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The Emergence of Law in Britain
The people gain their rights!
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California Standard California Standard 7.6-5: Know the significance of DVs in medieval English legal & constitutional practices and their importance in the rise of modern democratic thought and representative institutions (Magna Carta, parliament, DV of habeas corpus, an independent judiciary in England)
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Under the Romans, there were laws that people followed
(If you didn’t- you would get punished or even put to death!)
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After the Fall of the Roman Empire in 476 AD by Barbarians-
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Europe needed new laws and leaders
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Feudalism was a social & political system that was set up by Kings & Queens in order to gain control of their land
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“I proclaim this day- Mrs. Klein Rules Day- now pay me my $$$$!”
Every lord in his castle was able to set up his own laws for his peasants & serfs to follow “I proclaim this day- Mrs. Klein Rules Day- now pay me my $$$$!” “Not again!”
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As time went on, a government and the rule of law were slowly brought back as the King’s powers increased
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“Taxes! I need to collect more taxes!”
In England, the King gained a lot of power & used it against his people “He’s joking right?” “Taxes! I need to collect more taxes!”
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VERY IMPORTANT PIECE OF PAPER
In 1215, King John (Henry II’s son) was captured by a group of lords & clergy & made to sign a VERY IMPORTANT PIECE OF PAPER King John VERY IMPORTANT PIECE OF PAPER
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Magna Carta Poor King John was made to sign the Magna Carta
The actual Magna Carta! (1215)
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(meaning “Great Charter”) strongly limited the power of the king
Magna Carta (meaning “Great Charter”) strongly limited the power of the king
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Major Points of the Magna Carta:
“Y can’t I wiretap??” 1. The king is the absolute ruler- but even he has to obey the laws!!!
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Major Points of the Magna Carta:
2. The King can’t limit the freedom of the Church
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Major Points of the Magna Carta:
“Can I tax?” 3. The king can’t tax without a meeting of the Great Council (a bunch of lords who would get together) “Ummmm…. NO!
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Major Points of the Magna Carta:
4. The king can’t put anyone in jail without “due process of law” “I am entitled to a fair trial” “due process of law”: You get a fair trial
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The Magna Carta will become part of permanent English law & is still used today!
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The “founding fathers” will borrow from the Magna Carta when writing up the United States Constitution & Bill of Rights
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