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Rights of Humans, Rights of States: The Academic Legacy of St. George Tucker in Nineteenth-Century Virginia

College professors in the nineteenth-century South lavished a great deal of attention on the issues of slavery and constitutionalism, and they paid careful attention to the connections between these issues and the idea of natural rights. In this dissertation I offer an analysis of the lives and writings of three generations of college professors in nineteenth-century Virginia, focusing especially on St. George Tucker and his descendants. As a contemporary of Thomas Jefferson and as a delegate to the Annapolis convention, Tucker can rightly be considered as one of the founding fathers. But he is best known for inaugurating the academic discourse on the issues of slavery and constitutionalism in his capacity as professor of law at the College of William and Mary. His sons, Henry and Beverley Tucker, and his grandson John Randolph Tucker kept this academic tradition alive. Members of the Tucker family continuously espoused a modern theory of natural rights based upon a contractual understanding of how people come to exist in society. By the 1850s, however, some professors such as George Frederick Holmes had abandoned the philosophy of modern natural rights in favor of a re-articulation of classic or ancient natural right: a non-contractual conception of the right to rule. This recovery made possible the positive good defense of slavery, but it put a strain upon the orthodox theory of constitutional interpretation that had been at the center of Virginian political thought. This dissertation examines how the Tuckers and others strove to keep the philosophy of the founding generation alive throughout the various political upheavals of the nineteenth century.

Identiferoai:union.ndltd.org:LSU/oai:etd.lsu.edu:etd-05252005-133708
Date02 June 2005
CreatorsVanderford, Chad
ContributorsDavid D. Perlmutter, John C. Rodrigue, Victor Stater, William J. Cooper Jr., Gaines M. Foster
PublisherLSU
Source SetsLouisiana State University
LanguageEnglish
Detected LanguageEnglish
Typetext
Formatapplication/pdf
Sourcehttp://etd.lsu.edu/docs/available/etd-05252005-133708/
Rightsunrestricted, I hereby certify that, if appropriate, I have obtained and attached herein a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to LSU or its agents the non-exclusive license to archive and make accessible, under the conditions specified below and in appropriate University policies, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report.

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