Thomas J. McSweeney

Online
Essay
Appealing Magna Carta
Thomas J. McSweeney
Professor of Law, William & Mary Law School

I would like to thank Charlie Donahue, Dick Helmholz, John Hudson, Dan Hulsebosch, Matt Steilen, Jason Taliadoros, and Sarah White for comments on drafts of this Essay. Professors Helmholz and Donahue, both scholars I respect a great deal, have been very generous and gracious, even in the face of my disagreement with some of their conclusions.

In 1999, Professor Richard Helmholz published Magna Carta and the Ius Commune, in which he argued that some of the ideas and language found in Magna Carta provide evidence that the early common law was engaging with the ius commune, the ancestor of modern civil law traditions. This Essay argues that Magna Carta does not provide conclusive evidence whether contemporaries were thinking about Roman and canon law when reforming the common law.