The Enlightenment in American Law III: The Bill of Rights

Review of Metaphysics 45 (1):57 - 87 (1991)
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Abstract

REASON, SKEPTICISM, REVOLUTION, AND COMMON SENSE--these are the four characteristics which Henry F. May has found to designate the four categories, or stages, in the development of the Enlightenment in Europe and America. These categories, useful for the classification, description, and analysis of the copious intellectual and cultural materials which comprise the Enlightenment, overlap in the formulation of basic documents--the Declaration of Independence, the Constitution of the United States, and the Bill of Rights, which are fundamental American laws. The interweaving of reason and revolution in the Declaration of Independence and the Constitution of the United States has been examined by direct references to the European philosophers whose ideas were employed, with modifications, and implemented by means of newly invented institutions on the part of the American founders. The ideas of Locke, Montesquieu, Burlamaqui, Hutcheson, Hume, and many other thinkers, became instruments of political change in the hands of the Americans. Revolution, moderated by reason and common sense, led to constitution, in order to secure the gains of revolution.

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