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Vol 21 No 11 Nov/Dec 2016

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Magna Carta, Religion and the Rule of Law

Edited by: Robin Griffith-Jones, Mark Hill

ISBN13: 9781107494367
Published: April 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £24.99
Hardback edition , ISBN13 9781107100190



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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.

Subjects:
Ecclesiastical Law, Legal History
Contents:
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 Martinez-Torron
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.