The History of Law
I have recently been reviewing some lectures on the history of law, beginning with the ancient civilizations down to the present.
I have ---until now--- believed that the Magna Carta was a great revolution in securing previously-unsecured human rights at least in the line of British and American developments. My wife told me I was nuts.... that human rights were original with the Law of Moses.
Turns out, we were both wrong. It appears that in great civilizations, complex legal systems guaranteeing human rights have been the genesis, the cause of societal greatness, and that as the civilization peaked and began a decline, human rights were correspondingly being degraded by corrupt governmental institutions generally.
The Magna Carta was a demand, backed by various nobles whose interests were being threatened by Royal corruption, that previous rights must be recognized by the King. The Scots, the Celts, the Angles, The Saxons, the Danes, and the Vikings all had legal systems with great individual rights, and very limited governmental perogatives. That is why they were strong peoples.
The Normans, once a Viking branch, had been corrupted by the French legal remnants with serious authoritative reductions in human rights carried down from the fall of the Roman Empire. William the Conqueror only won the battle of Hastings because the defenders didn't see him coming, and had wasted their strength fighting one another.
The American Revolution was the result of corrupt English government literally abusing the colonists and denying them the rights they expected devolving from the common law that went clear through the Magna Carta to centuries of better expectations. In a large measure, we owe our liberty to the Scots, because 9 of the 56 statesmen who produced our Constitution were students of one Princeton (then College of New Jersey) professor named Witherspoon, who knew well his origins and legal traditions, and warned against unbridled government....
James Madison was a Witherspoon student who stayed on for extra courses after his graduation.....