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Faculty Articles

2016

England

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Full-Text Articles in Law

Comparative Defamation Law: England And The United States, Vincent R. Johnson Jan 2016

Comparative Defamation Law: England And The United States, Vincent R. Johnson

Faculty Articles

England and the United States share a common legal tradition that has been shaped by principles dating back at least 800 years to the time of the Magna Carta. Even after the American colonies declared their independence from England in 1776, English law was still widely followed in the new nation unless it was inconsistent with American institutions or new ideas. As late as 1964, American libel law was essentially "identical" to English libel law. This was true, in part, because until the mid-twentieth century, defamation law in both countries was defined "mainly by the common law and decisions of …


The Magna Carta And The Beginning Of Modern Legal Thought, Vincent R. Johnson Jan 2016

The Magna Carta And The Beginning Of Modern Legal Thought, Vincent R. Johnson

Faculty Articles

As the Magna Carta, England's Great Charter of Liberties, marks its eighth centennial, it is appropriate to ask what's in it. The answer, it turns out, lives up to the legend. What's in the Magna Carta is the beginning of modern legal thought. The Great Charter set the expectations that for 800 years have shaped the development of the law in England, America, and around the globe. Like a blazing light piercing the medieval darkness, the Magna Carta illuminated the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity. It was unlike any legal …