Why every lawyer should care about the Magna Carta
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By Jill King
By Jill King, Former Global HR Director, Linklaters
In a recent survey, 60 per cent of 18 to 24 year olds said they knew nothing at all about the Magna Carta. Even Prime Minister David Cameron stumbled when he was asked about it by David Letterman on The Late Show back in 2012. This year marks the 800th anniversary of the signing of the Magna Carta, but how well can most lawyers explain its meaning and importance? Does it matter if most don't see it as relevant or meaningful to their professional life?
The Magna Carta remains fundamental to our culture, our laws and our individual rights. While it may have been written to resolve disputes between a medieval king and his barons, it represents a bedrock of Britishness, a foundation of all that's good about making laws. It places the law above government and it established in a written contractual form a council that eventually became our representative parliament.
The Charter comprises 63 clauses, only three of which are still enshrined in law. One defends the freedom and rights of the English Church, another relates to the privileges enjoyed by the City of London and the third is generally held to have established the right to trial by jury. One of its key provisions is that imprisonment should not occur without due legal process. The continuing relevance of the Magna Carta revolves around the importance it places on liberty, justice and the rule of law.
From the principle of the rule of law, and equality before the law, comes the inspiration for the declarations of human rights. In that sense, the Magna Carta has been described as the most valuable export our country has ever made to the rest of the world. Not only did it enshrine the rule of law in English society but, over the centuries, it has influenced constitutional thinking in countries such as France, Germany, Japan and the United States.
For today's commercial lawyers, the Charter may seem irrelevant to day-to-day work on complex global transactions. Yet, the Magna Carta goes to the heart of the law as the foundation of society. Being a lawyer provides a financially rewarding career and opportunities to work on complex legal issues. But, playing a part in sustaining a just and fair society should remain the prime motivation for becoming a lawyer if the integrity and importance of the profession is to be upheld.
The British Library has brought together the four surviving copies of the 1215 manuscript in a special exhibition. Many other celebrations of the 800th anniversary of the signing of the Magna Carta will take place on 15 June 2015. It's timely for lawyers to learn more about the Magna Carta and to use this moment in history to remember why being a lawyer and upholding the fundamentals of liberty and justice are so very important.
Jill King is a consultant and the former global HR director at Linklaters (www.jkinsights.co.uk)