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The Religious Factors In The Birth Of The Magna Carta

Posted on:2008-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2166360242959173Subject:Law
Abstract/Summary:PDF Full Text Request
If constitutionalism is defined as restriction of power and protection of rights, the Magna Carta 1215 may be deemed as the origin of the British constitutionalism.The causes of the Magna Carta may be discussed in terms of politics, economics, culture, religion, tradition, and etc. Different points of view may result in different interpretations, and uncover the once hidden pictures, thus offering a fuller, richer and more objective understanding.The article discusses the birth of the Magna Carta, finding that although the Magna Carta was the direct consequence of the conflict and compromise between King John and church, feudal monarchy and secular aristocracy, their conflict in Medieval Ages was greatly influenced by Christianity.The article is divided into three parts. The first part is on the Magna Carta and the origin of the British constitutionalism. In the early thirteenth century, King John had a bitter disagreement with Pope Innocent III about who would become Archbishop of Canterbury, and trenched on the property of the church. As a result, he was excommunicated by Pope Innocent III. Besides, King John's tyranny led to the rebel of nobles. Suffering dual pressure, he had no choice but signed the Magna Carta. As far as its contents and nature are concerned, the Magna Carta was a typical feudal law and common law document. However, it established the important rules of constitutionalism such as: king under law, human right protection, parliament system and due process. It is regarded as the origin of the British constitutionalism due to its great influence on the evolution of the constitutionalism of England.The second part is on Christianity, which is the historical background of the Magna Carta. As a branch of Judaism, Christianity became the state religion of Rome, the guidance of the Barbarians, and then a close partner of the British monarch. The church's power was gradually expanded, and Christianity got mature. The former was the social foundation of the Magna Carta while the latter provided the philosophy for the Magna Carta: transcendent justice and the lawfulness and limit of the governing power, binary politics and the division and balance of power, sin and the necessity for power control, man is created equal and human right protection. These theories are not fully-developed, consistent, or original in every respect, but they have come down anyway.The third part is about contention of power between the monarchy and church, which is the practical foundation of the Magna Carta. In the Medieval Ages, the limitation to monarchy power was not only in theory. The conflict between the monarchy and church built a solid practical foundation for the birth of the Magna Carta. Through the efforts of Ambrose, Gregory and other early church leaders, and Donation of Pepin, and the reform of Congregation of Cluny, the church had gathered enough strength to fight against the monarchy and was coveting for a power above the king by the time of the church reform by Gregory VII. Expansion of Pope's theocratic power offered a strong support to the English church in its combat against the monarch about the appointment and investment of priest office and jurisdiction.Now, we understand that Christianity laid a solid theoretical and practical base for the Magna Carta. Of course, such a conclusion would be impossible if we did not consider the Magna Carta in the context of the Medieval Ages and the background of the whole western European society.Finally, the author proposes the proper attitude toward religion.
Keywords/Search Tags:the Magna Carta, Constitutionalism, Medieval Ages, Christianity, Contention of Power between the Monarchy and Church
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