As you noted earlier Jim, our notion of universal equality is central to the examination of our morality. Universal Equality is nicely captured in the United State's foundational literature: "...all men are created equal...". This is language from the Declaration of Independance. Directly following from that mission statement is the implementation instructions, The Constitution of the United States.
Constitutional law derives from holding that the rule of law is supreme. So that all goes back to the Magna Carta (13th century) (and further back to the Charter of Liberties (12th century) and perhaps even further), which boils down to placing the rule of law above the rule of the king. It starts the great discussion that ends with all men being equal before the law. From "law above king" to "all men equal", I present some of the following history:
The Charter of Liberties predates the Magna Carta by 100 years. In it, Henry I takes the throne with the promise of certain abridgements of his rights. He states, "I, through fear of god and the love which I have toward you all, in the first place make the holy church of God free". This had little to do with Christianity's notion of morality, and was a political move to get the Church of England out from under the rule of the Catholic Church of Rome.
Although God was invoked for the Magna Carta as well, religion plays no central role in the debate between King John, the Barons, and the Catholic Church. The Church was involved, but a Christian notion of morality played no role in the Magna Carta's central themes, which were to give the English Barons more power.
I will note from Wikipedia that perhaps the Charter of Liberties did not really abridge Henry's authority as much as it seems it should have, and not as much as the Magna Carta abridged King John's. Specifically these document codify: the rule of law over the rule of King, the Right of Habeas Corpus, and judge's rights.
Throughout the next few hundred years, the Magna Carta grew in influence as each new king re-affirmed it in their own charters as they assumed the throne. I think it was Henry III who took the throne as a boy who, predictably as followed from his age at coronation, lost the most power early, and then set that loss in stone as he ruled for over 50 years.
In the late 1500s, Edward Coke came along and helped interpert the Magna Carta as applicable to all citizens of the realm, and not just to nobles. He was Speaker of the House of Commons, and later was the Lord Chief Justice. Coke asserted the rights of free men in a variety of circumstances. Incidentally, he was also involved in landmark cases on anti-trust and judicial review.
I've read through several of Coke's rulings and I can't find a case where he harkens back to God or Christianity. He refers a lot to common law, but his rulings are largely secular. I invite further review as my research was far from comprehensive.
From Coke, although it took some more centuries, it is clear how we get the United State's founding documents, then an abolition of slavery, of sufferage, and of civil liberties of African Americans.
Clearly other forces apply, but this lineage of secular forces from the 1100s to the 1960s makes a strong case for a secular origin to the growth of human equality.
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3 comments:
Jim: Some quick notes. First off, 1215 is really early to be talking about equality, isn't it? I don't mean that the Magna Carta is not super-significant, I just mean it is interesting how back the process goes.
The second is that the motivation behind the Magna Carta is probably economic, right? It is a distribution of power, but that is based on what I think we would now call economic. Feudal lords gaining more power.
Third, I think it is safe to say that in 1215, the Church and Christianity were not standing for equality and justice. So, like Spinoza's writing, the evolution of economic equality of the members of a society is another stream safely independent from the early church and the Reformations contributions to equality and tolerance.
Finally, if there are any relgious readers, recognize that whatever God's role in the human pursuit of equality was in 1215, I personally would not feel comfortable arguing the "church" or Christianity was working for greater equality as between the kings and his lords.
Matt: I have just heard an interview in which the constitutional lawyer indicated that English common law might predate Christianity's rise in England. That would remove any doubt that the Magna Carta or the Charter of Liberties could be said to have arised from Christian influence. I'll do some research and report back.
Jim: That is an exciting find. My semi-informed view is that the exteme versions of equality and tolerance that make America great are the product of a confluence of ideas and that some but not all are provided by the church.
In fact, I think it is very likely that the difusion of power, thus an equality among members of a society or class within society, may very well have economic motives. Or whatever else was the driving force behind Magna Carta and its predecesors.
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