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Lecture No. 1 Whose Rights Law, State, and Citizen in a Settler Society.docx

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Carleton University
LAWS 2502
Stacy Douglas

Lecture No. 1 Whose Rights? Law, State, and Citizen in a Settler Society th Wednesday, January 8 , 2014 The Living Tree Doctrine is a where law is constantly growing and changing doctrine. It comes from the Persons Case. Until the early 1600s, the British monarch’s legitimacy was supported by the doctrine of the divine right of kings. At that time, Parliament was merely a temporary advising committee for the sovereign. At the beginning of the 1600s, there was a growing sensation of unfair taxation and anti-Catholic sentiments pushed parliamentarian to attempt to limit the king’s arbitrary power. The English Civil War was fought between Royalist and Parliamentarians. By 1688, the role of the monarch was re-established but tempered with a Bill of Rights. In 1603, Queen Elizabeth I died and James I took over. Guy Fox was a revolutionary Catholic and tried to kill James I who was Protestant. Protestants had most of the power. Tried and hung in1606. James I is criticized for his use of arbitrary power. Two significant cases: the Case of Proclamation (1610) and Dr. Bonham Case. Government tries to restrain James I power. After death in 1625, Charles I takes over. In 1628 the government tries to restrain his power by the Petition of Rights. He signs it and then dissolves Parliament for the next ten years. Two factions between royalist and Parliamentarians reached its height in 1642; civil war from 1642. Oliver Cromwell leads the protectorate from 1649 – 1660. In 1658, he dies and his son inherits the position. In 1660, Charles II takes over. There is a coup d’état against James II. Protestants bring the King of Orange to the monarch throne in England. Thomas Hobbes in The Leviathan (1651) says that all human nature is evil. He argues that one person should be in charge because bad things come with democracy. John Locke publishes the Two Treatises of Government (1689). British overs colonial endeavours followed the trends started by Portugal and Spain. Territorial expansion increased steadily from the 1500s until the 1900s. The Empire was strengthened by using strategic processes, also known as settler colonialism in countries such as Australia, New Zealand, South Africa, Israel, and Canada. In the 1600s, through the British Empire – Constitutional Monarchy – transferred to other parts of the world. The removed other who previously lived there. All of these countries have inherited these legacies of government policies from Britain. Indigenous people in North America had their own system of representative government, customary law, and property ownership. The Royal Proclamation of 1763:
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