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December 15, 2025

یBeginning of citizenship

According to the law, which is superior to all human laws, people consider the right to final decision-making, which belongs to the members of society, to be reserved for themselves. They do not seek divine intervention as long as they can resort to earthly arbitration.

“Jan Lak, Two Treatises on Government”

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The Magna Carta (Latin: Magna Carta, English: Great Charter) which is commonly known by its Greek name, Magna Carta, is considered the first declaration of human rights that was implemented by a king and has lasted for centuries. The echoes of Magna Carta can even be heard in the Declaration of Independence of America and the French Declaration of the Rights of Man and of the Citizen.

The weak treasury left over from the era of King Richard and the war between England and France, had forced King John, who had taken control of England at that time, to raise the level of taxes from the nobility to an unusually high amount. This was not in line with English traditions and resulted in a reaction from the nobility. The stories of Robin Hood and the wickedness of King John also stem from these events. Eventually, with the rebellion of the barons, King John was forced to retreat and in 1215 AD, he signed the Magna Carta, which became the Great Charter of English liberties, making the tradition of limiting the power of everyone – even the king – official law in England. The Magna Carta even goes as far as to give the people the right to rebel and cause trouble for the king if he goes against its terms.

The impact of Magna Carta on England is to the extent that some commentators not only acknowledge its effects on the politics of this country, but also consider it to have given rise to the liberal philosophy of England and influenced major philosophical debates among English philosophers, such as the dispute between John Locke and Thomas Hobbes. Locke, as a staunch defender, has been influenced by some of the provisions of this charter, such as the right to revolt of citizens against the king, while Hobbes strongly opposes this clause and supports the complete authority of the government.

It is clear that from a human perspective, Magne Carta is full of cases that are completely contradictory to human rights and are subject to various forms of attack. For example, serious discrimination between Christians and Jews, and between the elite and the common people, and of course the issue of slaves and women are at the forefront of these violations of rights. For example, Article 54 of this charter states: “No one shall be arrested or imprisoned on the complaint of a woman, unless she claims that the person has killed her husband.” However, since the issuance of this order, except for some historical periods, it has regularly expanded and enhanced the rights of citizens and weakened the power of the king, and ultimately the power has been completely transferred to the nation and its representatives.

The following sections of the Magna Carta of Freedom have been translated by Noorallah Moradi from the Bahara Magazine:

From the first article: By virtue of this charter, we confirm on behalf of ourselves and our successors that the Church of England shall forever enjoy freedom, and none of its rights shall be diminished, and its freedoms shall not be harmed.

From Article 8: No widow can be forced to remarry until she chooses to live without a husband.

From Article 9: Neither we nor our predecessors will take possession of a property or a rented property until the movable property is sufficient to pay off his debt.

Article 13: The city of London shall enjoy all its ancient liberties and free customs, both by land and by sea. Furthermore, it is our will that all other cities, boroughs, towns, and ports shall have all their liberties and free customs.

Article 16: No one is obligated to suffer more than what is required of them for a rider or the properties of other landowners.

Article 17: Public lawsuits are not dealt with in our court of justice, but are brought up in other established courts.

From Article 20: Free citizens should not be punished for a minor crime unless according to the severity of the crime, and for a major crime, the punishment should also be according to the severity of the crime. In any case, their life is safe.

From Article 28: None of our governors or other officials can seize anyone’s crops or other property unless they have paid the price in cash or have postponed the payment with the consent of the seller.

From Article 39: No one shall be arrested, imprisoned, or have their property confiscated or deprived of their rights or exiled or harmed in any way… except after a fair trial…

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October 10, 2013

Monthly magazine number 24