Collected Works of James Wilson, vol. 2
This two-volume set brings together a collection of writings and speeches of James Wilson, one of only six signers of both the Declaration of Independence and the United States Constitution, and one of the most influential members of the federal Constitutional Convention in 1787. Wilson’s writings and speeches had a significant impact on the deliberations that produced the cornerstone documents of our democracy. Wilson’s signal contribution to the founding of our national government was his advocacy for both a strong national government and an open and democratic political system, a position that set him apart from both Alexander Hamilton and Thomas Jefferson.
Wilson’s writings form one of the most significant bodies of thought about the relationship between a distinctively American form of democracy and a distinctly American constitutional system. Wilson wrote extensively on the concepts of separation of powers, the authority of the judiciary to review acts of the other branches, and the development of principles of representative government. This collection of Wilson’s writings includes his famous law lectures, a number of noteworthy essays and speeches, some of which are presented together for the first time, and his opinions in several Supreme Court cases. Together, the writings in this volume illustrate that Wilson’s words more nearly foreshadowed the nation’s future than those of his better remembered contemporaries such as Alexander Hamilton, James Madison, and Thomas Jefferson. In addition to providing the reader with a historical view of the nature of American democracy, the power of courts and judges, the independence of the executive branch, and the power of law to structure social relations, this book speaks directly to the ongoing debate about the scope and nature of judicial review and the place of law and judicial structures in the conduct of society.
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.
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.
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Table of Contents
- LECTURES ON LAW,
- CONTENTS OF THE SECOND VOLUME
- PART I.: Lectures on Law.
- CHAPTER XII.: Of the Common Law.
- CHAPTER XIII.: Of the Nature and Philosophy of Evidence.
- PART 2.: Lectures on Law.
- CHAPTER I.: Of the Constitutions of the United States and of Pennsylvania—Of the Legislative Department.
- CHAPTER II.: Of the Executive Department.
- CHAPTER III.: Of the Judicial Department.
- CHAPTER IV.: Of the Nature of Courts.
- CHAPTER V.: Of the Constituent Parts of Courts.—Of the Judges.
- CHAPTER VI.: The Subject Continued. Of Juries.
- CHAPTER VII.: The Subject Continued. Of Sheriffs and Coroners.
- CHAPTER VIII.: The Subject Continued. Of Counsellors and Attornies.
- CHAPTER IX.: The Subject Continued. Of Constables.
- CHAPTER X.: Of Corporations.
- CHAPTER XI.: Of Citizens and Aliens.
- CHAPTER XII.: Of the Natural Rights of Individuals.
- PART 3.: Lectures on Law.
- CHAPTER I.: Of the Nature of Crimes; and the Necessity and Proportion of Punishments.
- CHAPTER II.: Of Crimes Against the Right of Individuals to Their Property.
- CHAPTER III.: Of Crimes Against the Right of Individuals to Liberty, and to Reputation.
- CHAPTER IV.: Of Crimes Against the Right of Individuals to Personal Safety.
- CHAPTER V.: Of Crimes, Immediately Against the Community.
- CHAPTER VI.: Of Crimes, Affecting Several of the Natural Rights of Individuals.
- CHAPTER VII.: Of Crimes Against the Rights of Individuals Acquired Under Civil Government.
- CHAPTER VIII.: Of the Persons Capable of Committing Crimes; and of the Different Degrees of Guilt Incurred in the Commission of the Same Crime.
- CHAPTER IX.: Of the Direct Means Used by the Law to Prevent Offences.
- CHAPTER X.: Of the Different Steps Prescribed by the Law, for Apprehending, Detaining, Trying, and Punishing Offenders.
- BIBLIOGRAPHICAL GLOSSARY*