Christianity and the Common Law

Vocabulary terms and key historical, doctrinal, and conceptual milestones illustrating the influence of Christianity on the development of the English Common Law.

Natural law

An objectively ascertainable measure of right and wrong grounded in the belief that God's law is universal, timeless, and exists independently of human recognition.

Legal positivism

A legal theory asserting that law is simply what humans posit and write down, representing a shift away from belief in objective truth and universal divine law.

Claudius

The Roman emperor who invaded England in AD 43, which led to the introduction of Christianity to Britain.

Augustine

A missionary sent to England by the Pope in 597 following the decline in Christian presence after the end of Roman occupation.

Aethelbert

The King of Kent who converted to Christianity in 600 and created the first written law code in the English language inspired by his faith.

Doom Book

The 871 law code issued by King Alfred of Wessex that incorporated the Ten Commandments and the Golden Maxim, establishing crimes as offenses against the Crown and society.

Canon Law

An internal system of rules and regulations created and enforced by Catholic Church authorities, which influenced the development of English Common Law and contract law.

Pope Gregory VII

The Pope who, in the 1070s, initiated the centralization of the Catholic Church and the formalization of Canon Law.

Magna Carta

A 1215 legal charter drafted with the assistance of the Archbishop of Canterbury using biblical principles, which established that the powers of King John were limited.

Judge Bracton

A legal jurist who declared around 1235 that 'the law makes the king' and argued that earthly rulers must remain subject to the law as vicars of God.

Law of equity

A legal tradition that originated in 1345 when King Edward III permitted claims to be made directly to the Chancellor without being constrained by the strict procedural rules of secular common law courts.

The King's conscience

The legal moniker given to the Chancellor, who was empowered to resolve disputes flexibly and outside the rigid forms of common law.

Edward Coke

The Chief Justice who challenged King James I in 1608 by arguing that the king is under God and the law, and cannot alter the law without consulting Parliament.

Crimes against humanity

A legal category established following World War II to prosecute Nazi atrocities, reflecting a return to natural law principles by recognizing acts as objectively wrongful without prior positive law authorization.

Universal Declaration of Human Rights

A 1949 international document reflecting a return to intrinsic, objective human rights, affirming in Article 1 that all human beings are born free and equal in dignity and rights.

Extemporary judgements

Judicial verdicts delivered immediately after hearing the facts of a dispute in order to administer practical and timely justice.

Neighbor principle

The foundational test in the law of negligence developed by Lord Atkin, formulated directly from the moral teachings of Jesus in the New Testament.

Article 9

The legal provision protecting the right to freedom of religion and belief, invoked in court proceedings concerning the role of prospective foster parents.