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John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.
Church-of-Englandism and its Catechism Examined, printed in 1817 and published in 1818, was part of Bentham's sustained attack on English political, legal, and ecclesiastical establishments. Bentham argues that the purpose of the Church's system of education, in particular the schools sponsored by the Church-dominated National Society for the Education of the Poor, was to instil habits of insincerity into the population at large, and thereby protect the abuses which were profitable both to the clergy and the ruling classes in general. Bentham recommends the 'euthanasia' of the Church, and argues that government sponsored proposals were in fact intended to propagate the system of abuse rather than reform it. An appendix based on original manuscripts, which deals with the relationship between Church and state, is published here for the first time. This authoritative version of the text is accompanied by an editorial introduction, comprehensive annotation, collations of several extracts published during Bentham's lifetime, and subject and name indexes.
"Americans did not rebel from Great Britain because they wanted a different government. They rebelled because they believed that Parliament was violating constitutional precepts. Colonial Whigs did not fight for American rights. They fought for English rights."—from the Preface John Phillip Reid goes on to argue that it was generally the application, not the definition, of these rights that was disputed. The sole—and critical—exception concerned the right of representation. American perceptions of the responsibility of representatives to their constituents, the necessity of equal representation, and the constitutional function of consent had diverged gradually, but significantly, from British tradition. Drawing on his mastery of eighteenth-century legal thought, Reid explores the origins and shifting meanings of representation, consent, arbitrary rule, and constitution. He demonstrates that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality. This book will interest legal historians, Constitutional scholars, and political theorists.