En route to the US Constitution: Founding Fathers and Lockean philosophy
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Tohid Asadi [1]
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[1] University of Tehran
University of Tehran
Irán
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- Localización: Historia constitucional: Revista Electrónica de Historia Constitucional, ISSN-e 1576-4729, Nº. 16, 2015, págs. 407-418
- Idioma: inglés
- Enlaces
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Resumen
With numerous shared aspects, philosophy and law are two distinct but closely interrelated disciplines. With that said, the present paper aims to address the impact of Lockean philosophical inclinations on the process of the US Constitution development by means of textual and historical analysis. In so doing, attention is directed towards the influence of Lockean philosophy upon the Founding Fathers, particularly through scrutinizing the writings of the figures playing leading roles in the procedure of drafting the Constitution. Locke's natural approach to law, and to citizen rights and liberties in particular, is among the most outstanding sphere of influence put upon the examined figures. From adoption of the contract theories for justifying their break from England, to taking a natural approach in their dealing with the rights to life, liberty, and property, the Founding Fathers have been under influence of Locke's epistemological principles and conceptions. This study concludes based upon the investigated materials and historical context that the American Founding Fathers have extensively employed Lockean notions at legal philosophy level in drafting the Constitution.
