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Often appears with: justice as a virtue · crime and punishment · sin, guilt, and repentance · equity, mercy, and pardon · the nature and attributes of God · reason and the intellect · forms of government · rights and liberties · religious persecution and toleration · matter, motion, and cause · fate, destiny, and necessity · duty, conscience, and obligation
Usually: argument (210) · detachment (105) · skepticism (80) · injustice endured (55) · exhortation (45) · censure (41) · indignation (40) · curiosity (37) · reflection (28) · reverence (23)
“Nothing is demonstrable, unless the contrary implies a contradiction. Nothing, that is distinctly conceivable, implies a contradiction.” David Hume, Dialogues Concerning Natural Religion · precept
“Naturalists indeed very justly explain particular effects by more general causes, though these general causes themselves should remain in the end totally inexplicable; but they never surely thought it satisfactory to explain a particular effect by a particular cause, which was no more to be accounted for than the effect itself.” David Hume, Dialogues Concerning Natural Religion · insight
“A purpose, an intention, a design, strikes every where the most careless, the most stupid thinker; and no man can be so hardened in absurd systems, as at all times to reject it.” David Hume, Dialogues Concerning Natural Religion · insight
“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.” Thomas Jefferson, The Declaration of Independence of the United States · precept
“Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
“To bereave a man of life, says he, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore A MORE DANGEROUS ENGINE of arbitrary government.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · observation
“I am myself; you are yourself; we are two distinct persons, equal persons.” Frederick Douglass, My Bondage and My Freedom · precept
“A master is one—to speak in the vocabulary of the southern states—who claims and exercises a right of property in the person of a fellow-man.” Frederick Douglass, My Bondage and My Freedom · observation
“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.” Thomas Jefferson, United States Declaration of Independence · precept
“But when a judge contests a law applied to some particular case in an obscure proceeding, the importance of his attack is concealed from the public gaze, his decision bears upon the interest of an individual, and if the law is slighted it is only collaterally.” Alexis de Tocqueville, Democracy in America — Volume 1 · insight
“When I refuse to obey an unjust law, I do not contest the right which the majority has of commanding, but I simply appeal from the sovereignty of the people to the sovereignty of mankind.” Alexis de Tocqueville, Democracy in America — Volume 1 · insight
“It is a truly wonderful fact—the wonder of which we are apt to overlook from familiarity—that all animals and all plants throughout all time and space should be related to each other in group subordinate to group.” Charles Darwin, On the Origin of Species By Means of Natural Selecti · observation
The passage continues Sura V with rulings against disbelievers, judicial fairness, instructions to judge by God’s revelation, and a series of comparisons among God’s law, Torah, and the Quran.
that the sovereignty of the Heavens and of the Earth is God's? He chastiseth whom He will, and whom He will He forgiveth. And God hath power over all things. O Apostle! let not those who vie with one another in speeding to infidelity vex thee;-of those who say with their mouths, "We believe," but whose hearts believe not;-or of the Jews listeners to a lie-listeners to others-but who come not to thee. They shift the …
From Lord’s Day through the next days Pepys hears Monk’s movements around Whitehall, St Paul’s, and churches, Parliament shifting an oath to a promise, and new rules limiting who may be chosen for Parliament.
it. At one end of the street you would think there was a whole lane on fire, and so hot that we were fain to keep on the further side. 12th. In the morning, it being Lord's day, to White Hall, where Dr. Hones preached; but I staid not to hear, but walking in the court, I heard that Sir Arth. Haselrigge was newly gone into the City to Monk, and that Monk's wife removed from White Hall last night. After dinner I hea…
Pepys meets Mr. Prin about reforms to simplify English law, reads law at Mr. Evelyn’s, reviews his finances, and discusses a relative’s limitations serving as a Justice of the Peace under Quaker legislation.
of it, is to be imputed to him. The fleet is not yet gone from the Nore. The plague encreases in many places, and is 53 this week with us. 13th. Into St. Margett's [St. Margaret's.] Church, where I heard a young man play the fool upon the doctrine of Purgatory. 16th. I to my Lord Crowe's, who is very lately come to town, and he talked for half an hour of the business of the warr, wherein he is very doubtful, fro…
The editor argues that the crucifix question was really about a varnished print, criticizes Parliament’s intrusion into personal liberty, and supplies a Shaftesbury letter explaining his imperfect memory.
and brings me my print of the Passion, varnished by him, and the frame which is indeed very fine, though not so fine as I expected; but pleases me exceedingly." Whether he had or had not a crucifix in his house was a matter for himself alone, and the interference of the House of Commons was a gross violation of the liberty of the subject. In connection with Lord Shaftesbury's part in this matter, the late Mr. W. D.…
The Declaration of Independence argues that people should declare separation when governments become destructive, then lists King George III’s repeated usurpations against the American colonists as evidence for dissolving ties to Britain.
Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. 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, Gover…
The Declaration explains why a people may separate from another government, asserting self-evident equality, natural unalienable rights, and the right/duty to alter or abolish destructive governments, then frames Britain’s king as driving a tyrannical pattern with listed abuses.
The Declaration of Independence of The United States of America When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should …
Telemachus refuses to expel Penelope against her will, arguing it would bring vengeance from her father Icarius and gods; he appeals for restitution, then two eagles’ attack is interpreted as an omen of doom for the suitors.
but for thee regret for thy much livelihood. But we will neither go to our own lands, nor otherwhere, till she marry that man whom she will of the Achaeans.” Then wise Telemachus answered him, saying: “Antinous, I may in no wise thrust forth from the house, against her will, the woman that bare me, that reared me: while as for my father he is abroad on the earth, whether he be alive or dead. Moreover it is hard for …
Darwin argues that natural selection increases small differences between varieties into larger differences, explaining why many related species and genera exist, with divergence and extinction shaping the classification of all living things.
distinguishing varieties of the same species, will steadily tend to increase till they come to equal the greater differences between species of the same genus, or even of distinct genera. We have seen that it is the common, the widely-diffused, and widely-ranging species, belonging to the larger genera, which vary most; and these will tend to transmit to their modified offspring that superiority which now makes them…
He claims temperate plants and some animals migrated into intertropical regions during the Glacial period, then re-migrated upward or back as warmth returned, with north-to-south migrations favored by land extent and competitive advantage.
the tropical lowlands were clothed with a mingled tropical and temperate vegetation, like that now growing with strange luxuriance at the base of the Himalaya, as graphically described by Hooker. Thus, as I believe, a considerable number of plants, a few terrestrial animals, and some marine productions, migrated during the Glacial period from the northern and southern temperate zones into the intertropical regions, …
Moses urges Israel to keep God’s ordinances without adding or subtracting, to remember Baal Peor’s judgment, and explains that keeping the laws will demonstrate wisdom before the nations, recalling Horeb’s fire and covenant.
And now hearken Israel unto the ordinances and laws which I teach you, for to do them, that ye may live and go and conquer the land which the LORD God of your fathers giveth you. Ye shall put nothing unto the word which I command you neither do ought therefrom, that ye may keep the commandments of the LORD your God which I command you. Your eyes have seen what the LORD did unto Baal Peor: for all the men that followe…
It warns not to add to or subtract from God’s commanded practices, contrasting them with pagan nations that burn sons and daughters as offerings to their gods.
For they burnt both their sons and their daughters with fire unto their gods. But whatsoever I command you that take heed ye do: and put nought thereto, nor take ought there from.
Paul continues Romans: God judges impartially, rewards deeds, and explains that Jews and Gentiles alike are accountable, focusing on the moral failure of those who rely on the law.
the judgement of God? Other despisest thou the riches of his goodness and patience, and long sufferance? and rememberest not how that the kindness of God leadeth thee to repentance? But thou after thine hard heart that cannot repent, heapest thee together the treasure of wrath against the day of vengeance, when shall be opened the righteous judgement of God, which will reward every man according to his deeds, that i…
Paul’s first letter to Timothy begins with instructions for sound doctrine, warning against myths and endless genealogies, clarifying lawful use of the law, and recounting Paul’s own mercy despite past blasphemy.
tyrant. Nevertheless I obtained mercy because I did it ignorantly, in unbelief: but the grace of our lord was more abundant, with faith and love, which is in Christ Iesu. This is a true saying, and by all means worthy to be received, that Christ Iesus came into the world to save sinners, of whom I am chief: Notwithstanding unto me was mercy given, that Iesus Christ should first shew on me all long patience, unto the…
It quotes Jeremiah on the new covenant written on minds and hearts, then describes the tabernacle’s two veils and sacrificial system as temporary, pointing to Christ’s purification by his own blood.
I took them by the hands, to lead them out of the land of Egypt, for they continued not in my testament, and I regarded them not saith the lord. For this is the testament that I will make with the house of Israhell: After those days (saith the lord:) I will put my laws in their minds, and in their hearts, I will write them, and I will be their God, and they shall be my people. And they shall not teach, every man his…
At Rome’s senate, Spurius Postumius argues that the Roman people is not bound by an unapproved peace, so consuls should surrender themselves to free the religious obligations and resume war legally.
Valerius Corvus, who elected consuls Quintus Publilius Philo, and Lucius Papirius Cursor a second time; a choice universally approved, for there were no commanders at that time of higher reputation. 8. They entered into office on the day they were elected, for so it had been determined by the fathers. When the customary decrees of the senate were passed, they proposed the consideration of the Caudine peace; and Publ…
Carthaginian senators answer the Roman embassy by reframing the dispute as one of right versus treaty terms, arguing about what treaties bind, and finally accept war when Rome offers it in a symbolic choice.
when he again, unfolding his robe, said "he gave war," they all answered that "they accepted it, and would maintain it with the same spirit with which they accepted it." 19. This direct inquiry and denunciation of war seemed more consistent with the dignity of the Roman people, both before and now, especially when Saguntum was destroyed, than to cavil in words about the obligation of treaties. For if it was a subjec…
In Federalist No. II, John Jay tells New Yorkers that since people must surrender some natural rights to create government, America should decide between one federal nation or multiple confederacies, rejecting division as unsafe.
To the People of the State of New York: When the people of America reflect that they are now called upon to decide a question, which, in its consequences, must prove one of the most important that ever engaged their attention, the propriety of their taking a very comprehensive, as well as a very serious, view of it, will be evident. Nothing is more certain than the indispensable necessity of government, and it is e…
He claims the proposed Constitution makes enumerated federal laws the supreme law and binds state officers by oath, incorporating state legislatures and magistrates into national enforcement without needing constant force.
are the natural offspring of the very frame of the government; and that as often as these happen, they can only be redressed, if at all, by war and violence. The plan reported by the convention, by extending the authority of the federal head to the individual citizens of the several States, will enable the government to employ the ordinary magistracy of each, in the execution of its laws. It is easy to perceive that…
Hamilton responds to opponents attacking the Necessary and Proper Clause and the Supremacy Clause, insisting they merely declare truths already implied by creating a federal government with specified powers.
a general power of taxation upon the Union? It is evident that this could not have been the intention, and that it will not bear a construction of the kind. As to a supposition of repugnancy between the power of taxation in the States and in the Union, it cannot be supported in that sense which would be requisite to work an exclusion of the States. It is, indeed, possible that a tax might be laid on a particular art…
Madison applies rules of legal interpretation to reconcile the convention’s commission: if a national government was the essential end, then authorized alterations and new provisions can change details without exceeding delegated power.
to frame a NATIONAL GOVERNMENT, adequate to the EXIGENCIES OF GOVERNMENT, and OF THE UNION; and to reduce the articles of Confederation into such form as to accomplish these purposes. There are two rules of construction, dictated by plain reason, as well as founded on legal axioms. The one is, that every part of the expression ought, if possible, to be allowed some meaning, and be made to conspire to some common end.…
He argues that the Constitution’s specific liberty safeguards—especially habeas corpus, the prohibition of ex post facto punishment, and the exclusion of titles of nobility—are at least as important as New York’s own provisions.
Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.” It may well be a question, whether these are not, upon the whole, of equal importance with any which are to be found in the constitution of this State. The establishment of the writ of habeas corpus, the prohibition of ex-post-fact…
He concludes that because perfection is unattainable in government, critics must show the whole plan is harmful rather than that particular provisions are not the best imaginable.
likely often to be verified, yet it ought not to be forgotten that the demon of faction will, at certain seasons, extend his sceptre over all numerous bodies of men. But though one or the other of the substitutes which have been examined, or some other that might be devised, should be thought preferable to the plan in this respect, reported by the convention, it will not follow that the Constitution ought for this r…
He explains why courts need not be superior to the legislature to invalidate unconstitutional statutes, insisting the people’s constitution is supreme and courts should prefer it over statutes.
judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified in a familiar instance. It not uncommonly happens, that there are two statutes existing at one time, clashing in whole or in part with each o…
Hamilton urges voters to judge and act according to conscience, then argues amendments will be easier after ratification because altering the Constitution requires a new adoption of the whole system otherwise.
the very existence of the nation; and let him remember that a majority of America has already given its sanction to the plan which he is to approve or reject. I shall not dissemble that I feel an entire confidence in the arguments which recommend the proposed system to your adoption, and that I am unable to discern any real force in those by which it has been opposed. I am persuaded that it is the best which our pol…
The text continues with covenant theology and biblical precedent, rejects Christian and Jewish claims about God’s favor, commands judgment by God’s revealed law, and asserts that believers and scripture-people must follow the Qur’an’s guidance.
But they who are Infidels and treat our signs as lies–these shall be mated with Hell fire. O Believers! recollect God's favour upon you, when11 certain folk were minded to stretch forth their hands against you, but He kept their hands from you. Fear God then: and on God let the faithful trust. Of old did God accept the covenant of the children of Israel,12 and out of them we raised up twelve leaders, and God said, …
It warns the Prophet not to be distressed by hypocrites and false listeners, insists judges fear God over people, describes Torah and Gospel as guidance with delegated authority, commands equitable judgment, and rejects pagan ignorance as a standard for law.
that the sovereignty of the Heavens and of the Earth is God's? He chastiseth whom He will, and whom He will He forgiveth. And God hath power over all things. O Apostle! let not those who vie with one another in speeding to infidelity vex thee;–of those who say with their mouths, "We believe," but whose hearts believe not;–or of the Jews listeners to a lie–listeners to others–but who come not to thee. They shift the …
It continues with notes on Marius and Metellus’ associates and Roman legal/military customs—citizenship protections, Latins and Porcian law, discipline, and criticisms of Sallust’s portrayal of Turpilius.
is nowhere else mentioned. Strabo (xvii. 3, p. 488, Ed. Tauch.) speaks of a place named [Greek: *Tisiaioi*], which was utterly destroyed, and not a vestige of it left." *Gerlach*. [183] LXIII. Sacrificing to the gods--*Per hostias dis supplicante.* Supplicating or worshiping the gods with sacrifices, and trying to learn their intentions as to the future by inspection of the entrails. "Marius was either a sincere bel…
Douglass explains to Thomas Auld why he resolved, as a child, to run away after witnessing family separation and brutal whippings, arguing slavery violates the natural equality and autonomy of persons.
was sufficient; my mind was made up. I embraced the golden opportunity, took the morning tide at the flood, and a free man, young, active, and strong, is the result. I have often thought I should like to explain to you the grounds upon which I have justified myself in running away from you. I am almost ashamed to do so now, for by this time you may have discovered them yourself. I will, however, glance at them. When…
In an anti-slavery lecture section, Douglass defines the master-slave legal relation as property rights enforced by law and religion, describing slaves as deprived of family, rights, and even education.
have been, and still are, the indignities offered to my manhood—I find in them no excuse for the slightest departure from truth in dealing with any branch of this subject. First of all, I will state, as well as I can, the legal and social relation of master and slave. A master is one—to speak in the vocabulary of the southern states—who claims and exercises a right of property in the person of a fellow-man. This he …
Las Casas broadens the indictment, arguing Spanish wars depopulate regions like Panuco, Futepeca, Ipilcingonium, and Columa, compel oaths to Spain, brand noncompliance as rebellion, and thereby nullify the king’s rightful claims.
invalidate and make it null and void. And these are the worthy Services which the Spaniards do for our Kings in those Countries, by the injust and colourable pretences aforesaid. This Tyrant upon the same pretext sent two other Captains, who exceeded him in impiety and cruelty, if possible to the most flourishing and Feril (in Fruits and Men) Kingdoms of *Guatemala*, Situate toward the South, who had also received O…
Locke describes the state of nature as perfect freedom and equality, where people may dispose of themselves and possessions within natural law, and cannot harm themselves or others.
be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another. Sect. 7. And that all men may be restrained from invading others rights, and from doing hurt to one another, and the law of nature be observed, which willeth the peace and preservation of all mankind, the execution of the law of nature is, in that state, put i…
In the state of nature, each person can execute natural law by punishing transgressors, but punishment must be proportionate and aims at reparation and restraint rather than arbitrary cruelty.
of any community can punish an alien of another country; since, in reference to him, they can have no more power than what every man naturally may have over another. Sect, 10. Besides the crime which consists in violating the law, and varying from the right rule of reason, whereby a man so far becomes degenerate, and declares himself to quit the principles of human nature, and to be a noxious creature, there is comm…
Locke argues every man has a right to punish because each can respond to violations of natural law, and he connects this to the idea that a murderer may be killed to deter and protect others.
criminal, that after the murder of his brother, he cries out, Every one that findeth me, shall slay me; so plain was it writ in the hearts of all mankind. Sect. 12. By the same reason may a man in the state of nature punish the lesser breaches of that law. It will perhaps be demanded, with death? I answer, each transgression may be punished to that degree, and with so much severity, as will suffice to make it an ill…
Locke maintains that men are naturally in a state of nature until they consent to join a political society, using Hooker to argue natural law binds even without formal agreements.
OF THE STATE OF WAR. Sect. 16. THE state of war is a state of enmity and destruction: and therefore declaring by word or action, not a passionate and hasty, but a sedate settled design upon another man’s life, puts him in a state of war with him against whom he has declared such an intention, and so has exposed his life to the other’s power to be taken away by him, or any one that joins with him in his defence, and …
Locke argues that supreme legislative authority must not rule by arbitrary temporary decrees, but must deliver justice using promulgated standing laws and authorized judges.
actions, that they be no hindrance unto the common good, for which societies are instituted. Unless they do this, they are not perfect. Hooker’s Eccl. Pol. l. i. sect. 10.) Sect. 136. Secondly, The legislative, or supreme authority, cannot assume to its self a power to rule by extemporary arbitrary decrees, but is bound to dispense justice, and decide the rights of the subject by promulgated standing laws, and known…
Locke argues that where legislative and executive powers are separate, the executive must have discretion to act for the community’s good when laws cannot foresee or cover every case, including suspending strict legal severity and granting pardons to preserve all members.
OF PREROGATIVE. Sect. 159. WHERE the legislative and executive power are in distinct hands, (as they are in all moderated monarchies, and well-framed governments) there the good of the society requires, that several things should be left to the discretion of him that has the executive power: for the legislators not being able to foresee, and provide by laws, for all that may be useful to the community, the executor …
Locke adds that resisting unlawful actions may still be lawful because commissions cannot override law, and that force justifying resistance is only hostile force that blocks appeal to law and leaves no remedy.
and against the laws there can be no authority. But, notwithstanding such resistance, the king’s person and authority are still both secured, and so no danger to governor or government. Sect. 207. Thirdly, Supposing a government wherein the person of the chief magistrate is not thus sacred; yet this doctrine of the lawfulness of resisting all unlawful exercises of his power, will not upon every slight occasion indan…
Locke answers whether people must endure tyranny: self-defence is natural law and allowed against the king for intolerable abuse, but resistance must defend, not attack or punish, and not revenge past wrongs.
In English thus: Sect. 233. But if any one should ask, Must the people then always lay themselves open to the cruelty and rage of tyranny? Must they see their cities pillaged, and laid in ashes, their wives and children exposed to the tyrant’s lust and fury, and themselves and families reduced by their king to ruin, and all the miseries of want and oppression, and yet sit still? Must men alone be debarred the common…
Locke criticizes Barclay’s requirement of “reverence” and “no retribution,” arguing that effective resistance must be forceful and that once war exists the parties’ hierarchy cancels and the winner may punish the aggressor.
as he thinks fit. He that can reconcile blows and reverence, may, for aught I know, desire for his pains, a civil, respectful cudgeling where-ever he can meet with it. Secondly, As to his second, An inferior cannot punish a superior; that is true, generally speaking, whilst he is his superior. But to resist force with force, being the state of war that levels the parties, cancels all former relation of reverence, re…
He begins the first major argument that America’s natural right to independence needs no debate, using religious language about atheism to reject any denial of that right.
right, would be a kind of atheism against nature: and the best answer to such an objection would be, "The fool hath said in his heart there is no God." II. The interest of the continent in being independent is a point as clearly right as the former. America, by her own internal industry, and unknown to all the powers of Europe, was, at the beginning of the dispute, arrived at a pitch of greatness, trade and populati…
Paine finishes by mocking the peace commissioners who missed their proclaimed deadline, then he criticizes their proclamation as exceeding an Act of Parliament and warns Sir Harry Clinton to heed the constitutional limits.
opposed a nation that domineered over half the globe. The greatness of the deed demands respect; and though you may feel resentment, you are compelled both to wonder and admire. Here I rest my arguments and finish my address. Such as it is, it is a gift, and you are welcome. It was always my design to dedicate a Crisis to you, when the time should come that would properly make it a Crisis; and when, likewise, I shou…
In a miscellaneous chapter, Paine attacks Edmund Burke’s inconsistencies about hereditary rights, argues that government is a human contrivance, and concludes Burke’s view reduces to arbitrary power and usurpation.
till he has been convicted, whenever his detention becomes indispensable, all rigour to him, more than is necessary to secure his person, ought to be provided against by the Law. Ten: No Man ought to be molested on account of his opinions, not even on account of his Religious opinions, provided his avowal of them does not disturb the Public Order established by the Law. Eleven: The unrestrained communication of tho…
She urges returning to first principles to define human rights through reason, virtue, and knowledge, arguing that men use reason to rationalize inherited prejudices and that “prescription” cannot justify deprivation of natural rights.
THE RIGHTS AND INVOLVED DUTIES OF MANKIND CONSIDERED. In the present state of society, it appears necessary to go back to first principles in search of the most simple truths, and to dispute with some prevailing prejudice every inch of ground. To clear my way, I must be allowed to ask some plain questions, and the answers will probably appear as unequivocal as the axioms on which reasoning is built; though, when en…
Evangelist confronts Christian for turning aside, showing Bible promises about not refusing God’s speech, then warns that Worldly Wiseman’s counsel redirects to bondage and “administration of death.”
EVAN. What was he? CHR. He looked like a gentleman, and talked much to me, and got me at last to yield; so I came hither; but when I beheld this hill, and how it hangs over the way, I suddenly made a stand lest it should fall on my head. EVAN. What said that gentleman to you? CHR. Why, he asked me whither I was going, and I told him. EVAN. And what said he then? CHR. He asked me if I had a family? And I told him…
Gibbon notes that ecclesiastical gains and exemptions were partly supported while attempts at universal freedom by the Council of Rimini were resisted under Constantine’s son.
solicit and obtain some partial exemptions; but the premature attempt of the great council of Rimini, which aspired to universal freedom, was successfully resisted by the son of Constantine. 109 101 (return) [ The edict of Milan (de M. P. c. 48) acknowledges, by reciting, that there existed a species of landed property, ad jus corporis eorum, id est, ecclesiarum non hominum singulorum pertinentia. Such a solemn decl…
The introduction summarizes Burke’s political philosophy: circumstances shape political principles, government serves the people, political reform must be prudent and compromising, and legislators must act for the good of the whole people.
BURKE AS A STATESMAN There is hardly a political tract or pamphlet of Burke's in which he does not state, in terms more or less clear, the fundamental principle in his theory of government. "Circumstances," he says in one place, "give, in reality, to every political principle, its distinguishing color and discriminating effect. The circumstances are what renders every civil and political scheme beneficial or obnoxio…
In a new chapter on the United States’ judicial power, Tocqueville explains why American judges—unlike those elsewhere—remain confined to judicial duties yet gain immense political influence by being able to base decisions on the constitution.
The Anglo-Americans have retained the characteristics of judicial power which are common to all nations—They have, however, made it a powerful political organ—How—In what the judicial system of the Anglo-Americans differs from that of all other nations—Why the American judges have the right of declaring the laws to be unconstitutional—How they use this right—Precautions taken by the legislator to prevent its abuse. …
Tocqueville compares France, England, and the United States to argue why unconstitutional-resistance by courts is dangerous in monarchies with immutable or changeable constitutions, but acceptable in America where the people can alter the constitution.
framed and ratified after the Civil War. The original Constitution of the United States, followed by these fifteen amendments, is printed at the end of this edition. —Translator’s Note, 1874.]] It is easy to perceive in what manner these differences must act upon the position and the rights of the judicial bodies in the three countries I have cited. If in France the tribunals were authorized to disobey the laws on t…
He explains how American judges’ refusal to apply unconstitutional laws grants enormous political power, but also limits abuses because law contests occur through concrete cases tied to private interests rather than abstract party battles.
danger of this kind is to be feared. Upon this point, therefore, the political and the logical reasons agree, and the people as well as the judges preserve their privileges. Whenever a law which the judge holds to be unconstitutional is argued in a tribunal of the United States he may refuse to admit it as a rule; this power is the only one which is peculiar to the American magistrate, but it gives rise to immense p…
Beginning Chapter XV, Tocqueville rejects the idea that a people may do anything it pleases, insisting that unjust majority rule must be appealed against using a higher “sovereignty of mankind” rooted in justice.
Tyranny Of The Majority How the principle of the sovereignty of the people is to be understood—Impossibility of conceiving a mixed government—The sovereign power must centre somewhere—Precautions to be taken to control its action—These precautions have not been taken in the United States—Consequences. I hold it to be an impious and an execrable maxim that, politically speaking, a people has a right to do whatsoever…
Tocqueville presents nullification as grounded in Vice-President Calhoun’s 1833 compact theory, then narrates South Carolina’s 1832 convention decree annulling the tariff law and refusing recognition of federal court appeals.
might be induced to proceed no further with her menaces; and a vague desire was afterwards expressed of submitting the question to an extraordinary assembly of all the confederate States. b [ That is to say, the majority of the people; for the opposite party, called the Union party, always formed a very strong and active minority. Carolina may contain about 47,000 electors; 30,000 were in favor of nullification, and…
It states a constitutional guarantee that no state may deprive any person of life, liberty, or property without due process of law or deny equal protection of the laws within its jurisdiction.
Article XIV United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Jefferson recommends reforming naturalization laws, urges fair jury protection and impartial juries, reviews judiciary organization, and concludes by listing administrative and legal matters for Congress to consider.
whether that is sufficiently secured in those States where they are named by a marshal depending on Executive will or designated by the court or by officers dependent on them. I can not omit recommending a revisal of the laws on the subject of naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of 14 years is a denial to a great proportion of those who ask it, an…
He contrasts opponents’ arguments against reform—timing, and protection of “fundamental principles”—with reformers’ two irreconcilable bases: a natural-right claim demanding personal representation, and a political theory challenging representation’s fit.
of human creatures will suffer it to be; and that it is a subject of prudent and honest use and thankful enjoyment, and not of captious criticism and rash experiment. On the other side, there are two parties, who proceed on two grounds--in my opinion, as they state them, utterly irreconcilable. The one is juridical, the other political. The one is in the nature of a claim of right, on the supposed rights of man as…
The instructions continue, requiring latitude/longitude records, careful river and portage measurements, study of Native nations and their laws, and observations of soil, plants, animals, minerals, climate, and seasons.
best communication with the Pacific ocean, should also be fixed by observation; and the course of that water to the ocean, in the same manner as that of the Missouri. "Your observations are to be taken with great pains and accuracy; to be entered distinctly and intelligibly for others as well as yourself; to comprehend all the elements necessary, with the aid of the usual tables, to fix the latitude a…
The account returns to travel on October 13–14, passing a Sioux camp silently, naming Stoneidol Creek, relating a Ricara stone-and-grapes origin myth, noting creeks and river conditions, and executing a court-martial punishment.
door: while there one of York's comrades who was looking for him came to the door, but the gallant husband would permit no interruption before a reasonable time had elapsed. The Ricara lodges are in a circular or octagonal form, and generally about thirty or forty feet in diameter: they are made by placing forked posts about six feet high round the circumference of the circle; these are joined by poles from one fork…
He further defends his reading of a biblical passage used by Mr. Lowde, arguing it was meant to show moral judgments do not stray far from natural law, and he disputes Lowde’s notion of innate notions as merely latent capacities.
and as becomes his calling, to be watchful in such points, and to take the alarm even at expressions, which, standing alone by themselves, might sound ill and be suspected. ‘Tis to this zeal, allowable in his function, that I forgive his citing as he does these words of mine (ch. xxviii. sect. II): “Even the exhortations of inspired teachers have not feared to appeal to common repute, Philip, iv. 8;” without taking …
Locke pauses for a brief natural-philosophy digression, distinguishing primary real qualities of bodies from secondary imputed qualities that generate ideas in minds.
real, original, or primary qualities; because they are in the things themselves, whether they are perceived or not: and upon their different modifications it is that the secondary qualities depend. The other two are only powers to act differently upon other things: which powers result from the different modifications of those primary qualities. 24. The first are Resemblances; the second thought to be Resemblances, …
Athena decides the case cannot be judged by her alone in matters of blood-guilt, forms an oath-bound jury to determine it, and the Chorus warns that if matricide is acquitted, ancient justice and parental fear will collapse.
[*Enter Athena from above.* ATHENA Far off I heard the clamour of your cry, As by Scamander’s side I set my foot Asserting right upon the land given o’er To me by those who o’er Achaia’s host Held sway and leadership: no scanty part Of all they won by spear and sword, to me They gave it, land and all that grew theron, As chosen heirloom for my Theseus’ clan. Thence summoned, sped I with a tireless foot,— Hummed on t…
The author details plane/chinar tree distribution in Khorasan and neighboring areas, cites travelers on chinars near Shahrúd and the “Place of the Solitary Tree,” and argues the Arbre Sec may correspond to the chinar/Chinár.
multiplied. There are in the paper referred to notices of between fifty and sixty different *works* (not MSS. or *copies* of works merely) containing this legend in various European languages. (*Santarem*, III. 380, II. 348; *Ouseley*, I. 359 *seqq.* and 391; *Herodotus*, VII. 31; *Pliny*, XII. 5; *Chardin*, VII. 410, VIII. 44 and 426; *Fabricius*, *Vet. Test. Pseud.* I. 80 *seqq.*; *Cathay*, p. 365; *Beal’s F…