American Law and the 10 Commandments.
11.10.2004
Some people believe that our laws were based upon the 10 Commandments. Others think otherwise. Let's explore this issue and see which is correct.
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For reference, here is the text of the 10 Commandments (Exodus 20:1-17), according to the NIV translation:
For reference, here is the text of the 1st Amendment to the U.S. Constitution:
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Now that we have the reference information, let's take a look at the position of those who believe that our laws and system of government were based upon the 10 Commandments.
Last year there was a battle between then Alabama Supreme Court Justice Roy Moore, who placed a 2½-ton granite monument displaying the 10 Commandments in his court's rotunda, and those who say that he and his court, as representatives of the Federal Court system, are bound by the 1st Amendment to the Constitution to maintain Jefferson's famous "wall" of seperation between church and state. He placed the monument there, he said, because the laws of the United States are based upon the 10 Commandments. From this story we can likely say that Moore is a relatively good representative of those who believe our laws are based on the 10 Commandments, so let's look at his position on the subject.
According to this opinion piece, Moore's advisors say:
- "...the role of the Ten Commandments in the formation of Western law is an historical fact. The Ten Commandments are the "very fountainhead of the common law" (the body of law developed in England and followed in America), according to Herbert W. Titus, founding Dean of the Regent University School of Law and Government. The monument, provocative to some, simply restates that historical fact, he says."
- "Law professor John Eidsmoe adds that "Mosaic law has influenced and really been the basis for Western law." Eidsmoe, who teaches law at Faulkner University, cited the 890 a.d. legal code of British monarch Alfred the Great, which opened with a recitation of the Ten Commandments. Charlemagne similarly relied on biblical law, he said."
- "But facts of history aside, should the Ten Commandments play a role in contemporary law? Yes, says Titus. The Ten Commandments are the "very foundation of law and liberty in America" and critical to our continued freedom..."
- ""Our position is that the Ten Commandments are not, strictly speaking, a religious document," said Eidsmoe. "They are a legal code, they are a civil and criminal code, and they are a moral code that applied to Israel and have been foundational for other societies."
- "Besides which, America draws people from around the world, including Hindus and Buddhists, who seek the freedom enjoyed in this nation. The source of that freedom, Titus points out, is the Ten Commandments — especially the first commandment. "They may be offended, but the reason why they enjoy the liberties they have is the very thing that gives them offense."
Okay, so let's examine the claims of Moore's supporters in order to determine:
- if the 10 Commandments have "influenced and really been the basis for Western law"
- if the 10 Commandments are the "very foundation of law and liberty in America"
- if the 10 Commandments are "not, strictly speaking, a religious document"
- if the source of religious freedom in the United States "is the Ten Commandments — especially the first commandment"
The 10 Commandments and Western/English Common Law
Let's first consider the 10 Commandments' role in Western law.
It could be said that the 10 Commandments have influenced Western Law. However, I would argue that while most of Western societies have held the Bible, and therefore the 10 Commandments, as their highest religious laws, those same societies' secular laws have been influenced even more highly by other sources of law.
For one thing, much of the 10 Commandments and many of the other Exodus and Leviticus laws themselves were, historically and quite obviously, based at least to some degree on the code of laws used by the ancient king and lawgiver Hammurabi. Hammurabi was the first king of the Babylonian Empire, ruling some 300 years before Moses as compared to the Biblical timeline. The Code of Hammurabi (which - perhaps not surprisingly much like the 10 Commandments - were reportedly delivered to Hammurabi by his god on a mountain top), with its "eye for an eye" mentality was an obvious influence on the Exodus, Leviticus and other Biblical writers. And, of course, it in turn was likely influenced by earlier Mesopotamian sets of laws - Hammurabi was just one of the first known to have his laws "set in stone," literally.
Regardless, Western law and philosophy has been influenced greatly by many non-Biblical sources. Again, this is not to say that the Bible and the 10 Commandments haven't influenced our laws or culture, but I propose that the laws of the Greeks, the Romans, the Sumerians, the Babylonians, the Mongols, the Chinese, etc. have been in many cases as much of an influence, and in some cases more of an influence than anything, found in the Bible.
For example, according to The Columbia Encyclopedia entry on Law, "Roman law... has had immeasurable influence on the growth of Western law."
Furthermore, and perhaps more importantly, as shown in the next section, each of the Commandments is either in direct contradiction to American law and/or it's constitution, or so general as to be part of a standard code of conduct in any sane society before or after Moses.
Conclusion: The 10 Commandments, by themselves, have not been very influential on Western Law.
The 10 Commandments and American Law & Liberty
I would now like to compare each of the 10 Commandments to American concepts of law and liberty, to determine how much of an influence the Commandments have had on those concepts.
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You shall have no other gods before me.
This very first Commandment is in complete contradiction to our American 1st Amendment to the constitution, which states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Indeed, the 1st Commandment, while an important law for Judeo-Christians to observe, is the very antithesis to our American concept of religious liberty. Imagine how different the Constitution and our society would look if the first phrases of our Bill of Rights had been replaced with this Commandment!
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You shall not make for yourself an idol...
This second Commandment is in complete contradiction to our American 1st Amendment to the constitution and our American concept of religious liberty. Like with the previous Commandment, imagine how different the Constitution and our society would look if the first phrases of our Bill of Rights had been replaced with this Commandment!
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You shall not misuse the name of the LORD your God...
This third Commandment is also in complete contradiction to our American 1st Amendment to the constitution and our American concept of religious liberty.
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Remember the Sabbath day by keeping it holy...
This fourth Commandment is, as with the first three, in complete contradiction to our American 1st Amendment to the constitution and our American concept of religious liberty. Now admittedly our society is highly influenced by this Commandment, in that most people do not work on whatever day they consider the Sabbath, for example. However, this has nothing to do with our laws, but their traditions - as it should be.
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Honor your father and your mother, so that you may live long in the land the LORD your God is giving you.
Our laws regarding children quite obviously follow this Commandment. Children are, by law, under the physical and mental control of their parents. However, I ask you, throughout the entire history of the world, in what other sane society has this not been the case? Furthermore, the "land" that "the LORD" was planning to give to the Israelites was somewhere in the middle east - not anywhere near America.
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You shall not murder.
Our laws regarding murder quite obviously follow this Commandment. However, I ask you, throughout the entire history of the world, in what other sane society has this not been the case?
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You shall not commit adultery.
There are no laws regarding the illegality of adultery. It is, at worst, the basis for divorce, but no criminal penalties (that I know of) can be imposed on a person who has committed adultery in America.
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You shall not steal.
Our laws regarding theft quite obviously follow this Commandment. However, I ask you, throughout the entire history of the world, in what other sane society has this not been the case?
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You shall not give false testimony against your neighbor.
Our laws regarding false testimony, or perjury, quite obviously follow this Commandment. However, I ask you, throughout the entire history of the world, in what other sane society with a court system has this not been the case?
But "aha!" you say. In our courts we swear, on a Bible, the oath, "I promise to tell the truth, the whole truth and nothing but the truth, so help me God." That means at least one aspect of our courts is based on the 10 Commandments, right? Not so. Not one of the 10 Commandments, including this one, says anything about swearing on a Bible or to God, it simply says not to lie about your neighbor.
In fact, this practice of swearing on the Bible is not only an afront to our religious liberties as protected by the 1st Amendment (by forcing people to acknowledge and swear to a God in which they may not even believe), but it is also contradicted by the Christian Bible itself! According to Matthew 5:33-37, Jesus said, "Again, you have heard that it was said to the people long ago, 'Do not break your oath, but keep the oaths you have made to the Lord.' But I tell you, Do not swear at all: either by heaven, for it is God's throne; or by the earth, for it is his footstool; or by Jerusalem, for it is the city of the Great King. And do not swear by your head, for you cannot make even one hair white or black. Simply let your 'Yes' be 'Yes,' and your 'No,' 'No'; anything beyond this comes from the evil one." and similarly, in James 5:12, he said, "Above all, my brothers, do not swear--not by heaven or by earth or by anything else. Let your 'Yes' be yes, and your 'No,' no, or you will be condemned."
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You shall not covet your neighbor's house, [etc]...
There are no laws regarding one's covetous nature. No criminal or civil penalties (that I know of) can be imposed on a person who has coveted his neighbor's donkey, for example.
Conclusion: The 10 Commandments have not been the foundation of American Law and Liberty.
The 10 Commandments: a Religious Text?
Now let's consider the idea that the 10 Commandments are not a religious document. This is, strictly speaking, easily the silliest statement by Moore's advisors and, therefore, the easiest to debunk.
First, according to the religious texts in which we read about them, the 10 Commandments were given by the deity portrayed in the Old Testament to one of his chosen people, Moses. Thus the origin of these Commandments are, even by their supposed source material, admittedly religious in nature.
Second, several of the Commandments themselves are blatently religious in nature. Indeed, for example, the very first Commandment states "You shall have no other gods before me," a VERY strong religious statement. The 2nd, 3rd and 4th Commandments are also highly and blatently religious in nature by the same reasoning. We could of course strip these first four Commandments from the list, leaving a seemingly secular set of rules, but then they'd be the 6 Commandments... which doesn't quite have the same impact or meaning as the original as it takes them completely out of context.
And, of course, we should not ignore the fact that our textual source for the 10 Commandments is the Torah, or "Old Testament", a highly religious text used by the three major religions of the world (Judaism, Christianity and Islam).
Conclusion: The 10 Commandments is, "strictly speaking," a religious document (or perhaps nobody knows what the definition of "is" is).
The 10 Commandments and Religious Freedom
How do the 10 Commandments compare or relate to religious freedom? The answer is, quite simply, they don't.
As shown in the section on American Law & Liberty above, the first four Commandments are in total contradiction to our American 1st Amendment to the Constitution, indeed they contradict the very first words of the 10 Articles making up our Bill of Rights. Instead of saying "worship under the dictates of your own beliefs," the 10 Commandments demand that one worship no other god but Jehovah.
To further show the diametrically opposed positions of 10 Commandments and the concept of Religious Freedom in America, compare the 1st through 4th Commandments to the following statements authored by some of the American Founding Fathers...
- "The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no God. It neither picks my pocket nor breaks my leg."
- "Because religious belief, or non-belief, is such an important part of every person's life, freedom of religion affects every individual... Erecting the 'wall of separation between church and state,' therefore, is absolutely essential in a free society."
- -- Thomas Jefferson
- "[L]et every man follow, as he has a right to do, the religion and the worship he prefers."
- -- Thomas Paine
- "[religion and government] will both exist in greater purity, the less they are mixed together."
- -- James Madison
Conclusion: The 10 Commandments are an antithesis to the American concept of religious freedom.
Final Thoughts
As shown above, none of Moore's positions on the 10 Commandments are valid when even briefly compared to our system of government and concepts of liberty.
The 10 Commandments, while somewhat influential in Western society, are not the basis for Western law, and especially not American law. Other societies, such as the Romans, have been of much greater influence on Western concepts of law and government.
Furthermore, the Commandments are not in any great amount the foundation of law and liberty in America, for many of the same reasons that they are not the basis for Western law by itself. The first four Commandments actually contradict our foundations of liberty in America, and while a few of the other Commandments do correlate to basic concepts in our law, such as "do not murder" and "do not steal," these concepts are so general as to appear in every sane society in history.
We have also seen that the 10 Commandments are, in fact, a religious document. It could be argued that Commandments 5 through 10 are secular in nature, but the fact remains that the first four Commandments are highly religious in nature - all ten of the Commandments must necessarily be considered together in any analysis as to their religiosity. This, of course, is not to mention that the source of the 10 Commandments, the Torah or "Old Testament", is a deeply religious document.
Finally we have seen that the first four Commandments are in direct contradition to our American concepts of religious freedom. While we believe that one should "follow... the religion and the worship he prefers", the 1st through 4th Commandments dictate a specific deity to worship and the modes of that worship.
Final Conclusion: The 10 Commandments influenced but were not the basis for Western law, they were not in any great amount the foundation of law and liberty in America, they are, strictly speaking, a religious document, and they are not the source of religious freedom in the United States.
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