Keith Mack
The King James Version (KJV) of the Bible contains a multitude of verses pertaining to law and justice, which have influenced the development of common law in England and beyond. The KJV's teachings on love, sin, and morality have shaped the legal systems of many nations, particularly in the recognition of common-law marriages. While the Bible's laws are primarily focused on spiritual matters, they also address social conduct, commerce, and the natural world, reflecting the broad scope of their influence on legal traditions worldwide.
| Characteristics | Values |
|---|---|
| Definition | Common law is a body of customary law, based upon judicial decisions and embodied in reports of decided cases. |
| History | Common law in England was largely created after the Norman Conquest of 1066. |
| Basis | Common law is based on the premise that "all things are lawful for me, but all things are not expedient: all things are lawful for me, but all things edify not." |
| Commandments | Love thy neighbour as thyself; Love the Lord thy God; Bear ye one another's burdens; Thou shalt not owe anything to anyone but love |
| Application | Common law has directly influenced the legal system in Ireland and partially influenced Scotland. It has also evolved into the legal system in the US and most Commonwealth member states. |
| Modern Usage | In the US, common law marriage is held to be a legal marriage in a minority of states, with strict requirements for recognition. |
| Biblical References | 1 Corinthians 7:39, 8:21; Romans 12:17, 14:23; Exodus 21:10; Hebrews 13:4; Hebrews 7:16, 8:13; Genesis 24:67; Galatians 3:21; Matthew 6:13; John 10:34 |
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What You'll Learn
Common law marriage
Common-law marriage, also known as non-ceremonial marriage, occurs when two legally capable individuals agree to be married, followed by cohabitation, rather than going through a statutorily defined process. It is a legally and formally recognised marriage, despite not involving a formal wedding ceremony, marriage license, or marriage certificate.
Common-law marriage is a recognised practice in a minority of US states, where couples in such a marriage may have the same rights as those who went through a formal marriage. However, there are strict requirements governing the recognition of such unions. In Canada, while some provinces may grant couples in marriage-like relationships many of the rights and responsibilities of a marriage, they are not legally considered married. They may be defined as "unmarried spouses" and treated as married spouses in certain contexts, such as taxes and financial claims.
The term "common-law marriage" is often used incorrectly in colloquial or media contexts to describe cohabiting couples or other legally recognised relationships that are not legally recognised as marriages. These relationships may instead be referred to as "domestic partnerships", "conjugal unions", or "civil unions". In Scotland, common-law marriage does not exist, although there was a form of irregular marriage called 'marriage by cohabitation with habit and repute' until 2006.
In the context of family law, common-law marriage is a recognised form of informal marriage. While there is no statutory requirement for the length of time a couple needs to live together, certain legal documents may be required to prove a common-law marriage, and capacity to marry is also a factor to consider.
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The law and the old covenant
The Old Covenant was a bilateral agreement between God and the Israelites. It was in effect during the dispensation of the Law and was conditional on the Israelites obeying God and keeping the Law. In return, God promised to protect and bless them.
The Old Covenant is often contrasted with the New Covenant, which was made effective by the death of Jesus Christ. The Old Covenant is considered inferior to the New Covenant, which is established on better promises. The New Covenant involves a superior ministry, and God becomes the proactive and unconditional source of salvation and blessing.
The Old Covenant required repeated, daily sacrifices of animals as a reminder of the people's sin. Under the Old Covenant, only the high priest could enter the Most Holy Place where God's presence dwelt, and this could only happen once a year. The New Covenant does away with the need for animal sacrifices, as Jesus is our High Priest, and we can “draw near to God with a sincere heart and with the full assurance that faith brings".
The Old Covenant was a set of "external regulations applying until the time of the new order". Upon Jesus' death and resurrection, the external regulations gave way to an internal change of heart. The Old Covenant was fulfilled in Christ, and the reality "is found in Christ".
The Mosaic Law, which was given to Moses by God, forms the basis of the Old Covenant. It required strict obedience from the Israelites, and those who sinned were to be judged by the Law. The Law also commanded the Israelites to love the Lord their God, to walk in His ways, and to keep His commandments, statutes, and judgments. It further instructed them to teach these commandments to their children and to meditate on them day and night.
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The law and faith
The concept of law in the King James Version (KJV) of the Bible is multifaceted and complex. It encompasses not only civil and criminal law as understood in the modern context but also moral, spiritual, and religious laws.
The Bible's depiction of law is not limited to legal statutes but also includes principles of morality, social conduct, and spiritual practices. For instance, in the KJV, God commands his followers to "love the Lord thy God, to walk in his ways, and to keep his commandments and his statutes and his judgments" (3). This spiritual law is further emphasised in the New Testament, where Jesus reiterates the importance of loving God and one's neighbour (3,4,5,12).
The KJV also acknowledges the existence of civil and criminal law, as seen in the book of Exodus, where Moses establishes a system of justice and punishment for wrongdoings (7). The Bible differentiates between laws established by God and those created by human authorities. For example, in Romans 13:1-7, the Apostle Paul instructs Christians to "be subject to the governing authorities" while also recognising that ultimate allegiance belongs to God's law (6).
The Bible also discusses the relationship between law and faith. In Galatians 3:21, the Apostle Paul clarifies that the law is not against the promises of God but instead serves as a pattern upon which to build faith (13). The law, in this context, is seen as a reflection of God's character and a guide to righteous living. However, it is not a means of salvation, as stated in Hebrews 8:13, where the writer warns against relying solely on the law, which is about to "vanish away" (10).
Common law, as a legal concept, has its origins in England, particularly after the Norman Conquest of 1066 (14,15,17). It refers to a body of customary law based on judicial decisions and reports of decided cases (17). While the Bible does not directly refer to this specific legal tradition, it acknowledges the role of laws within societies and the importance of upholding just and righteous principles in personal and communal life.
In conclusion, the KJV's understanding of law transcends legal statutes, incorporating moral, spiritual, and social principles. The Bible emphasises the importance of loving God and others, viewing the law as a guide to righteous living and a reflection of God's character. While common law, as a legal system, evolved in the context of English legal traditions, the Bible's teachings on law provide a foundation for ethical and just behaviour within societies.
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The law and good and evil
The concept of law in the King James Version (KJV) of the Bible is multifaceted and goes beyond legal definitions. In the Bible, law is associated with morality, piety, and the distinction between good and evil.
The Bible differentiates between various types of laws, including physical or natural laws, municipal or civil laws, laws of nations, and divine laws. Natural laws refer to the inherent tendencies or determinations of matter, established by the Creator, and are known as the "ordinances of heaven" (9). Municipal or civil laws, on the other hand, are rules of civil conduct prescribed by the supreme power of a state (6). Laws of nations govern the mutual intercourse and relationships between nations or states (9).
Divine law, as outlined in the Bible, is a central aspect of the Christian faith. It encompasses commandments and statutes given by God, such as the Ten Commandments, which serve as a moral compass for believers. One of the fundamental commandments is to "love the Lord thy God" and to "love thy neighbour as thyself". This commandment is described as the greatest commandment, fulfilling all other laws (3,4).
The Bible also acknowledges the complexity of the law and its relationship with good and evil. In Ephesians 2:15, the discussion revolves around the abolition of certain aspects of the law. While some traditions categorize Mosaic law into civil, moral, and ceremonial laws, the Bible does not make such divisions. The law is described as a reflection of God's character, and its fulfillment is found in Christ (10,13). The apostle Paul emphasizes that the law should not be against the promises of God, highlighting the importance of faith alongside obedience to the law (13).
Additionally, the concept of law in the KJV Bible extends to legal systems and processes. Common law, a legal tradition with roots in England, has been influenced by the Bible to some extent. The English common law system, which emerged after the Norman Conquest of 1066, integrated local customs and church influence into its rules (15). While the specific influence of the KJV Bible on common law is unclear, it is worth noting that the Bible's teachings on law, morality, and justice may have had some impact on the development of legal traditions over time.
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Common law in England
The common law has historically been the foundation and prime source of English law. However, the most authoritative law is statutory legislation, which includes Acts of Parliament, regulations, and by-laws. In the absence of statutory law, the common law, with its principle of stare decisis, forms the residual source of law based on judicial decisions, customs, and usage. Common law is made by sitting judges who apply both statutory law and established principles derived from the reasoning from earlier decisions. Equity is another historic source of judge-made law.
The term "common law" has historical origins in the legal system of England, denoting the Anglo-Norman legal system that superseded Anglo-Saxon law following the Battle of Hastings in 1066. The Norman Conquest of 1066 reintroduced continental ideas, including Roman ones, to England. The first treatise on the common law of England, Tractatus de Legibus et Consuetudinibus Regni Angliae (A Treatise on the Laws and Customs of the Kingdom of England), was written between 1187 and 1189 by Ranulf Glanvil, a prominent lawyer and advisor to King Henry II. The 12th and 13th centuries saw significant developments in common law, with the Bologna revival of Roman law reaching England in the 12th century.
English common law has been described as "the unwritten law of England, administered by the King's courts, which purports to be derived from ancient usage and is embodied in the older commentaries and the reports of abridged cases". It is distinct from statute law and other systems such as ecclesiastical law and admiralty law. During the Late Medieval Period, English law was codified through judge-made laws and precedents created in the proceedings of Royal justices in the Circuit courts. The law developed in England's Court of Common Pleas and other common-law courts, influencing the legal systems of colonies settled under the Crown of England or, later, the United Kingdom.
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Frequently asked questions
The common law of England was created after the Norman Conquest of 1066. It is a body of customary law based on judicial decisions and reports of decided cases.
Common-law marriage is held to be a legal marriage in a minority of states. In states that allow it, a common-law marriage is not considered sinful as long as the law is followed.
The Bible mentions many verses about the law, including:
- "Owe no man any thing, but to love one another: for he that loveth another hath fulfilled the law."
- "All things are lawful for me, but all things are not expedient: all things are lawful for me, but all things edify not."
- "The law is about good and evil; but law itself is 'both good and evil'."
