The Basis for Law

A good friend of mine, Herb, is a retired Yale professor. Hailing from Louisiana, he also has a lifetime of passionate progressive activism behind him. As part of his next act, he’s trying to help establish an online local news, Ashland.news, working with a handful of others. In accordance with that activity, he also publishes opinion pieces.

This week, Herb took on his home state’s misguided efforts to post the ten commandments in every school classroom. Louisiana proponents of that effort claim that the ten commandments are the basis of law in the United States. Without saying, poppycock, Herb points out that isn’t so, focusing on the Supreme Court building to help establish his point. It’s not a long article and I invite you to read it, but these are the gist of Herb’s position.

I would welcome opposition to publicly sponsored display of the Ten Commandments on historical and moral as well as Constitutional grounds. I would (and now will) argue that as a code of justice the Ten Commandments are rudimentary, and they were not especially formative of U.S. law.

In a National Public Radio interview, Dodie Horton, who sponsored the mandatory display bill in the Louisiana senate, contended, “Our laws are based on the Ten Commandments. In fact, without them, a lot of our laws would not exist.” Which laws might she mean (the interviewer didn’t ask)? It needs no voice from a thundercloud to teach us not to murder, steal or bear false witness. No society can tolerate such actions because they destroy social cohesion.

Hebrew society wasn’t even the first to write down these prohibitions. The Code of Ur-Nammu antedates the Book of Exodus by at least a millennium. In it, murder, rape, robbery and adultery are capital crimes. A somewhat later and more famous Mesopotamian code, ascribed to Hammurabi, has 282 laws and regulations addressing a wide range of social and economic interactions. A portrait of Hammurabi in marble relief is included in the frieze on the south wall of the U.S. Supreme Court chamber.

The figures in that frieze and its continuation on the north wall point to the many sources of our laws. Reading the south frieze left to right: Menis (from ancient Egypt), Hammurabi, Moses, Solomon, Lycurgus (ancient Sparta), Solon and Draco (ancient Athens), Confucius and Augustus Caesar. Reading the north frieze from left to right: Justinian, Muhammed, Charlemagne, King John (because he signed the Magna Carta), Louis IX, Hugo Grotius, William Blackstone, John Marshall and Napoleon.

We don’t have legal documents from all these figures, but most of them represent legal developments that were formative for us. Pace Ms. Horton, were there no Ten Commandments, our laws would look no different than they are, but they are unimaginable without the Corpus Juris Civilis (Body of Civil Law), the codification of Roman law under the auspices of the 6th century CE Eastern Roman emperor Justinian I. An even more formative influence was William Blackstone’s “Commentaries on the Laws of England” of the 18^th century. It’s the best-known description of the doctrines of the English common law, which developed separately from Roman law.

If Republicans were more interested in facts instead of myths, they would know the facts as Herb laid them out. Unfortunately, they’re too busy suborning the U.S. Constitution and its foundations and forcing their religion on everyone else to bother learning facts.