Roots of American Law This site is eye friendly: Use your browser's view options to increase or decrease font size Roots of American Law It is frequently stated that the Ten Commandments appears in the United States Supreme Court Building and therefore the law of the United States is based on the Ten Commandments. Like many statements used in Separation arguments, it contains some partial truth. A brief look at the history of law and a review of information supplied by the Supreme Court about its physical home demonstrates the place that the Ten Commandments actually holds as a step in the development of law.

Research and writing by Jim Allison 1850 BC: The Earliest Known Legal Decision 1700 BC: Hammurabi's Code 1300 BC: The Ten Commandments 1280 BC: The Laws of Manu 621 BC: Draco's Law 536 BC: The Book of Punishments 450 BC: The Twelve Tables 350 BC: The Chinese Code of Li k'vei 399 BC: The Trial of Socrates 529 AD: Justinian's Code 604 AD: The Seventeen Article Constitution of Japan 653 AD: T'ang Code 1689 AD: The English Bill of Rights 1740 AD: South Carolina Slave Code 1765 AD: Blackstone's Commentaries on the Laws of England 1787 AD: The Constitution of the United States of America 1788 AD: Through the Operation of Penal Law, A Country Is Formed 1791 AD: The American Bill of Rights 1803 AD: Marbury versus Madison 1804 AD: Napoleonic Code 1864 AD:

 The Geneva Convention 1865 AD: The Thirteenth Amendment 1945-46 AD: The Nuremberg War Crimes Trial The selections begin at the ancient beginnings, providing excerpts from law codes of the early societies of Sumer and Babylonia.

Note that both are codifications of laws which had already been in effect, presumably, for a long time. The Code of Lipit-Ishtar of Isin dates from around 1850 BC, and the Code of Hammurabi from around 1780 BC Jewish law, as embodied in the Mosaic Code, dates from the 13th century BC. Considerations of space permitted this volume to devote an all too brief span of pages to the vitally important Greco-Roman contribution to the development of Western law. By the seventh century BC, it is believed, most of the Greek city-states possessed written law codes, attributed either to a ruler or to a commissioned compiler. The Athenian politician Drakon (also Draco or Dracon; fl. 621 BC) is famous as a law codifier, Another noted Greek lawgiver, Solon (c. 639-c. 559 BC) reformed the Athenian law system around 594 BC. It was Rome; with its more down-to-earth sensibility, that put the law on a practically structured footing.

From Augustus Caesar on, Roman law reflected the growth of the Roman Empire, which lasted until about 476 AD and encompassed, at its height, the entire Mediterranean, most of Western Europe including Britain, and Asia Minor. To order and organize this civilization, the Romans developed a systematic and comprehensive legal system whose impact is still felt in the modern world. Roman jurists studied, analyzed, discussed, and wrote about law as a serious intellectual discipline, and from these studies a new legal profession was created that concentrated on legal literature, thought, and education. After the Western half of the Empire ended in AD 476, the Eastern Empire, centered in Constantinople, continued to develop Roman law. Justinian (who reigned AD 527 to 565), commissioned the collection, organization, and revision of the constitutions (the Codex) and the jurists' writings (the Digest). He also compiled a basic law manual for students (the Institutes). These efforts preserved much historical Roman law, which served as the basis for later legal systems throughout Europe. The so-called Middle Ages saw Europe wracked by invasions and wars that divided it into numerous Germanic kingdoms, each possessing its own military and legal customs.

As the kingdoms expanded and matured, Roman legal traditions were influenced by these tribal systems, to say the least. The Fuero Juzgo was a law code for both Visigoths and Romans, in which the territorial law of the Visigoth kingdom supplanted the personal law in Spain. Clovis I (466-511) began as king of the Salian Franks, a Germanic tribe living along the lower and middle Rhine. By the time Clovis died, he had expanded Frankish rule to embrace almost all of Gaul (France) and southwest Germany. He united all the Frankish tribes, converted to Christianity, settled on Paris as the center of the kingdom, and had the warrior ways of the Franks written down and revised as the lex Salica. In England, things were different. The Germanic Anglo-Saxons, who overcame the earlier Romanized Celts of the island, chose to preserve their own language and customary law and eliminated most of the Roman tradition that still existed. Over time, AngloSaxon kings compiled local customary laws into codes, promulgated them, and supplemented them from time to time by further royal enactments.

These compilations come down to us as the purest statement of Germanic law as it existed then, for they were not influenced by Roman law, as were those of the Germanic tribes (like the Franks) on the Continent. After the Norman Conquest of 1066, William the Conquerer chose not to impose Norman law or other Roman-based law traditions on the Anglo-Saxons; rather, he opted for maintaining the existing laws. These he in fact strengthened, by erecting a more centralized and efficient government to carry them out. His concentration on a system of land tenure contributed to the development of common law in England, which assumed its basic characteristics during the reign of Henry II (1154-1189): Centralized courts of law had definite jurisdictional responsibilities; itinerant judges represented the King's justice throughout the country; a professional judiciary and bar had its beginnings; stronger procedures guided the administration of justice; trial by jury was instituted; and judicial decisions assumed growing importance as a source of law. Magna Carta, to which King John was forced by his barons to fix his seal in 1215, fixed limitations on the king's power for the first time.

The Inns of Court, another fascinating medieval creation, arose to serve the legal profession, especially in the training of lawyers, as legal doctrines, particularly in property, contract, and tort law, were becoming more refined and complicated. On the Continent during this period, legal procedures, canon law, commercial and maritime law, and more, were developing as sophisticated and studiously written systems as the countries of Europe became more centralized. Fashioning their own bodies of law. The thirteenth century saw the rediscovery and revival of the law of Justinian, especially in Bologna, increasing the influence of Roman law on existing legal systems. The legal profession itself expanded in most continental countries, creating a large community of judges, scholars, lawyers, and educators. Germariy, perceiving itself as the inheritor of the Roman Empire, aggressively adopted Roman law during the fifteenth century. France split into two regions, with the north relying mainly upon Germanic-based customary law and canon law, and the south upon Roman law. It would not have a unified legal system for the whole country until after the French Revolution. Law engaged the talents of medieval artists.

The Inquisition, which began around 1231 and lasted well into the 1800s, prompted numerous works; so did trials by combat and fire and medieval forms of punishment. . . . Eastern religions and philosophies (particularly Confucianism) stressed ethical behavior, or right conduct, and clearly enunciated rules of propriety for all social relationships. These rules were supplemented by written codes of penal law, in existence since at least the sixth century s. c. The Confucian ideal of harmony between man and nature led to the concept that moral conduct consists in seeking harmony in situations of conflict. This in turn fostered an Asian preference for mediation and conciliation, rather than litigation, as a way for settling disputes. Modern legal history begins with the Renaissance. Roman law still formed the basis of most European legal systems, except in England. The Reformation, however, weakened the influence of the pope and altered the roles of canon law and the ecclesiastical courts. Moreover, the invention of printing and the rediscovery of classical learning and art stimulated new ways of thinking in many fields, including law. Liberalized thought explored concepts like natural right and consent of the governed that challenged the old bases of jurisprudence.

Across Europe new national legal structures took on a remarkably similar shape. In contrast, the common-law system in England concentrated on the development of judge-made law, basing its legal practice on the concepts of precedent and stare decisis. English common law underwent a sea change on the trip across the Atlantic as the New World was settled. Adapted to the special needs of the individual colonies, the law was improvised upon by each colony to suit its own particular situation. The age of Enlightenment notwithstanding, the law proved, in Salem, Massachusetts, that irrationality can be its driving force. Subsequent events in human history have demonstrated that the tragic witch trials-which hardly epitomized colonial America's exercise of the law were no mere last-gasp of medieval darkness. In the early days of the nation, there was a strong anti-lawyer campaign for the administration of justice without lawyers that led to legislation curtailing the activities of attorneys. In addition, there were few trained lawyers in the colonies and few books besides Blackstone's Commentaries from which to learn the complexities of the English legal system.

As the eighteenth century progressed, more English legal materials were imported, more American lawyers were trained at the Inns of Court, and a more strict supervision of the colonies on the part of the English government was imposed. Nevertheless, the colonies continued to develop their own legal systems. They often refused to accept English laws-or laws from anywhere else, for that matter-unless they were specifically approved by their local governing bodies. They adapted whatever they borrowed to suit their less formal, less structured society. Of course, the American colonists developed a strong sense of independence, with a deep appreciation for the ideals of the rights of the individual, such as freedom of the press, speech, and assembly. From the Declaration of Independence on, the American legal system was pretty much self-reliant in developing its own tradition. Source of Information: "Law": Excerpted from A Treasury of Art and Literature. Edited By Sara Robbins, Beaux Arts Edition, (1990) pp 14-16) Our Legal History as Depicted in the Supreme Court Artwork Descriptions of the Friezes in the Courtroom of the Supreme Court of the United States and of the East and West Pediments of the Building Exterior.

Historical Background The Supreme Court building was erected during a period in which architects worked closely with artists to create monumental government buildings in Washington, DC, They relied heavily on the use of classical architecture, encompassing the Beaux-Arts principle that architecture and sculpture create the highest form of art. Classical European study was customary for both architects and artists of this time. Those who did not attend the Ecole des Beaux-Arts in Paris, the period's most influential school of architecture and design, were taught by someone who had. Cass Gilbert, architect of the Supreme Court building, received his architectural training at the Massachusetts Institute of Technology's school of architecture, an institution founded on the principles of the Ecole des Beaus-Arts. Adolph A. Weinman, sculptor of the Courtroom friezes in the Supreme Court building, did not attend the Ecole directly, but was a student of Augustus Saint-Gaudens, one of the first American sculptors to train at the Paris school. Likewise, Hermon A. MacNeil and Robert I. Aitken, designers and sculptors of the East and West Pediments, respectively, were influenced by the Beans-Arts tradition while perfecting their skills.

As a result of this classical training, architects and sculptors during this Period commanded an in-depth knowledge of historical figures and symbols, believing that sculpture should not only add to the building artistically, it should also communicate the function of the building. The Supreme Court Building Commission, like most building commissions of the 1930s, did not question what figures or symbols were to be used as embellishments. They understood that the architect had authority in this matter, with the architect usually deferring to the sculptor himself. Such was the case with Cass Gilbert and the embellishments on the Supreme Court building. The Courtroom Friezes: The South Wall Cass Gilbert (1867-1934), architect of the Supreme Court building (constructed between 1929 and 1935) selected Adolph A. Weinman (1870-1952), one of the most respected and accomplished Beaux-Arts architectural sculptors of the period, to design the friezes for the Courtroom during 1931 and 1932.

Weinman's training emphasized a correlation between the sculptural subject and the function of the building and, because of this, Gilbert relied on him to choose the subjects and figures that best reflected the function of the Supreme Court building. Faithful to classical sources, Weinman designed for the Courtroom friezes a procession of "great lawgivers of history," from many civilizations, to portray the development of secular law. The procession of lawgivers begins on the south wall frieze and continues on the north wall. The east and west wall sculptural groups are representations of Majesty of Law and Justice. On the south wall frieze, in chronological order, Weinman depicted, in larger than life size, nine ancient lawgivers. Menes the uniter and ruler of Egypt, lived around 3200 BC and is considered the earliest lawgiver. Hammurabi (c 2250 BC), founder of the Babylonian empire, is known as the author of a famous law code. Known as the Code of Hammurabi, it encompasses decisions involving crime, family and property which were used by the courts of Babylonia. Moses was the lawgiver of the Israelites.

His Mosaic Law, which is based on the tablets of Hebraic law, or the Ten Commandments, determined the criminal code and liturgical law. Solomon (c 992-953 BC), the king of Israel, was also a royal judge. His name, meaning "figure of the wise man," has become synonymous with "judicial wisdom." Lycurgus (c 800 BC), a legislator in Sparta, reformed its constitution. Solon (c 638-559 BC), a lawgiver in Athens, codified the laws of the Greeks in order to move towards a more democratic form of government. Drace (late 600s BC), a legislator in Athens, was the first to commit an Athenian code of laws to paper and included many death penalty offenses in this code. As a result, the word draconian has become synonymous with harshness. Confucius (551-478 BC), a great Chinese lawgiver, was the Chief Justice of China circa 500 BC. He is best known for the creation of Confucianism, a moral system that produced a comprehensive system for government.

Octavian (or Augustus) (63 BC-14 AD), the first emperor of Rome, was Julius Caesar's grandnephew. Octavian began the principle of precedence, enabling judges to follow the decisions of former cases when determining a case. The groups of allegorical figures on either end of the frieze represent "History" on the left and "Fame" on the right. The winged figures near the center symbolize "Authority" and "Light of Wisdom." The Courtroom Friezes: The North Wall Weinman depicted an additional nine lawgivers on the north wall, beginning in the front of the Courtroom. Justinian (c 483-565), a Byzantine emperor, codified Roman law and published Corpus Juris Civiles. This work encompasses the Justinian Code, the main basis for modern civil law. Mohammed (or Muhammad, Mahomet) (570-632) was the founder of Islam. His teachings, along with the Koran, comprise the law of Islam.

Charlemagne (Charles the Great) (c 742-814), a Roman emperor and king of the Franks, laid the foundation for the Holy Roman Empire. Charlemagne was conscious of many social problems and promoted equal justice and fair treatment of the poor. King John (1166-1216), king of England, signed and sealed the Magna Cart a, although under duress. This document, which lists the rights of the people, serves as the basis for asserting these rights and the importance of law over the power of a country's leader. St. Louis (or Louis IX) (c 1214-1270), king of France, made the crown more accessible by expanding a person's right to appeal to it in all cases. Hugo Grotius (1583-1645), a Dutch lawyer, wrote De jure belli ac Racis (Concerning the Law of War and Peace) in 1625, one of the first books on international law.

Blackstone, William (1723-1780), an English justice, wrote Commentaries on the Law of England (1765-1769). This book has had a major influence on English and American law. Marshall, John (1755-1835) was the fourth Chief Justice of the United States, from 1801-1835. His decision in Marbury v. Madison established the power of judicial review and stated that the Court was the ultimate authority on the constitutionality of a law. Napoleon (1769-1821), emperor of France, proposed the Code Napoleon or Civil Code in 1804. This code, important in the evolution of civil law, included procedures on civil, criminal and commercial cases. The groups of allegorical figures located on either end of the frieze represent "Philosophy" on the left and "Liberty and Peace" on the right.

The winged figures near the center symbolize "Right of Man" and "Equity." Pamphlet Sent out by Curaor of Supreme Court Building The Courtroom Friezes: The East and West Walls In the frieze located directly above the Bench, on the East wall, two male figures in the center represent "Majesty of Law" and "Power of Government." The tablet between them symbolizes early written laws. The allegorical figures on either side symbolize "Wisdom" and "Justice." Grouped on the right side are figures that, according to sculptor Weinman, embody the "Safeguard of the Liberties and Rights of the People in their pursuit of Happiness," while those on the left side depict "The Defense of Human Rights and Protection of Innocence." The theme of the West wall frieze located directly opposite the Bench is good versus evil.

Its central motif depicts female figures of "Justice" and "Divine Inspiration," flanked by allegorical representations of "Truth" and "Wisdom." The struggle of good over evil is portrayed by "The Powers of Good" ("Defense of Virtue," "Charity," Peace," Harmony," and "Security") on the left and "The Powers of Evil" ("Corruption," "Slander," "Deception" and "Despotic Power") on the right. Source of Information: Descriptions of the Friezes in the Courtroom of the Supreme Court of the United States and of the East and West Pediments of the Building Exterior, a booklet sent out by the Curator of the Supreme Court Building whenever you write them asking for information concerning the artwork, etc in and on the building. I see they have a made a change in the online version versus the booklet that we received from them in 96 or 97 I don't know which of the two versions, the one from the printed booklet: In the frieze located directly above the Bench, on the East wall, two male figures in the center represent "Majesty of Law" and "Power of Government." The tablet between them symbolizes early written laws.

The allegorical figures on either side symbolize "Wisdom" and "Justice." Grouped on the right side are figures that, according to sculptor Weinman, embody the "Safeguard of the Liberties and Rights of the People in their pursuit of Happiness," while those on the left side depict "The Defense of Human Rights and Protection of Innocence." or this from the website at The East wall frieze is located directly above the Bench and focuses on two male figures that represent the Majesty of Law and the Power of Government. According to a letter from Weinman to Gilbert, the tablet between them symbolizes the first ten amendments to the Constitution, also known as the Bill of Rights. The allegorical figures standing on either side of the central figures symbolize Wisdom, on the left, and Justice, on the right. Weinman described the figures grouped to the right side as the Safeguard of the Liberties and Rights of the People in their pursuit of Happiness and those on the left side as The Defense of Human Rights and Protection of Innocence. actually best represents what the letter from Weinman to Gilbert says.

The booklet version that we received back in the 90s gave a little more support to those who claimed it represented the 10 Commandments since it depicted Roman Numerals I-X and the BORs was not numbered that way as originally written Originally it was Article the First, Article the Second, through Article the twelfth Now they are called Amendment I through Amendment X At any rate the online version is more secular leaning than the booklet sent out in the 90s The booklet version of ancient laws symbolized how ancient laws were originally written. Perhaps not on stone tablets, per se, but scrolls, parchment, etc. Thus, the depiction could symbolize all ancient laws or just the 10 Commandments. Nothing in the Supreme Court building highlights the 10 Commandments for special attention, etc. Some Additional Comments with Regards to the Ten Commandments and the United States Supreme Court Building The East Pediment is another target that the other side likes to use. In the very center are three figures which are suppose to be Moses Confucius and Solon. Of the three Moses is standing in the center and appears to stand out to the forefront of the other two.

Well to the other side this is super important, for they claim it places Moses, who is depicted holding two tablets which they claim is Ten Commandments as being the all important person/figure. etc. BTW Moses is sitting while the other two stand one on either side of him. What they don't tell you is this: The tablets are totally blank, not even Roman numerals; but since it is Moses, all one call say is "What else would he be carryng?" (Grocery list?) Ok, I can buy that; but neither do they point out that he is holding a tablet in each arm, with the bottom of each tablet resting on the thigh of each leg, and it is for that reason and only for that reason that he appears to be out ahead of the other two figures. In short, the artist did not place Moses in any position that would appear to make him more important than the other two because he felt he was more important. The Composition of the whole work required it to be that way because of the way he depicted the tablets. BTW both Confucious and Solon are also carrying tablets, but they are carrying them in one arm and is the outside arm in relation to the center of the work.

So we have Moses sitting in the center holding TWO blank tablets one on each side of him, and the other two fellows standing on either side of him each holding ONE tablet but holding it in the arm farthest from the figure is the center. It is the fact that the two tablets that the center figure is holding and they come out in front of the other two figures that the center figure appears to be sitting in front of the other two figures, and they appear to be behind him. Are the TEN COMMANDMENTS to be found in the United States Supreme Building? Yes. Are they given any particular special importance? No. They help to make up the overall theme -- the overall composition of the history of law. In that situation, the Ten Commandments were a important part of the laws of a culture that existed many thousand years ago. index Many People have asked me along the years: What is the difference between a Democracy and a Republic.? It is a false question. It would be the same as asking : What is the difference between a vegetable and a carrot? It is also a false question. Instead let us now enter into the core of the problem What is a Democracy? A Democracy is the government of the People by the People.

To understand this concept in its entirety we will go from the smallest Democracy to the biggest Democracy. In ancient Greece in the small city states, politicians and Leaders addressed the crowd made of almost all the citizens who were not slaves or women in a place called the Agora, which was a public place where the citizens or the crowd got together to listen, participate and sometime vote. This gathering of People was called the Assembly. We have today kept the Greek root Agora to create the word Agoraphobic which means unable to be among a crowd and kept the word Assembly to characterize in the government a gathering of elected People generally reunited in a Chamber. You can see now that the future heads of the relatively small city States including for example Athens spoke directly to their constituents and that the constituents were very eager to directly ask questions to their politicians. It would be very similar to today's Town Hall's meetings. However Athens was a big city and the Assembly could sometime number 5000 people or more. It is believed that these numbers are the highest number possible for direct Democracy To be part of the Assembly and vote the Laws, you did not need to be elected.

Any male over 20 years old and of Athenian blood had the privilege and the duty to attend, participate and vote the Laws. That is the perfect example of direct Democracy. Now we can study the Roman Democracy Ancient Romans due to their ever increasing numbers created a few assemblies, two of which were the most influential, the Plebeian assembly and the Senate. The major difference with Greek Democracy was that the Romans elected Representatives to represent them and take care of the government for them or put in Roman words take care of the: Res Publica or Public matters or the Business of the Public. It is with very little changes that today we use the word Republic to characterize a representative Democracy. A Republic is a Democracy, if well organized it is the individual people who elect or in another word hire with his ballot a representative who is supposed to serve this individual wishes which are mostly the same wishes that of the other constituents who elected the same representative. The USA is a Democracy who has been using the convenient Democratic form of a Republic to organize its government. It is due to the fact that from its birth the USA counted its citizens by the millions not by the thousands.

Modern Democracy Jumping now roughly 1000 years we can see that during the enlightenment years around 1700, although the entire world was under the rule of Kings and emperors Ideas about Democracy began to literally spread and take roots first among the educated People then all People. The philosophers such as Diderot, Locke, Voltaire, Montesquieu developed the Concept of Modern democracy, among them it was The French Philosopher Montesquieu from whom the American founding fathers borrowed the most and in particular the system of checks and balances. The USA in 1776 and France in 1789 declared themselves Democracies where the People govern the People in the form of Representative Democracy or Republic. In these times every letter or law took at least 2 to 6 weeks to reach in France or in the USA remote parts of the country. A announcement from President Washington could take 6 weeks at least in winter to reach the remote citizens of the USA and another 6 week to return an approval It was thus a material and technical necessity to use Representatives who could conduct negotiations or make decisions in less than 12 weeks. Constitutional Monarchy.

Today we have Monarchies such as England that are Democracies. It could seem contradictory but in fact the monarchs are for pride and decorum only. They do not have one once of power in the government. There is a Constitution that gives all the power to the head of the government who is not the king but generally a prime minister. Today with Television and the Internet and Email only seconds are needed, not hours, not days With this complete revolution in technology it could be a good time to come back to more Direct Democracy and maybe do away with electors, representatives and Senators or at least modify their role and increase the role of direct Democracy. The techniques to allow direct Democracy are now already present but the political will is nowhere to be felt yet. Interesting development on July 2008 France added modification to the Constitution to allow citizen to directly redact and vote on law with the only but in my opinion unpleasant caveat that one third of the deputies had to endorse this initiative by the people. In addition parliamentarians opposition had some rights added or possibilities reinforced. A small improvement but an improvement on the path of a Democracy with more direct power to the People.

The extreme danger that threaten all Democracies is from within: Would be dictators will always try to: Little by little modify A Democratic Constitution to make the tyrannical exercise of power easier. Only a good knowledge of Democracy and a constant vigilance of the citizen can allow a Democracy to endure. The extraordinary huge achievements of Democracy are that due to fact that every individual is not authoritatively barred from developing his or her ideas or skills, on the contrary Democracy unleash the Giant that is in each of us and then incite us to pull our country to better and higher grounds and then cement us as a nation that is based on the principle of Law and take care of the citizen that are not among the healthy or fortunate. Today Wealth and Health are the Hallmarks of Democracy, Poverty and Diseases are the consequences of Dictatorship. A misuse of Democracy by the citizen is when they have thanks to this system became giants but instead of giving back generously to their Democratic Country, they divert 100% of the benefit in power and wealth to more individual power and wealth for them, their sponsors or their party members.

Eric Lafayette L A 06/29/98 ANCIENT GREECE After the Bronze Age, Greece was populated by the Mycenaean people. They had an advanced, complex and elaborate culture ruled by Kings that lasted from about 3,000 BC to 1,000 BC. This was called the age of heroes and the famous Trojan War, set off by the capture of Helen of Troy and fought by Ulysses, Achilles and other God-like warriors occurred during this period. The collapse of Mycenaean culture followed an invasion from the north by the Dorian people who were much more primitive. A Dark Age of about 300 years spread throughout Greece reducing their previous cultural advances to almost nothing. Their writing skills were lost, and they abandoned all commerce. Surviving then meant living in small valleys trying to achieve self-sufficiency in sheltered environments. Eventually a system of larger central towns surrounded by smaller towns developed. Around 800 BC written language reappeared using the Phoenician alphabet with added vowels. Religion was revived with Zeus the main God. These central towns and their surrounding smaller towns became independent countries or City-States. Now we enter into the heart of the subject.

In the beginning these city-states were ruled by kings, but as prosperity and culture advanced, a class of rich influential people, an Oligarchy, began to supplant monarchies in most city-states except Sparta. Athens was one of the leaders of the city-states, being open to changes in culture and free exchange of ideas. The leadership in Athens listened to the complaints that caused unhappiness for the peasant class, the poor and other victims of abundant injustice. The shared belief that every one of your fellow citizens could and should be listened to is the corner stone of the philosophy of Democracy. The Greek city-states, specifically Athens, were the first societies to promote the fact that individualism is good and that each person is an equally precious individual who deserves the respect and attention of their culture and religion. The individual was considered important and the correlation was that individuals had the right to shape their own lives and destinies. In effect, if you think that an individual is precious and that his needs and ideas should be respected, then this leads to the conclusion that he has a right to contribute to the government. The idea that an individual's needs and ideas were important was totally unrecognized by kings and dictators at this time.

It is an enormous tribute to the ancient Greek city-states that their unprecedented ideas regarding the importance of the individual in society and respect for individual rights led to Democracy eventually including the Bill of Rights and modern Democracy. In the beginning, opposition to totally revolutionary ideas for the time from members of Athens' rich and powerful governing leadership was constant. They used their power to change original laws that could encourage new ideas. However one of Athens' leaders, Draco, wrote a definite set of laws, although they were very harsh, it was a major improvement on the Collection of local Laws and Laws derived from oral tradition. These laws were so harsh that the adjective draconian still means extreme and harsh. Draco's laws were totally remodeled by Solon, another Greek politician. Solon created a set of much more equable laws along with his major achievement the Greek Assembly, the first time a group of ordinary citizens were able to make laws and help choose their own rulers. That was around 594 BC. This is the beginning, the first time we could pronounce the word Democracy and use it to describe a form of government, "The government of the People by the People," from the Greek roots, Demos = People and Kratas = rule or government.

But an effective Democracy was slow to come into effect due to the resistance of wealthy land owners. One member of the landed class sided with the poor landless class and took power as a tyrant in 560 BC. Although he was a dictator he drew up new laws that redistributed land. His name was Pisistratus. In 508 BC there was another great statesman in the Democracy of Athens, Cleisthenes. Cleisthenes worked on laws that enabled every citizen, even those who did not own land, to be a part of the Assembly. He also set up a council of 500 citizens over the age of 30 who proposed laws to the Assembly for approval. Members of the Council were chosen by lot. The Democracy in Athens reached its peak from 461 BC to 429 BC under the leadership of Pericles. He opened public offices to all citizens and made adjustments that made Athenian Democracy more efficient. During this period and after, art, literature, drama and music flourished to the extent that they are still copied today. Athenian Democracy as a system of government was emulated by the other Greek city-states and became the Universal blueprint for Democracy in our modern era .

Moreover Greek Democracy was copied by many countries through the ages, the most famous example being the United States of America. Without Greek DEMOCRACY there would not be the United States of America as we know it. Although Greek Democracy was a tremendously successful government that set free the enormous creative potential of all its citizens, it did not give political rights to women and slaves were not citizens. One element of Greek Democracy which was very important in its success was the education that young Athenians received. Young men received strong scholarly instruction, with emphasis on freedom of ideas and speech, the arts, philosophy, writing and oratory. After a solid education young men took a solemn oath to defend their city and its Gods and then did two years of military training. Athens' influence spread over the world including conquest and political and military alliances (The Delian League). Athens' influence diminished greatly after disputes between Greek city-states and ended with the defeat of Athens by Sparta (one of the rare city-kingdoms) in the Peloponnesian War. The ultimate threat to Greek Democracy was to be King Phillip II of Macedonia who divided and disrupted the alliances of the city-states through bribery and political maneuvering and finally defeated them in 338 BC.

This date, 338 BC, identifies the beginning of the end of Greek Democracy. King Phillip II of Macedonia's son was to become The Emperor Alexander the Great. Eric Lafayette ANCIENT ROME 06/16/98 Rome, the ancient city , Rome, and its conquering army, Rome, and its illustrious Emperor, such as Julius Caesar, Augustus, Nero and Hadrian, is the most studied and admired civilization of the ancient history. Was this exceptional civilization that lasted over one thousand years a democracy? That's what we are going to study in the following lines. THE FIRST PEOPLE When Rome did not exist as a city but only as a congregation of huts, its neighbors were the Greek colony to the south and Etruscan cities to the north. Progressively, the Etruscan, around 800 BC moved into the area of Rome and melted with the local people and Governed them. Although, Romulus and Remus are considered the founders of Rome in 753 BC, they are more of a legend than a historical fact. Under the Etruscans domination Romans began to build better houses, better buildings and roads.

At the same time under Etruscan kings or Etruscan domination, the different parts of Rome, which were different tribes living on some of the hills that make modern Rome today, began to be reunited by roads and common interest. Today Historians tend to favor a melting of Etruscan and Roman more than a conquest by any of the two People. No Historian can tell with certainty if The Roman Kings starting with Romulus are From Etruscan Blood line or Roman Indigenous Blood lines A TIMID DEMOCRACY Probably already being inspired by the Greek civilization, they set up their first assembly named Comitia Curiata, this assembly represented the tribes and made decisions of peace or war, electing the magistrate. It was a first step. As Rome was expanding and becoming populous they reorganized their assembly and it was named Comitia Centuriata. This assembly was larger and included representatives from the Army, which were at this time citizen-soldiers. Although this assemblies had limited powers under the King rule and these assemblies were restrictive only male, relatively wealthy and soldiers were elected, it was the timid beginning of Democracy. These events took place around 600 BC.

In fact a larger percentage of the population was able to influence the decision which will decide of their fate. The Etruscan dynasty was over-thrown shortly after 509 BC, what we called the Roman Republic has begun. A pair of consul were elected, they were given supreme power but for a limited period of time, one year only. They could also veto each others decisions. The Senate was created in its final form, it was the legislative body in charge of approving laws and electing magistrates. It was composed with the Heads of the most influential families numbering 100 hundred. The other body was the assembly of Roman citizens who had the task of electing the consuls. Unfortunately for democracy the members of the assembly were proposed by the senate thus enforcing the power of the senate, and for a while there was no real system of check and balances between the three different bodies; Consul, Senate and Assembly. The senate put forward the name of the assemblymen that were to be elected, after their election they themselves elected the consuls. So we can see that the real power resided in the hands of the senate. Another quasi institution was diminishing the democracy system in Rome. It was called The Clientele.

It worked a little bit like the Mafia. There were rich and powerful families members of the senate who had faithful followers called clients that they protected and helped in exchange for absolute loyalty, including voting. This system of very powerful senators families and their faithful clients distorted the democratic system in Rome. So we can say that the Roman Republic began as a democracy but due to the exaggerated power of some wealthy families called the Patrician and the system of clientele, the democracy became more and more a system where the majority of the citizens did not have a saying in their government. The Republic went on expanding its boundaries with a powerful army throughout Italy and beyond, with terrible hardship on its second category citizen (the Plebeians) who tried to revolt from time to time. The final blow to the Republic was given by Julius Caesar, when after being victorious in Gaul, against the senates orders he crossed with his troops, marching towards Rome, a little river (The Rubicon) in 49 BC saying the famous sentence, "Alea Jacta est" = "the dice are cast" meaning there is no turning back. In fact he was named Dictator then Emperor. So we can consider 49 BC the date of the end of democracy in he Roman world.

October 21, 1998 RENAISSANCE AND ENLIGHTENMENT AGE We have decided to put into one single text two eras: Renaissance and Enlightenment. Renaissance came into being in Europe at the end of the Middle Ages, starting around 1500 AC, and it began in Italy. It began with the learning of Ancient Greece & Rome, Educated people started by reading ancient text, rediscovering knowledge that had been lost or forgotten during the Middle Ages. They started to believe that knowledge should be wide in all subjects. They came upon old manuscripts, and we can thank them for bringing into the world again, all the lost knowledge that is going to set the foundation for the development of ideas. This will entice the people of the Enlightenment Age to write about philosophy, original ideas and forms of government. We can consider that the Age of Enlightenment runs from around 1600 to 1776. The new source of knowledge made available by the writers and scholars of the Middle Age began to plant seeds into ideas of many men of the Enlightenment Age in philosophy, as well as in science. During this period the idea that the earth was round and revolving around the sun began to spread.

It was an age of constant discoveries in science. At the same time, philosophy and discussions about forms of government and welfare of the individual became a burgeoning stream of ideas. People that became to be known as philosophers, such as Hobbes, John Locke in England, Montesquieu, Voltaire, and Rousseau in France had the same drive to use reason, not religion , new ideas, not tradition, to improve the welfare of mankind, and above all, to find new forms of government, although all these philosophers were living in Monarchies. At the same time printing presses were able to spread the works of these philosophers. One of the most important works was the publishing of the Diderot Encyclopedia, to which almost all philosophers contributed. It became a popular work read by educated people all over Europe. We can see that all the intellectual seeds had been planted to blossom into major changes in the society. Eric Lafayette THE AMERICAN REVOLUTION It all began with the concern of applying one of the concepts of democracy fairly to the American colonies. The British Kingdom had developed colonies on American soil, starting with Virginia.. As they expanded, the English government decided to impose taxes.

The Colonist argued (through a democratic point of view) that Parliament could not to tax them because they did not have representatives in the Parliament. Other crisis over taxes and authority developed into riots (Boston Tea Party). During these years Benjamin Franklin (a self taught man of extraordinary knowledge and intelligence, a genius of his time) was sent to England to try to defend with no avail the American colonist's point of view. In April, 1775, British troops at Lexington exchanged fire with armed colonists and the American Revolution had begun. A month later in May, 1775, the second Continental Congress met in Philadelphia and wrote the Declaration of Independence. Drafted largely by Thomas Jefferson (a scholar, a man who had read the philosophy of the Enlightenment Age, and a brilliant mind). He stated, a ruler has power only if given by the people he governs. The Congress declared the independence of the American colonies on July 4th, 1776. The war lasted from 1775 to 1783. Most of the military leadership during the was assumed by General Washington. Though controversial in his military capabilities, he had the indispensable quality that will allow an American victory.

He was a man of untamable resilience. He was a man of iron will, when it was the quality that was the most important. Starting in 1777, France began secretly to arm the American colony, then brought her Navy and Army to help defeat the English at Yorktown in October 17, 1781. At this point the American had won the war. In 1783 the Treaty of Paris with England is ratified and American Independence becomes a reality. France sent money, troops, arms, and a fleet to help defeat the English army. French contributions was so important that it doubled the French national debt, already huge, and was one of the key factors in the over throw of a few years later the French King Louis XVI. An heroic figure fighting all along with Washington was a French aristocrat, the Marquis De Lafayette, who was a professional soldier but also one of the great thinkers and diplomats of his time. He became a Hero to all Americans. The newly independent nation had to create, almost from scratch, a government, and a Constitution. There were 13 colonies and they needed to be bound in a nation, while preserving their individuality.

The men who tackled the task to write the Constitution and later the Bill of rights, were men who had read the philosophy of the Enlightenment Age, Locke and Montesquieu, who themselves were inspired by the first Greek and Roman democracies. Their main objective was to balance the three main powers: the Executive power: The President, the Judiciary power: the System of National Courts, the Legislative power: the Congress made up of the House of Representatives and the Senate.The constitution was ratified by 9 states in 1788 thus making it a legal and official document. To this constitution was added a Bill of Rights in December 1791 of extreme importance because it protected such rights as freedom of speech, freedom of press and freedom of religion outlined the rights of persons accused of crimes and giving protection against unreasonable searches of peoples homes. What is important is to understand the way this constitution is helping the country to be governed. First and most important: The congress, which members have the task to make law, (a law is a rule to be obeyed by its citizens) but even most importantly, they are elected to represent the citizen, which in this case is synonym of serving the citizen.

A true democracy is a country where the laws and rules are the ones that the citizen wants. their congressmen working to serve the citizens and their goals. To ensure that these law will be obeyed the country needs an executive power, which is the president, who the founding fathers gave strong power, but not enough to become a Tyrant. The legislative power comes in to arbitrate differences in the reading of the law between; two people; a citizen and the government; the executive and the congress. Because of the exceptional qualities of the men who wrote the CONSTITUTION AND THE BILL OF RIGHTS, it is the thread almost unaltered that binds the United States of America together to this very day and was used as models by other people of the world. It is an extraordinary legacy that allows its citizens to enjoy Freedom of Speech, Freedom of Reunion, the possibility by ones vote to govern his own country, and that should not be taken for granted. Democratic regime over the 3000 year that men are known to have been able to write, has been on the surface of the earth for only a very limited time, and for a very small number of nations.

Democracy is not only a form of government but it is also a philosophy, which enable a person to walk with his head up, make his or her ideas known without being imprisoned the next day. Democracy needs constant attention. Keeping the citizen educated, preventing the leaders from straying from the constitution. October 27, 1998 October 27, 1998 THE FRENCH REVOLUTION Prior to the French Revolution, France was an absolute monarchy. The people of France were divided by law into three estates; the first estate was the Clergy, the second was the Nobility, and the third was the vast majority of the French people; commoners, middle-class, peasants, and city workers. The clergy and Nobility represented less than 7% of the population, but owned a very important share of France's wealth and were exempt of most taxes. Another important factor was that at this time, the ideas of the philosophers of the Enlightenment Age were spreading among the middle-class. Before Louis the XVI's reign, France was a wealthy country and the majority of its inhabitants were not suffering from excessive economic hardships.

Unfortunately, during the reign of Louis XVI, economic recession, and poor harvest began to drastically impoverish mostly the French commoners. A very important element is that the King and his government were not able to raises enough taxes among the nobility and the clergy to balance the budget. There was a huge deficit and a huge debt. Many talented finance ministers such as :Turgot, Calonne,Brienne, Necker tried to raise taxes among the Aristocracy, They met absolute opposition from the Aristocracy and the Clergy and ultimately were dismissed by the King. Three main factors contributed to this huge debt; The debt left by the previous King Louis the XV. The money, arms, naval and military support provided to the American revolution. The resistance of the nobility to pay taxes In August 1788 the government of the King was bankrupt. Now we have all the elements for a major upheaval: Huge inequalities between two segments of the society; new ideas about justice and government and bankruptcy of the government. The first period of the French revolution from 1789 to 1792 can be described as the relatively non violent period.

The deaths, mostly assassinated aristocrats were counted only in dozens of people not in the ten of thousands as we will see in later periods In the following years the commoners, known as the third estate, tried to push more and more reforms towards democracy. They gathered themselves into an assembly where they were joined by some of the Nobility and some of the clergy to form a Parliament, trying to draft a Constitution, in which the King would see his powers significantly diminished. Little happened, and in reaction, on July 14, 1789, a Paris crowd stormed the Bastille (a fortified prison). Riots soon spread into the countryside. On the night of August 4, 1789, the Assembly had abolished most of the monarchy and nobility privileges in all domains, including taxes, . Before the end of August, the now, National Assembly, adopted the Declaration of the Rights of Man. In 1791, the Assembly went further, adding more reforms towards Democracy, working on an extensive body of work. France was given its first Constitution: a limited monarchy. Few people were satisfied with this new constitutional Monarchy. The crowds were still angry.

The King, Louis XVI and his family fled towards the border, but he was arrested and brought back to the Capitol. Many surrounding European nations, which were monarchies, threatened war on France. France took the first step and declared war on Austria, who was allied to Prussia. All over France people rallied to defend the revolution and chanted the slogan, "Liberty, Equality, Fraternity." On the morning of August 10, 1792, radical revolutionaries, taking into account the disenchantment of the angry Parisians, set up a new administration, - "The Commune." We are entering now the bloodiest years of the French revolution 1792-1795 This administration was very radical, they arrested the King and his family, a new national convention was elected, the war was raging not far from Paris. This National Convention, in September, 1792, voted to abolish the monarchy and made France a Republic.

A coalition of European nations, all of them monarchies ( the coalition will be composed at the time of Prussia, Austria,) attacked France successfully but were defeated in the end by the French army, at the same time troubles and riots were threatening the stability of France Damaging evidence of letters, written by Louis XVI, asking for help from the foreign monarchies at war with France, sealed the King's fate, the National convention tried and convicted Louis XVI of treason and sentenced him to death. He was executed on January 21, 1793. News of Louis XVI's execution sent shock waves through the kingdoms of Europe. In March, 1793, Great Britain, the Dutch Netherlands, Prussia, Spain and Austria were at war against France. In France, the economy was in shambles. The future of a democratic French Republic was very gloomy. To overcome these problems, the National Convention took drastic action. It set aside the constitution that had been approved in 1793 and created a tyranny with the Committee of Public Safety.

The reign of terror had begun, it was during this time that between 20,000 and 40,000 men, women, and children were condemned to the guillotine. The terror struck at all levels of society but fell heavily onto the Aristocracy. The Committee set a national draft and brought large French forces against France's enemies, who were defeated. The reign of terror ended July, 1794. In 1795, the National convention wrote another, more conservative constitution, in reaction of the excess of terror. The third Period from 1795 to 1799 was a transitional period. Tired of the excess and violence of the previous years, the center called the " Marais" established a less drastic government. The French armies were constantly fighting and winning all over Europe and propelled to the top of the Army a young General Napoleon Bonaparte. What can we learn from the French Revolution that could be of some interest for us today? First of all, that abusive power is never an issue to be neglected. Not listening to a majority of the people in a country leads sooner or later to a Revolution.

King Louis the XVI and his nobility abused power, in the sense that they held too much power and never listened to at least two third of the French people. That lead to a bloody revolution and their own deaths. During the Revolution, the real dictatorship of the committee of Public Safety and its abusive power during the reign of terror led to an unprecedented bloodshed between French people. That is why nowadays, there are many ways to listen to the unhappiness of the citizen. Citizens have in the United States of America many ways to express their disapproval, such as voting, freedom of speech, freedom of the press, all the attributes of Democracy

Question: Who was the magistrate in Athens who codified its laws around 600 BC?
Answer: Draco