Biblical law

Biblical law has a long and influential history in the Western tradition. Religious Jews derived law from scripture and later the Talmud. For Christians, the Hebrew Bible, or Old Testament, is relevant, but the New Testament has priority. Stemming from the sacred writings of Jews and Christians, biblical law and its interpretations are the source of continuous controversy. The meaning and function of the law in the Hebrew Bible has been the source of debate and interpretation since its inception. For Christians, differing interpretations of the law are often the dividing lines between various denominations. Religious scholars and leaders do not agree if the law in the Hebrew Bible is a fully articulated legal code or a religious system. Whatever its original meaning and intent, biblical law continues to dramatically influence people and policies in the modern world.

Background

In the Judaic tradition, the “law” is the living expression of the Covenant, a gracious gift from God to his chosen people. It is the source of identity, liberation, and tradition. The first five books of the Hebrew Bible (the Pentateuch) outline the history of the Hebrews from primeval times until the death of Moses and the entry of the Israelites into the promised land. The Torah, a term often translated as “law,” has a much broader meaning in Hebrew, implying tradition, teachings, and instruction. The Torah is a portable connection to the past that preserves Jewish identity. As they are known today, the texts are an oral history of a nomadic people collected over thousands of years.

The law is a living institution in Jewish life. Jewish tradition allows for adaptation and continuous growth. A starting point for biblical law in the Hebrew Bible is known as the Noahide Covenant, or Noahide laws, in which God established laws out for humanity to follow and assured Noah that he would never again wipe out the entire earth with a flood, famously sealing his promise with a rainbow. The covenant is an everlasting unconditional promise by God, recorded in Genesis 8:20–9:17. The biblical laws are considered the ingredients for a moral society. Under Jewish law, while Jews are responsible for adhering to all of the 613 commandments of the Torah, non-Jews are obliged to obey only the seven laws of the Noahide Covenant.

The sum of Hebraic biblical law provides a social fabric for moral and productive communal life. In the book of Exodus, the story of the Mosaic Covenant describes the God of Israel giving the Ten Commandments, or Decalogue, to the people at Mount Sinai. The Ten Commandments provide basic ethical precepts for moral order. The Exodus narrative articulates biblical laws promoting social civility, justice, and fairness. The rest of the Pentateuch articulates detailed instructions for community life.

Much of the New Testament concerns biblical law. Christian interpretations vary on the meaning and application of the law in modern life. Since the inception of Christianity, the question of Jewish law has been a highly debated issue. The place and meaning of the law in Paul’s letters is one of the most controversial topics in New Testament studies. Paul argues that Jesus came not to replace the law but to fulfill it, establishing the New Covenant. Paul’s provocative statements lead commentators in many disparate directions. In the Gospels, Jesus confronts the issue of biblical law directly. In Matthew, when asked to explain the greatest of all commandments, Jesus cites Hebrew scripture to synthesize all of the law into two: obey God (Deuteronomy 6:2) and love your neighbor as yourself (Leviticus 19:18). In John’s Gospel, Jesus offers a new commandment: love one another (John 13:34). The emphasis on love in the multitude of Jesus’s sayings is clear, but the application to law in modern society is not so tangible.

Overview

The role of biblical law in Western culture is difficult to quantify. Many contentious debates in the public sector revolve around differing interpretations and implications of Jewish and Christian scripture, and biblical law is often used by competing sides as support for their opinions. For example, certain organizations argue against intrusive government mandates to provide contraception under the banner of religious freedom, but these same organizations often use the Bible to argue against controversial issues such as same-sex marriage. Religious conservatives argue that religious freedom must also mean that no organization should be forced to violate deeply held religious beliefs.

Many opponents of applying biblical law to public policy argue that biblical laws are archaic and not relevant to modern society. Many believe the ancient texts are inherently contradictory, while proponents of biblical law argue that God’s law is consistent timeless truth. Though the First Amendment to the US Constitution legally separates church and state, biblical law is frequently at the center of policy making. Many religious conservatives contend that the United States was formed as a Christian nation and that the Bible cannot be superseded by any authority. Challengers to biblical law in US policy contend that it is not the role of the policy makers or jurors to interpret the Bible.

The increasingly pluralistic nature of American society problematizes references to biblical law in public policy. One issue at the center of this controversy is same-sex marriage. Critics of same-sex marriage argue that the sanctity of marriage is diminished by allowing same-sex couples to be wed because the Bible forbids homosexual relationships. Advocates for same-sex marriage contend that the Bible has no place in the conversation and suggest that conservative lawmakers pick and choose biblical laws for political purposes. For example, they argue that while religious conservatives seek to forbid same-sex marriage, they do not advocate for decriminalizing polygamy, which is practiced in cultures worldwide and accepted in the Bible but illegal under US law.

The controversial 2003 Ten Commandments Defense Act, H.R. 2045, sought to allow states the right to display the Ten Commandments in public buildings. Proponents pointed to references to God in the Declaration of Independence and suggested that biblical law provides a moral center for any culture. Opponents contended that the Bible cannot be used to support legal or policy decisions, suggesting that freedom of religion inherently includes a freedom from religion.

Bibliography

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