Necessity, Then and Now
by Dr. John M. Collins (Eastern Washington University) My article, appearing in the May 2020 issue of Past & Present (#247), explores the “law of necessity” in seventeenth century England and is a complementary piece to my book on martial law in the early modern period.1 In this article, I show that narratives of necessity structured many aspects of English law and were vital for state building, both during the Personal Rule of Charles I, the English Civil War, and after. The Long Parliament, for example, invoked it to tax, impress, violate due process rights, break contracts, and to seize and destroy property. Many of these powers, in spite of the wars ending, remained. The modern state was built from emergencies. The article, alas, is more relevant than I (or probably you) would like. Then, like now, the fear of societal calamity, even collapse, allowed the government to take extraordinary powers to save the polity. In the sixteenth and seventeenth centuries, the main threats were war and rebellion, with politicians analogizing them to natural disasters like fires. Now, it is the reverse. Politicians have frequently analogized the response to the pandemic to fighting a war. Like now, claims to necessity […]
