Development of Governments
I. Introduction
A. As civilizations developed, so did their
governments.
1. Written laws became more common
and more sophisticated.
2. Three well-known sets of laws that show
the development of written laws are
Hammurabi's Code, the Justinian Code, and
the Magna Carta.
B. Hammurabi's Code
1. is believed to be the first example of written laws.
The code was created around 1780 B.C. on stone.
2. It is a set of laws for Ancient Babylon, where
Hammurabi was a ruler.
3. The laws deal with both criminal and civil matters,
and were displayed in public on a stone monument
so that his citizens could not plead ignorance of the
law.
C. Justinian Code
1. During the Byzantine empire, Emperor Justinian
ordered legal materials to be collected and made
into the basic law in all civil areas.
2. These laws provided the basis of Canon law of the
Christian church.
3. The code came in three parts, one called the
Servitude of the Jews. This part allowed the
emperor to decide internal Jewish affairs,
disqualified Jews from public office, and
disallowed Jews to testify against Christians.
D. Magna Carta
1. Created in England, originally because of
disagreements between the Pope and King John.
2. The Magna Carta required the kind and aristocracy to
renounce certain rights and respect the law of the
land—binding the king by law.
3. It was renewed and modified through the 17th and
18th centuries. Most, if not all, common law countries
have been influenced by the Magna Carta, making it
one of the most important legal documents in the
history of Democracy.
4. The U.S. constitution and Bill of Rights were directly
influenced by the Magna Carta.
II. Early Forms of Government
A. British Common Law
1. law based on tradition or past court decisions
rather than written statues impacted US law
by establishing the idea of accepting past
court decisions as authoritative in cases where
no formal law exists or is considered vague
B. Declaration of Independence
1. principles from the House of Burgesses were
used to create this document to declare
independence from Great Britain
C. House of Burgesses
1. Virginia’s House of Burgesses was modeled
after British Parliament and became the first
representative body of government in the
colonies
D. Mayflower Compact
1. a document which guaranteed the people a
voice in government in Massachusetts
E. The Iroquois Nation’s Constitution
1. stems from the union of the Iroquois tribes of the
northeast to make them the dominant tribe.
2. Their union inspired Benjamin Franklin to propose
the Albany Plan of Union in 1754 – a plan to
strengthen British colonial ties with the Iroquois as
well as attempt to imitate what they had
accomplished by better unifying the colonies.
3. The plan was rejected, however, some of the
principles were a model for the US government that
formed later.
F. U.S. Constitution
1. principles from the House of Burgesses were
used to create this document along with the
Declaration of Independence which would
establish the US government.
III. Types of Laws
A. Legal Codes: Draconian Laws
1. In 621 BC, a man named Draco drafted the
ancient Greeks’ first written code of law. This
gave a voice to the common people because it
allowed them to appeal to written laws rather
than upper-class judges
B. Moral Codes
1. set of guidelines stating what is morally
“right/wrong” and directing people how they
should live
C. Ten Commandments
1. from the Mosaic Law which are recorded in
the Bible and have influenced not only Israel,
but all societies in which Judaism and/or
Christianity have had an impact
Age of Reason
Philosophers, Thinkers, and other
Influential People
Introduction
• The Age of Reason is a time period that
includes the Age of Enlightenment. It is a time
of knowledge and learning, as well as a time
of political change. During the Age of Reason,
several thinkers and philosophers influenced
modern democratic thought and institutions.
John Locke
• English philosopher who argued a government is
only legitimate if it receives the consent of the
governed and protects the natural rights of life,
liberty, and estate.
• His idea of a social contract directly influenced
American democracy and democratic thought.
Charles-Louis Montesquieu
• French political thinker who is known for his
theory of separation of powers between a
legislative, executive, and judiciary branch.
Each branch may also be able to place limits
on the power of the other two (checks and
balances)
American founders
• the founders of the United States borrowed
the above ideas and other, choosing to create
an elected, representative government
instead of creating a monarchy. This form is
often a model for newly democratic countries.
Jean Jacques Rousseau
• promoted equality, a principle on which the
Declaration of Independence was based
Voltaire
• a French philosopher who supported free
speech, freedom of expression, and freedom
of religion.
Ideas from the Magna Carta
English Bill of Rights
• the English Bill of Rights supplements the
Magna Carta. The Magna Carta limits the
governmental powers of the crown in
England, and the English Bill of Rights lists
certain constitutional requirements where the
Crown must get consent from Parliament
before acting.
American Government
• the Magna Carta has a direct influence on the
Declaration of Independence and the U.S.
Constitution. The Magna Carta limits
governmental powers and also lists the rights
of citizens, including legal rights in trials.