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Lecture3 4
In the early 17th century, authority came from scripture and classical sources. The Renaissance and Reformation looked to ancient Greeks and Romans, while the Bible was also seen as undisputed truth. The scientific revolution began to challenge assumptions, with figures like Descartes rejecting faith-based beliefs and Bacon advocating the scientific method. Enlightenment thinkers believed humans could use reason to understand nature through scientific laws, paving the way for legal and social reform based on principles of justice, efficiency and human rights.
Lecture3 4
- 1. The World ofthe Early 17th Century
- 2. Two unchallengedsources of authority – scripture and the classics To return to a “Golden Age” looked to the ancients – evident in the Renaissance and the Reformation Focus on the ancient Greeks and Romans by Renaissance and humanist thinkers Unquestionable authority was also the Bible – where one could find the solution to all human problems
- 3. Limited universein the 17th century – earth at the centre and man at the heart of the universe Voyages of discovery broadening people’s understanding but misconceptions remained. Little known about past civilizations or those outside Europe. The great age of witchcraft Plagues viewed as the wrath of God All was preordained
- 4. Science andparticularly astronomy questioned relationship between humankind and nature Fossil evidence challenged the age of the earth according to the Bible Europeans discovering more about other civilizations – the “primitive” vs the “civilized” Philosophy – human reason did not need religion to find truth Rene Descartes – things to no longer be accepted on faith.
- 5. Rejection oftraditional assumptions and attitudes Science to distinguish truth from error Belief that all could be known and that “man was master of his destiny” Francis Bacon – experimentation and induction to find truth; science and technology to transform society Isaac Newton’s laws of gravitation explained all earthly and heavenly movement – the scientific method could discern natural laws
- 6. John Locke– scientific laws to understand human society: moral values arise from pleasure or pain. Implications: tolerance; material conditions could be adjusted to change society; education to promote rationality The social sciences? Ideas of Locke and Newton spread throughout Europe.
- 8. For Enlightenmentthinkers, the discovery of laws was the highest activity of the mind Laws of nature would allow the creation of legislation which would shape society Reforming legal codes would result in the implementation of justice and increased efficiency of the state. Justice – the concern was efficiency and obedience to authority Yet the law could also be used to limit tyranny
- 9. Existing legalorder an embarrassment – inefficient and irrational. Lawyers did not advocate change as it may have meant loss of privilege However lawyers increasingly influenced by Enlightenment thinking History of the law is one of gradual change and legal reform from as early as the 16th century and the work of the humanists
- 10. Law asan ideal – ceremony, ritual, reverence, public spectacle Yet confusion in legislation – different courts; Roman law vs. customary law Lawyers – closed circle that jealously guarded their position and privilege Law as an attractive career – steady income and respectability Law allowed for those of lesser birth to rise to prominence in small numbers
- 11. Increased numbersof lawyers led to greater competition Greater standards for legal education Increasing influence of Enlightenment ideals on lawyers
- 12. Potential conflictbetween law practitioners and church and state Initially lawyers belonged to conservative culture but became increasingly radical towards end of 18th century John Wilkes defended the liberties of Englishmen against the tyranny of government Lawyers created Society of the Supporters of the Bill of Rights – huge influence in the American colonies
- 13. Montesquieu “TheSpirit of the Laws” (1748) – laws should not just be based on reason but on the circumstances of people which would differ from place to place. Human rights – opposed slavery and harsh punishment/public torture Laws should be simple and accessible Govt should be limited by law Law and society changing over time – each influencing the other
- 14. Beccaria “OnCrimes and Punishments” (1764) No place for superstition, ignorance and laziness in the criminal code Justice must be certain and based on reason
- 15. Justice inearly Europe based on the whim of the ruler and the competing courts 18th century – increasing attempt by rulers to control legal systems due to Enlightenment influence and desire to expand royal power. Prussia – Frederick William I: codification to make justice efficient. William Blackstone “Commentaries on the Laws of England” (1765-9) – simple language of law, reform legal education, influenced by Montesquieu and Beccaria
- 16. Jeremy Bentham– codification of English law Pain and pleasure at the heart of human behaviour Basis of legislation: people act to avoid pain and increase pleasure; pain and pleasure can be measured; thus the punishment can be made to fit the crime. Lawyers playing a larger role in political processes shaping the law The law was something one made. Its legitimacy was validated by the people.