Discussion Post #1 (Lori Corbett)
One example of a biblical principle we see in today's legal system is that of common
law. Liuzzo & Hughes (2019) explained it as "The body of recorded decisions that courts
refer to and rely upon when making later legal decisions" (p. 6). The fundamental principles
that civilized society is based upon are the laws from the Pentateuch- Genesis, Exodus,
Leviticus, Numbers, and Deuteronomy- written by Moses. Craig A. Stern (2003) further
noted that "The Christian doctrine of God is most fundamental to the rule of law in
the common law tradition. A chief link between the doctrine of God and the rule of law is the
doctrine of man that holds him to be created in God's image. Because of this, he can enjoy a
relationship with God that may encompass covenant, that may entail the human
administration of God's authority and justice, that may require the exercise of judgment,
applying God's law, or any law at all for that matter" (para. 22).
A second principle we see in our legal system from the Bible is moral law, which
Liuzzo & Hughes (2019) define as "The 'law' concerned with the unenforceable obligations
that people have to one another" (p. 9). Christ set the standard of love for all believers to
emulate. The Apostle Paul expounded on this when he wrote, "Let no debt remain
outstanding, except the continuing debt to love one another, for whoever loves others has
fulfilled the law" (Rom. 13:8, New International Version). Mark Greenberg (2014) believed
that legal obligations are a certain subset of moral obligations. "Legal institutionslegislatures, courts, administrative agencies- take actions that change our moral obligations.
I call this view the Moral Impact Theory because it holds that the law is the moral impact of
the relevant actions of legal institutions" (para. 2).
A third Biblical principle in effect in America's legal framework is jurisdiction, "The
authority of a court, as granted by a constitution or legislative act, to hear and decide cases"
(Liuzzo & Hughes, 2019, p. 10). Moses was the first to serve as a judge for the people of
Israel. "Whenever they have a dispute, it is brought to me, and I decide between the parties
and inform them of God's decrees and instructions" (Ex. 18:16, NIV). Herbert W. Titus
(2008) made a wonderful point regarding the concept of civil conduct. "The Bible teaches
that the jurisdiction of civil rules is limited to only 'civil conduct', not conduct in general.
There are certain relationships that God has created between one human being and another
human being that are not governed by force. Not by the civil ruler who wields the sword,
but instead governed by- can I say it?- Love" (p. 313).
References
Greenberg, M. (2014, Mar. 1). The moral impact theory of law. The Yale Law Journal,123(5),
1118- 1625.
Retrieved on Mar. 19, 2019, from https://www.yalelawjournal.org/essay/the-moralimpact-theory-of-law.
Liuzzo, A. L. & Hughes, R. C. (2019). Essentials of Business Law (10th ed.). New York:
McGraw-Hill Education.
Stern, C. A. (2003, Apr. 26). The common law and the religious foundations of the rule of
law. The Philadelphia
Society. Retrieved on Mar. 19, 2019, from https://phillysoc.prg/stern-the-commonlaw-and-the-religiousfoundations-of-the-rule-of-law.
Titus, H. W. (2008). The Bible and American law. Liberty University Law Review, 2(3), 305328. Retrieved on
Mar. 20, 2019, from
https://digitalcommons.liberty.edu/cgi?referer=1022&context=lu_law_review.
Discussion Post #2 (Clarissa Hodge)
Our modern legal system reflects many similarities to the Biblical legal system as
received from Jehovah by the Prophet Moses. When Jethro, father-in-law to Moses,
observed him solely judging matters for the people, he said “The thing that you do is not
good…for this thing is too much for you; you are not able to perform it by yourself” (Exodus
18:17b, 19, New King James Version). He wisely suggested that Moses teach the law to the
people, moving the responsibility for obedience, and set a hierarchy of rulers over them
freeing Moses to judge the important matters. Similarly, the US legal system has an
established a hierarchy within the governing body consisting of three branches: legislative,
executive, and judicial. This provides a checks and balances combined with leadership voted
in by the people or appointed to oversee the implementation and adherence to the law.
Although we may not always agree with the law, we are to be subject to those who are in
authority over us. As Hebrews 13:17a states, “have confidence in your leaders and submit to
their authority, because they keep watch over you as those who must give an account” (New
International Version). “Authority calls upon us to set aside our independent reasonings
and defer to its dictates. (Aroney, 2013, p 671)
“In our country, the principles and ideals that protect individual liberty and freedom are
incorporated in the Constitution of the United States (the federal Constitution)”
(Liuzzo/Anthony, 2019, p 5). Many have compared to the Bill of Rights to the Ten
Commandments. The commandments were the basic guidelines the Israelites must follow in
order to keep the communication lines open between their Creator as well as to maintain healthy
relationships with one another. They are still relevant in our lives as “a glue that holds us
together” (Osler, 2007, p 695). Conversely, “the essence of the Bill of Rights is that it limits the
actions of the government in attempting to impose any code of belief and behavior on the
residents of the nation” (Osler, 2007, p 694).
One final Biblical example reflected in today’s legal system is the telling the truth.
Whether it is as a plaintiff or defendant, one has the responsibility to speak the truth at all
times. “Then you will know the truth, and the truth will set you free” (John 8:32, NIV). Although the
First Amendment’s freedom of speech clause gives Americans a fundamental right, it does not
protect all speech, such defamatory or threats of physical harm.” I find it interesting that “the First
Amendment’s guarantee of the free exercise of religion does work to protect the role of the
commandments as a foundation of America morality, which ultimately might be more
important” (Osler, 2007, p 684). With American’s moral foundation rapidly eroding and
good being defined as evil and vice versa, it is very important to hold to and speak truth.
Furthermore, it is important to understand the laws governing our country in order obey the
law while standing for justice.
References:
Aroney, N. (2013). Divine law, religious ethics, secular reason. Political Theology, 14(5), 670685. doi:10.1179/1462317X13Z.00000000044
Liuzzo, Anthony L. and Hughes, Ruth C. (2019). Essentials of Business Law, Tenth
Edition. New York, NY: McGraw-Hill Education.
Osler, M. (2007). Aseret had'varim in tension: The ten commandments and the bill of
rights. Journal of Church and State, 49(4), 683-696.
doi:http://dx.doi.org.ezproxy.regent.edu:2048/10.1093/jcs/49.4.683
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