Law is like fire, for it lights as truth.

Warms as charity, burns as zeal.

With these virtues as his guide, the king will rule well.

We're still in Lewis at the monument to the battle of Lewis.

Those very poetic words that I've just been reading are clearly about law.

Now, if one thinks about that the sentiment that lies behind those words,

it seems to suggest that the law, amongst other things, is prior to the king.

If the king rules in accordance with the law, then the king will rule well.

So let's just think about that claim, it's quite a peculiar claim.

The law is something, therefore, that is prior to the power

of the king, the king can only rule well in accordance

with the law if the law is prior to the king,

and in certain senses, the law is binding on the king.

Now, this suggests, does it not, what might say,

that the law is more powerful than the king.

Begging the question, where does the law come from?

No doubt in this period the idea was that the

king ruled by divine right, by the rights of God.

Does this also mean then, that somehow the law itself is from God?

Now, no doubt some people have argued this, but certainly if we

move forward in time away from the Battle of Lewis to the

time of the American Revolution and the French Revolution, then we have

a different set of claims appearing which link more to the people.

Which link government to the people.

Now Tom Payne, who lived for awhile in Lewis

who wrote some of his celebrated works, in Lewis.

Certainly the book, the rights of man, can

be understood as making a very similar claim.

What is prior to government are the rights of man.

Governments must govern in accordance with the rights of man.

Now I think this is a really significant moment.

Historical moment, an intellectual moment, a philosophical

moment, a political moment, if you like.

When the law is understood in a different way, obviously

with the American Revolution, the French Revolution, significant historical events.

Law becomes linked to the idea of rights,

the rights of man, the rights of the citizen.

And I think that that is the beginning, the opening, if you like, of where we

are now, where law becomes linked to human

rights, but that's to jump ahead with our story.

I think the key point for now is that if we're thinking about

Tom Pei, we're thinking about set of planes where law and the rights of

man are what define the important points

of reference of what defined how government

is meant to work, honoring the rights of man, which is prior to government.

Government is there to enforce the power of the

community in such a way that the rights of man

The rights of man and human rights

English Common Law: Structure and Principles

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