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By Susan Ford Wiltshire
Susan Ford Wiltshire strains the evolution of the doctrine of person rights from antiquity during the eighteenth century. the typical thread via that lengthy tale is the idea of common legislation. becoming out of Greek political proposal, specifically that of Aristotle, typical legislations turned an enormous guideline of Stoic philosophy throughout the Hellenistic age and later grew to become hooked up to Roman criminal doctrine. It underwent numerous changes throughout the center a long time at the Continent and in England, specifically within the considered John Locke, sooner than it got here to justify a thought of ordinary correct, claimed by way of Jefferson within the announcement of Independence because the foundation of the "unalienable rights" of usa citizens.
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Extra resources for Greece, Rome, and the Bill of Rights
Example text
9 The most difficult obstacle for Christianity in appropriating Stoicism was the materialistic basis of Stoic philosophy. The universe and everything in it, even divine Providence itself, was considered by the Stoics to be actual and material rather than abstract or ideal. Medieval Christian writers dealt with this materialism in various ways. Influenced by Cicero and Seneca, Lactantius interpreted biblical texts in the light of Stoic materialism almost unconsciously. 10 Stoicism had to be reconciled with Christianity in another important respect.
By postulating a moral basis to law, he hoped to mantle law with immunity to the whims of the people and the vicissitudes of the times. He had argued in Pro Cluentio 146 that we are slaves of the law so that we may be free: legum idcirco omnes servi sumus ut liberi esse possimus. If we are to be slaves of law, then the law must be supremely good. Cicero is rightly considered the father of natural law in terms of its impact on the West through Roman law. According to Paul MacKendrick, Cicero fixed in our political theory these seminal ideas: that the law is the standard of justice; that there is a necessary connection between power and responsibility; that law rises out of community traditions in an organic manner; that power resides in the people; and that there is an intimate connection between the rule of law and high moral character.
Amendment I: The Basic Freedoms 103 7. Amendments II and III: Bearing Arms and Quartering Soldiers 132 8. Amendment IV: Search and Seizure 146 9. Amendments V, VI, VII, and VIII: Judicial Process 150 10. Amendments IX and X: Retained Rights and Reserved Powers 168 Page vi Conclusion 184 Notes 187 Sources Cited 215 American Political Thought and the Classics: A Bibliography 229 Index 239 Page vii PREFACE This book began as part of a symposium on the classics and the United States Constitution, held at Boston University in 1989 in honor of Meyer Reinhold on his eightieth birthday.