Magna Carta, Religion and the Rule of Law

ISBN-13: 9781107100190 / Angielski / Twarda / 2015 / 434 str.

Robin Griffith-Jones; Mark Hill Qc

Opis

Archbishop Stephen Langton hoped with Magna Carta to realise an Old Testament, covenantal kingship in England. At the Charter's 800th anniversary, distinguished jurists, theologians and historians from five faith-traditions and three continents ask how Magna Carta's biblical foundations have mattered and still matter now. A Lord Chief Justice, a Chief Rabbi, a Grand Mufti of Egypt, specialists in eight centuries of law, scholars and advocates committed to the rule of law and to the place of religion in public life all come together in this testimony to Magna Carta's iconic power. We follow the Charter's story in the religious life of the UK, America and now Continental Europe, and reflections on religio-legal traditions far from the Common Law enrich the story. Magna Carta, Religion and the Rule of Law invites all religions to ask what contribution they themselves should make to the rule of law in today's secular, democratic polities.

Recenzje

'This book brings together notable thinkers from a range of disciplines, focusing their thoughts on a topic that is of the moment in many ways … it represents great value … a useful introduction to areas as diverse as thirteenth-century English church history, Islamic concepts of justice, and the tracing of Judao-Christian thought through our social discourse and legal systems.' Stephen Farrell, Search

Spis treści

Part I. Introduction: 1. The relevance and resonance of the Great Charter of 1215 for religions today Robin Griffith-Jones and Mark Hill QC; 2. Magna Carta Lord Judge of Draycote; Part II. The Birth of Magna Carta and the Spread of its Principles: 3. Due process in Magna Carta: its sources in English law, canon law and Stephen Langton John W. Baldwin; 4. From Charter to common law: the rights and liberties of the pre-Reformation Church Margaret McGlynn; 5. Magna Carta and the law of nations R. H. Helmholz; 6. Magna Carta and personal liberty Sir John Baker QC; 7. Towards a new Magna Carta for early modern England John Witte, Jr; 8. Differences over the foundation of law in seventeenth- and eighteenth-century America David Little; Part III. Comparative Religious Approaches to Magna Carta's Rule of Law: 9. Quranic Magna Carta: on the origins of the rule of law in Islam Wael Hallaq; 10. Justice in Islamic legislation Ali Gomaa; 11. Sharia and the rule of law: preserving the realm Anver Emon; 12. Democracy and the power of religion: some lessons from India Sudipta Kaviraj; 13. The still small voice of Magna Carta in Christian law today Norman Doe; 14. Magna Carta, rule of law and religious diversity Maleiha Malik; Part IV. The Contemporary Inheritance of Magna Carta: 15. The development of human rights thought from Magna Carta to the Universal Declaration of Human Rights Sir Rabinder Singh; 16. Strasbourg's approach to religion in the pluralist democracies of Europe Javier Martínez-Torrón; 17. The Great Covenant of Liberties: Biblical principles and Magna Carta Lord Sacks; 18. The cardinal rule of religion and the rule of law: a musing on Magna Carta Simon Lee; Epilogue: 19. Strengthened by the rule of law: the message of Magna Carta for religions today Lord Dyson; Appendix: the charters in translation.