Protestant Reformation: Reversals of Power1500: Henry VIII Catholic (sort of)1547-53: Edward VI Protestant1553-58: Mary I (Bloody Mary) Catholic1558-1603: Elizabeth I Protestant1588: Spanish Armada destroyed1603-25: James I Protestant1625-49: Charles I Catholic 1640-50: English Civil War1649: Monarchy abolished by Oliver Cromwell's Roundheads1660-1685: Charles II Converted to Catholicism on deathbed1685-88: James II Catholic1689: Glorious Revolution1689-1702: William of Orange and Queen Mary Protestant

Human Rights development in England before colonizationEdward Coke's Petition of Right (1623)No taxation without representation: no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliamentEnglish Bill of Rights (1689)...that the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by lawThat excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

British ConstitutionMagna Carta (1215): British nobles force King John on the southern England plain of Runnymede to sign this document (written in Latin) pledging to protect the rights of nobles (condemned by Pope)Petition of Right (1628): Written by the great common law exponent Edward Coke (pronounced cook), protected the rights of people and Protestant Parliament against King, restated Magna Carta and rightsEnglish Bill of Rights (1689): Parliament forced Prince William to sign before taking the crown from last Catholic King James II, model for U.S. Bill of Rights

Common law concepts from British ConstitutionTrial by jury (predates Magna Carta)Stare Decisis: Don't change past precedents, dependability and fairness in lawBan on Ex Post Facto laws: Don't pass a law criminalizing something that already happenedHabeas Corpus: No imprisonment without a court hearing

Development of Common law[Stare decisis] is a maxim among ... lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind. Jonathan Swift, Gullivers Travels

Declaration of IndependenceWe hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governedAsserts three things1. There is a God2. He gave us rights3. People create government to protect rights

Goals of the lawBased upon moral, economic, political and social valuesDesired outcomes of the law1. Protect human (individual) rights2. Promote fairness3. Resolve conflicts4. Promote order/stability5. Promote desirable social or economic behavior6. Represent the will of the majority7. Protect the rights of minorities (listed in the book, though it's identical to #1)

Constitutions contrastedWhich one says that rights can be curtailed if the government has a really, really good reason?U.S. ConstitutionCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Soviet Constitution (1977)Citizens of the USSR enjoy in full the social, economic, political and personal rights and freedoms proclaimed and guaranteed by the Constitution of the USSR and by Soviet laws. The socialist system ensures enlargement of the rights and freedoms of citizens Enjoyment by citizens of their rights and freedoms must not be to the detriment of the interests of society or the state...

Contrast between U.S. and United Nations rightsU.S.Rights endowed by our Creator i.e., GodRights inalienableBill of Rights defines government limitsFirst Amendment: Congress shall make no law ...U.N.No God mentionedRights have exceptionsUDHR defines limits of individual rightsArticle 29: In the exercise of his rights, everyone shall be subject only to such limitations as are determined by law...

How else would rights be taken by government except ... by law?

Security in U.S. Constitution1. Separation of Powers: The break-up of government into different bodies, each with its own roles.Legislative: Makes the lawsExecutive: Enforces the lawsJudicial: Judges whether the law has been broken in a case2. Checks and balances: A stop that each branch has on other branches of governmentPresident: VetoCongress: Veto override, impeachmentSupreme Court: Judicial review, declares unconstitutional laws null and void

Security in U.S. Constitution3. Federalism: Distribution of government powers at different levels, some at the federal but most at the state and local levels (see 9th and 10th Amendments)4. Enumeration of Powers: A list of powers the government has and can't go beyond (most powers are listed in Article I, Section 8 of U.S. Constitution)5. Bill of Rights: A list of things government can't do.

Legal SystemsCommon Law: Legal system based upon British traditions, followed by most English-speaking nationsCivil Law: Legal System based upon Roman legal system, followed by most other nations.Definition of Civil Law in common law countries: Civil law connotes torts, i.e., lawsuits, as opposed to criminal law.

Common law systemCriminal law: When an individual is charged with doing a wrong against all of society everyone and is charged by the state. The standard of evidence for conviction is beyond a reasonable doubt.Civil law: When an individual is charged with causing a harm to a particular individual in society (or group in society) and is sued in court. The standard of evidence for a decision is beyond a preponderance of evidence.

Criminal law systemFelony: More serious crimes (in Massachusetts, crimes that can result in a jail term)Misdemeanor: Less serious crimes

Terms from First ChapterJurisprudenceCommon Law v. Civil LawCriminal laws v. Civil lawsFeloniesStatuteMisdemeanorsCivil actionProsecutorBeyond a reasonable doubt

PlaintiffDefendantJudicial ReviewSeparation of powersFederalism Bill of RightsUnconstitutionalPreponderance of the evidence

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