Category: Magna Carta

Despite the fact that our society has come a long way in accepting and treating persons with disabilities better, judgement and discrimination still exists. It is still inevitable to get judged by others for what you are, and who you are. What makes this even worse is the fact that people often see your flaws first instead of seeing who you really are as a person. This particular issue which is present in the society today, is one of the things that persons with disabilities face. In fact, persons with disabilities are just the same with the able-bodied individuals; they are also human beings just like us. However, some people still find it hard to fully accept and embrace the disabilities that some people have, and make them feel inferior. These disabilities are rather seen as weaknesses, that often leads to discrimination, social exclusion, and unfair judgement and treatment.

As stated in the article that is linked above, persons with disabilities still face a lot of issues aside from discrimination, social exclusion, and unfair judgement and treatment. Other challenges that PWDs are facing include issues in health and education; unemployment; and limited accessibility to transportation and services. We all know that persons with disabilities are already having a hard time and the aforementioned challenges that they face on a daily basis only make it harder for them.

With that being said, the Philippine Government implemented Republic Act No. 7277. Republic Act No. 7277 is an act for the persons with disabilities which is also known and cited as the ‘Magna Carta for Disabled Persons.’ This act covers all disabled persons in the society, and is known to provide rehabilitation, self-development and self-reliance of disabled persons and their integration into the mainstream of society. This act also provided principles for the rights and privileges of disabled persons, and some of these include giving full support to the improvement of the total well-being of disabled persons and enabling them to live freely and as independently as possible, which includes equal opportunity for employment; access to education, health, auxiliary social services, telecommunications, public transportation facilities; mobility; and political and civil rights. The act also mentioned that the State shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to disabled persons.

In simpler words, the Magna Carta for Disabled Persons was implemented to expand and strengthen the benefits and privileges of persons with disabilities. However, even with this act, PWDs are still treated unfairly up to this day. If even a republic act cannot change the society’s mindset and behavior towards PWDs, then no one else is to be blamed but the individuals in the society themselves. As human beings, we must all accept each other for who and what we are, and lend a hand to those who are in need of assistance. Each one of us, either able-bodied or disabled, are all equally capable of making a difference in the world.

Government plays an essential role in the progression of any developing regime. Whether it is on a larger level such as a country or on a smaller scale such as local governments or maybe even recently established colonies, a functional government provides the basis for everyday acts. These acts can range from something as small and minor like whether your land reaches an extra centimeter or something as large as the process of deciding the leaders that are represented in the government. Great thinkers and documents have influenced how different regimes organize the way their government is structured. To be even more specific, Enlightenment thinkers and the Magna Carta were large influences for many self-governing structures that were seen in some of the colonies. When I delved into this topic, supported by insightful Magna Carta essay examples and a deeper understanding of Enlightenment thinkers, it became evident how influential ideas and historical documents can be in shaping the structure of diverse governing bodies.

The Magna Carta is a very old document that can be dated back to the early 1200s. Due to political unrest in eastern Europe. England, being the center of this political unrest, broke out into a civil war. King John had many oppositions to him and it happens that during this time of civil war his enemies gained power. Cornered and defeated, King John was forced to concede. King John was obligated to sign a document which distributed power to the nobles of England. The Magna Carta can be seen as the first ever formally written constitution made. Major aspects of it included the dropping of over taxation of the people and the distribution of power among high ranking officials. On surface, this document removed the king from a absolute, dictatorial, and supreme position of power and devolved it to the “people”.

The Enlightenment was a period of time where the use of higher reasoning and social movement was brought into light with regard to government. John Locke, a major enlightenment thinker discussed ideas such as “consent of the governed” and the three natural rights. These rights included life, liberty, and property. John Locke also stressed on the process of removing people from absolute levels of power. These aspects of running a successful government can be seen throughout the colonies as they implemented it into their self governing structures.

Devolution of power can be seen throughout the colonies, this can be seen especially in Connecticut. In Connecticut, leaders are chosen by vote. This is not only a form of devolution of power but it can also be seen as a principle of consent of the governed. As John Locke states in document 2, “all peaceful beginnings of government have been laid in the consent of the people”. It can be seen that voting is a form of this principle which the drafters of the colony of Connecticut implemented into their government structure. The Manga Carta states that “ the decision about creating or collecting taxes will on that day will be made by a decision reached by vote of majority rule of the representatives of the people”. This is also seen in the government of the colonies (specifically Connecticut) as the people also vote for leaders such as the governor. Lastly, In the Mayflower Compact, it states that “the general good of the colony, which we promise… to be chosen by majority rule”. Majority rule from the Mayflower Compact can be seen in the early stages of government for the colonies too.

In conclusion, the colonies have been seen to integrate several self-governing structures that have been evolved and developed from historical documents such as the magna carta and from respectable thinkers such as John locke.

In this essay, a critical examination of the nature, function and utility of juries, as they operate in the legal system of England and Wales will be carried out. In essence, the paper will examine why juries are a fundamental part of the English legal system, as well as the criticisms of their role. Focusing on the jury’s role and importance in criminal cases, the paper will be divided into two parts. In part one, the importance of the juries- an open system of justice, their salutary nature, independence, among other- will be highlighted. The second part of the essay will engage with a critique of the utility of the jury. This will include issues of the misconduct of the jury- non-professional, jury tampering, jury bias- will be argued. This essay will take the view that despite their weaknesses, juries have been fundamental to the English Legal System in terms of fair trial and dispensation of justice.

In England and Wales, the English system consists of 12 juries that fulfil a very important role. The courts need jury cooperation to function, especially in cases that are very difficult to see what’s fair? and what’s not? It is mainly the criminal cases that can be very difficult to judge. Juries role is to determine whether a person is guilty for the offence that, he or she is charged for. In the court, juries are presented with evidence, and they can only reach their verdict on the foundation of what evidence they been presented with. They have to make sure they assess the evidence carefully. Juries have to remain impartial and independent to fulfil their role fairly.

Juries have played a very important role in history as well. The idea of juries was developed from historical documents and Bill such as Magna carter and the Bill of Rights 1689, that are still used today. In the history trial by jury was seen as a mechanism to stop oppressive rule by the monarch or the executive. Magna Carta 1215 has been said, to be the primary source of the right to trial by jury. Sir William Blackstone, who is a famous English legal author, declared Magna Carta’s guaranteed of trial by jury. In Magna Carter, it was recognised that trial by jury was a mean of preventing arbitrary justice from the throne back in the days. Magna Carta is significant even today. This is because of the way people have reinterpreted or even misinterpreted the text of Magna carter over the centuries. Ideas and realities of trial by ordeal were one of the very main objectives of the Magna Carta.

Bill of Rights in 1689 reasserted the right to trial by jury as an ancient liberty. The bill of right 1689, Gave individual the right to freedom of speech. It also allowed individual to have their right to a fair trial. The Bill of Right granted the civil right to the people and protected individuals liberty against the interfering power of the country

Lord Devlin (1956), who was one of the most influential judges of the 20th centuries. He was one of the very strong advocates/judges for trial by juries. He strongly believed that juries ware a very important part of the justice system. Lord Devlin (1956) stated, “Trial by jury is more than an instrument of justice’ This states that having jury is a very immeasurable way to serve justice.

Trial by juries are held when an individual does not plead guilty to the crime. However, if they are found guilty, they would be face with serious punishment. Before the Criminal Justice Act 2003, the Juries Act 1974 established the acceptability and dismissal criteria for jurors. As well as giving people in certain professions the right to withdraw themselves from the jury service. However, when the Criminal Justice Act 2003 was established, it implemented many recommendations such as removed ineligibility and the right of excusal from jury duty in a certain profession.

Firstly, the jury is a very important part of the legal system because juries are part of the public and therefore, they reflect the view and opinion of the public which allows the public to feel more engaged. To elaborate on this point, the jury system gives the public a chance to participate in the legal process which is considered a very fair and just way of serving justice. Lord Devlin (1956) stated, “Trial by jury is more than an instrument of justice”. This states that having jury is a very immeasurable way to serve justice.

Additionally, juries are provided with an opportunity to engage with the law closely, which gives the public hope and trust on the legal system. In the Magna Carter, King John guarantees that no “free man” will be punished, “without the lawful judgement of his peers”. In this statement he was referring to the juries who are representing the views of the public, that without the public opinion, no innocent person would be punished.

Another reason, why juries are considered important way to judge a case, as it is believed that “12 heads are better than 1”. This statement is referred to as 12 juries will have a fair outcome than just one judge. In the selection, of the process juries are picked randomly from diverse backgrounds such as black, white, Asian, Muslim, Christians, Hindus and many more but they have to meet the criteria of juries under the Jury Act. The random selection of juries is recently introducing in England and wales.

To refer to 1900, the jury was a mostly white male and due to the high degree of racism, it was very normal for the juries to be prejudiced against black people.

In the UK most black young men are still stereotyped as engaging in criminal behaviour. Although, now racism against black people is not as crucial, but racism still exists in England and wales. Hence why in 2011 Lord justice, in his review suggested that in a ‘racially sensitive’ cases, there must be at least three ethnic minorities jurors. But the government was not in the favour of this recommendation as the government wanted a fully random selection as it seems fairer .

Finally, the most important reason why juries are a fundamental part of the English legal system in England and Wales is that, juries are represented, as an open system of justice. Way before the implementation of Human Right Act, Open justice was acknowledged as vital to ensure public engagement and educating members of the public by publicizing accurate information.

The open system justice is a very important principle in jurisdictions of the UK. This means that when the courts are hearing testimony or legitimate argument of a case, the doors of the courts are open to the members of the public. Citizens in England and Wales can walk into a trial to see the legal proceeding. Lord Shaw extolled the virtues of this principle in the case of Scott v Scott. He stated that involving public is “one of the surest guarantees of our liberty”.

In this book author Dan Jones writes about the history and origins of the Magna Carta and how it came to be. He starts his story roughly 60 years before the document is set in place so that he can accurately show all of the stages of failure and revival. The Magna Carta was originally created as a peace treaty designed to make the king more accountable and answerable to his barons, this was both a success and a failure. This can, and often is compared to the Declaration of Independence which was put into place almost 500 years in the future. The Magna Carta was the first official document between the government and the people and it showed the concept of equal rights saying that no one, not even the king is above the law. We now view equal rights as a given but in the 1200’s it was not necessarily something that people thought of. Parts of the Magna Carta can still be seen in several current constitutional liberties such as trial by jury, due process and the ban on cruel and unusual punishment. Even though this document was established in 1215 there are parts of it that are still relevant today and it shows that we as people haven’t changed all that much in that long amount of time.

King John did not want to sign the document whatsoever. In fact he tried to get it declared void by the pope after it being in place for only a little over two months. The treaty it self was however fairly biased because it really only benefited the barons and the free men which at the time was only about 20 percent of the population so it really didn’t help that many people.

There were several additional versions of the Magna Carta over the next 75 or so years so it was an extremely unstable document. Even in England today there are only around three of the original laws that remain in place, there were originally 63. This shows that the Magna Carta could not hold up to the changing times and has become nearly irrelevant in English government today.

Author Dan Jones believed that the symbolism of the Magna Carta was a cry for freedom in an opposition to tyranny during the 1200’s in England and he would be right. The citizens were stuck with a leader who they did not like who was stealing from the church and ultimately taking advantage of them all. It made sense that the people would try to fix the problem at hand. They just wanted to be free from their awful ruler and according to Jones during a time of chaos in England the Magna Carta served its purpose for the time being. The Magna carta went on to inspire other treaties and legal documents. During that time the English had no idea what they had started and it went on to impact the world heavily.

There are many events throughout history that played a big role in the development of specific national identities. In this Magna Carta essay, I’ll talk about these impactful events that have really made national identities stand out. Two of the most recognizable cases of this is seen in the significant events that helped in the shaping of England and France. Some of the specific historic moments that had a large effect in the development of these two national identities was the Norman Invasion, the imposition of the Magna Carta on the kings of England, and the Hundred Years War.

One of the significant historic events that had an impact on the development of England is the Norman Invasion. From 1066 – 1071, William, the Duke of Normandy invaded England, which resulted in political, administrative and social changes in England. The Norman Invasion came about as a result of the claim that William, nicknamed “William the Conqueror” was a distant cousin of the previous King of England, Edward, who died without an heir to the throne. William said that Edward had promised him the throne when he visited France in 1051. He then invaded England to claim the throne and become the rightful King of England. One of the major changes William made as he overtook the throne, was the transformation of the character and structure of the Church. He had received the Pope’s benediction for his invasion by vowing to reform the “irregularities” of the Anglo-Saxon church, which had contracted its own customs. After these changes were made, Anglo-Saxon England then developed a very organized local and central government, and a newly effective judicial system. William also revolutionized the higher ranks of the English society as he divided the country by naming a few Norman tenants-in-chief and even more intermediate tenants, whose fiefs were held by knight service. The Norman Invasion is just one of the many historical events that had a heavy influence on the development of England. A few years later, the creation of the Magna Carta had a great impact.

Another important event in history that impacted the development of England is the imposition of the Magna Carta on the kings of England. The Magna Carta is one of the most important documents in history because it established that all people, including the king, is subject to the law. Also, it guarantees the rights of all individuals, especially the right to justice and the right to a fair trial. The Magna Carta came about in May of 1215 as a peace treaty between the barons and the king after the barons captured London, when then forced King John to finally negotiate with them. The barons as well as the knights were angry with John due to the fact that they were paying taxes for the wars that he had lost. This document created a lasting effect in England, as Parliament was formed from the council of 25 barons, and some of the clauses of the Magna Carta are still enforced in the English law. Many of the clauses included were very similar to ancient English customs that were considered traditional rights of Englishmen. Along with that, it upheld a fundamental principle that the Kingdom’s approval was required for all taxation, as well as making it necessary for the king to be taxed because it blocked many sources of income. The Magna Carta included due process of law, a council of 25 barons who would watch over the king, no new taxes without the agreement of the barons, and protection from illegal imprisonment (habeas corpus). The signing of this document truly changed the power of the monarchy and the well deserved rights of the general English citizen. The signing of the Magna Carta led to many improvements in England, and a few years later with the fighting in the Hundred Years War, more developments followed.

Finally, an event that strongly impacted both England and France in their development is the Hundred Years War. This historical event took place from 1337-1453, as England and France fought over the succession to the French throne. Although the name of this War suggests it, this was not fought consecutively throughout the 116 years. There were multiple major battles including the Battle of Agincourt (1415) which was a huge English victory over the French. There was not one specific cause of the Hundred Years War, there were a series of conflicts and an abundance of causes. Some of the main issues involved in, and leading up to the war include protracted conflict between king of France and England over territory on the continent, the English claiming the french throne, the status of english possessions in France, the French king dying without an heir, status of the duchy of Aquitaine, and French succession. An important immediate impact of the Hundred Years War, was the balance of power in England and France, as well as the development of weapons used for battle. Along with weapons, the size of the band of knights increased, as the kings needed a larger army. At the conclusion of the war, people felt a great sense of duty and citizenship to their country; unlike people under feudalism before. A very important impact that the Hundred Years War had in England, is the fact that Parliament and the king had developed a much closer relationship. The growth in this relationship had an important impact in England becoming unified. Also, England decided to trade and conquest more distant land as they discarded the idea of feudalism. Some of the more enduring impacts that the Hundred Years War had can include the English nobles losing their holdings in France. In addition to the immediate impact regarding the development of weapons, the armies were now composed of large infantries, bowman, and there was an increase of importance in the use of cannons; making heavily knights much less effective. Along with the Norman Invasion and the imposition of the Magna Carta on the kings of England, the Hundred Years War truly shaped England and France as national identities.

These three historical events played a very important role in the development of England and France as national identities. The Norman Invasion, the imposition of the Magna Carta on the kings of England, and the Hundred Years War each played a specific role, and had great effects on each of these nation-states. All three of these events had immediate and enduring impacts on either England or France, and in some cases, both.

INTRODUCTION

It is argued that a trial by jury is not a positive attribute to the adversarial system, due to unnecessary prejudice being a factor in decision-making. However, it is a significant factor in non-discriminatory decision making. The Magna Carta formed the historical underpinning of trial by jury. This was then recognised in the Australian Constitution and is still established currently. There are rules and regulations surrounding judge and jury conduct in criminal law cases. Despite this, prejudice and differing social standings can still play a role in influencing the verdicts of both the jurors and the judge. Though, having a variety of prejudices within the jury are intended to counterbalance common, stereotypical views, in order for a more reliable representation of the community. Trial by jury complies closely with Liberalism and Rule of Law principles due to the evidence that states it is a method of analysing the legal system, thus everyone is innocent until proven guilty. Although, subconscious influences relating to social media, provide limits to the presumption of innocence. In conclusion, if juries were abolished, judges would have full control over convictions, based only on their perception and evaluation of the law. This could be damaging due to judges being seen as disconnected from the general community.

THE FOUNDATIONS OF TRIAL BY JURY

The signing of the Magna Carta in 1215, was perhaps one of the most imperative, historical foundations for the development of the adversarial system and common law – in particular, the process of a trial by jury. King Henry II’s kingship largely influenced the fundamental change for a jury trial, as Lords were demanding power away from the king. The king accepted the request in 1156. Chapter 29 of the Magna Carta insisted that in order for a fair trial, the community must assess the case before a valid verdict can be drawn. The right to a community representative trial was a concept strongly inhibited by the Australian Constitution. S 80 of the Australian Constitution states that all criminal offences have the right to a trial by jury.

RULES AND REGULATIONS RELATED TO TRIAL BY JURY

There are strict rules and regulations in relation to procedure in a jury trial. This is reflected in the Jury Directions Act (2015). The document addresses in section 5, that jurors are accountable to construct a valid verdict based on only the facts and evidence provided. On the other hand, the judge has the responsibility for applying the facts and evidence to current and relevant law. Another role of the judge mentioned in section 14 is to provide explanations on facts and any other information that may need clarification such as legal terms and current law. He must abide by the given procedure. However, there are some limitations to these processes of jury trial. First of all, it is inevitable that not all judgements of the jurors are based solely on the information provided, as everybody has existing preconceptions, either consciously or subconsciously. Nevertheless, the intent of having twelve jurors with contrasting views may help to reduce the chance of common prejudice or stereotypes influencing the final decision. Secondly, in many instances, judges are perceived to be socially incompatible with the general community as they may be in a higher class or maintain a better socio-economic status. Because of this, the judge may not take into account the current knowledge of the jurors and use jargon. This can consequently lead to a misinterpretation of facts which may be detrimental to the fairness of the case. This is why judges must use simple and understandable language, that is fluent to the jurors and free of prejudice. This is in order to protect the presumption of innocence that is owed to any defendant from the entire decision-making body.

THEORECTICAL INTERLATIONS WITH TRIAL BY JURY

Presumption of innocence and a trial with equity, replicated in a trial by jury, are concepts that correlate closely with Liberalist and rule of law values. Both of these concepts promote very minimal interference between the governing body and its citizens. Consequently, the theoretical perspective interrelates with the evidence that the adversarial system, in particular trial by jury, is a way of questioning the intentions of the government, rather than the accused. Considering the presumption of innocence, this argument marginalises the external influences that are involved with jury decision making. The dramatic development and prevalence of technology has had an immense impact on the adversarial system. Any information is easily accessible and discrete. Inherently, people are consistently being influenced by what they see on social media. Data interpretation software enables social media sites to display advertising, accommodated to the individual’s internet history and frequent searches. Despite jurors being confined to only the factual evidence in the courtroom, the court has no ability to restrict the person’s influences in privacy. Therefore, as mentioned above, if a juror is exposed to an article or piece of writing relating to the case, the verdict may be effected – either subconsciously or knowingly. As a solution to this, maintaining diversity in the jury will help to reduce this outcome. An example of maintaining diversity would be having a range of jurors who do not engage in online activities.

THE CONSEQUENCES OF A TRIAL BY JUDGE ALONE

It is concluded that elements such as social media influence may be a contributor to the verdict outcomes of those participating in jury duty. However, the absence of a trial by jury in criminal cases, would increase the likelihood of settlements based on singular preconception rather than multiple. Trial by judge alone gives the judicial authorities overall power of the outcomes, which relies solely on their application and interpretation of the law. It is commonly believed that judges are oblivious to the norms of general society due to generally being higher in class and socio-economic status. Factors such as, class stereotypes and appearance could come into play when determining the fate of the accused. On the other hand, a positivist interpretation would argue that a trial by judge alone is beneficial, due to the experience and law knowledge attained by the judge. It is also more cost-efficient and faster in process. Another advantage is that they are required to justify their decisions. This keeps the law clear to the community; comparative with the jury system, where no explanation is given.

CONCLUSION

In conclusion, trial by jury is an asset to the adversarial system as it maintains transparency and societal representation within the courts. The foundations of the right to a trial by jury, such as the Magna Carta, perceive it as a way of confronting legal authorities to prevent unlawful treatment. This was then reflected in the Australian Constitution and is implemented in the adversarial system used today. Trial by jury imitates the principles valued by liberalism and rule of law such as the presumption of innocence. Although a jury trial may be more susceptible to bias, from sources such as social media, the variety of contrasting views among the twelve citizens, is seen to balance out personal prejudice and prevent its contribution in unfair decision-making. Therefore, by abolishing trial by jury, particularly in criminal cases, judges will receive overall power in the final outcome of the case. Despite their knowledge and experience, individual prejudice can still contribute to a verdict. As a judge is seen to be seen as distant from general societal norms, this could be harmful to the adversarial system.

Economic Features

There were many peasant farmers due to the number of crops that needed to be produced for a numerous amount of people. A guild was a group of craftsmen and each guild would focus on a specific category of trade such as the candle maker’s guild.

Magna Carta

In this Magna Carta essay example I’m going to present it, often referred to as the great charter, it is a significant legal development in England which acknowledges the will of others rather than god and god only, it is a written series of promises between the king and the subjects, that he would govern England and deal with people and situations with the feudal law. The magna carta rules how no one can be condemned, tortured, or killed. It was one of the most important documents in the medieval times. John who was the king of England in the early 13th century was unpopular and disliked as he imprisoned his former wife, he starved his opponents to death, he murdered his own nephew, he fought wars that were unsuccessful and he also made the taxes more heavier for barons to pay for his expensive wars against other countries, and if they didn’t pay he would seize there house or punish them another way, and in general he was just cruel and had a bad temper. In June 1215 the nobles acted against King John and forced him to sign the charter which was known as the magna carta, when he signed this, he made a promise to not abuse his power with the people of England suffering. When King John died in 1216, Henry the III was crowned King and to maintain the peace the magna carta was reissued several times in the 13th Century until it was made part of English law. The magna carta basically ensures that everyone including royalties must obey the law. It has now been around for over 800 years and it has had an impact on many countries, now it is known as the most famous document in the world, it has become the most powerful source, and is a symbol of international liberty all around the world. Without the Magna Carta we might not have the right and privileges we have today.

Feudal System

The feudal system was created when the fall of Rome happened. Feudalism helps protect communities from violence and warfare, restoring trade, it also secures Western Europe’s society and it keeps out powerful invaders. Feudal system works by organizing people by a hierarchy which is classifying people with the most amount of importance, from top to bottom. Everyone had jobs, certain rights and responsibilities, from the king/queen to the peasant or slave. Feudalism isn’t just about the king/queen giving orders to the people lower than them such as the nobles, knights and peasants. It’s also about giving back as it is a two-way thing. So, the king/queen gives the nobles land, the nobles give the knights and vassals land (fief), then they give the peasants land and protection in return for food and services, then the knights and vassals give protection and military services to the nobles, and then the nobles give the king/queen money and protection. It’s a repeated cycle that keeps on going, and in the feudal system, you can almost never change your social position, whatever you were born as you also die as. Feudalism establishes how no one person or organization can become too powerful, and that power is shared amongst many people and groups. This was the first step to putting limits on the government, constitutions and civil rights. The manorial system which describes how land is distributed is also related to the feudal system, and it made the feudal system possible. In the feudal system the parts of land that were not owned by the ruler or the church would be divided to manor land. Each piece of that land would be owned by either a knight or a noble who is given land as fief from the lord. The land is striped in pieces, so everyone gets an equal amount of good and bad soil, the only bad thing about that is that it’s time consuming because most the time you must walk somewhere else to get to your soil.

Political Features

The medieval political system consists of extremely harsh laws and even harsher punishments. It revolves mostly around the Feudal system and the manorial system. The magna carta has impacted whole of society, without it we wouldn’t get the right we have today

Knights

In the medieval times if you were a noble’s son you would become a knight. At the age of 7 roughly, the sons were taken to another castle to be trained, they are known as a page. They learnt to become strong, ride horses, and master the use of weapons. They also learnt two languages which were Latin and French which they had to read, write and speak. They were taught to dance and the rules of chivalry, which is honorable behavior. Once the boys hit the age 16, they became a squire rather than a page, they then had to work for a knight and do duties such as: getting him dressed, serving his meals, tend his horse, and cleaning his weapons, but squires also used the time to practice wearing heavy armor and using weapons to prepare them for what came next, which was becoming a knight at the age of 20, if he was worthy enough. Once he is ready to become a knight, they had a ceremony where he knelt, and the lord would touch each shoulder with a sword and make him a knight. Knights had to fight for the lord as well choose others to fight for him. Some were professional soldiers and others were just commoners or peasants. There weapons and armor were very simple compared to the men at arms. Knights made up only a small part of the society in medieval times, though they played an important role. They had to fight for the king, and they were given land from the lords, but in return they must provide them with protection. Knights also protected the peasants and the serfs in return for food and supplies. The knights wore armor when going to battle. They wore heavy metal and under that they wore padding to ease pain. The helmet they wore had breathing holes and eye holes to see and breath, there shields were usually made of wood or metal and had a family seal. The sword knights carry was their main weapon and is attached to their waist on the left, they also had knives, a lance, a metal axe, battle hammers and a mace.

King

The king and sometime the queen sat at the top of the social hierarchy. The king was very wealthy and had a very joyful life due to all his riches and privileges. As much as the king’s role was pleasant it was also very hard. As they must plan and fight wars, as well as fending off challengers to the throne, and keep the country in line. The king kept 25% of the land to himself and allowed the church officials and the nobles to use the rest. Usually royalty runs in a family. So, when a king dies, his eldest son would become king, however this is not always the case, if the king doesn’t have a son, his brother or another male family member would be next in line of the throne. But appointing a king can also come in a different form where the nobles and lords elect a king, or when a council elects a king. When the king is about to get crowned, he must go to a coronation which is a special religious ceremony, where the pope or bishop crowns him king. A king would live in a castle and would have several servants to take care of things throughout the day. Kings said that they were given rights to rule by god in order to keep control, therefore the church and the pope are very important. The education of a king would start from an early age and tutors would be hired, the king would be expected to be well educated. His education also consisted of many sports such as, hunting, sword-fighting and horse riding. If the king had spare time, he would use it for sports and hobbies. The hobbies of a king would usually be chess, checkers, dice games and hunting etc. The kings clothing is inspired by the Romans and Greeks classic style of clothing. Their style included, loose belts, robes which became an important part of the king’s fashion as well as long bands attached to the king’s sleeves. Closed and pointy shoes were also worn. However, after the crusades velvet and many other expensive types of clothing became more and more common.

In medieval times, there was the feudal system which determines what jobs people have and their level of importance. Once you born into a social position, you generally stay that position for your entire life.

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12. MEDIEVAL TOOLS IN AGRICULTURE 2015, viewed 14 November 2019, .

The Magna Carta, a seminal historical document dating back to 1215, stands as a foundational cornerstone of constitutional law and individual rights. Initially brokered between King John of England and his barons, the Magna Carta aimed to curtail the unchecked powers of the monarchy and establish fundamental legal principles. This historic agreement guaranteed key rights, including due process of law and protection from arbitrary imprisonment. While its immediate impact was limited, the Magna Carta’s enduring significance lies in its influence on subsequent legal frameworks, serving as a touchstone for the development of modern concepts of justice, civil liberties, and the rule of law.

Background: An Epoch-Marking Genesis

The Magna Carta was implemented in response to the growing tensions between King John of England and his barons, who sought to check the monarch’s arbitrary exercise of power. Facing financial strain and political discontent, King John convened a council in 1215 to negotiate with the barons. The result was the Magna Carta, a charter that outlined specific rights and limitations on the monarchy’s authority. It established principles such as due process of law, protection against unlawful imprisonment, and fair treatment under the law.

Though initially intended to address the grievances of the barons, the Magna Carta’s significance transcended its immediate context. It marked a turning point in English history, as it laid the groundwork for the idea that even monarchs were subject to legal restraints. Over time, the Magna Carta became a symbol of the rule of law and individual rights, influencing the development of constitutional principles and inspiring subsequent legal documents in England and around the world.

The Catalyst for Constitutionalism: The Magna Carta’s Epochal Role in Forging Governance

The Magna Carta is far from a mere medieval accord; it embodies a radical departure towards constitutional governance. In an epoch where the caprices of monarchs held the sway of law, this charter undertook the task of unsettling the foundations of absolutism. It introduced a radical paradigm: Rulers were bound by a corpus of regulations. This juncture paved the way for the concept of constitutionally circumscribed power. It exemplified a precedent that would galvanize future generations to conceptualize a realm where authority embraces accountability. The Magna Carta ignited the conflagration of constitutionalism. This chart illuminated a trajectory that converges toward societies characterized by justice and impartiality.

Cultural Impregnations: Magna Carta’s Influence on Art, Literature, and Popular Culture

The resonance of the Magna Carta’s ideals is not confined to legal doctrines and political systems. Its influence permeates the realms of art, literature, and popular culture. Writers, artists, and filmmakers have drawn inspiration from its themes of justice, accountability, and the pursuit of freedom. In literature, narratives champion the triumph of the underprivileged against oppressive regimes. From classic novels to contemporary tales, the charter’s legacy reverberates through characters who fight against tyranny.

In the world of visual arts, the Magna Carta’s symbols – such as the wax seal and parchment – have become iconic representations of justice. Paintings and sculptures depict its scenes, encapsulating the essence of an age-old battle for rights in captivating visuals. Even popular culture embraces the Magna Carta’s ethos. It appears in movies, TV shows, and video games, reminding us that its principles transcend time and genre.

Influence on Historical and Contemporary American Jurisprudence: A Transoceanic Ripple Effect

Navigating the corridors of history, we unearth the Magna Carta’s resonance in legal paradigms not only of England. This monumental manuscript heralded tenets, including equitable trials, safeguards against arbitrary detention, and the curtailment of governmental power, impelled transformative shifts across the globe.

In the American context, the architects of the developing nation drew profound inspiration from the Magna Carta. The foundational Bill of Rights enshrined principles commensurate with those in the charter. The spirit of the Magna Carta, underpinning the circumscription of monarchic authority and the safeguarding of individual liberties, harmonized seamlessly with the underpinnings of the American legal framework. It is as if the timbre of 13th-century England serenaded the framers of a fledgling republic. Which, in turn, led them toward a vision of justice and unfettered liberty.

The Global Diffusion: Magna Carta’s Universally Resonant Cadence

However, transatlantic voyages did not limit the effects of the Magna Carta. Its influences spanned continents and cultures. It ignited conflagrations of aspiration for rights and freedoms among diverse populations. As the document’s legacies permeated the collective consciousness of humanity, it metamorphosed into a clarion call – the call for those in the throes of oppression and subjugation.

From European uprisings to struggles for self-determination in colonial enclaves, the Magna Carta became a symbol of fortitude. It epitomized the notion that no constellation of power could repudiate the sovereignty of the rule of law.

Educational Evolution: The Magna Carta in Modern Pedagogy

The Magna Carta’s legacy extends its tendrils into the realm of education. Its principles serve as educational tools to impart concepts of justice, civil liberties, and the rule of law. Educators often use the charter’s historical context to engage students in governance and human rights discussions. By delving into the challenges and triumphs of the past, students gain a deeper understanding of the evolution of societies. Such understanding magnifies the enduring importance of protecting individual rights.

Intellectual Genealogies: Magna Carta’s Legacy of Thought

Even as the Magna Carta weaves itself into the fabric of legal mandates and political metamorphoses, its reach supersedes institutional formations. The ideas it germinated were akin to seeds sown in the fertile grounds of human contemplation. Eventually, they grew and manifested into profound philosophical dialogues. Scholars and visionaries are attuned to the lexicon encoded within the charter. They delved into individual rights, governmental authority, and the essence of justice. Through these intellectual excavations, the Magna Carta’s resonance transcended statutes. The charter was elevated to a cornerstone of political philosophy – a lodestar guiding explorations of the interplay between power and liberty.

Contemporary Reverberations: The Magna Carta’s Enduring Relevance in a Digital Epoch

Even in the vicissitudes of the digital era, the Magna Carta’s resonances continue to reverberate. Its precepts on individual rights, procedural justice, and legal accountability attain newfound significance within technology’s frontiers. From discussions on digital privacy to debates regarding the role of virtual platforms in shaping public discourse, the Magna Carta’s ethos of shielding rights in the face of ever-evolving circumstances retains its steadfastness. Within a milieu where algorithms and data bytes wield influence, the charter reminds us that justice’s quintessence transcends the conduits through which its pursuit is conducted.

Inimitable Significance: The Magna Carta’s Luminous Emblem

Magna Carta’s significance augments its classification as a relic of the past. And it goes beyond its historical and legal ramifications. It emerges as an emblem of hope and aspiration for societies grappling with governance and human rights intricacies. In a realm characterized by power disparities, the Magna Carta’s resonance resonates – a poignant reminder that principles of justice, responsibility, and impartiality constitute universal aspirations. Regardless of temporal or spatial dimensions,

Inspirational Evolution: The Magna Carta’s Journey into the Future

The Magna Carta’s journey is far from over. As society evolves and faces new dynamics, its principles will continue to inspire future generations. In an era where the struggle for rights and justice persists, the Magna Carta’s legacy provides a roadmap. The charter’s endurance is a testament to its universality, transcending epochs and nations.

Conclusion: Amidst Temporal Boundaries

As we traverse the annals of time, delineating the Magna Carta’s trajectory from a nascent parchment in medieval England to its contemporary global impact, we acknowledge that its import transcends chronological narratives. This document, far from a relic of antiquity, engenders principles that shape the course of human advancement. Its sojourn epitomizes the indomitable power of ideas and the vigor of those advocating for justice and rights. From King John’s quill strokes to the corridors of modern legislatures, the Magna Carta’s legacy perseveres. It is a salient testament that pursuing freedom, parity, and the rule of law constitutes a shared endeavor that traverses temporal bounds, geographical borders, and the contours of historical chronicles.

Abstract

Crime and Punishment have existed since biblical times. Since the beginning essentially no laws were in existence, and the whirlwind of what society deemed as necessary has provided some significant historical impacts throughout the centuries. Crime has in essence, been the same although it has had some changes due to our technological advances, however punishment, nevertheless, has gone through many changes. Medieval times, of torture, and trials by ordeals transitioned to the Magna Carta, putting forth the earliest versions of the law. The Code of Hammurabi was placed into an early form of our Constitution; however, crime and punishment still were unruly. Fast forward to the days of the wild west to shifting to modern days of the controversial death penalty by lethal injection. Regardless, of centuries past we continue to find new ways, discover, test and conduct theories on what is in the best interest in determining what is cruel and unusual. The process of how we determine punishment based on crime has progressed, however, we still have a long way to go to find the middle ground where everyone is pleased.

The history of crime and punishment

While it has been almost impossible to find evidence where the historical roots of Crime and Punishment have begun, some may speculate that it has been around since biblical times, so for the purpose of this paper, I am going to use this as my starting point. From the beginning crime and punishment have always been hand and hand, for every crime, there is a punishment. “The law of retaliation (eye for an eye; Lex talionis) was the operative principle in most cases involving corporal punishment (Exodus 21:23-25; Leviticus 24: 19-22; Deuteronomy 19:21 ).” (Butler, 1991) From the first murder where Caine murdered his brother Able, the process of how punishment has evolved since biblical times, to our modern-day crime and punishment model is a roller coaster. Rape, murder, thieves among many other forms of crime is not new to mankind, these crimes have been around for centuries. Unfortunately, these crimes tend to stay and continue to grow as populations increase and other factors like poverty, mental health and technology continue to grow. Crime has essentially been the same from the beginning of time however punishment has progressed tremendously over time, bringing many important factors to our justice system today. Variances from the early days pertaining to the law of retaliation to; getting your hands cut off in medieval times, to being stoned to death due to committing adultery, to our modern times of the eighth amendment, to the death penalty we as a society continue to change the ways of punishments fitting to the crime.

Early times

Crime has always been a cement in our society, from the first murder in biblical times; where a sense of jealousy and anger took over Caine because Caine was furious that God, ideally looked upon Abel, for bringing better flocks to him. Caine was enraged with his brother and killed him. Crime has evolved in a way that criminals attempt to get smarter about the coverups, and stories they portray to get out of being a suspect. Punishment, however, has immensely advanced from the punishment of Caine and Able, where god, in the end, cursed Caine for the murder of his brother, to the modern times of the death penalty.

In earlier times, the punishments were very cruel, and there were creative techniques to punish people for their crimes. The middle ages were dark lawlessness times where punishment was taken into each individual’s hand. Certain crimes were settled by victims of family members, and in return, this would cause generation-long blood feuds. Petty crimes compared to today were punishable by death. Women were stoned to death for adultery, hands were cut off for stealing, trials by ordeals were prevalent during the medieval times. Torture and unethical practices were a crucial role in the punishment process.

Trials by ordeals comprise of a group of men and members of the clergy. To prove innocence one form would be to place underwater for a moment usually about five minutes if you survived you were innocent if you drowned you were guilty. If you were a member of the church you might have the clergy on your side to lessen your punishment, but even then, you still may expire from the wounds or infections that may incur from the actual punishment like walking over hot coals. Ultimately you would have to do something dangerous and survive to prove your innocence. Trials at the gate was an added punishment system of medieval times. A monthly meeting of the village elders would decide if you were a good person, by interviewing other members of the village, this system led to the juror system of six to twelve members. Subsequently, King John signed into law the Magna Carta which was the earliest forms of structured law. “ The Magna Carta became a symbol of the rule of law as the ultimate sovereign” (Cartwright, 2018) This later contributed to the constitution.

Turn of the century

As I delved into my research, I stumbled upon insights from various Magna Carta essays, shedding light on its impact. The Magna Carta was a stepping stone, to the creation of a more reasonable punishment system. Fast forward to a century before the wild west, in the 1700s the code of Hammurabi was adopted. “ These 282 case laws include economic provisions (prices, tariffs, trade, and commerce), family law (marriage and divorce), as well as criminal law (assault, theft) and civil law (slavery, debt). Penalties varied according to the status of the offenders and the circumstances of the offenses.” (Augustyn et al., 2018) Principally this was the first written law of the justice system in which we still use today. Onward onto the colonial days when our early English settlers came to colonize the United States.

In the early colonial times were the Salem witch trials, which was a very dark time in our history. Women and men were accused of witchcraft and after trials, they deemed these crimes as punishable by death. Many of the accused were hung or burned in a public setting. Punishments, to crimes, were still brutal, then again not as brutal as that of medieval times. Times were still evolving, hangings happened often, however, whippings tended to be the flavor of the times. “Whipping, the most common form of punishment, generally attracted an audience. Whipping posts were located next to the courthouse so punishment could be carried out quickly following the trial. “ (Unknown)

As the United States grew so did the new forms of government. Adopted from Europe, Sir Robert Peele, introduced a modern policing system, to include watchmen and constables. Shortly thereafter the constitution was adopted, and new forms of government were being written into law, however America, still had a long way to go. In the days of the wild west and the settlers moving west, courts and the policing system were still in their early stages. Settlers moved west for the gold rush; however, courts and sheriffs were few and far in between cities, towns, and villages. Lawlessness was still present. Punishments were still brutal and wouldn’t be justified in today’s courts. Bank robbers ran rampant, as well as train robbers, punishments for outlaws if they were caught included death by any means. Slavery was still apart of society, prostitution was still legal, and guns seem to be the way of settling crimes. After the constitution was written, it took many years post, Magna Carta, Code of Hammurabi, Sir Robert Peele to create fairness of crime and punishment and many of these rules and laws we still use today.

Modern times

With the creation of new laws for punishments, we as a society are still finding ways to create and agree upon a system that is justified and fair. Still, a century after the eight amendment commenced, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Constitution) This created controversy in our modern times. Cruel and unusual punishment, some consider being in prison cruel, some consider the shu cruel, some consider unjustified punishments cruel and unusual however the biggest debate our modern times is the death penalty.

The death penalty came from the times of Hammurabi, “The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” (Death Penalty Information Center, n.d.) The death penalty became the biggest debate of the eighth amendment. In the United States, we organized death by firing squad, death by electric chair or gas chambers. These methods were deemed cruel and unusual, a more humane way of death was introduced. Death by lethal injection, this was presented in Oklahoma, in the year 1977.

The states felt this was a more humane and less expensive way to execute prisoners. (Denno & Duignan, 2012) To this day the death penalty has been stalled, with the continued argument that this isn’t a justified punishment. Earlier this year Governor Gavin Newsom, put a pause on executions since there are so many death row inmates in litigation. As you can see even in our modern times, we as a society are continuing to evolve.

Conclusion

Since biblical times, to our modern times, the laws for crime and punishment have gone through a tremendous transformation. Looking back at all the different ways our society has gone through seems as though our ancestors were savages. Crimes essentially were and are in essence the same, they evolved through technological advances, however, punishment has had the principal change over time. Before our modern times, punishments were tortuous, evil, demeaning, extremely painful and death was often executed. Death was the fundamentals of the punishment system for centuries past. Over time, as laws were implanted the punishments, were rather fitting to the crimes. Punishments may have changed over time however they continue to bring the debate into our modern times.

Abstract

Crime and Punishment have existed since biblical times. Since the beginning essentially no laws were in existence, and the whirlwind of what society deemed as necessary has provided some significant historical impacts throughout the centuries. Crime has in essence, been the same although it has had some changes due to our technological advances, however punishment, nevertheless, has gone through many changes. Medieval times, of torture, and trials by ordeals transitioned to the Magna Carta, putting forth the earliest versions of the law. The Code of Hammurabi was placed into an early form of our Constitution; however, crime and punishment still were unruly. Fast forward to the days of the wild west to shifting to modern days of the controversial death penalty by lethal injection. Regardless, of centuries past we continue to find new ways, discover, test and conduct theories on what is in the best interest in determining what is cruel and unusual. The process of how we determine punishment based on crime has progressed, however, we still have a long way to go to find the middle ground where everyone is pleased.

The history of crime and punishment

While it has been almost impossible to find evidence where the historical roots of Crime and Punishment have begun, some may speculate that it has been around since biblical times, so for the purpose of this paper, I am going to use this as my starting point. From the beginning crime and punishment have always been hand and hand, for every crime, there is a punishment. “The law of retaliation (eye for an eye; Lex talionis) was the operative principle in most cases involving corporal punishment (Exodus 21:23-25; Leviticus 24: 19-22; Deuteronomy 19:21 ).” (Butler, 1991) From the first murder where Caine murdered his brother Able, the process of how punishment has evolved since biblical times, to our modern-day crime and punishment model is a roller coaster. Rape, murder, thieves among many other forms of crime is not new to mankind, these crimes have been around for centuries. Unfortunately, these crimes tend to stay and continue to grow as populations increase and other factors like poverty, mental health and technology continue to grow. Crime has essentially been the same from the beginning of time however punishment has progressed tremendously over time, bringing many important factors to our justice system today. Variances from the early days pertaining to the law of retaliation to; getting your hands cut off in medieval times, to being stoned to death due to committing adultery, to our modern times of the eighth amendment, to the death penalty we as a society continue to change the ways of punishments fitting to the crime.

Early times

Crime has always been a cement in our society, from the first murder in biblical times; where a sense of jealousy and anger took over Caine because Caine was furious that God, ideally looked upon Abel, for bringing better flocks to him. Caine was enraged with his brother and killed him. Crime has evolved in a way that criminals attempt to get smarter about the coverups, and stories they portray to get out of being a suspect. Punishment, however, has immensely advanced from the punishment of Caine and Able, where god, in the end, cursed Caine for the murder of his brother, to the modern times of the death penalty.

In earlier times, the punishments were very cruel, and there were creative techniques to punish people for their crimes. The middle ages were dark lawlessness times where punishment was taken into each individual’s hand. Certain crimes were settled by victims of family members, and in return, this would cause generation-long blood feuds. Petty crimes compared to today were punishable by death. Women were stoned to death for adultery, hands were cut off for stealing, trials by ordeals were prevalent during the medieval times. Torture and unethical practices were a crucial role in the punishment process.

Trials by ordeals comprise of a group of men and members of the clergy. To prove innocence one form would be to place underwater for a moment usually about five minutes if you survived you were innocent if you drowned you were guilty. If you were a member of the church you might have the clergy on your side to lessen your punishment, but even then, you still may expire from the wounds or infections that may incur from the actual punishment like walking over hot coals. Ultimately you would have to do something dangerous and survive to prove your innocence. Trials at the gate was an added punishment system of medieval times. A monthly meeting of the village elders would decide if you were a good person, by interviewing other members of the village, this system led to the juror system of six to twelve members. Subsequently, King John signed into law the Magna Carta which was the earliest forms of structured law. “ The Magna Carta became a symbol of the rule of law as the ultimate sovereign” (Cartwright, 2018) This later contributed to the constitution.

Turn of the century

As I delved into my research, I stumbled upon insights from various Magna Carta essays, shedding light on its impact. The Magna Carta was a stepping stone, to the creation of a more reasonable punishment system. Fast forward to a century before the wild west, in the 1700s the code of Hammurabi was adopted. “ These 282 case laws include economic provisions (prices, tariffs, trade, and commerce), family law (marriage and divorce), as well as criminal law (assault, theft) and civil law (slavery, debt). Penalties varied according to the status of the offenders and the circumstances of the offenses.” (Augustyn et al., 2018) Principally this was the first written law of the justice system in which we still use today. Onward onto the colonial days when our early English settlers came to colonize the United States.

In the early colonial times were the Salem witch trials, which was a very dark time in our history. Women and men were accused of witchcraft and after trials, they deemed these crimes as punishable by death. Many of the accused were hung or burned in a public setting. Punishments, to crimes, were still brutal, then again not as brutal as that of medieval times. Times were still evolving, hangings happened often, however, whippings tended to be the flavor of the times. “Whipping, the most common form of punishment, generally attracted an audience. Whipping posts were located next to the courthouse so punishment could be carried out quickly following the trial. “ (Unknown)

As the United States grew so did the new forms of government. Adopted from Europe, Sir Robert Peele, introduced a modern policing system, to include watchmen and constables. Shortly thereafter the constitution was adopted, and new forms of government were being written into law, however America, still had a long way to go. In the days of the wild west and the settlers moving west, courts and the policing system were still in their early stages. Settlers moved west for the gold rush; however, courts and sheriffs were few and far in between cities, towns, and villages. Lawlessness was still present. Punishments were still brutal and wouldn’t be justified in today’s courts. Bank robbers ran rampant, as well as train robbers, punishments for outlaws if they were caught included death by any means. Slavery was still apart of society, prostitution was still legal, and guns seem to be the way of settling crimes. After the constitution was written, it took many years post, Magna Carta, Code of Hammurabi, Sir Robert Peele to create fairness of crime and punishment and many of these rules and laws we still use today.

Modern times

With the creation of new laws for punishments, we as a society are still finding ways to create and agree upon a system that is justified and fair. Still, a century after the eight amendment commenced, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Constitution) This created controversy in our modern times. Cruel and unusual punishment, some consider being in prison cruel, some consider the shu cruel, some consider unjustified punishments cruel and unusual however the biggest debate our modern times is the death penalty.

The death penalty came from the times of Hammurabi, “The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” (Death Penalty Information Center, n.d.) The death penalty became the biggest debate of the eighth amendment. In the United States, we organized death by firing squad, death by electric chair or gas chambers. These methods were deemed cruel and unusual, a more humane way of death was introduced. Death by lethal injection, this was presented in Oklahoma, in the year 1977.

The states felt this was a more humane and less expensive way to execute prisoners. (Denno & Duignan, 2012) To this day the death penalty has been stalled, with the continued argument that this isn’t a justified punishment. Earlier this year Governor Gavin Newsom, put a pause on executions since there are so many death row inmates in litigation. As you can see even in our modern times, we as a society are continuing to evolve.

Conclusion

Since biblical times, to our modern times, the laws for crime and punishment have gone through a tremendous transformation. Looking back at all the different ways our society has gone through seems as though our ancestors were savages. Crimes essentially were and are in essence the same, they evolved through technological advances, however, punishment has had the principal change over time. Before our modern times, punishments were tortuous, evil, demeaning, extremely painful and death was often executed. Death was the fundamentals of the punishment system for centuries past. Over time, as laws were implanted the punishments, were rather fitting to the crimes. Punishments may have changed over time however they continue to bring the debate into our modern times.