at the same time the completion of the materialism of civil society. Throwing off the political yoke meant at the same time throwing off the bonds which restrained the egoistic spirit of civil society. Political emancipation was, at the same time, the emancipation of civil society from politics, from having even the semblance of a universal content.
Feudal society was resolved into its basic element – man, but man as he really formed its basis – egoistic man.
This man, the member of civil society, is thus the basis, the precondition, of the political state. He is recognized as such by this state in the rights of man.
The liberty of egoistic man and the recognition of this liberty, however, is rather the recognition of the unrestrained movement of the spiritual and material elements which form the content of his life.
Hence, man was not freed from religion, he received religious freedom. He was not freed from property, he received freedom to own property. He was not freed from the egoism of business, he received freedom to engage in business.
The establishment of the political state and the dissolution of civil society into independent individuals – whose relation with one another on law, just as the relations of men in the system of estates and guilds depended on privilege – is accomplished by one and the same act. Man as a member of civil society, unpolitical man, inevitably appears, however, as the natural man. The “rights of man” appears as “natural rights,” because conscious activity is concentrated on the political act. Egoistic man is the passive result of the dissolved society, a result that is simply found in existence, an object of immediate certainty, therefore a natural object.
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Source: Karl Marx, "On the Jewish Question," Marxists, 2008/9, accessed October 12, 2014, https://www.marxists.org/archive/marx/works/1844/jewish-question/.
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