Founding Documents and Political Philosophers

Hammurabi’s Code The Code of Hammurabi was the law code of Ancient Babylon. Established a single, uniform code of law for the entire empire. The code is the first example of fundamental laws unchangeable even by a King

The Ten Commandments According to the Bible, Moses received the Ten Commandments from God In Biblical times, the Bible served as the source of law for the Hebrews of Palestine. The Commandments’ simple instructions on how individuals must behave toward one another are seen to form the basis of all Western law.

The Contribution of the Greeks First to believe that laws were a human institution (not dictated by the Gods) Allowed common people to serve in state office First government in which elected officials were paid a salary Had the first trial by jury in recorded history Every male citizen had the right to serve in the assembly, which passed laws and determined government policies.

The Influence of Ancient Rome The Senate, a REPRESENTATIVE body was the most powerful government body. The Senate conducted foreign policy, passed laws and handled the government’s finances. The Romans also believed in NATURAL LAW, the idea that certain basic rights should be extended to everybody who lived under Roman rule.

Divine Right of Kings Throughout the Middle Ages, the concept of the “Divine Right of Kings” was generally accepted It held that the King was chosen by God because the King was speaking for God, everything he says is absolutely right… Because why would God choose a King that was capable of making poor choices?

Magna Carta 1215 First attempt at a Social Contract Provides the basic principle of limited government Introduced the idea of fundamental rights (which can’t be taken away) Trial by jury, due process, protection against unjust punishment, and loss of life, liberty and property

Petition of Right 1628 Put limits on the power of the King Must work with the consent of Parliament (representatives of people) Outlines basic rights for individuals (no tax w/o representation, no imprisonment w/o cause, no housing soldiers, no use of martial law during peace)

English Bill of Rights 1689 Placed clear limits on the absolute monarchy Written by Parliament Signed by King William & Queen Mary Provided for individual protections (with many of the rights found now found in the Constitution)

Limits Established by the English Bill of Rights Monarchs DO NOT have absolute power—they must rule with the consent of the peoples’ representatives in Parliament… The monarch cannot suspend laws, raise taxes or maintain an army without Parliamentary consent… The monarch cannot interfere with the business of Parliament… The people have the right to a fair and speedy trial (Habeas Corpus). The people will not be subjected to cruel and unusual punishments or excessive fines and bail.

Hobbes Wrote Leviathan Father of Natural Rights State of nature is “nasty, brutish and short” and only the strong survive. First to introduce social contract theory Citizens surrender liberty to the government in exchange for protection from chaos Focused on individual freedoms with some protection from the government

Locke Wrote Two Treatises of Government Natural Rights Born free, equal and independent Social Contract Government that didn’t protect essential rights to life, liberty and property could be changed Popular Sovereignty

Montesquie Wrote The Spirit of Laws Limited Government Separation of Powers Legislative, Executive, Judicial Checks and Balances