English law and Christianity

 Oxford educated barrister, Bijan Omrani begins chapter two of God is an Englishman with the case of the snail in the ginger beer bottle, Donoghue v Stevenson. In 1928 Mrs Donoghue ended up in Glasgow Royal Infirmary after a friend bought her the drink in a café, and though the law at the time held she had no legal relationship with the manufacturer, the law Lords established a general duty of care. Lord Atkin of Aberdovey said in 1932 that “the rule that you are to love your neighbour becomes in law, you must not injure your neighbour… [To] the lawyer’s question, Who is my neighbour? [Luke 10]  … The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to he acts or omissions which are called into question.” (p43)

Atkin said in a lecture: “I doubt whether the whole law of tort could not be comprised in the Golden Maxim [given by Jesus] to do unto your neighbour as you would that he should do unto you.” (p44)

Sadly in 2011, Lord Justice Munby and Mr Justice Beatson found that “the laws and usages of the realm do not include Christianity, in whatever form.” (p45)

Though in the 18^th Century, Lord Blackstone had written that “the Christian religion… is part of the law of the land.” And his contemporary, the Lord Chancellor, Lord Hardwicke agreed. In 1729 Chief Justice Raymond said that “Christianity in general is parcel of the common law of England”, repeating a dictum of Chief Justice Lord Hale from 1676.

Similarly in 1651, Lord Keble had said, “Whatsoever is not consonant to the law of God in Scripture, or to right reason, which is maintained in Scripture, whatsoever is in England, be it acts of Parliament, customs, or any judicial acts of the Court, it is not the law of England, but the error of the party which did pronounce it; and you or any man else at the bar, may so plead it.” (p45)

Lord Denning was surely right to say in 1989 that “the common law of England has been moulded for centuries by Judges who have been brought up in the Christian faith. The precepts of religion, consciously or unconsciously have been their guide in the administration of justice.” (p45)