Development of Governments

I. Introduction

A. As civilizations developed, so did their governments.

1. Written laws became more common and more sophisticated.

2. Three well-known sets of laws that show the development of written laws are Hammurabi's Code, the Justinian Code, and the Magna Carta.

B. Hammurabi's Code

1. is believed to be the first example of written laws. The code was created around 1780 B.C. on stone.

2. It is a set of laws for Ancient Babylon, where Hammurabi was a ruler.

3. The laws deal with both criminal and civil matters, and were displayed in public on a stone monument so that his citizens could not plead ignorance of the law.

C. Justinian Code1. During the Byzantine empire, Emperor Justinian

ordered legal materials to be collected and made into the basic law in all civil areas.

2. These laws provided the basis of Canon law of the Christian church.

3. The code came in three parts, one called the Servitude of the Jews. This part allowed the emperor to decide internal Jewish affairs, disqualified Jews from public office, and disallowed Jews to testify against Christians.

D. Magna Carta

1. Created in England, originally because of disagreements between the Pope and King John.

2. The Magna Carta required the kind and aristocracy to renounce certain rights and respect the law of the land—binding the king by law.

3. It was renewed and modified through the 17th and 18th centuries. Most, if not all, common law countries have been influenced by the Magna Carta, making it one of the most important legal documents in the history of Democracy.

4. The U.S. constitution and Bill of Rights were directly influenced by the Magna Carta.

II. Early Forms of GovernmentA. British Common Law

1. law based on tradition or past court decisions rather than written statues impacted US law by establishing the idea of accepting past court decisions as authoritative in cases where no formal law exists or is considered vague

B. Declaration of Independence

1. principles from the House of Burgesses were used to create this document to declare independence from Great Britain

C. House of Burgesses

1. Virginia’s House of Burgesses was modeled after British Parliament and became the first representative body of government in the colonies

D. Mayflower Compact

1. a document which guaranteed the people a voice in government in Massachusetts

E. The Iroquois Nation’s Constitution

1. stems from the union of the Iroquois tribes of the northeast to make them the dominant tribe.

2. Their union inspired Benjamin Franklin to propose the Albany Plan of Union in 1754 – a plan to strengthen British colonial ties with the Iroquois as well as attempt to imitate what they had accomplished by better unifying the colonies.

3. The plan was rejected, however, some of the principles were a model for the US government that formed later.

F. U.S. Constitution

1. principles from the House of Burgesses were used to create this document along with the Declaration of Independence which would establish the US government.

III. Types of LawsA. Legal Codes: Draconian Laws

1. In 621 BC, a man named Draco drafted the ancient Greeks’ first written code of law. This gave a voice to the common people because it allowed them to appeal to written laws rather than upper-class judges

B. Moral Codes

1. set of guidelines stating what is morally “right/wrong” and directing people how they should live

C. Ten Commandments

1. from the Mosaic Law which are recorded in the Bible and have influenced not only Israel, but all societies in which Judaism and/or Christianity have had an impact

Age of Reason

Philosophers, Thinkers, and other Influential People

Introduction

• The Age of Reason is a time period that includes the Age of Enlightenment. It is a time of knowledge and learning, as well as a time of political change. During the Age of Reason, several thinkers and philosophers influenced modern democratic thought and institutions.

John Locke• English philosopher who argued a government is

only legitimate if it receives the consent of the governed and protects the natural rights of life, liberty, and estate.

• His idea of a social contract directly influenced American democracy and democratic thought.

Charles-Louis Montesquieu

• French political thinker who is known for his theory of separation of powers between a legislative, executive, and judiciary branch. Each branch may also be able to place limits on the power of the other two (checks and balances)

American founders

• the founders of the United States borrowed the above ideas and other, choosing to create an elected, representative government instead of creating a monarchy. This form is often a model for newly democratic countries.

Jean Jacques Rousseau

• promoted equality, a principle on which the Declaration of Independence was based

Voltaire

• a French philosopher who supported free speech, freedom of expression, and freedom of religion.

Ideas from the Magna Carta

English Bill of Rights

• the English Bill of Rights supplements the Magna Carta. The Magna Carta limits the governmental powers of the crown in England, and the English Bill of Rights lists certain constitutional requirements where the Crown must get consent from Parliament before acting.

American Government

• the Magna Carta has a direct influence on the Declaration of Independence and the U.S. Constitution. The Magna Carta limits governmental powers and also lists the rights of citizens, including legal rights in trials.