Evolution of Individual Rights
Time Period / Ideas re: Individuals or Individual RightsMiddle Ages / § Stressed harmony between individual and society
§ Individual exists for the good of society and each person’s role was defined by membership in a group
§ Rights and duties were defined in terms of the group. Rights were seen as privileges belonging to particular groups.
§ No concept of “natural rights”
Renaissance / § In many areas of life, emphasis was placed on the individual rather than the group into which that individual was born.
§ Increased interest in the rights of individuals
§ Individuals began to reexamine their relationship to institutions and governments
Reformation / § Emphasized the direct relationship between the individual believer and God, leading to the increased importance of the individuals
§ Encouraged freedom of conscience
§ All individuals seen as equals in God’s eyes
§ Each person was to be respected and held accountable as an individual
Rise of Nation-State / § People began to think of themselves as citizens of a particular state
§ Citizens possessed both public rights and public duties
Rise of Capitalism / § People granted freedom to choose their occupations, start businesses, and own property
§ People had more control over their lives
§ People began to pay more attention to their private interests than to the common good
Enlightenment / § Sought to realize the potential of all humans in all endeavors
§ Scientific thinking applied to study of society and politics
§ Individual thought and reason celebrated
Evolution of Democratic Practices in Britain and the Colonies
England; 1066 / § Feudalism- lord gave land to vassal in return for their personal allegiance and military service
§ Gave idea of government by contract
§ Those in power pledge to respect rights of people loyal to them
§ Manorialism an extension of feudalism
English Common Law / § Historical system of rights enjoyed by all English subjects
Magna Carta; 1215 / § Confirmed certain traditional rights
§ Central Tenants
§ Government based on rule of law
§ Certain basic rights may not e denied by government
§ Government should be based on contract between ruler and people being ruled
§ Limited government
Parliamentary Government / § Councils advised kings on matters
§ Councils evolved into parliaments
§ 14th century, Parliament divided into
§ House of Lords: represents interests of nobles
§ House of Commons: represents interests of non-nobility who possess wealth and stature in kingdom
§ Kings found effective way to increase taxes and make important laws; subjects found effective way to voice grievances and limit or check king’s power
English Petition of Rights, 1628 / § Confirmed:
§ Taxes could only be raised with consent of Parliament
§ English subjects enjoy certain fundamental rights no government can violate
Habeas Corpus Act of 1678 / § Defined: orders the government to deliver a person it has arrested to a court of law and explain why person has been arrested and held
§ If government can’t produce evidence of guilt, person must be set free
English Bill of Rights / § Limited power of king and placed dominant power of government in Parliament; monarch could not act without consent of Parliament
§ Included Rights:
§ Trial by jury
§ Prohibition of cruel and unusual punishment
§ Right to petition government
§ Right to bear arms for personal defense
§ Restated rule of law and government by contract
Mayflower Compact, 1620 / § Social contract established by Pilgrims
§ Established a civil body authorized to make laws and appoint officers
§ Agreed to establish just and equal laws
Colonial Generalities / § Each locality given created government
§ Heavier focus on written constitutions (unlike unwritten traditions of British)
§ Allowed for a lot of practice in writing constitutions
§ Written documents
§ Followed certain basic constitutional principles developed in England
§ Fundamental rights
§ Rule of law
§ Higher law
§ Representative government and right to vote
§ Reduced ability of government to violate rights
§ Ensured portion of government responsive to needs and interests of people
§ No taxation without representation
§ Separation of powers
§ Executive to enforce laws
§ Bicameral legislative to make laws
§ Judicial to ensure fairness, handle disputes, hear cases
§ Checks and balances
§ Executive checked because could not
§ Collect taxes without legislature’s consent
§ Imprison people without trial by magistrate
§ Set own salaries
§ Legislature checked by
§ Dependence on governor to enforce laws
§ Judges ensured laws did not conflict with English laws
§ Some colonial governors had veto power
§ Judges checked by
§ Being appointed by governor
§ Governor or legislature could remove if decisions inappropriate
§ Governor had to enforce rulings
§ Basic right of trial by jury of peers
Fundamental Orders of Connecticut, 1639 / § 1st colonial constitution
§ Established a central legislative body for law making
§ Authority from all free men living in area
Colonial vs. British Elections / § More universal suffrage
§ Choice in elections
§ More frequent elections
§ From district and considered agents of their constituents vs. whole nation
Massachusetts Body of Liberties, 1641 / § Secured rule of law and protection against abuse of power by magistrates
§ No man could be arrested, held, banished, or punished in the absence of an express law to that effect
§ Trial by jury
§ Free elections
§ Right to own property
§ Just compensation
§ Prohibition against forced self-incrimination
§ Prohibition of cruel and unusual punishment
§ Nonvoters had right to petition government
The Laws and Liberties, Massachusetts, 1648 / § Extended protections of Body of Liberties
§ Abolished primogeniture
§ More humane treatment of convicted criminals and debtors
§ Simplified judicial process