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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