The Demise of Law


What is the original source of many of our
laws in Canada today? Have we lost our grasp on history and along
with this are we witnessing the demise of law? A recent comment on our Viewpoint entitled,
“Is Tradition Important?” challenged the assertion that the Bible is
in fact the primary source of the laws that make up the legal code of much of the western
world. The comment reads:
I must disagree that The Bible is the source for ‘most of our laws.’ …any actual modern laws that define us as
‘Western’ Cultures were only conceived during the Enlightenment, Protestant Reformation,
etc. Is this true? Did our laws come about from the concepts
of men during the Enlightenment period or even on the basis of ancient texts such as
Hammurabi’s code? Is the Bible to be excluded as a primary source? It’s time we opened a history book… In order to understand the development of
Canadian Law, we must first look at the history of British Law. In England the Anglo-Saxons were united as
a people under the leadership of Alfred the Great. He ruled from AD 871 to 899 and “He appended
to his laws a free translation of the Ten Commandments and an abridgement of the enactments
of Exodus 21 to 23.” During the reign of Henry VIII (1509-1547)
marriage laws in England were refined using the Bible to determine who was permitted to
marry with whom. Henry and his advisors decreed:
All persons may lawfully marry, but such as are prohibited by God’s law. Henry cited Leviticus 18 as that which identified
marriage relationships which are to be prohibited and cited in the marriage laws of the time
were sections of Leviticus 20. Solicitor General of England, Sir William
Blackstone in 1765 authored “Commentaries on the Laws of England”. This was the first text in England that set
out all of the existing laws of the land and commented on their source. In the Introduction, pages 39-43 Blackstone
makes the following comments: When the Supreme Being formed the universe
and created matter out of nothing, He impressed certain principles upon the matter from which
it can never depart…This will of his maker is called the law of nature…This law of
nature…is binding over all the globe…no human laws are of any validity if contrary
to this…because man’s reason is corrupt…The doctrines thus delivered we call revealed
or divine law and they are to be found only in the holy scriptures…Upon these two foundations,
the law of nature and the law of revelation, depend all human laws.” During the years 1750 to 1900 the British
Empire spread and carried with it the laws of Britain. That law, even if imperfectly implemented,
was designed to produce peace and order in the family and in the nation. It should not be surprising the Empire was
known for its legal systems, and that even modern day China has sought advice from judges
and lawyers in Britain and Canada in developing a sound legal system. During and after the American Revolution,
although the 13 colonies rejected British rule over perceptions of unjust governance,
they still preserved the British legal system; referring to its judicial precedents as “case
law”. Britain and America have both maintained Common
Law which formally recognizes God’s law as its foundation. An example is found in the case of The Queen
vs Taylor. Lord Chief Justice Hale stated:
Christianity is part and parcel of the laws of England and that to cast obloquy (strong
public criticism or verbal abuse) upon its precepts is to speak subversion of the law. In the United States the case of Sparrow vs
Union Pass, Judge Strong stated: Christianity is a part of the Common Law of
this state (Pennsylvania)”It was part of the Common Law of England before this state was
settled…(it) is an indictable offense at Common Law to write or speak of Christianity
contemptuously. It is simply incorrect for anyone to suggest
that the laws of the English-speaking world are not inexorably linked to the Bible. History shows when these laws are implemented,
even imperfectly, the produced a society that the world admired and sought to emulate. Yet now that same society and many of its
leaders are striving with all their heart to destroy and disdain this very law and its
source. Perhaps it is worth taking some time to consider
the conditions that enabled the English speaking world to achieve what it did, one of which
were just laws, and carefully evaluate the consequences of repudiating those conditions. We should carefully read our history and learn
from the past, in particular we should read the foundation of our nation’s laws. I am Stuart Wachowicz for Tomorrow’s World
Viewpoint. To subscribe to our channel, click here. To access articles, telecasts and booklets
from Tomorrow’s World, visit our website at www.TWCanada.org. Have you heard about sologomy? This growing trend has stirred some controversy. Is it the world going mad, or is this progress?

Comments 4

  • Henry the eight is in hell with Cromwell and I hope he has realized that the Irish are not animal's but after there vote to introduce abortion in to the 26 counties the most of them will meet him

  • Alfred the Great citing the Ten Commandments and Exodus 21–23 and King Henry VIII Leviticus 18, 20 make it crystal clear that British law is rooted in the Bible.
    I never knew of Sir William Blackstone. That excerpt from his Commentaries regarding the law of nature, the law of revelation, and human law is powerful, uncommonly insightful, and very well expressed.
    You have shown convincingly that British, Canadian, American—Western—law derives from the Bible, even if subversive forces now are trying to dissolve those ties. Nice piece. Thank you.

  • I LOVE JUST LAWS BASED ON THE BIBLE.  THANK YOU STUART WACHOWICZ AND TW VIEWPOINT FOR THIS REMINDER OF THE SOURCE OF GOOD LAW.

  • Western values, culture and success arose DESPITE the Bible not because of it. Except for slavery … that’s directly approved of in the Bible. It’s also approved in Europe and Canada’s new official religion – islam (brown race of oppressed melanin).

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