En Route to the US Constitution: Founding Fathers and Lockean Philosophy
| Autor | Tohid Asadi |
| Cargo | North American Studies Department, Faculty of World Studies, University of Tehran |
| Páginas | 405-418 |
EN ROUTE TO THE US CONSTITUTION
FOUNDING FATHERS AND LOCKEAN PHILOSOPHY
Tohid Asadi
North American Studies Department
Faculty of World Studies
University of Tehran
SUMMARY: I. Introduction. II. Philosophy and Law in West. III. Locke in US Legal
History. IV. Lockean Philosophy and Founding Fathers.4.1. Samuel Adams. 4.2.
Thomas Jefferson. 4.3. James Madison. 4.4. Alexander Hamilton. 4.5. John
Adams. V. Conclusion. VI. Acknowledgment.
Abstract: 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.
Keywords: John Locke; United States; Constitution; Founding Fathers; Natural
Law
I. INTRODUCTION
Mr. Locke has often been quoted in the present dispute between
Britain and her colonies, and very much to our purpose.
Samuel Adams, Boston Gazette, 23 December 1771
The US Constitution, drafted and signed by the Founding Fathers in 1787, is
perhaps the most significant legal document through the history of America. The
process leading to formation of the US Constitution actually commenced on 21
February 1787 when the Articles Congress called a convention of state delegates
at Philadelphia to propose a plan of government. The process of preparation of
the Constitution took place in a period of few months; nonetheless, that which
speculatively acted upon the process included a host of various determinants,
some rooted in the distant past, ranging from the political thoughts of Founding
Historia Constitucional
ISSN 1576-4729, n.16, 2015. http://www.historiaconstitucional.com, págs. 407-420
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