Susan Ford Wiltshire - Greece, Rome, and the Bill of Rights
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Susan Ford Wiltshire traces the evolution of the doctrine of individual rights from antiquity through the eighteenth century. The common thread through that long story is the theory of natural law. Growing out of Greek political thought, especially that of Aristotle, natural law became a major tenet of Stoic philosophy during the Hellenistic age and later became attached to Roman legal doctrine. It underwent several transformations during the Middle Ages on the Continent and in England, especially in the thought of John Locke, before it came to justify a theory of natural right, claimed by Jefferson in the Declaration of Independence as the basis of the unalienable rights of Americans.
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Greece, Rome, and the Bill of Rights Oklahoma Series in Classical Culture ; V. 15
author
:
Wiltshire, Susan Ford.
publisher
:
University of Oklahoma Press
isbn10 | asin
:
0806124644
print isbn13
:
9780806124643
ebook isbn13
:
9780585170015
language
:
English
subject
Human rights--Greece--History, Human rights--Rome--History, United States.--Constitution.--1st-10th Amendments, Natural law, Comparative government.
publication date
:
1992
lcc
:
JC599.G728W55 1992eb
ddc
:
323/.0938
subject
:
Human rights--Greece--History, Human rights--Rome--History, United States.--Constitution.--1st-10th Amendments, Natural law, Comparative government.
Page i
Greece, Rome, and the Bill of Rights
Oklahoma Series in Classical Culture
Page ii
Oklahoma Series in Classical Culture
Series Editor A. J. Heisserer, University of Oklahoma
Advisory Board David F. Bright, Iowa State University Nancy Demand, Indiana University Elaine Fantham, Princeton University R. M. Frazer, Tulane University Ronald J. Leprohon, University of Toronto Robert A. Moysey, University of Mississippi Helen F. North, Swarthmore College Robert J. Smutny, University of the Pacific Eva Stehle, University of Maryland at College Park A. Geoffrey Woodhead, Corpus Christi College, Cambridge/Ohio State University John Wright, Northwestern University
Page iii
Greece, Rome, and the Bill of Rights
Susan Ford Wiltshire
University of Oklahoma Press : Norman and London
Page iv
to ATW, Jr. viro bono, civi bono, agricolae bono
By Susan Ford Wiltshire
(ed.) The Usefulness of Classical Learning in the Eighteenth Century (University Park, Pa., 1976) Public and Private in Vergil's Aeneid (Amherst, Mass., 1989) Greece, Rome, and the Bill of Rights (Norman, 1992)
Library of Congress Cataloging-in-Publication Data
Wiltshire, Susan Ford, 1941 Greece, Rome, and the Bill of Rights / Susan Ford Wiltshire. 1st ed. p. cm. (Oklahoma series in classical culture: : v. 15) Includes bibliographical references and index. ISBN 0-8061-2464-4 (alk. paper) 1. Human rightsGreeceHistory. 2. Human rightsRomeHistory. 3. United StatesConstitutional lawAmendments1st-10th. 4. Natural law. 5. Comparative government. I. Title. II. Series. JC599.G728W55 1992 92-54142 323'.0938dc20 CIP
Greece, Rome, and the Bill of Rights is Volume 15 of the Oklahoma Series in Classical Culture.
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources, Inc.
Copyright 1992 by the University of Oklahoma Press, Norman, Publishing Division of the University. All rights reserved. Manufactured in the U.S.A. First edition.
Page v
CONTENTS
Preface
vii
Introduction
3
Part OneFrom Athens to America: The Evolution of the Idea of Rights
1. The Origins: Greek Philosophy and Roman Law
9
2. Law, Individual, and Church in the Middle Ages
30
3. English Beginnings: Common Law and Magna Carta
51
4. Enlightenment Humanism and the "New Thought"
62
5. The Bill of Rights
89
Part TwoGreek and Roman Antecedents to the Bill of Rights
6. 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. Professor Reinhold, principal founder of the study of the classical tradition in America, understands in a deeply personal way the relationship between scholarship and citizenship.
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