Harvard University houses unique historical documents, including a copy of the British Magna Carta. This document was purchased by the university in 1946 for just 27.50 dollars. However, it recently turned out that this was not a copy at all, but an original version, following extensive research by British experts. The value of this original document is suddenly worth tens of millions of dollars.
The Magna Carta is regarded as one of the first documents that bound a ruler to the rule of law. It was signed in 1215 by King John of England and imposed limitations on the monarch. Until then, kings in Europe largely had free rein to make decisions; their will was law. This led to resistance in England from nobles and clergy who had had enough of the king’s arbitrary decisions and believed he should also adhere to rules, such as the laws and the rulings of judges. Over the centuries, the Magna Carta has increasingly been viewed as the first ‘constitution’, which limited the power of the monarch and enshrined the importance of the rule of law.
The Magna Carta is considered a fundamental source for modern constitutions, including the Constitution of the United States (1789) and the blueprint of American democracy. The document is listed as a Unesco World Heritage site. A small number of copies are known worldwide. In 2007, an original document of the Magna Carta was sold for 21.3 million dollars. The rediscovered piece at Harvard University is likely to fetch much more.
However, I believe the symbolism of this find is of even greater value, especially at a time when democracy in America is being eroded. With a leader who attributes royal characteristics to himself in a country increasingly governed by his whims.
Would you still go to America? This is a question I’m hearing academics ask more frequently. My answer is ‘no’, and that surprises me. The reason is the erosion of the rule of law in the US. Not so much because the rules of democracy have changed, but because political leaders no longer seem to adhere to those rules. The possibility of caprice, because I might say or write something that the people in Trump’s government find disagreeable – this column, for example? Or perhaps due to my political beliefs? Nonsense, probably, but I am not sure – and that uncertainty is precisely the problem.
The discovery of the Magna Carta at Harvard sheds new light on democracy under President Trump; on why the rule of law is fundamental to a democracy. It must provide citizens not only with a voice but also protect them against the arbitrariness of elected officials.
Ronald van Raak is professor of Philosophy.
