Most of "Western Civilization" is BASED ON "Judeo-Christian Jurisprudence!!"
Doc
tortoise wrote:
Very true. Perhaps ironically, the United States of America (along with England but not Scotland) is one of the few exceptions to this -- our system of jurisprudence is essentially pagan at its core
--- "Some hold that common law came from Christian foundations, and therefore the Constitution derives from it. They use various quotes from Supreme Court justices proclaiming that Christianity came as part of the laws of England, and therefore from its common law heritage.
Thomas Jefferson elaborated about this view of the history of common law in his letter to Thomas Cooper on February 10, 1814:
"For we know that the common law is that system of law which was introduced by the Saxons on their settlement in England, and altered from time to time by proper legislative authority from that time to the date of the Magna Charta, which terminates the period of the common law. . . .
This settlement took place about the middle of the fifth century. But Christianity was not introduced till the seventh century; the conversion of the first Christian king of the heptarchy having taken place about the year 598, and that of the last about 686. Here then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it. . . .
If anyone chooses to build a doctrine on any law of that period, supposed to have been lost, it is incumbent on him to prove it to have existed, and what were its contents. These were so far alterations of the common law, and became themselves a part of it. But none of these adopt Christianity as a part of the common law. If, therefore, from the settlement of the Saxons to the introduction of Christianity among them, that system of religion could not be a part of the common law, because they were not yet Christians, and if, having their laws from that period to the close of the common law, we are all able to find among them no such act of adoption, we may safely affirm (though contradicted by all the judges and writers on earth) that Christianity neither is, nor ever was a part of, the common law."
Acting on political grievances against Great Britain, the framers of the Constitution derived an independent government out of Enlightenment thinking. Our Founders paid little heed to political beliefs about Christianity.
They gave us the First Amendment as a bulwark against an establishment of religion and at the same time ensuring the free expression of any belief.
The Treaty of Tripoli, signed in the early days of this republic and an instrument of the Constitution, clearly stated our non-Christian foundation.
And while we inherited common law from Great Britain, this law clearly derived from pre-Christian Saxons and cannot be seen as a simple codification of biblical Scripture."
TWO VERY Enlightening Posts.
My Thanks to You Both!!
Somehow, your "Revelations about 'Common Law'" give me Hope that our "Western Civilization" has a "Leg Up" on ALL OTHER "Civilizations!!"
Our "Forefathers" "GOT IT RIGHT!!"
I VERY MUCH Appreciate your "Elucidation!"
I am Humbled by my Ignorance.
Thanks!
Doc