Question for my fellow Vermin...

[NeoGreen]

... was the concept of "Due Process" originally conceived by secular or religious thought processes?

Just askin'

[cleanhippie]

1. If memory serves, the idea comes from the Magna Carta.

But all it takes is one religious shyster to try and turn that on its head.

[JNelson6563]

2. Interestingly, it was likely a churchman who wrote it.

Stephen Langton. King John hated him.

Julie

[onager]

3. Ancient Rome had a version of it.

Also, as I remember reading somewhere - ancient Rome made the very wise decision to keep priests out of the legal system. Law had to depend on reason and evidence, not thunderbolts and goat entrails.

Another check over the power of a magistrate was provocatio. Provocatio was a primordial form of due process. It was a precursor to habeas corpus.

If any magistrate was attempting to use the powers of the state against a citizen, that citizen could appeal the decision of the magistrate to a tribune.

http://www.crystalinks.com/RomanRepublic.html

[Freelancer]

4. I suspect it grew out of a fear of the masses and what will satisfy their sense of "justice served."

IMO, when what commoners thought started to matter, doing things in a way that kept them placated became a concern. The idea that the state doesn't just do things arbitrarily, but rather after deliberation and consideration, is an appealing idea to people. So, "due process" was devised to serve that perception, while also allowing the powers that be to continue to do what they always did... at least 90% of the time, anyway.