Section D: Rights Of The Accused1. Making Connections: How Did Earlier Law, Customs, Or Judgments Influence The Magna Carta?2. Analyzing: How Does The Magna Carta Protect The Rule Of Law By Protecting The Rights Of The Accused?
Section D: Rights of the Accused
1. Making Connections: How did earlier law, customs, or judgments influence the Magna Carta?
The Magna Carta, signed in 1215 by King John of England, is a foundational document in the history of human rights. It established the principle that the king was not above the law and that even he was subject to the rule of law. However, the Magna Carta did not emerge in a vacuum. It was influenced by earlier law, customs, and judgments that laid the groundwork for its provisions.
The Influence of Anglo-Saxon Law
One of the earliest influences on the Magna Carta was Anglo-Saxon law. The Anglo-Saxons, who inhabited England from the 5th to the 11th centuries, had a system of law that emphasized the importance of custom and tradition. Their laws were based on the concept of "wergild," or the payment of compensation for wrongs committed. This system of law was influenced by the Germanic tribes that had settled in England and was characterized by a strong emphasis on personal responsibility and compensation for harm caused.
The Influence of the Norman Conquest
The Norman Conquest of England in 1066 had a significant impact on the development of English law. The Normans introduced a system of feudalism, which emphasized the relationship between the lord and the vassal. This system of law was based on the concept of "feudal obligation," or the obligation of the vassal to provide military service and loyalty to the lord. The Normans also introduced the concept of trial by jury, which was a significant innovation in the administration of justice.
The Influence of the Church
The Church also played a significant role in the development of English law. The Church had a strong influence on the development of the common law, particularly in the areas of marriage, divorce, and inheritance. The Church's emphasis on the importance of marriage and the sanctity of the family helped to shape the law in these areas. The Church's influence on the development of English law was also evident in the establishment of the office of the Lord Chancellor, which was responsible for advising the king on matters of law and justice.
2. Analyzing: How does the Magna Carta protect the rule of law by protecting the rights of the accused?
The Magna Carta protects the rule of law by protecting the rights of the accused in several ways. Firstly, it establishes the principle that no one, including the king, is above the law. This principle is enshrined in Article 39 of the Magna Carta, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land."
The Protection of Habeas Corpus
The Magna Carta also protects the right of the accused to be brought before a court of law and to be tried according to the law of the land. This right is enshrined in Article 39 of the Magna Carta, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land." This right is known as habeas corpus, or the right to be brought before a court of law.
The Protection of Trial by Jury
The Magna Carta also protects the right of the accused to be tried by a jury of their peers. This right is enshrined in Article 39 of the Magna Carta, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land." This right is known as trial by jury, or the right to be tried by a jury of one's peers.
The Protection of Due Process
The Magna Carta also protects the right of the accused to due process of law. This right is enshrined in Article 39 of the Magna Carta, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land." This right is known as due process, or the right to be treated fairly and justly in the administration of justice.
Conclusion
In conclusion, the Magna Carta is a foundational document in the history of human rights. It established the principle that the king was not above the law and that even he was subject to the rule of law. The Magna Carta also protected the rights of the accused in several ways, including the protection of habeas corpus, trial by jury, and due process. These protections have had a lasting impact on the development of English law and have influenced the development of human rights around the world.
References
- The Magna Carta (1215)
- The Anglo-Saxon Chronicle (9th century)
- The Norman Conquest of England (1066)
- The Church and the Development of English Law (12th century)
- The History of English Law (13th century)
Further Reading
- The Magna Carta: A History and Commentary by J.C. Holt
- The Anglo-Saxon Law by F.W. Maitland
- The Norman Conquest of England: A History by David Bates
- The Church and the Development of English Law by R.H. Helmholz
- The History of English Law by W.S. Holdsworth
The Magna Carta: A Foundation for the Rights of the Accused ===========================================================
Section D: Rights of the Accused
Q&A: The Magna Carta and the Rights of the Accused
Q: What is the Magna Carta and why is it important?
A: The Magna Carta is a foundational document in the history of human rights. It was signed in 1215 by King John of England and established the principle that the king was not above the law and that even he was subject to the rule of law. The Magna Carta is important because it protected the rights of the accused and established the principle of due process.
Q: What are the key provisions of the Magna Carta that protect the rights of the accused?
A: The key provisions of the Magna Carta that protect the rights of the accused include:
- Article 39, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land."
- Article 40, which states that "to no one will we sell, to no one deny or delay right or justice."
- Article 41, which states that "all merchants shall have safe and secure conduct to and from England, and all their goods, and that they shall not be compelled to buy at any higher rate than the ancient custom of the town."
Q: What is habeas corpus and how does it relate to the Magna Carta?
A: Habeas corpus is the right to be brought before a court of law and to be tried according to the law of the land. The Magna Carta protects this right in Article 39, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land."
Q: What is trial by jury and how does it relate to the Magna Carta?
A: Trial by jury is the right to be tried by a jury of one's peers. The Magna Carta protects this right in Article 39, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land."
Q: What is due process and how does it relate to the Magna Carta?
A: Due process is the right to be treated fairly and justly in the administration of justice. The Magna Carta protects this right in Article 39, which states that "no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor will we proceed with force against him, except by the lawful judgement of his equals or by the law of the land."
Q: How has the Magna Carta influenced the development of human rights around the world?
A: The Magna Carta has had a lasting impact on the development of human rights around the world. Its principles of due process, habeas corpus, and trial by jury have been incorporated into the laws of many countries and have influenced the development of international human rights law.
Q: What are some of the challenges to the implementation of the Magna Carta's principles in modern times?
A: Some of the challenges to the implementation of the Magna Carta's principles in modern times include:
- The erosion of due process in the face of national security concerns
- The use of habeas corpus as a tool for detaining individuals without trial
- The increasing use of plea bargaining and the decline of trial by jury
- The impact of globalization on the administration of justice
Conclusion
In conclusion, the Magna Carta is a foundational document in the history of human rights. Its principles of due process, habeas corpus, and trial by jury have had a lasting impact on the development of human rights around the world. However, there are still challenges to the implementation of these principles in modern times.
References
- The Magna Carta (1215)
- The Anglo-Saxon Chronicle (9th century)
- The Norman Conquest of England (1066)
- The Church and the Development of English Law (12th century)
- The History of English Law (13th century)
Further Reading
- The Magna Carta: A History and Commentary by J.C. Holt
- The Anglo-Saxon Law by F.W. Maitland
- The Norman Conquest of England: A History by David Bates
- The Church and the Development of English Law by R.H. Helmholz
- The History of English Law by W.S. Holdsworth