Life, Liberty, And Property
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Life, Liberty, And Property
"Life, Liberty and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. Scanned image of the Jefferson's "original Rough draught" of the Declaration of Independence, written in June 1776, including all the changes made later by John Adams, Benjamin Franklin and other members of the committee, and by Congress. The phrase gives three examples of the unalienable rights which the Declaration says have been given to all humans by their Creator, and which governments are created to protect. Like the other principles in the Declaration of Independence, this phrase is not legally binding, but has been widely referenced and seen as an inspiration for the basis of government. Origin and phrasing The United States Declaration of Independence was drafted by Thomas Jefferson, and then edited by the Committee of Five, which consisted of Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston. It was then further edited a ...
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A Letter Concerning Toleration
''A Letter Concerning Toleration'' by John Locke was originally published in 1689. Its initial publication was in Latin, and it was immediately translated into other languages. Locke's work appeared amidst a fear that Catholicism might be taking over England, and responds to the problem of religion and government by proposing religious toleration as the answer. This "letter" is addressed to an anonymous "Honored Sir": this was actually Locke's close friend Philipp van Limborch, who published it without Locke's knowledge. Background In the wake of discovery of the Rye House Plot and Charles II's persecution of the Whigs, Locke fled England to Amsterdam in the Dutch Republic in September 1683. Throughout his life, Locke had taken an interest in the debate about religious toleration. The question was much debated in Holland during Locke's stay, and in October 1685 Louis XIV of France revoked the Edict of Nantes that had guaranteed religious toleration for French Protestants. In ...
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Dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law. The dower grew out of the practice of bride price, which was given over to a bride's family well in advance for arranging the marriage, but during the early Middle Ages, was given directly to the bride instead. However, in popular parlance, the term may be used for a life interest in property settled by a husband on his wife at any time, not just at the wedding. The verb ''to dower'' is sometimes used''.'' In popular usage, the term ''dower'' may be confused with: *A ''dowager'' is a widow (who may receive her dower). The term is especially used of a noble or royal widow who no longer occupies the position she held during the marriage. For example, Queen Elizabeth was technically the dowager queen after the death of George VI (though sh ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Thomas De Littleton
Sir Thomas de Littleton or de Lyttleton KB ( 140723 August 1481) was an English judge, undersheriff, Lord of Tixall Manor, and legal writer from the Lyttelton family. He was also made a Knight of the Bath by King Edward IV. Family Thomas de Littleton was the eldest son of Elizabeth Littleton, sole daughter and heiress of Thomas de Littleton, Lord of Frankley, Worcestershire, and Thomas Westcote or Heuster, esquire, chief prothonotary of the Court of Common Pleas. The date of Littleton's birth is uncertain; a MS. pedigree gives 1422, but it was probably earlier than this. If, as is generally accepted, he was born at Frankley Manor, it could not have been before 1407, in which year Littleton's grandfather recovered the manor from a distant branch of the family. Elizabeth Littleton and Thomas Westcote had four sons. Thomas, the eldest son and heir, took his mother's surname, likely as a condition of her marriage settlement as heir to the manor of Frankley. Two of his brothers ...
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Institutes Of The Lawes Of England
The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, including several landmark cases. For example, in ''Roe v. Wade'' (1973), Coke's ''Institutes'' are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of '' United States v. E. C. Knight Co.'' (1895), Coke's ''Institutes'' are quoted at some length for their definition of monopolies. The ''Institutes's'' various reprinted editions well into the 19th century is a clear indication of the long lasting value placed on this work throughout especially the 18th century in Britain and Europe. It has also been associated through the years with high literary connections. For exampl ...
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Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ...
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Independence Hall Assembly Room
Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of a dependent territory. The commemoration of the independence day of a country or nation celebrates when a country is free from all forms of foreign colonialism; free to build a country or nation without any interference from other nations. Definition of independence Whether the attainment of independence is different from revolution has long been contested, and has often been debated over the question of violence as legitimate means to achieving sovereignty. In general, revolutions aim only to redistribute power with or without an element of emancipation,such as in democratization ''within'' a state, which as such may remain unaltered. For example, the Mexican Revolution (1910) chiefly refers to a multi-factional conflict that even ...
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Fifth Virginia Convention
The Fifth Virginia Convention was a meeting of the Patriot legislature of Virginia held in Williamsburg from May 6 to July 5, 1776. This Convention declared Virginia an independent state and produced its first constitution and the Virginia Declaration of Rights. Background and composition The previous Fourth Virginia Convention had also taken place in Williamsburg, in December 1775. George Washington had been appointed in Philadelphia from the Second Continental Congress as commander of Continental troops surrounding Boston, and Virginia patriots defeated an advancing British expeditionary force at the Battle of Great Bridge southeast of Norfolk. The newly elected delegates to the Fifth Virginia Convention re-elected Edmund Pendleton as its president on his return from Philadelphia as presiding officer of the First Continental Congress. The membership could be thought of as belonging to one of three groups: radicals from western Virginia, who had agitated for independence fr ...
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George Mason
George Mason (October 7, 1792) was an American planter, politician, Founding Father, and delegate to the U.S. Constitutional Convention of 1787, one of the three delegates present who refused to sign the Constitution. His writings, including substantial portions of the Fairfax Resolves of 1774, the Virginia Declaration of Rights of 1776, and his ''Objections to this Constitution of Government'' (1787) opposing ratification, have exercised a significant influence on American political thought and events. The Virginia Declaration of Rights, which Mason principally authored, served as a basis for the United States Bill of Rights, of which he has been deemed a father. Mason was born in 1725, most likely in what is now Fairfax County, Virginia. His father died when he was young, and his mother managed the family estates until he came of age. He married in 1750, built Gunston Hall and lived the life of a country squire, supervising his lands, family and slaves. He briefly served ...
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Virginia Declaration Of Rights
The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789). Drafting and adoption The Declaration was adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia on June 12, 1776, as a separate document from the Constitution of Virginia which was later adopted on June 29, 1776. In 1830, the Declaration of Rights was incorporated within the Virginia State Constitution as Article I, but even before that Virginia's Declaration of Rights stated that it was '"the basis and foundation of government" in Virginia. A slightly updated version may still be seen in Virginia's Constitution, making it legally in effect to this day. Ten articles were initially drafted by George Mason , 1776; three other articles were adde ...
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Declaration And Resolves Of The First Continental Congress
The Declaration and Resolves of the First Continental Congress (also known as the Declaration of Colonial Rights, or the Declaration of Rights), was a statement adopted by the First Continental Congress on October 14, 1774, in response to the Intolerable Acts passed by the British Parliament. The Declaration outlined colonial objections to the Intolerable Acts, listed a colonial bill of rights, and provided a detailed list of grievances. It was similar to the Declaration of Rights and Grievances, passed by the Stamp Act Congress a decade earlier. The Declaration concluded with an outline of Congress's plans: to enter into a boycott of British trade (the Continental Association) until their grievances were redressed, to publish addresses to the people of Great Britain and British America, and to send a petition to the King. Background In the wake of the Boston Tea Party, the British government instated the Coercive Acts, called the Intolerable Acts in the colonies. There were fiv ...
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