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Monday, January 23rd

• For help with lecture, readings, help with essays, and test preparation, visit 173A SWKT (The American Heritage Review Room. It is open from 9:00 am to 4:00 pm, Monday through Friday. There is an hourly topic review at **:30.

• Draft of essay #1 due: Thursday or Friday, February 2 or 3 • Post electronic version online at Turn-It-In on Blackboard prior

to lab.• Submit two hard copies at the beginning of lab.• Late penalties:

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The English Legacy

The English Legacy 2

Outline• Importance of events and ideas• Events: English political experience

• Conflict between monarch and subjects (Parliament)• Glorious Revolution of 1688• English Bill of Rights (1689)

• Ideas:• John Locke

• Rule of law


Influence of events and ideas• Important to realize how much perceptions and views are affected by events and ideas.

• How have the following affected the world?• The fall of the Berlin wall in 1989• The 9/11 attacks in the U.S.• The recent events in the Middle East (the “Arab Spring”)

• The interplay of events and ideas has been critical throughout history.


Influence of events and ideas• Views of the relationship between the monarch and his subjects changed greatly in England from the 13th through the 18th centuries.

• Significant movement away from the idea of absolute monarchy toward individual freedom.

• This change of views was effected by the interplay of both ideas and events.


Events: Magna CartaMagna Carta (1215): the beginning of constitutional law in England• Agreement between King John

and barons; constrained power of the King

• Specified that the King was bound by law

• Principles refined and extended over the years


Events: Political Struggles of 17th Century England

• James I (1603-1625) & Charles I (1625-1649) [Stuarts] • Claimed to rule by “divine

right”• Conflict with Parliament


James I

Charles I


• Civil War of 1642-1649• Charles I beheaded• Oliver Cromwell ruled as virtual dictator

until his death in 1658 (“Lord Protector”) • Colonists learned two things:

• King could be overthrown• Royal power might be replaced by

something worse


Oliver Cromwell


• The Restoration• Stuarts were restored to a

weakened throne (1660)• Charles II (1660-1685)

followed by brother James II (1685-1688)

• Conflict continued


Charles II

James II


• Glorious Revolution of 1688• James II fled to France

• English Bill of Rights (1689)• Firmly established supremacy of

Parliament• William and Mary appointed as joint monarchs



• Colonists considered themselves English with all the rights of Englishmen.

• Consequently, all of these events directly affected them


Ideas

• Ideas and events tend to move together• Many important thinkers; we focus on just one who was particularly influential for Americans.


Ideas• John Locke (1632-1704)

• Influential English philosopher• In exile in Holland before the Glorious

Revolution• Second Treatise on Government

(1689)• His ideas had great impact on

American Founders


Locke on Sovereignty

•Locke addressed the question of sovereignty: Where does the ultimate authority to rule lie?

Locke on Sovereignty•Various options

• God Kings (Monarchy)

Video: Monty Python

•Sophisticated discussion of sovereignty.

•Who has ultimate authority? Upon what is that authority based?


• God Kings (Monarchy)• Religion Priests (Theocracy)

• Iran: Ayatollah Ali Khamenei

• Legitimacy through Religious Authority: Theocracy


• God Kings (Monarchy)• Religion Priests (Theocracy)• Talents, Wisdom Elite (Aristocracy)

•Locke’s view • The People Elected Representatives (Democracy)

Locke on Liberty• Locke’s Argument (Second Treatise)

• Natural rights: life, liberty, property.• “State of nature” may not preserve rights.• Men create a “social compact” (government) to secure natural rights.

• Government’s sole purpose: protect people’s natural rights.

• Government exists only with consent of governed.• If government violates the contract, people have the right (and duty) to revolt.

Rule of Law• Locke’s emphasis on the sovereignty of the people led to the concept of the rule of law as opposed to the rule of will.

• Locke: “Freedom is this: freedom of men under government, to have a standing rule to live by, common to every one of that society and made by the legislative power erected in it, a liberty to follow my own will in all things where the rule proscribes not, and not to be subjected to the inconstant, uncertain, unknown, arbitrary will of another man.”


Rule of Law“Government in all its actions is bound by rules fixed and announced beforehand ─ rules which make it possible to foresee with fair certainty how the authority will use its coercive powers in given circumstances, and to plan one’s individual affairs on the basis of this knowledge.”

F. A. Hayek

Principles of the Rule of Law

• Generality• Prospectivity• Publicity• Consent• Due Process


iClicker QuestionOn the day of the big BYU-Utah football game in Salt Lake City, police are only pulling over and giving tickets to cars with BYU stickers. Which rule of law principle does his violate?A. GeneralityB. ProspectivityC. PublicityD. ConsentE. Due Process