Lord Sumption: 'Global Law Summit represents the worst kind of ahistorical Whiggism'

Giving a historical lecture to the Friends of the British Library last night, Lord Sumption criticised the way Magna Carta has been hijacked to serve a 'modern political agenda'.

In his address, Sumption reflected critically on the enduring power of the 'political myth' of Magna Carta, and argued that rather than seeing it as a medieval document, it should be considered as 'a chapter in the constitutional history of seventeenth century England and eighteenth century America'.

Reflecting on how Magna Carta had been historically portrayed by lawyers, historians, and journalists, Sumption said: 'Recently, a Global Law Summit in London, which was essentially an international marketing opportunity for British lawyers, described itself on its website as "grounding the legacy and values of Magna Carta in a firmly 21st Century context".' 

'Now I have nothing against the liberty of the subject, the rule of law, the Human Rights Convention, legal aid, democracy, motherhood and apple pie or even international marketing opportunities for lawyers. But I do have a problem with the distortion of history to serve an essentially modern political agenda. Claims like those which I have just cited are high-minded tosh. They represent the worst kind of ahistorical Whiggism,' he added.

The Global Law Summit (GLS) received much criticism by parts of the legal profession in the lead up to the event in February. Legal aid practitioners protested outside parliament during the summit, arguing that the government's reforms had hampered access to justice. In addition, Lord Pannick lambasted the Lord Chancellor from within the confines of the conference for 'wrapping himself in Magna Carta'.

Continuing his lecture, Sumption said that while it was true Magna Carta stands for the rule of law, the historic charter was not the origin of the principle. 'So why do we single out Magna Carta as the origin of the rule of law? The answer is that what was special about it was not the ideas which it embodied, which were perfectly conventional, but the dramatic circumstances in which it came into existence.'

Sumption argued that Magna Carta matters, not for the reasons commonly put forward, but because of its symbolic significance which is distinct from any principle it actually enacted.

'When we commemorate Magna Carta, perhaps the first question that we should ask ourselves is this: do we really need the force of myth to sustain our belief in democracy?' asked Sumption. 'Do we need to derive our belief in democracy and the rule of law from a group of muscular conservative millionaires from the north of England, who thought in French, knew no Latin or English, and died more than three quarters of a millennium ago? I rather hope not.'

Lord Sumption's full speech is available here.

John van der Luit-Drummond is legal reporter for Solicitors Journal