The transformation of the English legal tradition and its influence on the formation of American identity

The transformation of the English legal tradition and its influence on the formation of American identity can be understood by examining the history of England, especially during the Cromwellian era. In this period, which encompassed the English Revolution and the Civil War, the monarchy faced political conflicts. Absolute monarchy was questioned, and after the victory of parliamentary forces, Oliver Cromwell led the country as Lord Protector during the Puritan Republic. Ideals based on the religious and moral principles of Puritans became defining for this period and influenced the formation of American identity.

After Cromwell's death, the era of the Restoration began when the monarchy was restored under Charles II in 1660. This period symbolized a return to monarchical rule and brought significant changes to English social structure. However, some Cromwell supporters and dissenters from royal authority emigrated to new lands, including North America, influencing colonial societies.

Its adherence to traditions and respect characterizes the British legal system, based on common law, for judicial precedents. Laws play a crucial role, but judicial decisions are made considering precedents.

In Britain, judicial decisions form the basis of the law, and precedents play a key role in the development of legal norms. Additionally, the hierarchical structure of society introduced a conservative approach to justice, where traditions and judicial precedents hold significant importance.

During the Restoration era, Britain returned to monarchical rule, and King Charles II became not only the head of state but also the head of the church. This emphasized the monarchy's connection to the highest moral and legal authority. Puritan morality idealized duty and right as regulators of behavior in society.

British society's hierarchy was rigid, with a division into "us" and "them." Morality and law were applied selectively, especially concerning Catholics (Irish) and other "primitive" peoples. This created limitations on the spread of rights and moral obligations beyond specific groups.

American society differed from the British one by replacing monarchy with the transcendental concept of freedom from oppression. The roots of this idea can be found in the Old Testament concept of the "promised land," where Americans believed they were chosen and received the land from God. The ideals of Puritan settlers advocated the equitable distribution of morals, rights, and duties among community members, regardless of social status. However, it's crucial to note that these principles did not include Native Americans and other "non-Americans," considered "unclean Philistines." Such groups were not subject to established moral and legal standards and were not recognized as the "chosen people," creating a barrier to their full participation in public life with the Puritan community.

Transcendentalism, a philosophical movement, arrived in the United States in the early 19th century and significantly influenced various aspects of American culture, including literature, philosophy, and the legal system. Transcendentalism's main ideas included individualism, freedom, ideals, and internal spiritual experience. Its influence on the American legal system is well illustrated by Jack London's story "How They Hanging Caltus George." Caltus George did not commit a crime but was sentenced to hanging by the town for demanding payment for a service that, according to general opinion, should be interpreted as a moral duty and provided for free. Transcendentalism contributed significantly to the American legal system, commensurate with its influence on social and philosophical aspects. The principles of individualism and internal spiritual experience found reflection in the development of legal thinking.

The transcendentalist approach came to support broader recognition of individual rights and freedoms in society. It also influenced the perception of justice and morality in legal decisions. Thus, transcendentalism contributed to the formation of a more flexible and individually oriented American legal system. The influence of American transcendentalism, with its inclination towards individualism, freedom, and innovation, also affects the understanding of individual rights and freedoms in society, intertwining in certain aspects with legal realism, which emphasizes the practical significance of judicial decisions and their impact on society. This philosophy, similar to transcendentalism, aims at liberation from formalism and is oriented towards variability and evolution. Examples of socio-cultural and political influences on the legal system include Lynch court cases, highlighting how prejudices can violate the principles of legal equality, and the activities of the Ku Klux Klan, illustrating how political beliefs can shape negative practices in justice. Such cases also emphasize the position of legal realism, according to which social factors can influence judicial decisions, despite formal legal principles.

In the British legal tradition, with its emphasis on traditions and judicial precedents, transcendentalism may be seen as a challenge to stability and conservatism. While the British system is oriented towards respect for traditions and established orders, American transcendentalism calls for innovation and individual freedom.

Today, the British legal system maintains its traditional structure, although it also undergoes changes in response to socio-cultural transformations. The American system continues to evolve under the influence of forces of individualism, freedom, and respect for personal rights.

It's essential to note that both approaches, British and American, form unique foundations for legal systems, reflecting the distinct historical, philosophical, and cultural contexts they represent.

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