Protestant Reformation: Reversals of Power 1500: Henry VIII – Catholic (sort of) : Edward VI – Protestant : Mary I (Bloody Mary) – Catholic : Elizabeth I – Protestant 1588: Spanish Armada destroyed : James I – Protestant : Charles I – Catholic : English Civil War 1649: Monarchy abolished by Oliver Cromwell's Roundheads : Charles II – Converted to Catholicism on deathbed : James II – Catholic 1689: “Glorious Revolution” : William of Orange and Queen Mary – Protestant 1500: Henry VIII – Catholic (sort of) : Edward VI – Protestant : Mary I (Bloody Mary) – Catholic : Elizabeth I – Protestant 1588: Spanish Armada destroyed : James I – Protestant : Charles I – Catholic : English Civil War 1649: Monarchy abolished by Oliver Cromwell's Roundheads : Charles II – Converted to Catholicism on deathbed : James II – Catholic 1689: “Glorious Revolution” : William of Orange and Queen Mary – Protestant

Human Rights development in England before colonization Edward 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 parliament” English Bill of Rights (1689) “...that the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law” “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

British “Constitution” Magna 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 rights English 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 “Constitution” Trial by jury (predates Magna Carta) Stare Decisis: Don't change past precedents, dependability and fairness in law Ban on “Ex Post Facto” laws: Don't pass a law criminalizing something that already happened “Habeas 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, Gulliver’s Travels

Declaration of Independence “We 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 governed” Asserts three things Asserts three things 1. There is a God 2. He gave us rights 3. People create government to protect rights

Goals of the law Based upon moral, economic, political and social values Desired outcomes of the law – 1. Protect human (individual) rights – 2. Promote fairness – 3. Resolve conflicts – 4. Promote order/stability – 5. Promote desirable social or economic behavior – 6. Represent the will of the majority – 7. Protect the rights of minorities (listed in the book, though it's identical to #1)

Constitutions contrasted Which one says that rights can be curtailed if the government has a really, really good reason? U.S. Constitution “Congress 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 “rights” U.S. Rights “endowed by our Creator” i.e., God Rights “inalienable” Bill of Rights defines government limits First Amendment: “Congress shall make no law...” U.N. No God mentioned Rights have exceptions UDHR defines limits of individual rights Article 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. Constitution 1. Separation of Powers: The break-up of government into different bodies, each with its own roles. – Legislative: Makes the laws – Executive: Enforces the laws – Judicial: Judges whether the law has been broken in a case 2. Checks and balances: A “stop” that each branch has on other branches of government – President: Veto – Congress: Veto override, impeachment – Supreme Court: Judicial review, declares unconstitutional laws null and void

Security in U.S. Constitution 3. Federalism: Distribution of government powers at different levels, some at the federal but most at the state and local levels (see 9 th and 10 th 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 Systems Common Law: Legal system based upon British traditions, followed by most English- speaking nations Civil 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 system Criminal 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.” Criminal 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.” 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 system Felony: More serious crimes (in Massachusetts, crimes that can result in a jail term) Misdemeanor: Less serious crimes

Terms from First Chapter Jurisprudence Common Law v. Civil Law Criminal laws v. Civil laws Felonies Statute Misdemeanors Civil action Prosecutor Beyond a reasonable doubt Plaintiff Defendant Judicial Review Separation of powers Federalism Bill of Rights Unconstitutional Preponderance of the evidence