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John Locke

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John Locke s Natural Law: as Interpreted in the American Founding and Early American Judiciary, 1690 through 1810 Rachael Gautier November 30, 2010 – PowerPoint PPT presentation

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Title: John Locke


1
John Lockes Natural Law as Interpreted in the
American Founding and Early American Judiciary,
1690 through 1810
  • Rachael Gautier
  • November 30, 2010

2
Points of Interests
  • John Locke and The Natural Rights Theory
  • Declaration of Rights
  • Colonial Use of Natural Law
  • Declaration of Independence and Thomas
    Jeffersons use of John Lockes Natural Law
    Theory
  • Constitution
  • John Marshalls influence on Natural Rights in
    the Constitution

3
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4
John Locke and The Natural Rights Theory
5
Natural Law Pre Locke
  • Stoicism and Ancient Greeks
  • Early definition of Natural Law
  • Individuals are entitled at birth to certain
    "natural rights"
  • All human beings are endowed with reason
  • Social Contract
  • A ruler or legislature acts against the welfare
    of the people

6
John Lockes Early Studies
  • Spirituality
  • Medicine
  • Physicality
  • External and internal influences on mankind's
    ideas and knowledge gained by these studies

7
John Locke
  • Second Treatise of Civil Government, 1690
  • Theory of Natural Rights

8
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9
Declaration of Rights
10
Basic Structure
  • 1789, National Assembly of France established the
    Declaration of Rights.

11
Locke vs. Declaration of Rights
  • Declaration of Rights
  • The ignorance, neglect, or contempt of the
    rights of man are the sole cause of public
    calamities and of the corruption of governments,
    have firmly set forth in a solemn declaration the
    natural, unalienable, and sacred rights of man

Locke, Law of Nature The right of each man to
interpret and enforce the laws of nature as they
see fit, may be a source of much chaos. So, in
order to regulate the implementation of these
laws, man agrees to a social contract, under
which all men are governed by one common ruler
12
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13
Colonial Use of Natural Law
14
Virginia
  • Codes- Organized works of written law
  • Common Law vs. Natural Law
  • Virginias theory on common law

15
Massachusetts
  • John Winthrop Governor General of
    Massachusetts, 1645
  • -Two fold liberty natural v. federal
  • Puritans contradictory stance on early natural
    law ideas

16
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17
Declaration of Independence and Thomas
Jeffersons use of John Lockes Natural Law Theory
18
Declaration of Independence
  • 1776, Founding Fathers adherence to the concept
    of natural law

19
Jeffersons use of Lockes Essay in the
Declaration of Independence
  • John Locke, Second Treatise of Government, Law of
    Nature, 1690.
  • Nature is a state of perfect equality amongst
    all men. In this state, no one man has more power
    or jurisdiction than any other man life, health,
    liberty, or possessions.

Thomas Jefferson, Declaration of Independence,
1776 That all men are created equal that they
are endowed by their Creator with certain
unalienable rights that among these are life,
liberty, and the pursuit of happiness
20
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21
Constitution
22
Basic Form of Constitution
  • Articles
  • Bill of Rights
  • Lockean Utopia
  • Limited Government capable of maintaining Natural
    Rights

23
Constitution
  • Edward S. Corwins The Higher Law Background of
    American Constitutional Law

24
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25
John Marshalls Influence on Natural Rights
within the Constitution
26
Marshalls Thoughts on Common Law
  • Opinion on Common Law
  • Positive Law and Written Law
  • First of his time
  • George Wythe, Edmund Pendleton

27
Marshall and his Influence on natural law in the
Constitution
  • Interpretation of the Constitution
  • Charles Hobsons The Great Chief Justice John
    Marshall and the Rule of Law
  • Marbury v. Madison first of its time.

28
Concluding Thoughts
  • Natural Law is a means by which mankind can
    rationally guide themselves to their good
  • Throughout Americanization, Natural Laws impact
    on its citizens
  • John Marshalls change within the Judicial system

29
References
  • Locke, John. The Second Treatise of Civil
    Government. 1690. http//oregonstate.edu/instruct/
    phl302/texts/locke/locke2/locke2nd-a.htmlCHAP.20
    II
  • Smith, Joseph H. Colonial Justice in Western
    Massachusetts The Pynchon Court Record. Harvard
    University Press. 1961
  • Porter, Albert Ogden. County Government In
    Virginia A legislative History. Columbia
    University Press. 1947
  • Lutz, Donald S. Documents of Political Foundation
    Written by Colonial Americans From Covenant to
    Constitution. Institute for the Study of Human
    Issues. Philadelphia, 1986
  • Tomlins, Christopher L. and Mann, Bruce H. The
    Many Legalities of Early America. University of
    North Carolina Press, North Carolina, 2001
  • Herbert Wechsler, Toward Neutral Principles of
    Constitutional Law, Harvard Law Review, November
    1959, vol. 73
  • Grant, James. The Rise of Juristocracy. Wilson
    Quarterly Spring, 2010. Vol. 34.
  • Benedict, Michael Les, The Blessings of
    Liberty A Concise History of the Constitution of
    the United States, D. C Heath and Company,
    Massachusetts, 1996
  • Hobson, Charles F. The Great Chief Justice John
    Marshall and the Rule of Law. University Press of
    Kansas. 1996
  • http//www1.assumption.edu/ahc/1770s/corenatural.h
    tml
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