The identity of a people often shapes the nature and trajectory of their government. In England, a deep-rooted belief in individual liberty has profoundly influenced the nation’s legal and cultural institutions, shaping English society from the early Middle Ages through the Industrial Revolution. This identity—forged through centuries of struggle and self-definition—established a legacy of individual rights, due process, and a balanced approach to law and order. The Magna Carta of 1215, for instance, set a groundbreaking precedent by binding even the king to the rule of law and affirming that Englishmen were “free-born.” This commitment was further solidified by the development of English common law, which emphasized justice and protection for all citizens, regardless of rank, including the monarch.
In 1707, however, a significant shift occurred with the Act of Union, which joined England and Scotland under a single British identity. This transformation required England’s traditions of liberty and local governance to adapt to a centralized imperial authority, reconfiguring individual freedoms within a larger imperial framework. Although these ideals persisted, they began to reflect the needs of an expanding empire, aligning liberty with broader, centralized control.
And so goes the American law into the maw of the American Empire. We had it but we lost it: freedom under law binding both people and the state.