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Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today's understandings. Was America at its founding predominantly individualistic or, in...

Sharpening the debate over the values that formed America's founding political philosophy, Barry Alan Shain challenges us to reconsider what early Americans meant when they used such basic political concepts as the public good, liberty, and slavery. We have too readily assumed, he argues, that eighteenth-century Americans understood these and other terms in an individualistic manner. However, by exploring how these core elements of their political thought were employed in Revolutionary-era sermons, public documents, newspaper editorials, and political pamphlets, Shain reveals a very...