Cecily Zamora
While Christianity has had a significant influence on Western legal traditions, and English common law in particular, it is not the sole basis for common law. Since the first settlements in British North America, Christianity and the Bible have influenced American jurisprudence, especially during the colonial era in New England's Puritan commonwealths. However, over time, church-state separationists, secularists, and rationalists have challenged the influence of Christianity on law, leading to a decline in its dominance. While Christian teachings may be woven into our everyday lives and language, common law has evolved to encompass a broader set of principles, including the fundamental notion that every human being seeks freedom and happiness, as well as the concepts of reason and logic.
| Characteristics | Values |
|---|---|
| Common law is based on fundamental principles common to all | Freedom, happiness, reason, and logic |
| Separation of church and state | Secular age |
| Common law is unique, not common | N/A |
| Common law is based on Christian teachings and a love of freedom under the law | N/A |
| Common law is influenced by Christianity | N/A |
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What You'll Learn
Secularism and rationalism
Secularism is the principle of conducting human affairs based on naturalistic considerations, separate from religion. It is often understood as the separation of religion from civil affairs and the state, with the aim of minimising the role of religion in the public sphere. Secularism can take on different forms, from the strict French model, which advocates for a state firmly distanced from all religions and non-religious philosophical convictions, to a more "humanistic" form that focuses on evidence-based policy and human welfare, treating all citizens equally regardless of their religious beliefs. People of any religious denomination can support a secular society, but secularist identity is often associated with non-religious individuals such as atheists. Secularism has ancient origins and can even be found in religious texts like the Bible, having been refined throughout history by religious thinkers.
Secular humanism, a non-theistic belief system, is a form of secularism that combines atheism, agnosticism, and humanism. It promotes a secular society by taking a critical view of faith and religion. Secular humanists derive their moral codes from philosophies such as utilitarianism, ethical naturalism, or evolutionary ethics, often advocating for a science-based morality. They affirm that with the present state of scientific knowledge, dogmatic belief in an absolutist moral or ethical system is unreasonable, instead emphasising the importance of rational moral/ethical deliberations to discover universal "objective standards".
Rationalism is closely related to secularism and scientific skepticism, promoting reason and critical thinking in all spheres. It involves a commitment to science and opposing pseudoscience. While secularists tend to focus specifically on opposing the excesses and irrationalities of faith and religion, rationalists care equally about promoting reason and critical thinking in all areas of society.
The broader rationalist movement includes subgroups with varying specialisations and passions. These subgroups include scientific skeptics, secularists, and those dedicated to specific causes such as promoting science education, science-based medicine, and the philosophy of science. While there is overlap between these groups, they are not identical, and individuals tend to gravitate towards the groups that align with their personal beliefs and interests.
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![The Common Law; Its Origin, Sources, Nature, and Development, and What the State of New York Has Done to Improve Upon It, by Charles P. Daly 1894 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Separation of church and state
The separation of church and state has been a long and ongoing process, with Christianity's influence on law being increasingly challenged by secularists, rationalists, and church-state separationists since the colonial era. Despite Christianity's dominant cultural influence historically, legal controversies involving the Bible's invocation as an authority in judicial proceedings, blasphemy laws, and Sunday mail services, for example, have signaled its waning influence in the modern, secular age.
Christianity and the Bible have undeniably had a significant influence on American jurisprudence and Western legal traditions, especially in the colonial era in New England's Puritan commonwealths. The English common law, in particular, has been shaped by Christianity's expansive influence. For instance, the Petition of Right, established in 1628 to curb Charles I's excesses, was framed by the notion that "the king must not be under man but under God and the law." This later evolved into the Bill of Rights in 1689 and inspired several significant human rights declarations worldwide.
However, the separation of church and state has led to a more secular approach to law-making and interpretation. This is evident in the landmark court decision in the case of Donoghue v. Stevenson in 1932. While the ruling on manufacturer negligence was based on Jesus' second great commandment to "love your neighbour," it was interpreted in a secular context, establishing the manufacturer's duty of care to the consumer.
In conclusion, while Christianity has historically influenced the development of common law, the separation of church and state has led to a shift towards secularism in legal matters. This shift has resulted in a decrease in the influence of religious authorities and a move towards a more secular interpretation of laws and judicial proceedings.
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Negligence law evolution
The evolution of negligence law has been influenced by various factors and landmark legal cases over time. Negligence refers to a failure to exercise appropriate care, resulting in harm caused by the violation of a duty of care. This duty of care is a central concept in negligence law, and its evolution can be traced back to the case of Donoghue v Stevenson in 1932, which laid the foundations of the modern law of negligence. This case established the duty of care and the fault principle, which have been adopted throughout the Commonwealth.
The evolution of negligence law has been influenced by the recognition of the legal liability of a defendant towards a plaintiff. This liability arises from the defendant's failure to fulfil a legally recognised responsibility or duty of care towards the plaintiff. The determination of this duty of care involves considering the foreseeability of harm that an individual's actions might cause to others or their property.
One notable evolution in negligence law is the recognition of psychiatric harm in addition to physical harm. This evolution is evident in the Australian case of Tame v State of New South Wales; Annetts v Australian Stations Pty Ltd (2002), which discussed the duty of care for psychiatric harm. This evolution has been incorporated into legislation such as the Civil Liability Act 2002 in New South Wales.
The evolution of negligence law also extends to medical negligence, with certain jurisdictions recognising a breach of duty when professionals fail to warn patients of the risks associated with medical treatments. For example, in Montgomery v Lanarkshire Health Board, the UK Supreme Court held that doctors have a duty to ensure patients are aware of material risks and alternative treatment options, emphasising informed consent.
The development of negligence law has been influenced by various factors, including social and cultural changes, as well as the interpretation of existing laws and principles. The evolution of negligence law demonstrates the dynamic nature of the legal system, which adapts to new challenges and understandings of harm and responsibility.
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Christianity's influence on Western law
Christianity has had a profound influence on the development of Western law. From the early stages of Western civilisation, through America's founding fathers, and up until the present day, the Christian foundations of rule of law have been acknowledged.
Christianity's influence on law in the West is evident in the transition from the 'rule of man' to the 'rule of law'. The 'rule of law' holds that all people and institutions in a society are equally accountable and protected by the law. This idea is said to have originated in the early Hebrew covenant with God, as found in the Pentateuch, which demonstrated a greater ethical awareness than other legal codes of the time.
In the Roman world, an emperor could do virtually whatever he wanted, and the law protected social institutions such as the patriarchal family, but it did not safeguard the basic rights of individuals. With the expansion of Christianity, this began to change. For example, in the year 390, Ambrose, bishop of Milan, responded to Roman emperor Theodosius’ slaughter of some 7,000 people by rebuking him until he repented.
Christianity's influence on law was also significant in the American colonies, especially in New England's Puritan commonwealths. Early colonial laws drew extensively from biblical sources, especially Mosaic law as interpreted within the colonists' theological traditions. Christianity contributed to an evolving constitutional tradition, which culminated in the U.S. Constitution framed in 1787. This is evident in broad principles, such as the separation of powers to check the abuse of government powers, as well as specific provisions such as the requirement that convictions for treason be supported by certain conditions.
However, in the nineteenth century and beyond, church-state separationists, secularists, and rationalists increasingly challenged the influence of Christianity on law. Disputes involving the Sunday mails, blasphemy laws, and the Bible’s invocation as authority in judicial proceedings signalled Christianity’s declining influence in an increasingly secular age.
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Christian teaching in everyday life
Christian teachings are present in many aspects of everyday life, particularly in educational contexts. David I. Smith, in his book *Everyday Christian Teaching*, explores how Christian educators can develop faith-informed insights and practices that can transform their teaching. Smith encourages Christian teachers to reflect on how their practices align with their convictions and how the biblical story must shape their teaching methods. This involves examining the intersections between faith commitments and teaching practices, such as considering the rhythms, exchanges, and engagements that occur in the classroom.
Smith's work provides a guide for Christian educators to reconcile their educational practices, which often emphasize individual achievement, with the biblical call to mutual service and community interdependence. By drawing on his extensive experience, Smith offers practical insights and narratives that inspire and equip educators to integrate their faith into their teaching.
Everyday Christian Teaching is part of a broader initiative by Calvin University and its associated institutions, such as the Kuyers Institute for Christian Teaching and Learning, to provide resources and professional development opportunities for Christian educators. These resources include training days, extended learning experiences, and individual study materials, all aimed at helping Christian teachers deepen their understanding and effectively integrate their faith into their teaching practices.
The book has received praise from various Christian educators and scholars who attest to its ability to shape their teaching practices and encourage faithful teaching in pluralistic institutions. Smith's work is described as a journey that invites reflection and action, providing wisdom and practical tools for Christian educators to navigate the intersections of faith and pedagogy in their everyday lives.
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Frequently asked questions
Common law has been influenced by Christianity, especially in the colonial era in the case of American law. However, it is not based on Christianity.
In 1928, Mrs Donoghue sued the manufacturer of a bottle of ginger beer that had a dead snail in it and made her ill. The case went to the House of Lords, where Lord Atkin referred to the liability for negligence as "you must not injure your neighbour", based on Jesus' second great commandment. This laid the foundation of the modern law of negligence.
In the 19th century and beyond, church-state separationists, secularists, and rationalists increasingly challenged the influence of Christianity on law. This was seen in controversies involving the Sunday mails, blasphemy laws, and the Bible’s invocation as authority in judicial proceedings.
