Influence of European Thought

1. Influence of European Thought

2. The Magna Carta • …is a document that marked a decisive step forward in the development of constitutional government and legal ideas in England • …Means Great Charter • Magna Carta contains 63 articles. Most of which pledged the king to uphold feudal customs

3. Magna Carta • Laid the basis, or foundation, for: • taxation • modern justice • trial by jury • redress of grievance • limited government and a written charter

4. Petition of Rights • 1628 a statement of civil liberties sent by the English Parliament to Charles I • The Parliament refused to finance the king’s unpopular foreign policy • The king and his government forced loans and quartered troops in subjects’ houses as an economy measure • The Petition of Right was initiated by Sir Edward Coke

5. Petition of Rights Asserted four principles: • No taxes may be levied without consent of Parliament • No subject may be imprisoned without cause • No soldiers may be quartered upon the citizenry • Martial law may not be used in times of peace

6. Montesquieu • A French philosopher, wrote Spirit of Laws • Montesquieu believed: • that laws underlie all things-human, natural and divine • there were three basic types of government-monarchy, republican, despotic. • Separation of powers is essential • Montesquieu's most influential work divided French society into three classes: the monarchy, the aristocracy and the commons • In a monarchy, limited power in placed in a king or queen • In a republican government, power was placed in an aristocracy or a democracy • In an aristocracy only a few had power • In a democracy, all had power

7. Montesquieu • Montesquieu believed • that legal systems should vary according to the basic type of government • that political liberty involved separating the legislative, executive, and judicial powers of government • that in order to have tranquility of mind it was important that the government be constituted so “as one man need not be afraid of another” • that if you have the legislative and executive powers placed in the same person there can be not liberty

8. John Locke • British philosopher, known as the father of Classical Liberalism • Much of Locke’s work is characterized by opposition to authoritarianism • Separation of church and State • Human nature is characterized by reason and tolerance • Locke wants each of us to use reason to search after truth rather than accept the opinion of authorities or be subject to superstition • Locke defined political power as the right of making laws with penalties of death and consequently all less penalties, for the regulating and preserving property

9. Locke • Ideas from Locke include • the right to life, liberty and property • concept of the common good • consent of the governed • social contract • all people were equal and independent, and everyone had a natural right to defend his life, health, liberty, or possessions

10. Thomas Hobbes • One needs an inherited monarchy to promote the legitimacy of government. • Absolutism rules. . .Self interest is national interest • Laws = order • Asserted that humans consent to abdicate their rights in favor of the absolute authority of government

11. Hobbes • he also developed some of the fundamentals of European liberal thought: • the right of the individual; • the natural equality of all men • the view that all legitimate political power must be "representative" and based on the consent of the people • a liberal interpretation of law which leaves people free to do whatever the law does not explicitly forbid

12. Most Important? • Which philosopher, in your opinion, was the most influential? Who had the best ideas? Why?