Prologue NotesThe Rise of Democratic Ideas

2015

Hammurabi's Code of Law

• One of the earliest Code’s of Law that influences us today.

Athens, Greece• Democracy: “rule of the People”• Did not want to be ruled by authoritarian rulers• Citizens were the men who owned land or that had certain rights• Direct democracy: citizens make and pass laws (citizen

participation)• Pericles made reforms to get poor people to serve in government• paid jurors and public officials

• Three branches of government:1. Executive 2. Legislative3. Judicial

Rome developed a republic

•509 BC set up a republic•Citizens had the right to elect leaders, PARTICIPATION•Voting of free males•Twelve Tables: 451 BC written code of laws•Senate: legislative

•Basics of Roman Law:1.Equal treatment under the law2.Innocent until proven guilty3.Burden of proof rests on the accuser

rather than the accused4.Any law that seems unreasonable or

unfair can set aside

Code of Justinian, A.D. 528

•Today’s laws can be traced back•Codification of Roman Law•New (for the time) uniform legal code•Impacted all of Western Europe

Judeo-Christian Tradition• Judaism (one God) – a dignity and worth of the individual, because each person has the potential to be the savior (a divine spark); combat oppression through community involvement•Christianity: Jesus emphasized God’s personal relationship with individuals; equality of all people; combat oppression

Judeo-Christian Tradition

•Christianity spread through Roman Empire•Constantine, Roman Emperor: made Christianity official religion of Rome•Diaspora: spreading of Jews throughout the world•Pax Romana: Roman Peace…spread Christianity

Ten Commandments•God gave them to the Jews•Laws dealing with moral and ethical rather than politics

Renaissance•Renaissance: “rebirth”•Rebirth of old Greece and Roman stuff (democracy)•Worth of the individual

Reformation•To reform the Catholic Church•Protested teachings•Emphasis on people reading and understanding God’s word for themselves• If a person can think for himself about going to heaven, then he can also think for himself and learn to govern

England•William the Conqueror, 1066•Start of democratic type stuff

• Juries and Common Law (customs & principles established over time)•Magna Carta•Limits on kings power•King cannot tax without consent•King cannot raise an army or quarter troops

EnglandHabeas Corpus: charge and bring to court; it's in the US Constitution•Petition of Right, 1628: against absolute monarchy, important in influencing future constitutions

Magna Carta, 1215• Treaty between King John and the barons (nobility)•Major source for English individual rights and liberties• 800th anniversary• Defined and limited the kings authority•Monarchs had to govern according to law, not arbitrarily

• Declared Rights of “free men” (property holding men)• Due process of the law• Idea of God Given Rights… US Constitution•Monarch could only tax with consent

Parliament grows stronger•King had to go through parliament to get taxes passed•Petition of Right: 1628

1. No taxation without consent of Parliament2. Could not illegally imprison citizens (due

process of law)3. No housing of troops in citizen’s home4. No army in peacetime

Glorious Revolution•William and Mary of Orange were invited to be dual

monarchs• Signed the English Bill of Rights, 1689• Limited monarchy power

1. No martial law2. No tax without Parliament consent3. Can’t raise an army in peace time

• Freedom of speech• Influenced colonies• Influenced U.S. Bill of Rights

Enlightenment•Enlightenment: principles of reason and science•At the same time, Age of Exploration, Scientific Revolution•Equality and value of all people

Enlightenment Philosophers•Hobbes: liked absolute monarchy , but he described social contract (agreement among members of society to submit to a ruler)•Locke: people have right to rebel. • LIFE, LIBERTY, and PROPERTY•Government comes from the people, self-government•Natural rights (GOD given)

Enlightenment Philosophers

•Rousseau: philosopher, “government came from the consent of the governed” advocated democracy… The Social Contract•Montesquieu: philosopher “liberty is a natural right”; separation of powers (3 branches)

US Constitution• It has affected, inspired, and modeled democracy around the world for more than 200 years•Representative government•Federal system: national and state governments (layers of govt)•Checks and balances•Separation of powers (3 branches)

French Revolution, 1789

•Declaration of the Rights of Man and the Citizen•Democracy is difficult to acheive

Modern times

•Most people now think democracy is the best form of government•After the breakup of the Soviet Union, 15 new republics were formed