Basis of Human Law Part 4

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In the past three posts on this topic I pointed out various observations from the early chapters of the Holy Bible which have import to the subject of human law. The principles found there provide an important basis for human law.

I have grazed through a number of observations, en route to a picture of our modern legal system and the process of human law. I can’t guarantee we’ll get there, but the journey has been valuable so far.

Review

Before pressing on with more things to observe, it is fitting to take some time to review what we have observed so far. To help harvest some of the insights and their significance for future application I am not only revisiting the content, but grouping it into several sub-headings.

All of these points come from a source that is identified as divine revelation. That is, they were not worked out by human thinking or made up by human inventiveness, but were revealed to mankind by God, Himself. God inspired holy men to write what was impressed to them. At the same time historical records were kept of the events of people’s lives. As centuries passed the collection of holy writings became increasingly potent, because things that seemed of little note when recorded in antiquity became powerfully relevant and significant in later times. Thus a book which was actually written by God was passed to us, and, despite the many contributors over many centuries, we have a book that conveys a unified message from one creative author, God.

So here are the points we have covered so far, from the Biblical text.

Existence

The essence of life is our very existence. But we humans are not the only identities which have significant existence.

God is our pre-existent, sovereign creator. All existence springs from God’s existence from eternity.

Natural law is a product of what has been created by God. It is thus a by-product of God’s existence. To appeal to natural law as the foundational legal reality, without regard for God, is a nonsensical idea. Nature is not the place from which we spring, but a product of God’s creativity, just as we are. It was not made in God’s image, but we are.

Man is a created being, morally accountable to the holy Almighty God.

Man’s existence is a consequence of God’s existence. God exists because He is God. Man exists by the will of God.

Life is impacted by three types of being: God; Man; and the Devil. The devil actively influences people to rebel against God, especially by getting them to reject God’s Words.

Note that the devil is a created being. He was at first an angel created to serve God, but he rebelled against God’s authority and thus awaits his eternal doom. Meanwhile, God allows him to tempt mankind as a means of testing he hearts of men, to find those who will truly submit to God.

Supremacy and Jurisdiction

Law requires courts, judges, rulers and the like. These people have some level of authority over others and some realm of jurisdiction in which their word holds sway.

God is the supreme being and has jurisdiction over the entire universe and all that is known and unknown.

Jurisdiction allows a being to speak over a certain realm with authority. God’s jurisdiction is eternal and unbounded. Everywhere that light can go is within the bounds of God’s jurisdiction.

Because man is under God’s jurisdiction, man is a moral being. Therefore there are moral consequences to man’s moral choices and actions. Man is accountable, not a law unto himself.

Natural Law is not the highest and final realm of law. Divine Law, based on the pre-existence of God, as revealed to us in the Holy Bible, has much greater authority and conveys much more powerful truth than natural law could ever imagine.

God gives assigned roles to people, just as He did in the creation, giving man dominion over the rest of creation.

Man is under direct command from God and must obey God’s instructions.

Man is under moral law, so man is accountable for moral actions, not just natural consequences of his actions.

Superiors have authority over their subordinates, and can command them.

Authority and Accountability

Rules are unavoidable. All of life is governed by limitations. There is no such thing as being a law to ourselves or being outside law.

Those with authority have the right to summons and interrogate those accountable to them.

Those with authority have the right to pass sentence on those accountable to them.

Divine law speaks morality into the world, causing everyone to be accountable, not based on natural endowment, but on moral principle.

Mankind has been created with equality before God and has been given equality of purpose on the earth.

Words

Because ‘jurisdiction’ is the right to speak over a realm, words are very important legal elements. Words control the realm over which they have right to apply. Word usage, definitions and the terms of agreements are very important.

Words are elements for which we are accountable.

Consequences

Actions lead to consequences, both natural and moral. We cannot control the consequences or stop them from happening.

Sin has moral power, causing moral consequences which can be profound and far reaching.

Moral consequences can be experienced at a completely internal level, yet be more real and devastating than actions upon our external body.

Human delusion does not create reality. Man cannot become free from divine morality, no matter what man chooses to believe.

It All Starts with Law

From what we have seen so far, the universe is a law based environment. It is logical that people operate under law, since the very shape of life as it was created is a legal context. A superior Being created people who are accountable to Him.

That Being, God Almighty, determines the roles of man, the standards by which man must live and the consequences for his actions. Thus we have the formula for all legal contexts, where people with authority and position enforce standards that others are to live by, even determining the punishment to be meted out when requirements are not met.

Legal Study

I’d like to suggest that you study law, since we live under law in every aspect of our lives. But that might send you off studying some law course or other that is designed to bring you to a wrong place under man’s impositions. Just because something is called law doesn’t make it true law, as we may see in future posts.

Rather, we need to study the Biblical basis for human law, as I am splashing through it with you, so we see the right responsibilities and accountabilities that God has place upon us.

Basis of Human Law Part 3

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This is part three in a series about the basis for human law. The points are being drawn from the earliest chapters of the Bible, which relate events that are 6,000 years old. The Holy Bible is the most authoritative ancient document on earth and deserves careful investigation, as it yields insights which are powerfully applicable today.

In the first two posts I have drawn attention to a range of observations which undergird principles impacting human law. There are yet more to observe, and so this third post builds on the points made previously, adding new insights into new principles.

Enter an Antagonist

In the third chapter of the Bible, Genesis 3, we meet a new character in the human drama. In Genesis 1 we meet Almighty God, who exists in different personalities, such as the “Spirit of God” (Genesis 1:2). We also meet man, made by God, in God’s image, and given dominion over all the other creatures which God made.

Then, in Genesis 3, we are introduced to an identity which is first seen as a snake. We discover that this personality is, in fact, a fallen angel. He is active and intent on tempting humans to rebel against their creator God and master.

We learn much about the character and activity of this identity in the simple record of the encounter between this devil and the woman.

The role of the devil as a negative influence, promoting self-indulgence and creating a breach between people and God. One of his main strategies is to promote doubt about the veracity of God’s Words. See how the devil questions God’s words, then accuses God of lying. This emphasis on words underscores their legal significance, as mentioned in previous posts on this topic.

“Now the serpent was more subtle than any beast of the field which Jehovah God had made. And he said to the woman, Yea, has God said, You shall not eat of any tree of the garden?” Genesis 3:1

“And the serpent said to the woman, You will not surely die: for God knows that in the day you eat thereof, then your eyes will be opened, and you will be as God, knowing good and evil.” Genesis 3:4,5

Paying careful attention to words is a vital principle of legality. Eve mishandled God’s instructions and then chose to believe a lie. The consequences were devastating and irreversible.

The Fall

When Eve and Adam ate of the forbidden fruit there were powerful consequences. Their internal perception changed immediately. Their personal state changed from that of innocence and blessing, to shame and curse. Their relationship with God was destroyed. Instead of blessing and joy they were filled with guilt and fear.

These outcomes reveal the moral power of sin. In a materialistic world people may think that all actions are equal. If what is deemed ‘evil’ can be committed without any visible consequence, then no harm has been done. But the record shows that evil actions have moral consequences, even if no physical harm has been done.

Millions of people live with that reality, even if they don’t admit it to themselves.

Eve was deceived and deluded, but her perception had no power. She could not create reality. She is not a ‘creator’ but a created being. She did not have the power to make reality by her thoughts, interpretations and perceptions. She came up against the ugly reality of her moral accountability and spiritual impotence.

Human delusion does not create reality, even if it seduces people to take a course of action in good faith.

Note also the internal moral consequences, impacting the inner condition of the person. Adam and Eve were profoundly impacted by their choices and actions. The internal impact was far beyond the natural events. This is tragically true for people today who engage in any immoral action. That also explains the state which people end up in when they have done something against God’s moral order, which should not have had any material effect.

The internal impact of our moral choices is as real, even if not more real than any external consequences which impact the natural surroundings.

Interrogation

Once Adam and Eve had eaten of the forbidden fruit and suffered tragic internal consequences, God came to speak with them. They could not face him, but hid themselves in the bushes.

When God came to meet with them He asked them questions. Firstly he asked Adam to come before him. This is the legal “summons”.

“And Jehovah God called to the man, and said to him, Where are you?” Genesis 3:9

Secondly, God interrogated Adam and Eve. This interrogation process

“And he said, Who told you that you were naked? Have you eaten of the tree, whereof I commanded you that you should not eat?” Genesis 3:11

God had the unlimited right to interrogate people and hold people accountable. There was no way that Adam or Eve could have escaped this interrogation, since they were created as subjects of God, their sovereign.

Legal processes employ interrogation. Those with authority have the right to demand an answer. Any encounter with the legal system involves the summons to appear and the requirement that answers be given. This expectation is a standard element of having authority, as God has over us all.

Right to Remain Silent

Note that western citizens have ‘the right to remain silent’. Why would that be so? That right is embodied in their personal sovereignty. If they did not have personal sovereignty, an element of equality among other men, then answers could be demanded of them, no matter how much the answer might incriminate them.

Jesus Christ remained silent when interrogated by a Roman governor, Pontius Pilate.

“and he (Pilate) entered into the Praetorium again, and said to Jesus, Where do you come from? But Jesus gave him no answer.” John 19:9

Jesus, as God, was not required to ever answer a question put to him by man. When Pilate tried to impress Jesus with the power Pilate had over him, Jesus notified Pilate that the Roman official had no power over him except that which God gave him.

“Pilate therefore said to him, Don’t you speak to me? Don’t you know that I have power to release you, and have power to crucify you? Jesus answered him, You would have no power against me, except it were given you from above….” John 19:10,11

Note in this reply by Jesus, that human authority over another person is to be a divinely granted privilege. It is not something that people can take to themselves.

Passing Sentence

Once God had interrogated Adam and Eve, He then passed sentence. He spoke consequences over each of them, as punishment for their actions. God is the one who creates the sentence for wrong behaviour.

God prescribes not only the natural consequences of man’s actions, but the personal moral consequences as well. Moral failure is not measured by the material impact of the actions. While some people will say, “I didn’t hurt anyone”, and expect that therefore no crime was committed, God sees that the very intent of the heart has moral consequences and deserves judgement.

In God’s Ten Commandments we see the major actions which God sees as morally important. Among them is “giving honour” (honour your father and mother) and “covetousness” (not covet another person’s goods). These matters could be secret matters of the heart, having no impact on anyone or any material thing, and never being translated into actions. Yet they are forbidden.

“Honour your father and your mother, that your days may be long in the land which Jehovah your God gives you.” Exodus 20:12

“You shall not covet your neighbour’s house, you shall not covet your neighbour’s wife, nor his man-servant, nor his maid-servant, nor his ox, nor his ass, nor anything that is your neighbour’s.” Exodus 20:17

God brings judgement upon people not just for their actions, but for the attitudes of their heart. Thus Jesus equated lust with the act of adultery. Its moral impact and the judgement it generates are the same either way.

“but I say to you, that every one that looks on a woman to lust after her has committed adultery with her already in his heart.” Matthew 5:28

Yet More

A foundation of principles has now been identified. These are not the whole story, but they provide a basis for the development of human law. In future posts we will explore the development of human responsibility to judge other humans.