Ch. 1.1. Primary Source: The Bible

The Bible does not focus primarily on matters of secular (i.e., non-religious) law, but what it does say about law had a great influence on later legal systems in many parts of the world. This applies to the dominant western branches of Christianity, including the Roman Catholic Church and the many forms of Protestant Christianity that trace their origins to Catholicism (before the Protestant Reformation that began in the early 1500s).

The nine excerpts below suggest that the Bible’s lessons for social norms and equality are complex. On the one hand, many passages emphasize acceptance of traditional social hierarchies that kept slaves, servants, the poor, and women in subordinate roles. On the other hand, other passages recognize the need for treating all people fairly and for avoiding the corruption that wealth and power make possible. A few passages also point to an underlying equality among all people.

Similarly, there are a range of messages concerning obedience to authority. While in one passage church and state are described as being separate, several others declare that all ruling powers hold their positions by God’s authority.

 

1. Judging Fairly: “Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly” (Leviticus 19:15).

 

2. God Appoints Rulers: “I have found David my servant; with my holy oil I have anointed him” (Psalm 89.20). “By me kings reign and rulers issue decrees that are just; by me princes govern, and nobles—all who rule on earth” (Proverbs 8:15-16; cf. 1 Samuel 16:3; 2 Samuel 5:3).

 

3. Subjection to Authority: “Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted… For rulers hold no terror for those who do right, but for those who do wrong… For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also as a matter of conscience. This is also why you pay taxes, for the authorities are God’s servants” (Romans 13:1-6; cf. 1 Timothy 1:8-10).

 

4. Church and State: “Pilate then…summoned Jesus and asked him, ‘Are you the king of the Jews?’ …Jesus said, ‘My kingdom is not of this world…’ (John 18:33, 36). “Is it right to pay the imperial tax to Caesar or not?” But Jesus…said, “You hypocrites, why are you trying to trap me? Show me the coin used for paying the tax.” They brought him a denarius, and he asked them, “Whose image is this? And whose inscription?” “Caesar’s,” they replied. Then he said to them, “So give back to Caesar what is Caesar’s, and to God what is God’s” (Matthew 22:17-21; cf. Mark 12:15-17; Luke 20:19-26).

 

5. Social Status: “Each man must remain in that condition in which he was called. Were you called while a slave? Do not worry about it; but if you are able also to become free, rather do that. For he who was called in the Lord while a slave, is the Lord’s freedman; likewise he who was called while free, is Christ’s slave… Brethren, each one is to remain with God in that condition in which he was called” (1 Corinthians 7:20-22, 24). “Slaves, obey your earthly masters with respect and fear, and with sincerity of heart, just as you would obey Christ” (Ephesians 6:5).

 

6. Men and Women Cursed: “To the woman [the Lord] said, ‘I will greatly multiply your pain in childbirth; in pain you will bring forth children; yet your desire will be for your husband, and he will rule over you.’ Then to Adam He said, ‘Because you have listened to the voice of your wife, and have eaten from the tree…, cursed is the ground because of you; in toil you will eat of it all the days of your life’” (Genesis 3:16-17).

 

7. Women Subordinate to Men: “But I want you to understand that Christ is the head of every man, and the man is the head of a woman…” (1 Corinthians 11:3). “The women are to keep silent in the churches; for they are not permitted to speak, but are to subject themselves… If they desire to learn anything, let them ask their own husbands at home; for it is improper for a woman to speak in church” (1 Corinthians 14:34-35). “Wives, be subject to your own husbands, as to the Lord. For the husband is the head of the wife, as Christ also is the head of the church… But as the church is subject to Christ, so also the wives ought to be to their husbands in everything” (Ephesians 5:22-24). “A woman should learn in quietness and full submission. I do not permit a woman to teach or to assume authority over a man; she must be quiet. For Adam was formed first, then Eve. And Adam was not the one deceived; it was the woman who was deceived and became a sinner. But women will be saved through childbearing—if they continue in faith, love and holiness with propriety” (1 Timothy 2:11-15). “You husbands…, live with your wives in an understanding way, as with someone weaker, since she is a woman; and show her honor as a fellow heir of the grace of life” (1 Peter 3:7).

 

8. The Golden Rule: “So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets” (Matthew 7:12; cf. Luke 6:31).

 

9. Equality: “For by one Spirit we were all baptized into one body, whether Jews or Greeks, whether slaves or free, and we were all made to drink of one Spirit” (1 Corinthians 12:13). “So in Christ Jesus you are all children of God through faith… There is neither Jew nor Greek, there is neither slave nor free man, there is neither male nor female; for you are all one in Christ Jesus” (Galatians 3:26-28). “[In this new life] there is no distinction between Greek and Jew, circumcised and uncircumcised, barbarian, Scythian, slave and freeman, but Christ is all, and in all” (Colossians 3:11).

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American Legal History to the 1860s Copyright © 2020 by Richard Keyser. All Rights Reserved.

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