Resources

Review: Magna Carta, Religion and the Rule of Law

19 Jun 2015 Resources

'Magna Carta, Religion and the Rule of Law' (Ed. R Griffith-Jones and M Hill, CUP, 2015, 414 pages)

Paperback ISBN 9781107494367, RRP £24.99, hardback ISBN 9781107100190, RRP £64.99

This volume contains seventeen essays on a variety of topics from a wide array of expert contributors - jurists, theologians, historians - each with a worldwide reputation in their field. Together with an introduction by the two editors and a fascinating and informative keynote address by Lord Judge, the result is a substantial offering towards the anniversary debate on the relevance of Magna Carta and its relationship to religion and law.

The book has been compiled from talks given at a 2014 conference at Temple, London, with additional papers by other scholars unable to attend. The overall theme of the well-attended gathering was that of faith and governance, a critical topic for today. Within that overarching agenda, there were three main subsections into which the book has been organised.

The opening chapters concern the birth of Magna Carta and the spread of its principles. Included here is an account of the role and influence of Magna Carta on ideas about religion and the rule of law in the colonial and revolutionary periods of American history.

The following section debates comparative religious approaches to Magna Carta's rule of law. The conference's brief was to take account of religious diversity and included contributors from non-Christian faiths. Here are discussions, perhaps rather tangential to the main theme, on the origins of the rule of law in Islam, justice in Islamic legislation, Sharia and the rule of law. There are also lessons drawn from India as well as Magna's Carta 'still small voice' in Christian traditions.

Whilst the book is grounded in a respect for today's pluralistic religious culture, the chapter on Magna Carta's biblical principles is especially illuminating."

The final section focuses on the contemporary inheritance of Magna Carta, including the development of human rights from then until the 1948 Universal Declaration of Human Rights. Of particular interest are essays on the possible links between Magna Carta and the European Convention on Human Rights, and Strasburg's approach to religion in pluralist European democracies.

The chapter on Biblical principles and Magna Carta, written by former Chief Rabbi Jonathan Sacks, is especially illuminating. Sacks insists that although Magna Carta can be read as a historical, constitutional or legal document, "it was first and foremost a religious document." (p301). Highlighted here is Archbishop Langton's original desire to create a Biblical, covenantal kingship in England, based upon what Moses had commanded in Deuteronomy. In this chapter we learn that "the torch handed down from Magna Carta to the present day is a torch that Langton had fuelled from the Bible he knew so well" (p302). Sacks strongly advocates that a covenantal basis for society founded upon the Judaeo-Christian ethic is just as relevant today.

In summary, the book's particular vantage point is the "monolithic English Church as it existed in 1215 and the plural and diverse faith communities of today's more secular age." (p3).

The appendix provides translations of the original 1215 version of Magna Carta side-by-side with the fourth version of 1225, showing how the charter developed in its early life. The book concludes with an extensive bibliography and a substantial subject index, very helpful for those wanting to pursue a topic across the many diverse chapters.

It is difficult to disagree with Lord Judge's assertion: here is an analysis of Magna Carta's significance unlikely to be equalled elsewhere."

This compilation might be rather technical and advanced for the casual reader but it is difficult to disagree with Lord Judge's assertion that here is a dissection and analysis of the significance of Magna Carta unlikely to be equalled by any other group of scholars. Certainly there is a wealth of factual information and ideas to ponder, and the whole project is a testimony to Magna Carta's iconic power and lasting legacy.

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  • Author: Resources Team

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