Jun 5th 2015

Magna Carta at 800


"There is nothing in Magna Carta that prevents the enactment and enforcement of unjust laws; but it does elevate the law above the ruler’s will."

PRINCETON – Fly out of London’s Heathrow Airport and you may pass over a grassy field called Runnymede. Eight hundred years ago this month, it offered a colorful spectacle, dotted with the tents of barons and knights, and the larger pavilion of King John of England, looking like a circus top with the royal standard fluttering above.

Despite the gathering’s pageant-like appearance, the atmosphere was undoubtedly tense. The purpose was to settle a conflict between rebellious barons and their king, a ruler described by a contemporary as “brimful of evil qualities.”

John’s efforts to raise money to regain lost lands in France exceeded the usual taxes and levies that the nobles had accepted from his predecessors. The king seized the estates, and sometimes the person, of wealthy lords or merchants and demanded hefty payments for their release.

If his years of amassing cash had led to victory, John might have got away with his arbitrary methods; but when he was defeated in France, a group of barons rose up against him and captured London. As part of a peace deal brokered by the Archbishop of Canterbury, the king accepted the baron’s demands, put to him in a document called Magna Carta, or “the Great Charter.”

Magna Carta was not the first charter to be granted by an English king. A century earlier, Henry I, by issuing a Coronation Charter, had indicated that he would be more respectful of the nobles’ privileges than was his predecessor. But Henry’s successors soon returned to the arbitrary ways of kings in those times.

Magna Carta, too, looked like it might be short-lived. It was soon annulled by Pope Innocent III, who had formed an alliance with the king. But John died the following year, and the nobles backing his successor, the nine-year-old Henry III, needed support against a rival claimant to the throne. To gain that support, Henry’s government reissued its own version of Magna Carta, which remains part of the laws of England.

Copies were made and dispersed to many of the great English cathedrals. The Latin original was translated first into French, the language of the nobility, and then into English. By the end of the century, peasants were citing it in a struggle against injustice.

The first printed edition was made in 1508. In the 1640s, parliamentarians saw in it a legal basis for their overthrow of King Charles I. Later rebels, including the American revolutionaries and Nelson Mandela, have similarly justified their actions by appealing to Magna Carta.

What these fighters for justice and freedom take from this 3,500-word document is the brief statements of general principles in response to John’s arbitrary seizure of his subjects’ property and person. In its 39th Chapter, Magna Carta states: “No free man is to be arrested, or imprisoned, or diseised [dispossessed], or outlawed, or exiled, or in any way destroyed, nor will we go against him, nor will we send against him, save by the lawful judgement of his peers or by the law of the land.” Chapter 40 states, concisely, another powerful principle: “To no one will we sell, to no one will we deny or delay, right or justice.”

These two chapters have their modern echo in the 14th Amendment to the US Constitution, which decrees that no state shall deprive anyone of life, liberty, or property “without due process of law” or deny anyone “the equal protection of the laws.”

Yet Magna Carta is not a democratic document. Although it established the requirement of common consent to taxation, that consent was to be obtained from an assembly of earls, barons, bishops, and abbots – in the age of chivalry, not even knights were invited to participate.

The idea that towns such as London should be represented was voiced at the time, but it found no place in the final text. What Magna Carta shows, therefore, is that “Who rules?” is one question, and “What, if any, are the limits to political power?” is another.

Because Magna Carta attempted to set limits to political power without grounding these limits in the sovereignty of the people, it demonstrated a problem with which philosophers have grappled for even longer than 800 years. From where do the principles that constrain rulers come, if from neither the rulers nor their subjects?

The tradition of natural law offers an answer that was familiar to medieval scholars, for whom natural law was knowable to us by our natural reason (as opposed to those laws that could be discovered only through divine revelation). Magna Carta’s key principles can be seen as derived from reason because the very idea of a law excludes arbitrary arrest and seizure, as well as the rendering of a verdict on any grounds other than the proper application of the law. If A is legally bound to return B’s cow when she strays onto his land, and then C’s cow strays onto B’s land in relevantly similar circumstances, B must also be bound to return C’s cow. C need not bribe the judge to get his cow back.

There is nothing in Magna Carta that prevents the enactment and enforcement of unjust laws; but it does elevate the law above the ruler’s will. Unfortunately, that idea still is not accepted in many countries. Moreover, as the continued existence of the US prison camp at Guantánamo Bay shows, even among countries that trace their political institutions to Magna Carta, perceived security threats have weakened the requirement that no one be arrested except under the law of the land, and that justice not be delayed.



Copyright: Project Syndicate, 2015.
www.project-syndicate.org




 


This article is brought to you by Project Syndicate that is a not for profit organization.

Project Syndicate brings original, engaging, and thought-provoking commentaries by esteemed leaders and thinkers from around the world to readers everywhere. By offering incisive perspectives on our changing world from those who are shaping its economics, politics, science, and culture, Project Syndicate has created an unrivalled venue for informed public debate. Please see: www.project-syndicate.org.

Should you want to support Project Syndicate you can do it by using the PayPal icon below. Your donation is paid to Project Syndicate in full after PayPal has deducted its transaction fee. Facts & Arts neither receives information about your donation nor a commission.

 

 

Browse articles by author

More Essays

Nov 19th 2021
EXTRACTS: "At a time when the struggle between authoritarianism and democracy is so intense, if not fateful for the future of democracies, NATO and the EU must warn these countries [Editor's note: Poland and Hungary, EU and NATO, Turkey NATO] that they are on the precipice of being kicked out if they do not change their governing practice. They must be required to restore the principles of democracy by upholding universal human rights and abiding the rule of law, or else they will forfeit their membership and suffer from the consequences of their crimes." ------ "A narcissistic leader, such as Trump, whose hunger for power seems to know no limit, has happily sacrificed the good of the country on the altar of his twisted ego. America’s democracy cannot be repaired unless he and those who helped him are held accountable and face the weight of the law."
Nov 18th 2021
EXTRACT: "Many people who go through intense trauma, for example, become deeper and stronger than they were before. They may even undergo a sudden and radical transformation that makes life more meaningful and fulfilling. Indeed, research shows that between half and one-third of all people experience significant personal development after traumatic events, such as bereavement, serious illness, accidents or divorce. Over time, they may feel a new sense of inner strength and confidence and gratitude for life and other people. They may develop more intimate and authentic relationships and have a wider perspective, with a clear sense of what is important in life and what isn’t. In psychology, this is referred to as “post-traumatic growth”. "
Nov 11th 2021
EXTRACT: "Notably, Murdoch thinks that really knowing or understanding another person is a difficult task: “It is a task to come to see the world as it is”. According to the Freudian psychology Murdoch subscribes to in The Sovereignty of Good, humans are prone to “fantasy” – refusing to face the truth because it can damage our fragile egos."
Nov 9th 2021
EXTRACT: "People do not believe false information because they are ignorant. There are many factors at work, but most researchers would agree that the belief in misinformation has little to do with the amount of knowledge a person possesses. Misinformation is a prime example of motivated reasoning. People tend to arrive at the conclusions they want to reach as long as they can construct seemingly reasonable justifications for these outcomes."
Oct 28th 2021
EXTRACTS: "Brood with me on the latest delay of the full release of the records pertaining to the murder of President John F. Kennedy in Dallas on November 22, 1963. That was 58 years ago." -----"Mark my words: ...... No one who remembers 1963 will live to see the US government admit the full truth about Kennedy’s murder. And the American people’s faith in democracy will continue to fade. There is only one way to prevent this, and that is to release every record, withholding nothing – and to do it now."
Oct 27th 2021
EXTRACT: "..... we may defy the warnings of modern medicine, convinced of our own superiority. Researchers at the University of Chicago Divinity School reported half of their participants, all of whom indicated some religious affiliation, agreed with the statement “God will protect me from being infected”. To cope with our dread of death, we delude ourselves into thinking we are invincible: death might happen to other people, but not to me."
Oct 22nd 2021
EXTRACT: "Wes Anderson’s new film The French Dispatch is about the final issue of a magazine that specialises in long-form articles about the goings-on in the fictional town of Ennui-sur-Blasé. The film is an anthology of shorts representing three of the articles. A piece by the magazine’s art critic (Tilda Swinton) explores the life and late success of the abstract artist Moses Rosenthaler (Benicio Del Toro). Talented from a young age, Rosenthaler pursued art with a dogged determination that drove him to slowly lose his mind." ---- "Like everything else, mental illness is understood within the context of its time. In their study of melancholy and genius Born Under Saturn, the art historians Margot and Rudolf Wittkower show how Renaissance artists embraced mental alienation. This was shown by a withdrawn, slothful gloom. Such heavy sadness was considered both the symptom and the price of divine inspiration." ---- "Today, the association of creativity and mental illness often implies regression from an adult and orderly state of mind to one that is primal, impulsive, or infantile. The artist in Anderson’s film is such an example: he is noisy, impetuous, and extravagantly mad. And it is while he is at his “maddest” that he paints his best work." ---- "Here I explore the work of four painters whose work has been shaped by various mental illnesses, highlighting how the idea of the “mad artist” need not be tied up with a loss of control but rather a bid to gain it."
Oct 21st 2021
EXTRACT: "So much of Succession holds a mirror to real life, and the way that Logan Roy’s hand-picked board members allowed these abuses to continue by turning a blind eye to them is a good example. We have just published research that shows that public companies whose directors are chosen by their CEOs are statistically more likely to be involved in corporate misconduct, along with various other shortcomings. So why does this happen, and what should be done about it? "
Oct 10th 2021
EXTRACT: "Born in Zanzibar in 1948, Gurnah came to Britain in the 1960s as a refugee. Being of Arab origin, he was forced to flee his birthplace during the revolution of 1964 and only returned in 1984 in time to visit his dying father. Until his retirement, he was a full-time professor of English and postcolonial literatures at the University of Kent in Canterbury."
Oct 7th 2021
EXTRACT: "As the 25th James Bond film No Time to Die hits the cinemas, we are once again reminded of the way that disability is depicted negatively in Hollywood films. The new James Bond film features three villains, all of who have facial disfigurements (Blofeld, Safin and Primo). If you take a closer look at James Bond villains throughout history, the majority have facial disfigurements or physical impairments. This is in sharp contrast to the other characters, including James Bond, who are able-bodied and presented with no physical bodily differences. Indeed, many films still rely on outdated disability tropes, including Star Wars and various Disney classics. Rather than simply being part of a character’s identity, the physical difference is exploited and exaggerated to become a plot point and visual metaphor for villains" ----- "The British Film Institute (BFI) was the first organisation to sign up and has committed to stop funding films that feature negative representations depicted through scars or facial differences – a step in the right direction."
Oct 5th 2021
EXTRACT: "The trillions of microbes inside of our gut play many very important roles in our body. Not only does this “microbiome” regulate our metabolism and help us absorb nutrients from food into the body, it can also influence whether we are lean or obese."
Sep 16th 2021
EXTRACTS: "Hyperbaric oxygen therapy involves breathing pure oxygen in a pressurised chamber. In the chamber, the air pressure is increased two to three times higher than normal air pressure. It is commonly used to treat decompression sickness (a condition scuba divers can suffer from), carbon monoxide poisoning,......" ---- "Blood flow to the brain is reduced in people with Alzheimer’s. This study showed increased blood flow to the brain in the mice receiving oxygen therapy, which helps with the clearance of plaques from the brain, and reduces inflammation – a hallmark of Alzheimer’s." ----- "The researchers then used these findings to assess the effectiveness of oxygen therapy in six people over the age of 65 with cognitive decline. They found that 60 sessions of oxygen therapy, over 90 days, increased blood flow in certain areas of the brain and significantly improved the patients’ cognitive abilities – improved memory, attention and information processing speed."
Sep 14th 2021
EXTRACT: "Hollywood for years called on Charles Boyer to typify one French look –  bedroom eyes, sly maneuverings, the dismissive look. A face of another type, the massive mug and narrow eyes of Charles de Gaulle, provides the same disdain of the foreigner but also a superiority based on his belief in his own destiny."
Sep 12th 2021
EXTRACT: "The burden of loneliness for older people is intimately connected to what they are alone with. As we reach the end of our lives, we frequently carry heavy burdens that have accumulated along the way, such as feelings of regret, betrayal and rejection. And the wounds from past relationships can haunt people all their lives."
Sep 5th 2021
EXTRACT: "Gardens help restore the ability to concentrate on demanding tasks, providing the perfect space for a break when working from home in a pandemic. Natural things – such as trees, plants and water – are particularly easy on the eye and demand little mental effort to look at. Simply sitting in a garden is therefore relaxing and beneficial to mental wellbeing."
Aug 17th 2021
EXTRACT: "Whether or not a person achieves remission, reducing blood sugar levels is important in managing the negative effects of type 2 diabetes and reducing risk of complications. But when it comes to choosing a diet, the most important thing is to pick one that suits you – one that you’re likely to stick to long term."
Aug 10th 2021
EXTRACT: "In our latest study, we show that by taking the microbiome from young mice and transplanting them into old mice, many of the effects of ageing on learning and memory and immune impairments can be reversed. Using a maze, we showed that this faecal microbiota transplant from young to old mice led to the old mice finding a hidden platform faster."
Aug 3rd 2021
EXTRACT: "Fukuyama argued that political struggle causes history. This struggle tries to solve the problem of thymos – an ancient Greek term referring to our desire to have our worth recognised. This desire can involve wanting to be recognised as equal to others. But it can also involve wanting to be recognised as superior to others. A stable political system needs to accommodate both desires." .... "Counter-dominant spite can weaken liberal democracies. During the 2016 Brexit referendum, some people in the UK voted Leave to spite elites, knowing this could damage the country’s economy. Similarly, during the 2016 US presidential election some voters supported Donald Trump to spite Hillary Clinton, knowing his election could harm the US. "
Jul 31st 2021
EXTRACT: "If we want to live in a world that is good for pollinators, as well as the rest of us, big changes are needed in our environment, and our food system. This is why many beekeepers change their diet and their shopping, eating more locally grown vegetables that aren’t treated with pesticides. ...... Being willing to buy fruit and vegetables that may have the occasional insect living in it is better for us and for nature. To live more harmoniously with the natural world, we need to relax about larvae in the lettuce and slugs in the spinach."
Jul 22nd 2021
EXTRACT: "You’d think our brush with mortality through the pandemic would have brought some of this home to us. You’d think it would give us pause for thought about what really matters to us: the kind of world we want for our children; the kind of society we want to live in. And for many people it has. In a survey carried out during lockdown in the UK, 85% of respondents found something in their changed conditions they felt worth keeping and fewer than 10% wanted a complete return to normal."