Book contents
- The Blessings of Liberty
- Law and Christianity
- The Blessings of Liberty
- Copyright page
- Dedication
- Epigraph
- Contents
- Preface and Acknowledgments
- Introduction
- 1 Christian Contributions to the Development of Rights and Liberties in the Western Legal Tradition
- 2 Magna Cartas Old and New
- 3 Natural Law and Natural Rights in the Early Protestant Tradition
- 4 “A Most Mild and Equitable Establishment of Religion”
- 5 Historical Foundations and Enduring Fundamentals of American Religious Freedom
- 6 Balancing the Guarantees of No Establishment and Free Exercise of Religion in American Education
- 7 Tax Exemption of Religious Property
- 8 Faith in Strasbourg?
- 9 Meet the New Boss of Religious Freedom
- Concluding Reflections Toward a Christian Defense of Human Rights and Religious Freedom Today
- Index
8 - Faith in Strasbourg?
Religious Freedom in the European Court of Human Rights
Published online by Cambridge University Press: 28 October 2021
- The Blessings of Liberty
- Law and Christianity
- The Blessings of Liberty
- Copyright page
- Dedication
- Epigraph
- Contents
- Preface and Acknowledgments
- Introduction
- 1 Christian Contributions to the Development of Rights and Liberties in the Western Legal Tradition
- 2 Magna Cartas Old and New
- 3 Natural Law and Natural Rights in the Early Protestant Tradition
- 4 “A Most Mild and Equitable Establishment of Religion”
- 5 Historical Foundations and Enduring Fundamentals of American Religious Freedom
- 6 Balancing the Guarantees of No Establishment and Free Exercise of Religion in American Education
- 7 Tax Exemption of Religious Property
- 8 Faith in Strasbourg?
- 9 Meet the New Boss of Religious Freedom
- Concluding Reflections Toward a Christian Defense of Human Rights and Religious Freedom Today
- Index
Summary
This chapter examines the influence of Magna Carta on the development of rights and liberties in the Anglo-American common law tradition. Originally issued by King John of England in 1215, Magna Carta and several later medieval sources set forth numerous prototypical rights and liberties that helped to shape subsequent legal developments in England, America, and the broader Commonwealth. Magna Carta inspired sixteenth-century Puritan dissenters in Elizabethan England and seventeenth-century English jurists like Sir Edward Coke and Puritan pamphleteers like John Lilburne, who advocated sweeping new rights reforms on the strength of the Charter. Magna Carta also inspired more directly the new bills of rights and liberties of several American colonies, including notably the expansive 1641 Body of Liberties of Massachusetts crafted by Nathaniel Ward, and many of the rights provisions in the American Declaration of Independence, the original state constitutions, and the US Constitution and Bill of Rights.
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- The Blessings of LibertyHuman Rights and Religious Freedom in the Western Legal Tradition, pp. 227 - 258Publisher: Cambridge University PressPrint publication year: 2021