The 3 Commandments in American Law

Origin of Western Law

The Western world derives its law from the Romans, and indirectly from the Greeks who influenced the Romans.  In 449 BCE Rome, the Plebs reacted against the old system of law that favored the Patricians.  Among their many complaints was that the Patricians refused to codify and publish the law.  To settle matters, since the Patricians couldn't afford a revolt by the Plebs, the old system of law was revised, and the new system of law was codified and published as the Twelve Tables.

The new law introduced some of the most basic elements of our modern system of law:

1) Everyone is equal before the law;

2) The accused is innocent until proven guilty; and

3) The accused has a right to defend himself and to know his accuser.

300 years later, Palestine comes under Roman control.  This is still before the time of Jesus Christ or the Bible.  By that time, the Roman system of law is well established.  There is no evidence that Roman law was influenced in any way by Mosaic law (the law of the Bible, and Moses), which came after the introduction of Roman law in Palestine.

Origin of American Law

American law is based more on English common law than on Roman law, though many of the basic precepts of common law are shared by both English common law and Roman law.  English common law wasn't the law of that region until after 1066 CE, when William the Conqueror comes into power in England. 

Prior to 1066 CE, feudal law was prevalent, and courts were run by the landowners.  William the Conqueror and his progeny continued to improve and codify the law, and under the rule of Henry I, the Church was taken out of the law business.

There would be Canon law (the clergy would be free to regulate the affairs of the church and to establish rules for things like marriage and divorce), and there would be a separate, secular law beyond the control of the church.

Henry II accelerated what his grandfather started: the development of a law common throughout the entire kingdom in place of local laws.  Centuries later, English common law would become the law of the English colonies, including the thirteen colonies in North America.

The history of Law, like so many other things, is also a study of world history.  When one considers that there were laws in cultures that existed before the Bible, it is hard to support the idea that law is based on the Bible.  Every culture in history has prohibited acts that were bad for the community, like murder.

It is obvious that certain actions are so universally disapproved of that they are deemed illegal, no matter when , or where.  Logically, it cannot be concluded that all law is based on the Bible, right?  Ancient Chinese laws prohibited murder.  Ancient Roman laws prohibited murder.  Ancient Sumerian laws prohibited murder.  

And even though America's history is short, it remains true that, like laws every where, and every 'when,' American laws are not based on the Bible either.

Only three of the Commandments are reflected in American Law:

• murder;
• stealing; and
• lying.

In comparing American Law to the Commandments, let's consider the example of "bearing false witness," or lying.  In reality, lying is only outlawed when providing testimony to the court, or when providing sworn testimony, as in a deposition, affidavit, or to, say, the Senate. (Some heavy hitters do get to testify in front of the Senate without being sworn in, but that will never happen to most of us.)

And as in the case of murder, all cultures in all times have addressed the crime of lying, before the Bible existed.  One need look only so far as the Commandments that are not represented in American Law to know that our legal system is NOT based on Mosaic law.

Commandments that do NOT appear in Law:

    "Thou shalt have no other gods before me"

  "Thou shalt not make unto thee any  graven images"

  "Thou shalt not take the name of the Lord thy God in vain"

   "Remember the Sabbath Day, to keep it holy"

  "Honor thy mother and father"

  "Thou shalt not commit adultry"

  "Thou shalt not covet..."

   

In fact, it is difficult to say exactly which of God's pronouncements should actually be considered the Big 10.  In The Decalogue or The 10 Commandments, by Felix Just, S.J., PhD., it is pointed out that the commandments are expressed both in Exodus and in Deuteronomy, and neither passage numbers them one through ten.  The author also points out that there are more than ten imperative verbs in each of the passages, despite other biblical texts' references to "ten words" or "ten statements."

There is another logical flaw in thinking American Law is based on Mosaic law.  While most Christians believe that the 10 Commandments are from the Torah (or "Instruction") given to us  by God through Moses,  the Torah contains over 600 commandments, each of equal importance to God.

For a chart of the multiple possible commandments, please see The Decalogue or The 10 Commandments here: 

 http://catholic-resources.org/Bible/Decalogue.htm