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“How should law, morality, and religion interact in America today?” Andrew Forsyth asks in the concluding paragraphs of Common Law and Natural Law in America. The placement of this question at the very end of the book is appropriate. Forsyth does not seek to directly answer the question. Instead, he turns our attention to the long history of American reflection on law, morality, and religion as it was organized by the categories of natural law and common law. Forsyth’s history—extensive in scope, yet impressively concise in telling—scrambles common contemporary ways of thinking about and with the categories of natural law and common law. And as the reader’s perception of these ideas is reframed by this history, the question of how law, morality, and religion should relate is sure to be provoked anew. The contributions of the panelists witness to the way Forsyth’s book allows us to think better about this question today.
Natural law and common law, Forsyth tells us, are today seen as completely distinct and even unrelated ideas. The common law is often called “judge-made law.” Natural law, by contrast, is taken to be the timeless and universal moral law founded on nature, reason, or the will of God. What Forsyth offers is something quite different: the story of “a centuries-long stream of American legal thought [that] presupposed—sometimes tacitly, sometimes explicitly—that natural law and common law are intertwined,” a story in which one sees clearly that natural law “undergirded the development of American jurisprudence”.
Natural Law and Common Law
Law of God or Law of man?
The following preachers need to be read by Christians.
Albert Barnes
Adam Clarke
John Gill
“The Enduring Relevance of Biblical Law, part 2
Biblical law stands in contrast to the dominant alternative, natural law theory, which for all its claims to neutrality, is in fact nothing more than a revived Stoic paganism, and is of no credibility in a world that lacks religious consensus.”
Ezra Institute
Now my comments are showing! 🙌🏻
A response to Jane’s comments above. I will try to be succinct, but the nature of the question challenges that goal.
Common Law is the human implementation of Natural Law (“… laws of Nature and of Natures’ God …”) These have to be discovered by man, just as man discovers the physical laws of Nature (physics, chemistry, biology, etc).
As man searches physical reality for an explanation of the beginning of the universe, man searches for the foundations of Morality in a similar way. It is a scientific adventure.
Whether a man arrives at the notion of singularity called a Big Bang or describes a theological creation, each man is describing the same thing in different words, a Creator. In one case, an unknown and unknowable Event, in the other an immortal and omnipotent Being existing in context that we are incapable of understanding.
Regardless of which path you tread, the Natural Law world-view says you must look to the universe for evidence of Moral guidance. If you distill the history of man in order to ascertain the common elements taught in his secular virtues and various religions, you arrive at only two common rules: (1) do all you have agreed to do, and (2) do not encroach on others or their property.
Natural Law is not “neutral” with regard to Morality, and that is evident from an understanding of the two common rules. If you examine the behaviors of man that lead to prosperity, you find adherence to principles of the Noahide Covenant (for all descendants of mankind) and the Mosaic Covenant (for specific descendants); both implementations of the two rules.
Biblical Law stands in alignment with, and as a sub-set of, Natural Law. There may well be undiscovered Natural Laws that are not yet Revealed. Some Biblical Law was Revealed (via scripture) and some of the elements of Christian Liturgy were discovered over the evolution of human thought.
Where you examine cultures that attempt to replace the ‘One God’ common to the history of (most if not all) mankind with edicts of secular government, you find the degeneracy of Nazi Germany, the Soviet Union, Communist China, etc.
Modern law-schools have attempted to remove God from Natural Law theory in order to install Government as the supreme authority. As agents of the State, that is their duty to their god.
Zionism has infiltrated Christianity.
For me, it’s real simple. I follow the New Testament. I read the Bible.
✝️Faith in Christ only.
✝️Trust in God with all your heart.
✝️Do not rely on your own discernment.
✝️Fear God and run away from every evil.
I was baptized Catholic, got lost and studied Buddhism 10 years, was chrismated an Orthodox Christian, and for the last few years listen to sermons by Pastor Chuck Baldwin. His sermons have helped me tremendously. I am now dipping into the sermons of our colonial preachers thanks to learning about them from Pastor Chuck Baldwin.
Proverbs 3:5 is Old Testament.
And Jesus at least indirectly quoted Proverbs 3:5 here:
Matthew 22:37-40
New King James Version
37 Jesus said to him, “‘You shall love the Lord your God with all your heart, with all your soul, and with all your mind.’ 38 This is the first and great commandment. 39 And the second is like it: ‘You shall love your neighbor as yourself.’ 40 On these two commandments hang all the Law and the Prophets.”
I used to be a New Testament Christian but after learning that Jesus fulfilled (not eliminated) the Law. I learned this scripture and now personally read the whole bible.
2 Timothy 3:16-17
King James Version
16 All scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness:
17 That the man of God may be perfect, thoroughly furnished unto all good works.
A good article David, that brings into discussion what we are going to use to rebuild the Republic or whatever comes after the District of Criminals lose their power.
I’ve suggested before a copy of the Bible, the Declaration of Independence and the Constitution might be a good start.
For the non-Christians read the Constitution carefully, they KNEW of religious persecutions and thus wisely placed into the Constitution FREEDOM OF RELIGION not Freedom FROM Religion.
Genghis Khan allowed Freedom of Religion as long as they paid their taxes AND DIDN’T Interfere with other folks’ religions.
I read the whole Bible, too. It’s important to read both.
Yes,
Matthew 22:37-40
New King James Version
37 Jesus said to him, “‘You shall love the Lord your God with all your heart, with all your soul, and with all your mind.’ 38 This is the first and great commandment. 39 And the second is like it: ‘You shall love your neighbor as yourself.’
Yes.
Jane, you began by quoting the first paragraph of Joe Boots’ essay “The Enduring Relevance of Biblical Law, part 2”
Joe’s second paragraph describes precisely the source of all authority, the “One God” of Nature, to which I alluded above.
“For any kind of law to exist, there must be a law-giving authority. At the heart of the question of law is the question of Lordship. Who defines meaning, life and law for people? Our answer must be, the God of Scripture, the God of the covenant. All men are accountable to God, and for human society to flourish we must walk in the “old paths” in the “good way” if we would know life and rest (Jer. 6:16).”
My reply to your comments above is not in conflict with Boots’ statement on authority. However, Boots’ appears to ‘reason’ from a position that all knowledge (Law) can be derived from scripture and gospel, implying that nothing can be learned about Nature and Nature’s God using God-given gift of reason.
In closing, if I can bastardize a bit of Hamlet just for effect …
There are more things in Gods’ heaven and earth, Jane, than have yet been revealed to man through scripture.
Thank you for your response. Faith in Christ!
Here is part of the “plan.” Make everything that is done, is done by contract. If any contract is signed without “All Rights Reserved,” you automatically surrendered your Rights. Unless signed under duress, or, by Fraud. That’s the “own nothing.” Surrendering ones Natural Sovereignty (here’s is where it gets tricky): when one is born, what is the First thing the childs feet touched? Solid earth, or a Birth Certificate? Natural ground = natural individual. Birth Certificate = property of the state, an artifical individual that can be taxed, etc. The “strawman.” It gets so deep.
Where did Maritime law come from and why is it ever applied to inland matters??
“Admiralty law, also known as maritime law, is a distinct body of law that governs the legal rights and obligations of parties involved in maritime activities and commerce. In the United States, admiralty law is primarily governed by federal statute, with the most important legislation being the Admiralty and Maritime Claims Jurisdiction Act of 1980.
“Admiralty law in the United States has its roots in the English common law tradition, which was brought to the colonies by English settlers. Over time, American courts developed their own body of admiralty law, which was later codified and amended through federal legislation.”
Source:
https://www.federalrulesofcivilprocedure.org/what-is-admiralty-law-in-the-united-states/