My Life and Books (14) Identifying Universal Laws

Another big surprise was discovering that the Torah has two universal laws. Discovering this key was a huge step forward. A problem with studying the Torah is that it is full of a lot of different stuff mixed up together: history, laws, sacrifices, tabernacle design, covenants, infection control, genealogies, and rules for the priesthood. We need a principle to identify the laws that judges are required to enforce in every society.

After looking for a long time without success, I found the key I have been looking for. That key is a phrase in the book of Exodus. Whereas most laws in Exodus are addressed to Israel, I noticed that a section of laws in the middle of the book seems to be addressed to a universal man. They all begin with the expression, “If a man” (kiy ish). These laws are not addressed to Israel, but to all people. This set of universal laws begins at Exodus 21:12 and ends at Exodus 22:17.

This section of law also stands out as being different, because it is expressed in the third person. Most of the other laws in Exodus are expressed in the second person, ie you shall not steal, you shall not murder. Moses used “you” because he was addressing Israel and announcing laws for his listeners and their descendants. The Ten Commandments are all written in the second person, as they were spoken to Israel. The laws beginning at Exodus 21:12 are written in the third person, ie if he does something, he shall receive this penalty.

The third person is used when referring to someone who is not part of the conversation. It points to a third person, who is not the speaker (I) and not the listener (you). Moses used the third person here because this section of laws is for all people and not just for those who participate in the covenant made on Mount Sinai. The third factor that distinguishes the section of laws between Exodus 21:12 and Exodus 22:17 is that the subject of the verb is always “a man” or “men”. There is no definite article, so the reference is not to a particular man, but to any man. These seem to be laws for all men or “everyman”.

The use of the third person and “man” or “men” as the subject of the command marks off a set of laws that apply to all people in all societies everywhere. These laws are not just for Israel. The penalties for failure to comply with these laws are specified in a timeless way. I refer to them as the Laws for Society, as God intends them to be applied by judges in every society and culture.

The Laws for Society cover two areas of life.

• personal injury.
• protection of property.

Biblical justice is limited to:

• Physical injury to a human person.
• Theft or damage to property.

These two types of offence are the only ones specified in the Judicial Laws of Moses. There is nothing else. This makes God’s Judicial Law very simple and easy for everyone to understand. It means that we do not need a Congress or Parliament to turn out hundreds of new laws every year. We do not need law books with hundreds of pages of detailed legislation. All we need is wise judges, who can decide in any situation whether a victim was harmed by assault or if their property was harmed or stolen.

Judicial Laws of Moses (14) - Limited Justice

The judicial laws of Exodus 22:12-22:16 have just two objectives.

• Protection of Property
• Protection of Human Life
  

God has specified only two types of sin for which remedy or punishment can be imposed by a human court. In a biblical system of justice, judges are limited to dealing with two types of activity.

• Theft or damage to property
• Physical injury to a human person.

The first type of sin is actions that harm the property of other people. This ranges from theft to careless actions that harm to another person’s property. The following are specifically mentioned in the judicial laws.

• Stealing another person’s property (Ex 22:1).
• Breaking into another person’s house (Ex 22:2).
• Allowing animals to wander and destroy another person’s crop (Ex 22:5).
• Allowing fire to spread and destroy another person’s property (Ex 22:6).
• Losing money that has been handed over for safekeeping (Ex 22:7). (This is an important principle for banking).
• Careless care of another person’s property that results in damage (Ex 22:10-13).
• Damaging animals or equipment that has been borrowed. (Ex 22:14-15).

The second type of sin consists of actions that injure the body of another person. This covers the range from an accidental assault to murder. The following are specifically mentioned in the judicial laws.

• Assault (Ex 21:18-19).
• Murder with intention to kill (Ex 21:14).
• Manslaughter (Ex 21:13).
• Assaulting a parent is particularly serious, because God requires children to honour their parents (Ex 21:15).
• Kidnapping is a serious assault, because it involves theft of another person’s life (Ex 21:16).
• A serious curse can do as harm a person’s body more than a blow with a fist (Ex 21:17).
• Assaulting and employee (Ex 21:20-21).
• An innocent bystander being injured by men fighting with each other (Ex 21:22-25).
• Allowing an animal or machinery to hurt another person (Ex 21:28-32).
• Leaving a hazard unguarded that hurts another person (Ex 21:33-36).
• Sexual seduction is a serious of assault (Ex 22:16-17).

The Bible has no distinction between criminal law where crimes are enforced by the state in criminal courts and civil law where breaches are pursued by individuals in civil courts. The concept of an offence or crime against the state simply does not exist in the scripture. The only distinction is between sins that affect property and those that harm the person. God is offended by both types of sin and his judges are responsible for dealing with both types of offence.

Judicial Laws of Moses (11) - Personal Injury

The second half of Exodus 21 deals with protection from personal injury. The modern terms are assault and murder. Murder is the most serious form of assault. These laws are expressed in the same way as those that deal with protection of property.

If a man willfully attacks another to kill him by cunning… (v.14).
If men quarrel and one strikes the other with a stone or with his fist… (v.18).
If a man hits his manservant or maidservant with a rod… (v.21).
If men who are fighting hit a pregnant woman and she gives birth prematurely… (v.22).
If a man hits a manservant or maidservant in the eye and destroys it… (v.26).
If a bull gores a man or a woman to death… (v.28).
If a man opens a pit, or digs a pit and does not cover it… (v.33)
If a man's ox butts another's… (v.35).

These laws define the scope of assault. The most serious assault is murder. The more common assault is one person striking another with his fist or a weapon. The definition of assault includes a careless action that causes another person to come to harm. It extends to harm done to animals.

These laws against assault are universal in application. They are not directed to a particular people, but to all people everywhere.

Judicial Laws of Moses (5) - The Big Box

The five books of the Torah cover a variety of topics. It includes:

• creation
• history
• exodus
• civil laws
• sacrifices
• tabernacle design
• covenants
• infection control and hygiene
• genealogies
• blessings and curses
• rules for priesthood
• land distribution

The Torah is a big box. A lot of different stuff is all mixed up together and sometimes repeated. We need to be clear about which parts have been fulfilled, and which parts remain in force.

Judicial Laws of Moses (1) - Searching for Wisdom

Many years ago, when I got really serious about studying political and economic issues from a Christian perspective, I started in the New Testament. I found some good stuff, but there was just not enough material there to do the job. The criteria and principles from which a political or economic theory could be developed were missing. Jesus made lots of comments with political implications and his comments about paying taxes are interesting.

He said to them, "Then give to Caesar what is Caesar's, and to God what is God's" (Luke 20:25).

This response was very clever, because it silenced his critics at the time, but it less clear what it means in terms of political theory.
Paul and Peter made some interesting comments about submission to political authorities (Romans 13:1-7, 1 Peter 2:13-17). However, they did not say which authorities are legitimate and which are not. It is uncertain whether they were giving universal principles or just acknowledging the reality of their current situation. These passages do not provide the basis for a political theory without the support of deeper analysis and reinforcing principles. The New Testament simply does not provide sufficient guidance for those attempting to develop a Christian approach to economics and political theory.

I then went back to the Old Testament Prophets. They were great at pointing out what was wrong with their own societies. However when it came to understanding what should be, there was just not enough there. None of the prophets describe an ideal political and economic system.

I actually had to go back to Exodus and Deuteronomy to find a complete political and economic system. Even in these books it is hidden, but a complete system is there. It just takes some digging out.

This full series is here.

Universal Laws (12) Conclusion

Over the last week I have posted about three universal laws. The complete series can be found here.

I have derived the three universal laws from common sense using reason and logic. The astute reader will note that these universal laws actually come from the Ten Commandments. some will have noticed that the many of the examples also come from the scriptures. A version with scripture references can be found here

These three laws are universal because they are written on our consciences. This is not surprising, because every human being has a conscience. Since we are all created in God’s image, our conscience reflects his standards. Everyone knows Gods law, because it is written on all human hearts. People repress their consciences with regard to their own behaviour, but they all know what is wrong for other people. These are universal laws, because they are God's laws.

The three universal laws appear to be human laws, because they are accepted by people everywhere. They are actually God’s law, as contained in the Ten Commandments. The reason they appear to be human laws is that God has written his law on human hearts.

Universal Laws (11) Limiting Politicians

Punishment of crime allows a civil government to use force against those who break the law. Very few people will accept the right of an elite to control the rest of our society. We never know when we will end up a part of a minority, so few people would agree to the right of a majority to bully a minority (even they are rich). This means that the civil government must be limited to doing things that everyone can agree on. The highest common denominator provides a constraint on government power, because only thieves, murderers and thugs can be subjected to government force.

Laws that attempt to do more than prevent theft and violence are generally mooted by people who enjoy telling other people how to behave. They usually want to force people to be good. This is dangerous because people disagree about right and wrong. Whereas the three universal laws have universal support, laws that go beyond them produce endless argument and disagreement. Their enforcement results in the views of the politically powerful being forced upon people who do not agree with them.

Politicians are particularly dangerous, because they believe that law can solve every problem. They always want the law to do much more than it can, so they go well beyond the highest common denominator and force a wide range of laws onto society. They use political power to force the laws of the majority onto minorities. Even worse, they often force the majority to obey laws supported only by a minority. Laws that are not universally accepted are dangerous for everyone.

A highest common denominator approach keeps politics humble. The three universal laws are voluntary because people are not forced to do things against their will. This highest common denominator is simple, accepted and effective.

Universal Laws (10) Just Three

That's it.

The three laws are a universal highest common denominator. Some people might debate about the penalties, but murder, assault and theft are crimes in every culture and religion. Even libertarians with no religion acknowledge these three crimes. We do not need politicians and parliaments to tell us that these are crimes. Everyone knows that they are wrong.

These universal laws are comprehensive, because they provide protection for life and property. That is about all that law can do. Laws can influence external behaviour, but they cannot change hearts. They cannot make people be good. The most that the law can do is provide limited protection against theft and violence. Law cannot produce good people or eliminate evil.

Most people will agree on assault, murder, theft. Some will want to include adultery on the list. However, human nature being what is, some people will argue that it is not universally wrong. Adultery cannot be included in the highest common denominator.

Universal Laws (9) Penalty for Murder

Murder is the most serious crime, so it deserves the toughest penalty. In principle, the only penalty proportional to the killing of a human is the death of the murderer. If justice were the only consideration, the death penalty would be mandatory, because no other penalty can compensate for the death of another human? No financial payment can fully compensate for a human life.

Justice understands that the parents of a murdered child might want to kill the killer. However, justice is not justice, if it is not tempered by mercy. Most people will be uncomfortable about applying a death penalty, because they have an abhorrence for taking life. They would be reluctant to kill, even a murderer. Mercy will temper judgment.

The problem with the death penalty is it does nothing for the financial dependents of the victim. It hurts the dependents of the murderer more than it hurts the murderer, so true justice is not really achieved. Payment of financial restitution to the family of the person murdered will generally be a more satisfactory penalty. This payment would have to be large enough to compensate for the loss of the life and to make up for the future earnings lost by the victim’s family. The murderer might have to mortgage his life to be able to make this restitution.

Where a murder is particularly ruthless or cruel, and there are several victims, financial restitution might not be sufficient penalty. A few murderers are so evil, that they have no future in normal society. In these situations, if there are several independent and reliable witnesses to identify the murderer with certainty, justice might require the death penalty. However, situations with independent witnesses will be very rare, because most murders are committed in private.

Universal Laws (8) Murder

Murder is wrong in every religion and every culture. Even soldiers trained for warfare can find it hard to pull the trigger when they meet their enemy face-to-face. Gangsters and thugs may seem to kill people quite casually, but they know it is wrong. Here is another simple law accepted by everyone.

You shall not murder

Murder is deliberately taking another person's life. Intention to kill is an important ingredient.

Everyone understands that accidents sometimes happen. If a person is killed by accident, it is clearly not murder. These situations are not always black and white. Someone may take a careless action that results in the death of another. He did not intend to kill the person, so he has not committed murder, but his action did cause the death of another, so he is partly responsibility.

For example, if the head flies off the axe of person chopping wood and kills someone walking by, the wood chopper is not guilty of murder. However, if the he knew that the axe head was loose and had come off several times before, the axeman would be partly responsible for the death. In these circumstance, a judge would have to decide how dangerous risky it was to use the axe and how clearly the axeman understood the risk.

If he had borrowed the axe from someone else, he may not have known that the head had flown off several times. In this case, part of the responsibility might lie with the person who owned the axe.

Universal Laws (7) Penalties for Assault

The penalty for assault must compensate the victim for any damage to their body. They criminal should provide financial compensation to their victim according to the extent of their injuries. Head injuries or the loss of an eye will require more compensation than a black eye or a broken finger.

Assault is a form of theft, because the injured person’s ability to enjoy life or earn money is stolen.

If they injury is permanent, the victim will need compensation for loss of future income. All medical expenses should be paid as well.

If a person is assaulted by someone to whom they owe money, the debt might be cancelled by way of restitution.

The financial compensation for a sexual assault will take account of the physical, emotional and spiritual harm done. Permanent emotional scars will justify extreme financial penalties. If the assault affects the woman’s prospect for marriage, the compensation should also cover this.

Universal Laws (6) Assault

The second universal law is assault.

Hitting or striking another person without their permission is a crime. Kicking, biting head-butting and punching are different forms of assault.

You shall not assault another person

Assault can also involve a variety of weapons.

• Guns;
• Knives;
• An out-of-control car that hits another person.
• A stone picked up from the side of the road and thrown deliberately at another person;
• Two men are fighting and thy crash into an innocent bystander, they are both guilty of assault.

However, if the bystander has come closer to watch the fight; they are mostly responsible for their own fate.

Rape is a particularly serious form of assault, as in addition to the physical, harm, it causes spiritual and emotional harm.

Universal Laws (5) Punishment for Theft

The penalty for stealing must ensure that the victim is fully compensated for their loss. They should get back the items that were stolen. If the stolen goods have been sold or destroyed, the victim should get sufficient money to buy a replacement. If the stolen item has been damaged, the thief should pay for any repairs that are needed. The victim should get additional money to cover the income that was lost through the theft. They should also get sufficient recompense to cover all the expenses of tracking and proving the case against the thief.

In most cases, the thief would pay three or fourfold restitution to fully compensate their victim for the inconvenience of the theft. If the goods stolen are tools and equipment used in production processes, the loss is likely to be greater, so more compensation will be required. The theft of a power tool that I need for my work will justify greater compensation than the theft of a radio of equal value that I only listen to for my entertainment.

Making three or fourfold repayment for all the goods stolen would discourage a thief from further stealing. To make restitution, the thief will often have to take out a loan at a high interest rate. The hard work needed to repay the loan will make stealing an unattractive proposition.

The level of repayment should depend on whether the level of responsibility for the damage. If two cars crash into each other after being caught by a wind gust, neither driver can be held accountable. If one driver was driving, carelessly, he should compensate the other driver for the damage, before repairing his own car. If both drivers were being careless, they should share the expense.

Universal Laws (4) Theft

In the next few posts I will describe three universal laws that everyone accepts. They are the highest common denominator for human society. The first universal law is theft.

Taking something that belongs to another person without their permission is stealing. This is something that everyone understands. Even small children get upset when another child takes their toys without permission. This is the first universal law.

You shall not steal

Stealing takes various forms.

• Breaking into a person’s house and taking things;
• Finding something that another person has lost and selling it;
• Borrowing something from another person and losing it;
• Using another person’s equipment without permission;
• Fraud
• Embezzlement;
• Breaking a contract to sell or buy something at an agreed price;
• Carelessly driving into another person’s car and robbing them of their transport;
• Driving with an insecure load that falls off and damages passing cars;
• Allowing a rubbish fire on a property to spread onto a neighbour’s backyard and destroying their garage.

Two questions help determine whether theft has occurred. Did the goods taken belong to someone else? Were the goods or service taken without their permission?

Universial Laws (3) - Penalties

The penalties for crime must have the following five characteristics.

1. Justice
The penalty must fit the crime. The severity of the punishment should match the seriousness of the crime. A serious crime must have a tougher penalty than a minor one.

2. Mercy
Mercy is sometimes more important than justice. If the person breaking a law has made a thoughtless mistake, they should be shown mercy and allowed to make a fresh start. We all make mistakes, so we all need mercy at time. Harsh punishments are not always appropriate.

3. Caution
Innocent people should not be punished. A society should be cautious when applying punishments, so that the innocent are protected.

4. Restitution
The penalty should benefit the victim of the crime. As far as is possible, the punishment should restore the victim to the situation they were in before the crime occurred. If the harm they received is permanent and cannot be restored, they should receive financial compensation to help them cope.

5. Deterrence
The punishment should also deter the criminal from breaking the law again. If the person is incorrigible, this may not be possible. However, the punishment should at least make them worse off than they were before they committed the crime. This will discourage future adventures with crime. Breaking the law should never benefit the offender.

These five elements of punishment, justice, mercy, caution, restitution and deterrence must be balanced against each other, without any one dominating the others. None of these elements is sufficient justification for punishment on its own.

Universal Laws (2) Nature

A law has two parts.

1. An action or behaviour is forbidden. Laws do not tell us what we can do. They prescribe things that we must not do. The specification of the law must be sufficiently precise that anyone can understand what actions are prohibited.
2. A penalty is prescribed for non-compliance. Those who break a law receive a negative sanction or punishment. This penalty is applied by a civil authority.

The penalty turns a moral statement into a law. Pride might be morally wrong, but there is no civil punishment for being proud, so it is not a law.

Universal Laws (1) Highest Common Denominator

Which Laws?

Every society recognizes the need for law, but laws only work if they are widely accepted. If too many people disagree with a law, it will be ignored. If people hate enough laws, they will become hostile to the law-makers. For law to function effectively, we need a set of laws that everyone accepts.

The key to the rule of law is to find the "highest common denominator" (to twist a mathematical expression). The highest common denominator is the set of laws that every one will accept, or at best not reject. The aim is to identify laws that most people will support.

Some basic laws are accepted by everyone everywhere, regardless of their religion or cultural background. These laws are universal because they seem to be rooted in human nature. We do not need someone to teach us that these things are wrong. We all know that these laws are right.

In the next few posts, I will define these universal laws.