Magna Carta Or Matot-Massei? Who Deserves Due (Process) Credit?

the 1215 english magna carta is credited for the notion of “due process”. “due process”, per black’s law dictionary, fifth edition, is “law in its regular course of administration through courts of justice.

the magna carta’s “due process” legacy extended across the pond to be embraced by the rebellious colonies which formed the united states of america. the magna carta is credited for “the fifth amendment to the constitution which guarantees “no person shall be deprived of life, liberty, or property, without due process of law.” constitutingamerica.org

beyond the magna carta, the founding fathers had in hand a more ancient text which expressed notions of justice and “due process”. the torah- specifically in matot-massei- laid a ground work a system of justice for the accused.

matot-massei includes the following passage: “the lord spoke to moses saying: you shall designate cities for yourselves; they shall be cities of refuge for you, and a murderer who killed a person unintentionally shall flee there. these cities shall serve you as a refuge from an avenger, so that the murderer shall not die until he stands in judgment before the congregation.” numbers 35:9-12

in sum, this passage, in a limited fashion, created a procedure to adjudicate the crime of manslaughter. impliedly, the congregation operated as the jury of one’s peers. as such, several concepts of justice predated the magna carta by over a millennia. more importantly, the directive for a system of justice came from the master of the universe. according to the torah, one can argue, entitlement to justice is truly god-given right.

be well!!

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