This document discusses the importance of legal rights and common law in early American society and government. It notes that Thomas Paine's "Common Sense" acknowledged the anxiety of establishing a nation without a monarch, and that communities relied on laws to settle disputes. The Constitution established the rule of law rather than religion. Americans believed that laws should rule people fairly and transparently. Courtroom trials became an important civic ritual in America and influenced the government, and still retain significance as a symbol of legal faith today.
This document discusses the importance of legal rights and common law in early American society and government. It notes that Thomas Paine's "Common Sense" acknowledged the anxiety of establishing a nation without a monarch, and that communities relied on laws to settle disputes. The Constitution established the rule of law rather than religion. Americans believed that laws should rule people fairly and transparently. Courtroom trials became an important civic ritual in America and influenced the government, and still retain significance as a symbol of legal faith today.
This document discusses the importance of legal rights and common law in early American society and government. It notes that Thomas Paine's "Common Sense" acknowledged the anxiety of establishing a nation without a monarch, and that communities relied on laws to settle disputes. The Constitution established the rule of law rather than religion. Americans believed that laws should rule people fairly and transparently. Courtroom trials became an important civic ritual in America and influenced the government, and still retain significance as a symbol of legal faith today.
Introduction (Main idea of Common Sense/Legal rights)
- Thomas Paine published Common Sense in 1776 - Common Sense admits many colonists would be anxious establishing a nation without monarch rule - Community, status, religion, and race were more important than legal systems - In 18th century, colonists relied on laws to settle disputes - Legal rights were used to avoid chaos and preserve liberties - Declaration Of Independence was highly legalistic(strict in following rules) ❖ Comprises of King George III’s offenses like… - Used salary to manipulate Judges - Refused to establish courts
Development of the Constitution as a Legal Icon
- Legal icon in an early republic was the traditional religion - Constitution was based on laws rather than religion - Judges had to be fair - Americans believes that law rules men instead of men rules law - American respected the law because of humans liberties/princpals mentioned in Constitution
Courtroom Trial as American Ritual
- Trials influence American government - Courtroom trials became more common in America’s - Courtrrom trials are important for civic affairs
Legalism and the Rule of Law
- Legalism is a belief of usefulness, fairness, legitimacy of laws, and legal institutions - Americans believed laws should be made in pubic - Lawmakers were supposed to make laws clear, general, and in noncontradictory form - Laws were supposed to be accessible to the public
American Legal Faith Today
- American courts still retain its power as a ritual of legal faith - Most Americans obtain their views from the courtroom trial - Print, broadcast, and cable show trials to the public