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James Wilson, the Law of Nature, and the Protection of Liberty
This List Is By:
Liberty Fund Staff
Liberty Fund, Inc., Indianapolis, Indiana
The Scottish born James Wilson (1742-1798) was an influential member of the Constitutional Convention and was one of the few men to have signed both the Declaration of Independence and the Constitution of the U.S. Unlike James Madison, who believed institutions played the most important role in defending liberty, Wilson drew upon his Scottish roots to argue that natural rights and legal processes were a better guarantee of our liberties.
Session I is on the Scottish Roots of Wilson’s theory of natural rights, in particular Frances Hutcheson’s A System of Moral Philosophy (1755) which unfortunately we not have online at this time. The following sections come from the Continuum International Edition:
- Book II, Chapter 3, “The General Notions of Rights and Laws Explained; with their Divisions”
- Book II, Chapter 4, “The Different States of Men. The State of Liberty not a State of War. The Way that Private Rights are Known. The Necessity of a Social Life”
- Book II, Chapter 5, “The Private Rights of Men; First, Such as called Natural; and the Natural Equality of Men” pp. 252-308.
For additional reading see:
- James Wilson (1742-1798
- Frances Hutcheson (1694-1746)
- Topic: The American Revolution and Constitution
- Topic: Natural Law and Natural Rights
- School of Thought: The Scottish Enlightenment
Session II Reading 1: General Principles and the Law of Nature
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 1. Chapter: CHAPTER II.: Of the General Principles of Law and Obligation.
Accessed from oll.libertyfund.org/title/2072/156457 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session II Reading 2: General Principles and the Law of Nature
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 1. Chapter: CHAPTER III.: Of the Law of Nature.
Accessed from oll.libertyfund.org/title/2072/156459 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session III Reading 1: Knowing Natural Law and Natural Rights
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 1. Chapter: CHAPTER VIII.: Of Man, as a Member of a Confederation.
Accessed from oll.libertyfund.org/title/2072/156469 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session III Reading 2: Knowing Natural Law and Natural Rights
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 2. Chapter: CHAPTER XII.: Of the Natural Rights of Individuals.
Accessed from oll.libertyfund.org/title/2074/166652 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session IV Reading 1: Rights and the Law
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 2. Chapter: CHAPTER XI.: Of Citizens and Aliens.
Accessed from oll.libertyfund.org/title/2074/166650 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session IV Reading 2: Rights and the Law
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 2. Chapter: CHAPTER II.: Of Crimes Against the Right of Individuals to Their Property.
Accessed from oll.libertyfund.org/title/2074/166658 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session IV Reading 3: Rights and the Law
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 2. Chapter: CHAPTER III.: Of Crimes Against the Right of Individuals to Liberty, and to Reputation.
Accessed from oll.libertyfund.org/title/2074/166660 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session IV Reading 4: Rights and the Law
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 2. Chapter: CHAPTER VI.: Of Crimes, Affecting Several of the Natural Rights of Individuals.
Accessed from oll.libertyfund.org/title/2074/166666 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session V Reading 1: Constitutional Protection of Rights
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 1. Chapter: James Wilson’s State House Yard Speech October 6, 1787. *
Accessed from oll.libertyfund.org/title/2072/156430 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session V Reading 2: Constitutional Protection of Rights
James Wilson, Collected Works of James Wilson, edited by Kermit L. Hall and Mark David Hall, with an Introduction by Kermit L. Hall, and a Bibliographical Essay by Mark David Hall, collected by Maynard Garrison (Indianapolis: Liberty Fund, 2007). Vol. 1. Chapter: CHAPTER XI.: Comparison of the Constitution of the United States, with that of Great Britain.
Accessed from oll.libertyfund.org/title/2072/156475 on 2008-08-21
The Introduction, Collector’s Foreword, Collector’s Acknowledgments, Annotations, Bibliographical Essay are the copyright of Liberty Fund 2007. The Bibliographical Glossary in volume 2 is reprinted by permission of the copyright holders the President and Fellows of Harvard College 1967.
Session VI Reading 2: Anti-Federalist Critiques and Summary
The readings for this session are in 2 parts. The first is not available online and is John DeWitt, “Essays I and II, October 22 and 27, 1787 from The Anti-Federalist Papers and the Constitutional Convention Debates, pp. 190-198. The 2nd is below.
Bruce Frohnen, The American Republic: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2002). Chapter: Address of the Minority of the Pennsylvania Convention December 12, 1787
Accessed from oll.libertyfund.org/title/669/189918 on 2008-08-21
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