Gavin Howe
The Bible has had a significant influence on the legal systems of many countries, including the UK. While the UK does not have a written constitution, its legal system is based on common law, which has been influenced by various factors, including Christian values and biblical teachings. The role of the Church in the British Constitution is fundamental, and the Queen, as the head of the Church of England, rules under the authority of God. The Bible's impact on common law can be seen in landmark court decisions, such as the case of Donoghue v Stevenson in 1932, which established the modern law of negligence, based on Jesus' second great commandment to 'love your neighbour'. Additionally, colonial laws and customs were often based on the Bible, and even after the American colonies gained independence, their state constitutions continued to reflect a jurisprudence rooted in biblical principles.
| Characteristics | Values |
|---|---|
| The role of the Church in the British Constitution | Fundamental |
| The Crown's relationship with the Church of England | The holder of the Crown should be in communion with the Church of England |
| The Queen's authority | Derived from God |
| Jurisprudence | Based on the laws of God and the Bible |
| The law of negligence | Based on Jesus' second great commandment |
| The purpose of colonisation | To extend the Christian religion and the British Empire |
| The laws of civil government | Come from God |
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What You'll Learn
The role of the Church in the British Constitution
The Church of England and the state once shared a joint enterprise of governance, with the church carrying out many social functions now overseen by the state. The Church of England and the Church of Scotland are the two established churches in the United Kingdom, with the former having a more prominent constitutional role. The King is the "Supreme Governor" of the Church of England, while he is only an ordinary member of the Church of Scotland. Church of England Measures (laws) require parliamentary oversight, but the Church of Scotland is entirely self-governing.
The Church of England took its current form in the 1530s when King Henry VIII renounced papal authority. Until 1919, the church relied on the UK Parliament for legislation to govern its affairs. The Church of England Assembly (Powers) Act of 1919, usually referred to as the Enabling Act, granted the church a new statutory status and a large degree of self-government. This act was an important part of the solution to how the Church of England has retained substantial public prominence despite the decline in church attendance and the secularization of social life.
The presence of 26 Anglican diocesans in the House of Lords and the role of the Prime Minister in advising the monarch on church appointments have drawn attention to the relationship between the Church and the State in the UK. The Church of England's courts and the Archbishop of Canterbury's remaining legatine jurisdiction have also been mentioned as areas for potential reform. While there have been calls to review the state's relations with all religions and create a more neutral constitutional role for the Church of England, any changes must consider the future general policy of the state in religious affairs.
Successive royal marriages have highlighted the monarchy's links with the Church of England, as seen in the Royal Marriages Act 1772. The Church of Scotland's position was thought to be fixed by Parliament in 1921, but the courts have since made changes. The Church of Ireland was disestablished in 1871, and the Church in Wales was disestablished in 1920, reflecting the political and religious pressures in these regions.
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The Queen's authority derived from the Bible
The doctrine of the divine right of kings asserts that a monarch's authority is derived directly from God's will and not from any earthly power, including the church or the people. This doctrine implies that only God can judge an unjust king and that any attempt to restrict the king's powers or depose him goes against God's will and may be considered a sacrilegious act.
In England, this doctrine was developed to its most extreme during the political controversies of the 17th century, with its most famous exponent being Sir Robert Filmer. The idea of the divine right of kings was a central issue in the English Civil War, with Royalists arguing that the king's power was unlimited and derived directly from God, while Parliamentarians believed that the king's authority was limited and based on a contract between the sovereign and the people.
The frontispiece of The Great Bible (1540) depicts King Henry VIII of England receiving God's words and passing them on to the English people, illustrating the concept of the monarch as the medium through which authority flows from God. The divine right of kings is also associated with Henry VIII and the Acts of Supremacy, as well as James VI of Scotland and I of England, and their successors.
The coronation ceremony for British monarchs includes symbolism that perpetuates ancient Roman Catholic monarchical ideas. During the coronation, the king or queen is anointed with holy oils by the Archbishop of Canterbury, which ordains them to monarchy. However, the real governing authority of the monarch was significantly reduced by the Whig revolution of 1688-1689, also known as the Glorious Revolution.
While the doctrine of the divine right of kings suggests that a monarch is not subject to earthly authority, there are differing views within the theory. For instance, Aquinas argued that only the Pope, as the head of the Church, had the power to depose a morally and spiritually legitimate king. This view holds that the Church guarantees that Christian monarchs follow the laws and traditions of their ancestors, as well as the laws of God and justice.
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The Bible as a legal framework for the American colonies
The Bible has had a significant influence on the legal systems of both Britain and its former colonies, including those in America. While the British Constitution is unwritten, it is underpinned by Christianity and the role of the Church. The Queen, for example, is expected to be in communion with the Church of England, and the entire system of law and government is said to run through the "sacred and golden thread of reason".
The purposes of British colonisation were primarily to extend the Christian religion and, secondarily, to expand the British Empire. The colonial laws and customs were to conform, where appropriate, to the common law of England, which was founded on the law of nature and the Bible.
The American colonies, in preparing for self-government independent of British rule, continued the legal tradition of a jurisprudence based on the laws of God and the Bible. The Virginia Constitution, for example, acknowledged the Creator God and his laws of creation, as well as God's jurisdiction over morality and the hearts and minds of men. The Massachusetts Body of Liberties also attempted to combine the principles of Puritan theology with the colonists' rights as Englishmen to form a government based on God's divine law. This followed a biblical covenant framework, with its authority based on "humanity, civilitie, and Christianitie", and its binding nature on future generations indicated by references to "our posterity after us".
The influence of the Bible on the legal framework of the American colonies can also be seen in the case of Donoghue v Stevenson, a landmark court decision based directly on Jesus' second great commandment, which laid the foundation of the modern law of negligence.
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The influence of Puritan theology on colonial rights
Puritanism, a religious reform movement in the late 16th and 17th centuries, sought to "purify" the Church of England of Roman Catholic remnants. The movement's roots can be traced back to the English Reformation when King Henry VIII rejected papal authority and established the Church of England. Puritans believed that the Church of England retained too much Catholic liturgy and ritual. They advocated for a direct covenant with God and sought to reform the church to align with their interpretation of the Bible. This religious fervour informed their entire way of life, and they aimed to make their religious beliefs and practices the standard for the entire nation.
The Puritan movement contributed to the founding of colonies in America as they sought to establish communities that reflected their ideals. For example, Thomas Dale carried the Puritan ideal of a Holy Commonwealth to the Virginia colony, but the most notable Puritan colonies were in New England. One notable group, the Pilgrims of Plymouth Rock, migrated from England to Plymouth, New England, in 1620, seeking religious freedom.
The Puritans' influence on colonial rights in these colonies was significant. They established a congregational form of church government, with only the "elect" allowed to vote and rule. This led to the adoption of the Half-Way Covenant, which granted baptised, moral, and orthodox individuals the privileges of church membership, even if they were not part of the original elect. Puritanism promoted self-reliance, moral rigor, and political localism, shaping what became known as Americanism during the Age of Enlightenment.
Variations of the Puritan experiment were also established in Rhode Island by Roger Williams and in Pennsylvania by the Quaker William Penn. These colonies reflected the Puritan spirit of religious and moral earnestness, contributing to the development of civil and religious rights in the American colonies. The legacy of Puritanism in America extended beyond religion, influencing secular values and shaping the social and intellectual landscape of the colonies.
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Biblical influence on common law negligence rulings
The Bible, specifically the Old Testament, contains a number of laws that deal with negligence and these have had an influence on common law. For example, Exodus 21:28-32 and Exodus 21:33-34 in the Law of Moses outline the liability of an owner whose ox is known to be dangerous but fails to take action to prevent it from causing harm. This is comparable to modern laws where individuals are culpable for accidents if they are aware of a dangerous situation but do not take steps to rectify it, which can be considered gross negligence.
Deuteronomy 19:1-13 introduces the principle of negligence by comparing two homicide cases, one resulting from simple negligence and the other intentional. Both cases resulted in punishment, highlighting the importance of addressing accidental harm alongside intentional wrongdoings. This principle is reflected in modern law, where different degrees of negligence result in varying degrees of liability.
The Bible also emphasises the need to minimise accidental harm, as seen in Proverbs 14:4, which acknowledges the benefits of owning an ox while recognising the potential risks it poses. This idea of risk management is a key consideration in modern negligence law, where known risks must be addressed to avoid liability.
Additionally, the Bible outlines specific acts of negligence and their consequences, such as allowing a fire to get out of control and harm a neighbour's property (Exodus 22:6) or failing to build parapets on a flat roof to prevent people from falling (Deuteronomy 22:8). These acts of negligence can result in civil liability, a concept that remains relevant in modern legal systems.
The Mosaic Law also addressed monetary damages, including compensatory and punitive damages, which are integral aspects of modern tort law. These laws emphasised justice and the rights of the poor, values that continue to influence the civil justice system and the work of trial lawyers today.
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Frequently asked questions
British common law is influenced by Christianity and the Church of England. However, it is not solely based on the Bible.
The role of the Church in the British Constitution is significant. The monarch of the United Kingdom is also the head of the Church of England and must be in communion with the Church.
Yes, in 1932, a landmark court decision was based on Jesus' second great commandment. The case involved a manufacturer's duty of care to the consumer and laid the foundation for the modern law of negligence.
Colonial laws and customs were expected to conform to the common law of England, which was founded on the law of nature and the Bible. For example, the Massachusetts Body of Liberties and the Pennsylvania Frame of Government of 1682 were structured according to biblical covenant frameworks.
After independence, the American colonies replaced their charter documents with state constitutions. These constitutions continued the legal tradition of a jurisprudence based on the laws of God and the Bible, such as the Virginia Constitution and its Bill of Rights.
