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48 pages 1 hour read

Thomas Paine

The Rights of Man

Nonfiction | Book | Adult | Published in 1791

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Background

Political/Philosophical Context: Rights of Man and the British Constitution

Rights of Man caused an unprecedented sensation in Great Britain because it challenged a century-old political consensus regarding the British constitution. The meaning and significance of constitutionalism in English and British history, therefore, establishes the immediate context for Paine’s revolutionary arguments.

The 18th-century British constitution was almost entirely unwritten. As it evolved through the centuries, this constitution came to reflect certain broad principles, such as limited monarchy and the rule of law, which 18th-century Britons championed as the foundations of their liberty. Since it was never compiled into a single document, the 18th-century British constitution is best understood as a set of institutional arrangements that correlate with the era’s prevailing social hierarchy. In short, the British constitution attempted to strike a balance among Aristotle’s three forms of government—monarchy, aristocracy, and democracy—any one of which, taken to its extreme, would produce tyranny. 

In 18th-century Britain, these three forms also represented divinely-ordained divisions within society: the one, the few, and the many. The king or queen (the one) stood for monarchy. In Parliament, the House of Lords (the few) stood for aristocracy and the House of Commons (the many) for democracy. After the Glorious Revolution of 1688-1689 secured Parliament’s role as supreme legislature and provided a permanent check on monarchical ambition, British constitutionalists spent the next century celebrating their balanced government, which they believed protected them from tyranny by preventing any one of the three social orders from wielding too much power. 

To appreciate Paine’s impact, it is crucial to understand that Britain’s 18th-century constitution presumed social inequality and that its much-celebrated balance was predicated on that assumption. In Rights of Man, by contrast, Paine argues for basic human equality. If equality, not hierarchy, is the rule of nature, then monarchies and aristocracies have no natural basis, and if the undivided people constitute citizens rather than subjects, then the entire British government amounts to a fraud. Paine’s radical arguments were therefore seen as a direct challenge to both the traditional conception of the British constitution and to the hierarchies and privileges of the social order.

Societal Context: Rights of Man and the Counter-revolution

Britons’ enthusiastic response to Rights of Man provoked a harsh reaction from government authorities, including mass censorship, sedition trials, and a decades-long campaign of persecution against British subjects who dared to challenge the social and political order.

Considering the timing of events in France is crucial to understanding the motives of Britain’s counter-revolutionaries. The French Revolution is often remembered as leading to the Terror, which involved public executions by way of the guillotine. When Rights of Man’s first part appeared in print in March 1791, however, King Louis XVI of France still sat on the throne and the French Revolution’s bloodiest scenes lay in the future. Even by the time Rights of Man’s second part was published in February 1792, the French Revolution had not yet degenerated into full-blown terror. Likewise, Britain and France did not go to war until early 1793. The counter-revolution in Britain, therefore, stemmed from resistance to Paine’s arguments and was not a reaction to actual revolutionary violence in France.

After Rights of Man’s second part appeared in print, the British government under Prime Minister William Pitt targeted Paine for prosecution on charges of seditious libel. The trial was originally scheduled for June 1792 but was postponed to December after Paine fled to exile in France. Paine was convicted in absentia, but he never returned to his native country. Other prosecutions followed. Thanks to the strength of certain British traditions, such as trial by jury, not all prosecutions for seditious libel succeeded. The general trajectory of repression, however, favored the government, which by the end of the 1790s had suspended habeas corpus, criminalized political societies, prohibited large public gatherings, and driven Paine-inspired radicals underground. Paine’s ideas endured, however, with his promotion of freedom and equality inspiring many thinkers and artists of the Romantic period in the subsequent decades of the early-19th century.

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