Social Contract and the Rule of Law

what altered the peoples thoughts about their government and their relationship with it

writings of John locke and the legacy of British common law

collective action

about limiting power of monarch through concreted legislative efforts to enforce the rule of law

what did James I believe

kings ruled by the pleasure of god alone and so they don’t need to answer to anyone

what did Charles I do to parliament

dissolved it and ruled soley

when was English civil war

1642-1651arliemnt p

parliament side in the English civil war

maintained that law was primary and fundamental

king had to obey it

king side in the English civil war

royal absolutism

“divine rights of kings”

who won English civil war

parliament

Charles I beheaded

James II

public catholic that was going to rule over a protestant country

protestants favored

their religion and the power of parliament

catholics favored

the king and his authority

second treatise of gov

1690; locke

Lockes points in his book

state of nature

people come together to establish law

gov should only protect peoples natural rights

gov happens from consent of the people

right to revolution

locks implications of freedom

right of the individual to live ones own life and be ones own person w/o interference

when did the glorious revolution happen

1688

glorious revolution

revolted against James II

bloodless

thomas Hobbes book

leviathan (1651)

Leviathan views

absolute power of king - need one to maintain order

state of nature - solitary, brutish

social contract - king gets power from the people

state of nature

strip civilization away and they do not act well

a war of war against all (anarchy)

Mr Locke book

two treatises of gov (1690)

who was close to parliament

John locke

natural rights

life, liberty, and prosperity

what was the major worry of locke

proportional judgment

social contract (locke)

protects the rights of citizens through neutral judge

exists by consent

right of revolution

what type of gov was locke into

legislature- more powerful

mayflower compact

1620

social contract

made on the ship; saw the new world as a start of nature

what do you give up for a social contract

some of your rights

what came out of the glorious revolution

constitutional monarchy

English bill of rights

how was the law thought of in England

a companion to freedom

what did locke use to argue against the divine right of kings

rule of law

rule of law encompasses what principles

generality

prospectively

publicity

due process

consent

two parliament chambers in England

house of commons: elected by the wealthy and the middle class

House of Lords: represented the inherited aristocracy of England