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All Laws Are Religious

All Law In Every Culture Is “Religious”In Origin

Law is in every culture religious in origin. Becauselaw governs man and society, because it establishes and declares the meaning ofjustice and righteousness, law is inescapably religious, in that it establishesin practical fashion the ultimate concerns of a culture. Accordingly, afundamental and necessary premise in any and every study of law must be, first,a recognition of this religious nature of law.

Second, it must be recognized that in any culture the source of law is the god of that society. If law hasits source in man’s reason, then reason is the god of that society. If thesource is an oligarchy, or in a court, senate, or ruler, then that source isgod of that system. Thus, in Greek culture law was essentially a religiouslyhumanistic concept. In contrast to every law derived from revelation, nomos for the Greeks originated in the mind(nous). So the genuine nomos is no mere obligatory law, butsomething in which an entity valid in itself is discovered and appropriated… .It is “the order which exists (from time immemorial), is valid and is put intooperation.”

Because for the Greeks mind was one being with the ultimate orderof things, man’s mind was thus able to discover ultimate law (nomos) out of its ownresources, by penetrating through the maze of accident and matter to thefundamental ideas of being. As a result, Greek culture became both humanistic,because man’s mind was one with ultimacy, and also neoplatonic, ascetic, andhostile to the world of matter, because mind, to be truly itself,had to separate itself from non-mind.

Modern humanism, the religion of the state, locates law in thestate and thus makes the state, or the people as they find expression in thestate, the god of the system. As Mao Tse-Tung has said, “Our God is none otherthan the masses of the Chinese people. In Western culture, law has steadilymoved away from God to the people (or the state) as its source, although thehistoric power and vitality of the West has been in Biblical faith and law.

Third, in any society, any change of law is an explicit orimplicit change of religion. Nothing more clearly reveals, infact, the religious change in a society than a legal revolution. When the legalfoundations shift from Biblical law to humanism, it means that the society nowdraws its vitality and power from humanism, not from Christian theism.

Fourth, no disestablishment of religion as such is possible in anysociety. A church can be disestablished, and a particular religion can besupplanted by another, but the change is simply to another religion. Since thefoundations of law are inescapably religious, no society exists without areligious foundation or without a law-system which codifies the morality of itsreligion.

Fifth, there can be no tolerance in a law-system for anotherreligion. Toleration is a device used to introduce a new law-system as aprelude to a new intolerance. Legal positivism, a humanistic faith, has beensavage in its hostility to the Biblical law-system and has claimed to be an“open” system. But Cohen, by no means a Christian, has aptly described thelogical positivists as “nihilists” and their faith as “nihilistic absolutism.”[3] Every law-system must maintain its existence by hostility to every otherlaw-system and to alien religious foundations, or else it commits suicide.(Rousas John Rushdoony, The Institutes of Biblical Law,1973).

The following video presents the issue and shows that we all have an approach to the law - the question is, Whose laws will rule?

Article References:

[1] Hermann Kleinknecht and W. Gutbrod, Law (London: Adam andCharles Black, 1962), p. 21.

[2] Mao Tse-Tung, The Foolish Old Man Who Removed Mountains(Peking: Foreign Languages Press, 1966), p. 3.

[3] Morris Raphael Cohen, Reason and Law (New York: Collier Books,1961), p. 84 f.

Lawlessness of Supreme Court

The Supreme Court has led the way in getting our nation away from its original biblical foundations of common law. Liberal politicians have stacked the justices with men that favor a humanistic view of law. The law them becomes what a few elite decide. There is no higher appeal to a moral authority than our court justices. When the justices become corrupted, our laws become corrupted. The only solution then is for a national spiritual revival to occur which changes the hearts of the people or the people must revolt against the government which has how become unjust and tyrannical.

Lawlessness of Supreme Court