Evolution of Individual Rights - Greeley Schools



Evolution of Individual Rights

|Time Period |Ideas re: Individuals or Individual Rights |

|Middle 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

|When/ Where |What/ Evolution |

|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,|Confirmed: |

|1628 |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 |1st colonial constitution |

|Connecticut, 1639 |Established a central legislative body for law making |

| |Authority from all free men living in area |

|Colonial vs. British |More universal suffrage |

|Elections |Choice in elections |

| |More frequent elections |

| |From district and considered agents of their constituents vs. whole nation |

|Massachusetts Body of |Secured rule of law and protection against abuse of power by magistrates |

|Liberties, 1641 |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, |Extended protections of Body of Liberties |

|Massachusetts, 1648 |Abolished primogeniture |

| |More humane treatment of convicted criminals and debtors |

| |Simplified judicial process |

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