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URL = http://www.constitution.org/eng/magnacar.htm
 
URL = http://www.constitution.org/eng/magnacar.htm
   
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==Description==
   
=Description=
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[[David Bollier]]:
 
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David Bollier:
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"The Magna Carta, or “Great Charter,” is often cited as one of the foundations of Western civilization because it enshrined the rule of law as a cornerstone of governance, limited the power of the sovereign and recognized specific rights and liberties of citizens.  The “Great Charter,” which King John agreed to in 1215 after years of brutal armed conflict with feudal barons and commoners, is widely regarded as a source for legal principles such as habeas corpus, trial by jury, and the prohibition of torture.  The document is less widely known as guaranteeing a right of access to commons, as set forth in a companion document, The Charter of the Forest."
 
"The Magna Carta, or “Great Charter,” is often cited as one of the foundations of Western civilization because it enshrined the rule of law as a cornerstone of governance, limited the power of the sovereign and recognized specific rights and liberties of citizens.  The “Great Charter,” which King John agreed to in 1215 after years of brutal armed conflict with feudal barons and commoners, is widely regarded as a source for legal principles such as habeas corpus, trial by jury, and the prohibition of torture.  The document is less widely known as guaranteeing a right of access to commons, as set forth in a companion document, The Charter of the Forest."
   
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==History==
   
=History=
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===1,000 Years===
 
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==1,000 Years==
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Excerpted from Noam Chomsky:
 
Excerpted from Noam Chomsky:
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A few years later, the Charter of Liberties was enriched by the Habeas Corpus Act of 1679, formally entitled “an Act for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas.” The U.S. Constitution, borrowing from English common law, affirms that “the writ of habeas corpus shall not be suspended” except in case of rebellion or invasion.  In a unanimous decision, the U.S. Supreme Court held that the rights guaranteed by this Act were “[c]onsidered by the Founders [of the American Republic] as the highest safeguard of liberty.” All of these words should resonate today.
 
A few years later, the Charter of Liberties was enriched by the Habeas Corpus Act of 1679, formally entitled “an Act for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas.” The U.S. Constitution, borrowing from English common law, affirms that “the writ of habeas corpus shall not be suspended” except in case of rebellion or invasion.  In a unanimous decision, the U.S. Supreme Court held that the rights guaranteed by this Act were “[c]onsidered by the Founders [of the American Republic] as the highest safeguard of liberty.” All of these words should resonate today.
   
 
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===The Second Charter and the Commons===
 
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'''The Second Charter and the Commons'''
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The significance of the companion charter, the Charter of the Forest, is no less profound and perhaps even more pertinent today -- as explored in depth by Peter Linebaugh in his richly documented and stimulating history of Magna Carta and its later trajectory.  The Charter of the Forest demanded protection of the commons from external power.  The commons were the source of sustenance for the general population: their fuel, their food, their construction materials, whatever was essential for life.  The forest was no primitive wilderness.  It had been carefully developed over generations, maintained in common, its riches available to all, and preserved for future generations -- practices found today primarily in traditional societies that are under threat throughout the world.
 
The significance of the companion charter, the Charter of the Forest, is no less profound and perhaps even more pertinent today -- as explored in depth by Peter Linebaugh in his richly documented and stimulating history of Magna Carta and its later trajectory.  The Charter of the Forest demanded protection of the commons from external power.  The commons were the source of sustenance for the general population: their fuel, their food, their construction materials, whatever was essential for life.  The forest was no primitive wilderness.  It had been carefully developed over generations, maintained in common, its riches available to all, and preserved for future generations -- practices found today primarily in traditional societies that are under threat throughout the world.
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One particular concern was to introduce better controls over the institutions “responsible for the indoctrination of the young”: the schools, the universities, the churches, which were seen as failing that essential task.  I’m quoting reactions from the left-liberal end of the mainstream spectrum, the liberal internationalists who later staffed the Carter administration, and their counterparts in other industrial societies.  The right wing was much harsher.  One of many manifestations of this urge has been the sharp rise in college tuition, not on economic grounds, as is easily shown.  The device does, however, trap and control young people by debt, often for the rest of their lives, thus contributing to more effective indoctrination.
 
One particular concern was to introduce better controls over the institutions “responsible for the indoctrination of the young”: the schools, the universities, the churches, which were seen as failing that essential task.  I’m quoting reactions from the left-liberal end of the mainstream spectrum, the liberal internationalists who later staffed the Carter administration, and their counterparts in other industrial societies.  The right wing was much harsher.  One of many manifestations of this urge has been the sharp rise in college tuition, not on economic grounds, as is easily shown.  The device does, however, trap and control young people by debt, often for the rest of their lives, thus contributing to more effective indoctrination.
   
 
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===The Three-Fifths People===
'''* The Three-Fifths People'''
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Pursuing these important topics further, we see that the destruction of the Charter of the Forest, and its obliteration from memory, relates rather closely to the continuing efforts to constrain the promise of the Charter of Liberties.  The “New Spirit of the Age” cannot tolerate the pre-capitalist conception of the Forest as the shared endowment of the community at large, cared for communally for its own use and for future generations, protected from privatization, from transfer to the hands of private power for service to wealth, not needs.  Inculcating the New Spirit is an essential prerequisite for achieving this end, and for preventing the Charter of Liberties from being misused to enable free citizens to determine their own fate.
 
Pursuing these important topics further, we see that the destruction of the Charter of the Forest, and its obliteration from memory, relates rather closely to the continuing efforts to constrain the promise of the Charter of Liberties.  The “New Spirit of the Age” cannot tolerate the pre-capitalist conception of the Forest as the shared endowment of the community at large, cared for communally for its own use and for future generations, protected from privatization, from transfer to the hands of private power for service to wealth, not needs.  Inculcating the New Spirit is an essential prerequisite for achieving this end, and for preventing the Charter of Liberties from being misused to enable free citizens to determine their own fate.
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(http://www.pacificfreepress.com/opinion/12082-king-johns-return-how-the-magna-carta-became-a-minor-consideration.html)
 
(http://www.pacificfreepress.com/opinion/12082-king-johns-return-how-the-magna-carta-became-a-minor-consideration.html)
   
 
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==More Information==
=More Information=
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* https://www.theguardian.com/commentisfree/2012/jul/24/magna-carta-minor-carta-noam-chomsky
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* https://www.theguardian.com/commentisfree/2012/jul/25/magna-carta-minor-carta-noam-chomsky
   
 
See also, as recommended by David Bollier:
 
See also, as recommended by David Bollier:
 
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* Peter Linebaugh book, The [[Magna Carta Manifesto]]: Liberty and Commons for All (University of California Press, 2008).  Pdf file. [https://provisionaluniversity.files.wordpress.com/2012/12/peter-linebaugh-the-magna-carta-manifesto-liberties-and-commons-for-all-2008.pdf]
* Peter Linebaugh book, The [[Magna Carta Manifesto]]: Liberty and Commons for All (University of California Press, 2008).  Pdf file.
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* The BBC four-part radio series, “The [[Legacy of Magna Carta]],” hosted by Melvyn Bragg. [http://www.bbc.co.uk/programmes/b04y6wdt]
https://provisionaluniversity.files.wordpress.com/2012/12/peter-linebaugh-the-magna-carta-manifesto-liberties-and-commons-for-all-2008.pdf
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* The BBC four-part radio series, “The [[Legacy of Magna Carta]],” hosted by Melvyn Bragg.
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http://www.bbc.co.uk/programmes/b04y6wdt
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[[Category:Law and the Commons Project]]
 
[[Category:Law and the Commons Project]]

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