The Biblical Scripture and the U.S. Civil and Criminal Codes
Research Paper
Introduction
Almost all countries nowadays comply with one of two main legal systems-- civil law or common law. The civil law system originated from continental Europe and was implemented by European colonizers, like Portugal and Spain, in their respective colonies. On the other hand, the common law system was developed in Great Britain and was implemented in the British colonies. In the 19th and 20th centuries, civil law was accepted and enforced by countries previously implementing unique legal systems, like Japan and Russia, which aimed at reforming their legal structures so as to acquire political and economic strength similar to that of countries in Western Europe (Cochran & VanDrunen, 2013). In the United States, however, which largely conforms to the common law, the civil law tradition can be unusual and ambiguous. This paper discusses the historical development and basis of the U.S. law, particularly the Bible, and the continuity and discontinuities between the biblical law and the U.S. civil and criminal codes.
Historical Development and Basis of U.S. Law
Although England had numerous strong, vigorous cultural connections to European countries during the medieval period, its legal system evolved in a different way from that of the rest of the region for several historical explanations, and one of the most basic aspects through which they differ was in the making of legislative resolutions as the foundation of civil law and judicial resolutions as the foundation of common law (Cheeseman, 2014). Similar to most American societies, U.S. law embodies a diversity of customs and heritage, and can most accurately be understood by looking at its origins and development. Possibly the most important foundation of U.S. law is the common law tradition that was introduced to the American civilization by the English colonists. Basically, the common law is a set of court resolutions that has evolved over time and covers numerous customary legal issues, like tort law, property, and contract (Friedman, 2010). It is the common law tradition and its impact on the U.S. legal system that legal professionals educated in the civil system should have knowledge of if they are to fully understand how the U.S. legal structure operates.
It is important to discuss the historical development of civil and criminal law during the colonial era because this period bore witness to the earliest attempts toward progress. The American colonies largely adopted the laws, jurisprudence, and legislation of the motherland in shaping and implementing their civil and criminal law. Apparently, groups of colonists, only some of them with a certain level of legal background and experience, do not create criminal laws without basing them on something, but ever since, the colonial settlers showed an eagerness to try on modifications in the English heritage if their native ideals and principles seemed to require them (Burnside, 2011). In the Plymouth Code of 1636-- the earliest set of laws declared in British North America-- a clear deviation from the English approach to punitive measures against major crimes was already observed (Friedman, 2010).
Even though the number of capital crimes in England was large and included most major offenses, the capital punishment in Plymouth was restricted to arson, murder, treason, and certain moral crimes (Cafferky, 2015). Its reforms in the criminal law suggested a pattern that was eventually to be adopted by other colonies. The Laws and Liberties of Massachusetts that were developed in 1648, which is a much more refined and advanced manual than the Plymouth Code, represented important modifications in the judicial and common criminal law of the motherland (Friedman, 2010). In addition, compared to the English law, it shortened the list of capital crimes, and generally established less harsh punishments for noncapital or minor crimes.
Besides the English common law, the basis for the entire law also originated from biblical scriptures in the Old Testament. Sections of the Pentateuch and Deuteronomy were often mentioned in explanations of penal codes, and such adoption of the biblical scriptures had the absolute impact of making the laws less ruthless than it could have been (Halberstam, 2013). Those identified as capital crimes were crimes for which the Bible precisely imposed a death sentence. Aside from the influence of the Bible, The Laws and Liberties of Massachusetts was infused with an essence of reason and a strong dislike for the numerous unintended components of English criminal law (Friedman, 2010). For instance, the principle of 'benefit of clergy'-- previously a helpful instrument for escaping the capital punishment in American and English criminal jurisprudence-- was viewed as an outcome of historical coincidence, having no connection to rationality or the Bible (Friedman, 2010), and in essence was omitted from the law.
The importance of these criminal laws rests in the amendments which were made in the English penal code. Fundamental to the laws was the intense conviction that the criminal codes of a society were very crucial to be permitted to expand gradually. Instead, the codes must be developed methodically and consistently and with consultation and forethought to bring out the most profound moral essence of the society and to promote the social values and goals for which the society is intended for. Regrettably, this principle vanished over time.
Comparing and Contrasting U.S. Civil and Criminal Law and the Biblical Law
Several of the fundamental laws in the Bible remain at the core of the U.S. civil and criminal law. “Thou shalt not bear false witness” (Holy Bible, 2005, 708) is still the foothold of defamation and evidentiary laws; “Thou shalt not steal” (Holy Bible, 2005, 708) remains the central basis of property and theft; “Thou shalt not kill” (Holy Bible, 2005, 59) is still the pillar of homicide laws. The biblical codes of sanctuary remain operational for or applicable to escaping asylum seekers, refugees, and criminals. Any knowledgeable legal professional can identify the Christian movement and biblical origins of numerous of the contemporary laws of business and commerce, church and state, property, crime and punishment, marriage and family, among others (Jennings, 2010). “Honor the authorities” (Holy Bible, 2011, 124) is still the foundation of contemporary constitutional law. The biblical ideals of celebration and commemoration are at the core of the contemporary debt relief and bankruptcy laws. Several of these legal provisions were absolutely unique to the Christian faith, rooted in theological wisdom and biblical scriptures. Others were modified and re-created from Roman, Greek, and Hebrew models (Wong, 2014). Still, whether original or modified, biblical scriptures on society, politics, and law have greatly influenced the growth of U.S. civil and criminal law.
Nevertheless, numerous biblical values, as regards society, government, judicial processes, civil liberties, human nature, ethics, and law remained a fundamental basis for the American principles of duties, rights, mercy, and justice. At times biblical scriptures can be and have been used both to support and challenge the same legal principle and contemporary societal values are largely in conflict with biblical practices. Although the Bible do not, and in numerous instances must not, have power over U.S. law, neither should nor can they be omitted from the foundation of U.S. law, either as regards civil liberties specifically or as a component of the common law generally (Jennings, 2010). American concepts of human rights and civil liberties are based not just on the Enlightenment, but on the Bible, Roman, and Greek antiquity as well. The Bible talks vigorously about freedom, and hence it has worked as a powerful pillar of U.S. civil laws.
Numerous evangelical experts explain the Mosaic Law or the Law of Moses by highlighting the difference between ceremonial, civil, and moral laws. Ceremonial laws refer to the priestly endeavors, festivals, sacrifices (Friedman, 2010). Civil laws, on the other hand, refer to the matters of criminal justice, economics, and land; for instance, Deuteronomy 15:1-- “at the end of every seven years you must cancel debts” (Holy Bible, 2005, 155). Moral laws refer to the perpetual truths concerning what God commands as ethical or moral human behavior, such as “Love your neighbor as yourself” (Holy Bible, 2011, 83). These differences between ceremonial, civil, and moral laws are crucially essential because this differentiation informs followers of what specific law is applicable to their circumstances.
Biblical scriptures have numerous similarities with economic and business laws and they involve more than individual finance. Primarily, God urges people to do business. For instance, God includes work or business in His instructions to Adam and Eve in Genesis 1-2. They were expected to take care of the garden as one of their tasks in wielding power and control over all other creations (Cafferky, 2015). Thus, work has inherent importance and is how people carry out the continuing command to exercise control over the earth. Work is consecrated by God from the very beginning. Hence, those doing business or working are fulfilling God's mandate just like how the clergy is fulfilling God's work in the church (Cafferky, 2015; Cochran & VanDrunen, 2013). The biblical scriptures also instruct people to do business or acquire work so as to provide for the needs of their families and themselves, build an opportunity for sharing or disseminating God's teachings, help the church and its programs, and support the poor.
God provides numerous proofs in the Bible regarding ideals for economic justice and business ethics. The Mosaic laws are a meaningful basis in these areas. The Mosaic laws restricted or circumscribed the property rights of individuals in order to ensure the availability of resources for all individuals and families (Stackhouse, 1995). They ensured accessibility of food for all individuals by replacing farmers' rights to harvest all their yields with the virtue of leaving something for the poor (Stackhouse, 1995, 39; Holy Bible, 2011, 86):
shall not reap your field to its very border, neither
shall you gather the gleanings after your harvest.
And you shall not strip your vineyard bare,
neither shall you gather the fallen grapes of your
vineyard; you shall leave them for the poor and
for the sojourner: I am the Lord your God.”
Biblical scriptures instruct that businesses must be conducted with dignity, trustworthiness, and virtue. The Bible clearly states that businesses must be done with integrity and that work or business should not be conducted as a way to oppress or take advantage of others, especially the weak. The Mosaic Law has several guidelines for the conduct of trustworthy business. Leviticus 19:35, for instance, instructs that measurements and calculations be precise, an act that was highly crucial in an agricultural business (Holman Bible Editorial, 2012; Cafferky, 2015). The Bible also instructs businesses not to exploit their resources to take advantage of the poor and the vulnerable. The mandate “to act justly, to love faithfulness, and to walk humbly with your God” (Holman Bible Editorial, 2012, 135) is absolutely applicable to businesses and promotes virtues of humility, love, and justice that must guide business transactions and operations.
The guidelines stated in Exodus 23:1-9 have been interpreted by experts as a Mosaic law for the administration of justice. These rules oblige all those involved in the legal procedure to be trustworthy, to not exploit and discriminate a resident alien, to refuse bribes, to punish only the guilty and protect the innocent, to avoid perjury, to not discriminate the poor and favor the rich, and to prevent deceit or conspiracy (Cochran & VanDrunen, 2013). These same guidelines are adopted in American legal ethics and judicial codes. For instance, the U.S. courts have used Deuteronomy 16:19-- “do not pervert or show partiality” (Holy Bible, 2011, 373)-- in resolving challenging cases.
However, there are also differences between biblical scriptures and the U.S. laws. One example is the divergence between debt cancellation and debt perpetuity. The framers of the U.S. constitution decided to give respect to the past debts of the states and the nation. Yet, had they chose to follow the Bible, this would have been the perfect opportunity to require a revisit of God's instructions for debt cancellation, which is stated in Deuteronomy 15:1-2-- the sabbatical year (Wong, 2014). Without such obligation or requirement, the U.S. law fundamentally promoted debt perpetuity, opposed to God's mandate for debt cancellation. Moreover, the framers and the Constitutionalists and political rulers at present celebrate men's commandments and customs as the 'supreme law of the land' (Article 6), which is against to what the Bible teaches (Cochran & VanDrunen, 2013; Cafferky, 2015).
Conclusions
The U.S. civil and criminal law is largely based on biblical scriptures, which makes it difficult to draw a line between the two. The Mosaic Law establishes ethical codes for businesses, for instance. Looking at the historical development of the American law, one would fully understand why framers of the U.S. Constitution and past and present American legislators decided to base the nation's civil and criminal codes on biblical scriptures, that is, the Bible is clear-cut in identifying what is moral and immoral, what is right and wrong, and what is ethical and unethical.
References
Stackhouse, M. (1995). On moral business: classical and contemporary resources for ethics in economic life. Grand Rapids, Michigan: Wm. B. Eerdmans Publishing.
Burnside, J. (2011). God, justice, and society: aspects of law and legality in the Bible. UK: Oxford University Press.
Cafferky, M. (2015). Business ethics in biblical perspective: a comprehensive introduction. New York: InterVarsity Press.
Cheeseman, H. (2014). Legal environment of business. New York: Prentice Hall.
Cochran, R. & VanDrunen, D. (2013). Law and the bible: justice, mercy and legal institutions. New York: InterVarsity Press.
Friedman, L. (2010). A history of american law. London: Simon & Schuster.
Halberstam, C. (2013). Wisdom, Torah, Nomos: the discursive contours of biblical law. Law, Culture and the Humanities, 9(11), 50-58.
Holman Bible Editorial (2012). If God made the universe, who made God? New York: B&H Publishing Group.
Holy Bible (2005). KJV minister's bible burgundy. Peabody, MA: Hendrickson Publishers.
Holy Bible (2011). Holy Bible. Peabody, MA: Hendrickson Publishers.
Jennings, M. (2010). Business: its legal, ethical, and global environment. Mason, OH: Cengage Learning.
Wong, F. (2014). A reflection on the nature and theological basis for poverty and debt laws in the Pentateuch. Review & Expositor, 111(2), 187-195.
