How did an 18th-century British judge whose advice on how to treat American revolutionaries was “if you do not kill them, they will kill you” come to be cited in more than 330 U.S. Supreme Court opinions? William Murray was born in 1705 to a Scottish family in decided disfavor with the crown due to...
ABA Journal: Modern Law Library
Lee Rawles joined the ABA Journal in 2010 as a web producer. She has also worked for the Winston-Salem...
How did an 18th-century British judge whose advice on how to treat American revolutionaries was “if you do not kill them, they will kill you” come to be cited in more than 330 U.S. Supreme Court opinions?
William Murray was born in 1705 to a Scottish family in decided disfavor with the crown due to their support for the Jacobite cause. Yet he rose to become Chief Justice of the Court of King’s Bench, first Earl of Mansfield and one of King George III’s closest advisers—and on the way, left an indelible mark not only on British jurisprudence, but on the laws of the United States as well.
Lord Mansfield’s decisions from the 1700s have been cited in SCOTUS cases to support such bedrock American legal principles as:
• A confession must be voluntary to be admissible as evidence.
• Libel is not protected by the First Amendment.
• Custody disputes are decided based upon the welfare of the child.
• Electronic surveillance for domestic security purposes requires a warrant.
• Habeas corpus applies to prisoners being held by the government even outside the geographical boundaries of the United States.
Lord Mansfield, who died in 1793, was no fan of the upstart American colonists. Thomas Jefferson was so irked at Mansfield’s fervent opposition to the revolutionaries during the Revolutionary War that he declared, “I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench [in 1756], should ever be cited in a court; though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole.”
But his legacy endured, and his reputation in the United States continued to grow. ABA Journal Podcast Editor Lee Rawles speaks with professor Norman S. Poser about his recent biography, Lord Mansfield: Justice in the Age of Reason, and how this particular British judge managed to have such a continuing influence on Anglo-American laws. We also discuss Mansfield’s Somerset decision, which eventually led to the abolition of slavery in Great Britain.
Lord Mansfield: Justice in the Age of Reason by Norman S. Poser
Notify me when there’s a new episode!
|Published:||April 30, 2014|
|Podcast:||ABA Journal: Modern Law Library|
ABA Journal: Modern Law Library features top legal authors and their works.
Katherine James explains how she uses her theater background to advise lawyers.
Legal ethics experts Lawrence J. Fox and Susan R. Martyn walk through the Six C’s” of legal ethics and share their advice for what...
Steven Wright discusses how he got into creative writing, what it's been like to teach students at the University of Wisconsin Law School remotely,...
Erwin Chemerinsky and Howard Gillman are sounding a warning about the direction of SCOTUS rulings on the separation of church and state.
Larry Tye takes an in-depth look at Joseph McCarthy's life, in his book 'Demagogue: The Life and Long Shadow of Senator Joe McCarthy'.
Brooke Lively discusses her book and breaks down the 6 key numbers that will help you understand the financial health of your law practice.