Presented by Willard Hurst as part of his course "Introduction to Modern American Legal History" at the University of Wisconsin Law School in 1978. The precarious balance that exists between the legal and social order is examined by first returning to conditions in England after the seventeenth century civil war. The discussion switches over to a consideration of the need for social order in the United States, and the ways in which early demands for government, sheriffs, schools, roads, and navigation paved the way for a legitimate monopoly of violence. John Locke's ideas on constitutional order are also detailed, and linked to established laws for equal protection. This lecture continues to discuss the questions surrounding legitimacy of power after the colonies broke away from England. Adam Smith's critiques of power are discussed, and examined within the context of legislative roles, the armed forces, judicial review, and contemporary lobbying groups. The differences between property rights and human rights also play into this equation, and are tied to issues of titling and women's property rights.
