Congress Hall Cafe
Plato: “A criminal who evade detection become a worse criminal, but one who is discovered and punished causes the brutish part to be lulled and tamed and the gentle part liberated, and the entire soul restored to a sobriety and righteousness.” 818
Vattel writes that the law of retaliation is rule that seeks to make one suffer in equal proportion to evil committed, but citing Plato who says punishment is not about punishing sin but about stopping the sin and punishment extends no further than to ensure one’s own safety. Retaliation is unjust between person and more so between nations. 459 We add, however, that God’s justice cannot be circumvented and those who commit murder receive no pity.
Plato says those furthest from reason are the furthest from law and order. 814 rep
Jesus “For out of the heart come forth evil thoughts, murders, adulteries, sexual sins, thefts, false testimony, and blasphemies.” Matt:15:19 WED
Plato via Socrates says there exists in every one of us a terrible, fierce and lawless brood of desires. 799
1 John 1:6 “If we say that we have fellowship with him and walk in the darkness, we lie, and don’t tell the truth.”
Plato via Socrates warns of those illegal desires that are awaken when the rest of the soul, the rational, gentle and dominate, slumbers, the beastly and savage, replete with food and wine, sally forth to satisfy its own instincts. All shame is over come, every foul deed enacted, and extreme folly possible. 798
Plato says that Socrates says among or appetites and pleasures there are lawless ones which can be controlled by laws and the better desires in alliance with reason.” 798.
Note: Plato through Socrates expresses a spiritual battle within each soul. When the soul fails to be awake to the dangers of a particular evil that ignorance is used against the soul to its own detriment. Darkness is an active spiriutal force driving souls to destruction by sensing that part of reason that sleeps thereby allowing criminal passion to rise and move the soul into criminal acts.
Cicero “To conclude, then, it is never expedient to do wrong, because wrong is always immoral; and it is always expedient to be good, because goodness is always moral.” b2. 65
Thomas Jefferson “The want or imperfection of the moral sense in some men, like the want or imperfection of the senses of sight and hearing in others, is no proof that it is a general characteristic of the species.” m/l 639
Hooker “For there was never sin committed, wherein a less good was not preferred before a greater, and that willfully; which cannot be done without the singular disgrace of nature, and the utter disturbance of that divine order…” 73
Paul “For there is no distinction, for all have sinned, and fall short of the glory of God/” Rom.3:23
Note: Thomas Jefferson present a principle that falls short of revelation. The ability to sin by moral imperfection is failure of all mankind.
Seneca said punishment has three objective in view. First, to reform the man punished, second, to improve other men by his example, and third, to assure greater security to the rest of the population by putting bad men out of the way. 161
God of Israel “At the hand of man, even at the hand of every man’s brother, I will require the life of man. Whoever sheds man’s blood, his blood will be shed by man, for God made man in his own image.” Gen.9:5-6
Seneca says that a man who can give life and take it away should be high-minded in using this gift of the gods. 160
John of Salisbury says that when mildness in correction does not demonstrate efficacy, the ruler is drawn to more intensely painful measures of punishment. 50
By what Authority
Luke “On one of those days, as he was teaching the people in the temple and preaching the Good News, the priests and scribes came to him with the elders. They asked him, “Tell us (Jesus): by what authority do you do these things? Or who is giving you this authority?” Luke 20:1-2
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.” Wiki
Taking the Law into One own Hands
Jesus “Don’t judge, so that you won’t be judged. For with whatever judgment you judge, you will be judged; and with whatever measure you measure, it will be measured to you.” Matt.7:1-2
Grotius “if any one, knowing his pretensions to be just, cannot produce sufficient proof to convict the intruder of injustice, he cannot lawfully have recourse to arms. because he has no ostensible right, by which he can compel the intruder to relinquish the possession. 218
Note: The saying of Jesus is a declaration declaring an end of mankind in the state of nature, and the requirement of man to be in the state of civil society. In the state of nature (without civil government) it is a right of the injured to make a judgment and execute the punishment against a person for an injury, but when civil society is established, this right of judgment and execution is passed on to chosen magistrates (police and judges.) In civil society if a person who is injured makes a judgment and executes that judgment that is if he takes the law into his own hands, a civil servant judge will give him the measure of punishment that the injured put upon his adversary. Civil society is the end of right of personal vengeance and the end of family feuds and support the immutable principle that no one should be the judge of his own case.
Pufendorf “In regard to the Law of Nature we are to consider Man, in the depraved State he has been, since the first Transgression. which cannot be fathom’d by the Help of Reason alone. From whence also it necessarily follows, that in the Science of the Law of Nature, a Man should be now consider’d, as being deprav’d in his very Nature, and upon that Account, as a Creature, subject to many vile Inclinations.” pref.duties
Note: Pufendorf like Calvin consider the transgression of man by Adam as causing the depravity of man. Some dispute the concept of total depravity of man for man has some ability to rational and righteous action. The depravity of man could be considered a concept that man no longer exits completely innocent or free from sin and falling from perfect innocence has entered a less than innocent state called depravity. A secondary way to look a depravity is that man is capable of depraved action although he may be equal to righteousness.
Jesus said to him, “‘You shall love the Lord your God with all your heart, with all your soul, and with all your mind.’ This is the first and great commandment.” Matt.22.37
Cicero “But that moral goodness which is our theme depends wholly upon the thought and attention given to it by the mind.” de.off.79
Justice is part of the Law
Sidney “There may be something of rigor in the law that in some cases may be mitigated; and the law itself does so far acknowledge it, as to refer much to the consciences of juries, and those who are appointed to assist themselves.” 449
Lovers of Truth
Cicero “This, then, is a fine saying of Plato’s: “Not only must all knowledge that is divorced from justice be called cunning rather than wisdom,” he says, “but even the courage that is prompt to face danger, if it is inspired not by public spirit, but by its own selfish purposes, should have the name of effrontery rather than of courage.” And so we demand that men who are courageous and high-souled shall at the same time be good and straightforward, lovers of truth, and foes to deception; for these qualities are the centre and soul of justice.” 63.xix.de.off
Deuteronomy 24:16 “The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers. Every man shall be put to death for his own sin.”
Grotius “…no one can give surety to suffer death for another; because no one has such power over his own life, as to take is away himself, or to be bound to forfeit it for another. Though the ancient Greeks and Romans thought otherwise, and therefore they maintain that a surety might be put to death for any one…” 206
Jesus “For out of the abundance of the heart, the mouth speaks.” Matt.12.34
John of Salisbury writes in Policraticus that when a person is moved by the stimulus of deep feeling, one cannot dissimulate, but will be inspired to express one’s passions.”
Note: In their work of public education, the victory of judges is to create an overflow of righteousness in speech and action.
Paul ” However, I wouldn’t have known sin, except through the law. For I wouldn’t have known coveting, unless the law had said, “You shall not covet.” Rom.7:7
Grotius “As to forbearance, it is an acknowledged point, that when he knows of a delinquency, which he neither forbids nor punishes, when he is both able and bound to do so, he becomes an accessory to the guilt thereof.”
Note: The social compact is a mutual agreement between members to protect every member’s life, liberty, and property. This is an active protection making every member in the compact a police officer when witnessing a crime.
Ezekiel “The soul who sins, he shall die: the son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son…” Ezekiel 18:20
Grotius “So a father is not answerable for the misconduct of his children, master for that of is servants, nor a ruler for the acts of those under him, unless there appears in any of these some connivance, or encouragement in promoting that misconduct, or those acts.” 200
Paul “For I delight in God’s law after the inward man, but I see a different law in my members, warring against the law of my mind, and bringing me into captivity under the law of sin which is in my members. What a wretched man I am! Who will deliver me out of the body of this death? I thank God through Jesus Christ, our Lord! So then with the mind, I myself serve God’s law, but with the flesh, the sin’s law.” Romans 7:22-25
Socrates says that injustice is a civil war between reason, high spirit, and the appetitive; when these parts of the soul meddle and interfere with each others functions it is a revolt of one part against the whole of the soul and therein holding a rule that does not belong to it. This confusion of three principles or parts of the soul and the straying of their proper course is injustice and licentiousness and cowardice and brutish ignorance and in general, all turpitude. 686
Note: The first work of judge in the community is crime prevention. This begins by the work of the law which is cicumcising or engraving upon the tables of the heart the law of God. Having such righteous convictions of God’s law allows the conscience to act upon its understanding and convictions against irregular passion and appetities of the flesh, and this brinngs and end to the internal revolt of appetite over reason.
God of Israel “You shall not misuse the name of the Lord your God, for the Lord will not hold anyone guiltless who misuses his name.” Exodus 20:7
Hebrew 4:12 “For the word of God is living, and active, and sharper than any two-edged sword, and piercing even to the dividing of soul and spirit, of both joints and marrow, and is able to discern the thoughts and intentions of the heart.”
Grotius “From the third commandment we deduce his knowledge of all man transactions, even of our very thoughts; an omniscience upon which the obligation and sanctity of oaths is founded. For God is a witness even of the secret designs of the heart, so that every solemn oath is an appeal to his justice and his power, for the vindication of truth, and the punishment of falsehood.” 195
Proverb 3:3 “Don’t let kindness and truth forsake you. Bind them around your neck. Write them on the tablet of your heart.”
Socrates says the soul will thirst and at the same time refuse to drink. He says it is a fact that that which inhibits certain actions of the soul arise form calculations of reason, while impulses of affections will draw and drag the soul into irrational acts. He claims that they are two and different operations in the soul: reckoning, reasoning and the rational versus desire, hunger, thirst, the irrational and appetitive. On occasion desire will compel a soul contrary to reason. Such a person may get angry with the desire that has mastered him and realign himself with reason, but when the soul makes common cause with desire, reason whispers, “Thou shall not….” Can reason be strengthened against passion? Yes. This is the work of the the atonement, and the work of the law in God’s mandate to be circumcised, that is, to engrave with deeper impressions God’s law upon the tablet of the heart. These deeper impression will allow the tribunal of the soul, the conscience, to read divine etchings over the tumult of irregular passions and desire, and upon the calculations of reason allow the soul to overcome the sins of the heart by the firm conviction of a personal duty toward others. This is how the rational overcomes the irrational. (681)
Pufendorf “The Understanding of Man, when it is rightly instructed concerning that which is to be done or omitted, and this so, as that he is able to give certain and undoubted Reasons for his Opinions, is wont to be call’d Conscience rightly informed.” chp1.v
Paul “… for all have sinned, and fall short of the glory of God…” Romans 3:23
John Adams “If we should extend our candor so far as to own, that the majority of men are generally under the dominion of benevolence and good intentions, yet, it must be confessed, that a vast majority frequently transgress…”
Note: The Lord’s church is government and His religion is justice.
Paul “No temptation has taken you except what is common to man. God is faithful, who will not allow you to be tempted above what you are able, but will with the temptation also make the way of escape, that you may be able to endure it.” 1 Corinthians 10:13
Marcus Aurelius “…for the gods will not involve thee in evil…they have put all the means in man’s power to enable him not to fall into real evils. …that is should be altogether in a man’s power not to fall into it…” 202 org
Aforethought versus Impluse
Cicero “But in any case of injustice it makes a vast deal of difference whether the wrong is done as a result of some impulse of passion, which is usually brief and transient, or whether it is committed willfully and with premeditation; for offenses that come through some sudden impulse are less culpable than those committed designedly and with malice aforethought.” deoff.27.viii
Marcus Aurelius “Theophrastus says..that the offenses which are committed through desire are more blamable than the offenses which are committed through anger. For he who is excited by anger seems to turn away from reason with a certain pain and unconscious contraction; but he who offends though desire, being overpowered by pleasure, seems to be in a manner more intemperate…” 201
John “Now very early in the morning, he came again into the temple, and all the people came to him. He sat down, and taught them. The scribes and the Pharisees brought a woman taken in adultery. Having set her in the middle, they told him, “Teacher, we found this woman in adultery, in the very act. Now in our law, Moses commanded us to stone such women. What then do you say about her?” They said this testing him, that they might have something to accuse him of…” Jn.8:2-11
But Jesus stooped down, and wrote on the ground with his finger. But when they continued asking him, he looked up and said to them, “He who is without sin among you, let him throw the first stone at her.” Again he stooped down, and with his finger wrote on the ground.
They, when they heard it, being convicted by their conscience, went out one by one, beginning from the oldest, even to the last. Jesus was left alone with the woman where she was, in the middle. Jesus, standing up, saw her and said, “Woman, where are your accusers? Did no one condemn you?”
She said, “No one, Lord.”
Jesus said, “Neither do I condemn you. Go your way. From now on, sin no more.”
Note: The scribes and the Pharisees brought to Jesus a woman caught in adultery. They asked Jesus to give a verdict according to the law of Moses. Jesus give a two part verdict, against the woman and against the actual trial. The verdict Jesus gave against the adulterous woman was the death penalty according to the law of Moses,”let him throw the first stone at her.” The second verdict was against the actual trial proceedings ” He who is without sin among you.” The sin that Jesus was blaming them for was the violation of due process according to the law of Moses which required an offender be brought to a Judge, a right to require two witness for a capital offense, the obligation of a judge to secure evidence, and not to mention the lack of an offending party – the married man who shared the blame of the crime. Jesus justly declared the woman worthy of stoning, but knowing the process of justice had failed, Jesus called a mistrial when he said “Neither do I condemn you. Go your way. From now on, sin no more.”
Honor You Father and Mother
Deuteronomy: 21;18-21″ If a man has a stubborn and rebellious son, who will not obey the voice of his father or the voice of his mother, and though they chasten him, will not listen to them; then his father and his mother shall take hold of him and bring him out to the elders of his city, and to the gate of his place. They shall tell the elders of his city, “This our son is stubborn and rebellious. He will not obey our voice. He is a glutton and a drunkard.” All the men of his city shall stone him to death with stones. So you shall remove the evil from among you. All Israel shall hear, and fear.”
Plato writes say parents are to be honored while living. It is religion that demands the due discharge of man’s first and most burdensome debt, a sacred obligation, to those who have him birth and raised them in mind, body, and soul. A debt that should be with great care paid in full. A man should observe reverence of tongue toward both mother and father, and for light and winged speech shall bring heavy doom.”
Note: This death penalty for a rebellious son is a case law. It is not mandatory law but a law of rescue and necessity to the family and society. There are cases when a son or daughter will exhibit a spirit of rebellion toward family authority in such a manner as to be threatening with physical and verbal assaults that paralyze the functions and duties of the family.
Paul “No temptation has taken you except what is common to man. God is faithful, who will not allow you to be tempted above what you are able, but will with the temptation also make the way of escape, that you may be able to endure it.” 1 Corinthians 10.13
Pufendorf “It is also of great Consideration, whether the Mind be in a quiet and placid State, or whether it be affected with those peculiar Motions we call the Passions. Of these it is to be known, that how violent soever they are, a Man with the right Use of his Reason may yet conquer them, or at least contain them so far within Bounds, as to hinder them from producing those Actions they prompt Men to do.”
Exodus 22:1 “If a man steals an ox or a sheep, and kills it, or sells it; he shall pay five oxen for an ox, and four sheep for a sheep.”
Grotius “For this is at variance with the most perfect laws, which in cases of theft sometimes require fourfold, and sometimes fivefold restitution to be made.”
Plato says that laws should begin with a preamble. I agree. The preamble would be the best place not only to give the intent and reason for the law, but also to offer definitions to specific words that are used in the body of the text. Of course, some states in the American Union already do this. For example, I would circumscribe the word “vehicle” to give the intent of the legislature to the following statute.
Preamble – Park Act of 2014 Intent: The purpose this act is to remove the threat of injury by moving vehicles to those who are within the limits of the city park. Definitions: Vehicle means any motor bike, motorcycle, car, or truck of any size. Vehicles are not roller skates, baby carriages, or child’s electric cars of any size under 5 mph.
Statute– Park Act of 2014: There would be no vehicles allowed in the park except emergency transport and official government vehicles.
Paul “For though we walk in the flesh, we don’t wage war according to the flesh; for the weapons of our warfare are not of the flesh, but mighty before God to the throwing down of strongholds, throwing down imaginations and every high thing that is exalted against the knowledge of God, and bringing every thought into captivity to the obedience of Christ; and being in readiness to avenge all disobedience, when your obedience will be made full.” 2 Corinthians 10:3-6
Cicero writes, “… from the world of sense to the world of spirit, find that beauty, consistency, order are far more to be maintained in thought and deed, and the same Nature and Reason are careful to do nothing in an improper or unmanly fashion, and in every thought and deed to do or think nothing capriciously. It is from these elements that is forged and fashioned that moral goodness …” cic/deoff/b`/14.iv
Marcus Aurelius Antoninus “From my mother, piety and beneficence, and abstinence, not only from evil deeds, but even from evil thoughts.” 193
Note: In the jurisprudence of criminal justice, the judge riding his circuit in the work of crime prevention investigates through discipleship the thoughts and attitudes of the heart of his flock (Heb.4.11) according to willing confessions, thereby exposing those thoughts (Matt. 15.19) which endanger the soul.
In Book of Exodus 22:9 (NASB) “For every breach of trust …. the case of both parties shall come before the judges (gods)…” Judges in the Hebrew is Elohim and is translated as God or gods or judges. According to Scripture, criminal cases are to brought before the gods. Phadamanthus says a judge’s work should not be entrusted to any mere man but only to gods. George Buchanan in the ‘The Right of the Crown In Scotland’ writes, “God himself honours the tribe of judges so far as to call them, not only kings, but even gods…”A complaint filed for redress is a request to the judge or god to give what the claimant is praying for. Psalm 82.1 says, “God presides in the great assembly. He judges among the gods.” Blackstone says judges in disposition of the law are living oracles. Rev. Samuel Rutherford in ‘Lex Rex’ writes that those who judge in the room of God, and exercise the judgment of God, are essentially judges and deputies of God, and judges get their authority not from the the king (or even from the people) but from God Himself. Rutherford writes also, “All are equally called gods, if for any cause, but because all judges, even inferior, are the immediate deputies of the King of Kings, and their sentence in judgment as the sentence of the Judge of all the earth.” Sidney writes, “He therefore is only the minister of God, who is not a terror to good works, but to evil; who executes wrath upon those that do evil, and is a praise to those that do well.” Socrates compares the character of a physician to that of a judge. He says a physician can be ill and by his discovery of medicine, be healed. This makes a good physician, but this principle fails for a judge. A judge should not be born with criminal tendencies, and when discovering the law, be allowed to adjudicate the law, but a judge must be born with a soul that is innately just, and by having such a soul, he is qualified to be a judge.
Grotius “…where reproof operates upon an offender, as a means of correction and amendment, or where the injured party is satisfied with an acknowledgement of the offense, the occasion for punishment is done away.” 183
Jesus “That servant, who knew his lord’s will, and didn’t prepare, nor do what he wanted, will be beaten with many stripes, but he who didn’t know, and did things worthy of stripes, will be beaten with few stripes.” Luke 12:47-48
Hebrews 12:26 “For if we sin willfully after we have received the knowledge of the truth, there remains no more a sacrifice for sins.”
Note: Then work of punishment is fear of God and State causing a barrier within the soul against criminal passions. The sensible can be corrected by verbal correction, the insensible by a rebuke, and the fool by scourging (Proverbs 19:29). The mercy of Jesus is a lesser sentence by those who act out of ignorance, and the Book of Hebrews says that after receiving the needed knowledge, the guilty who continue in sin there is no mercy and full punishment is applied which Jesus also declares.
Grotius: “As then in matters of civil law, ignorance is deemed an excuse, so with respect to the law of nature, where ever infirmity of understanding forms an invincible obstruction to the knowledge of its rules, such infirmity may be alleged as a vindication.” 194
Sidney “I am inclined to believe, that the same rule, which obliges us to yield obedience to the good magistrate who is the minister of God, and assure us that in obeying him we obey God, does equally oblige us not to obey those who make themselves the ministers of the Devil, lest in obeying them we obey the Devil, whose works they do.” 372
Hugo Grotius writes,“…if the right of inflicting capital punishments were abolished, and princes were deprived for the power of the sword to protect their subjects against the violence of murderers and robbers, wickedness would triumphantly prevail, and the world would be deluged with crimes…” Is Grotius correct? If we believe in the Jewish record then the answer is a resounding yes. In the Book of Genesis we have our first recorded murder when Cain killed Abel. Cain did not receive the death punishment but was banished form Eden. From Adam to Noah, just a little over a thousand years, violence had already filled the whole earth. Grotius writes of this time, “But as before the deluge, in the time of the Giants, the practice of frequent and wanton murders had prevailed.” The speed at which unchecked and unpunished crime capitalized into a global disorder requiring extreme measures explains God’s institution of the death penalty to Noah, who survived the flood. There are several principles involved in capital punishment – the primary is crime prevention. John Locke writes, “Each transgression may be punished to that degree, and with so much severity as will suffice to make it an ill bargain to the offender, give him cause to repent, and terrify others from doing the like.” William Blackstone agrees in his Commentaries writing, “…punishments are chiefly intended for the prevention of future crimes, it is but reasonable that among crimes of different natures those should be most severely punished, which are among the most destructive to the public safety and happiness.” Plato in his Laws continues to give support, “The purpose of the penalty is not to cancel the crime…but to bring the criminal and all who witness his punishment in the future to complete renunciation of such criminality…” Additionally, Locke explains that men without government existed in the state of nature and by the law of nature had a right or necessity to avenge crime in order to terrify others from doing it, but when men left the state of nature and entered into civil society by the creation civil government, this right of vengeance was surrender to a civil magistrate, who was to secured to all members their life, liberty and protection. This is the foundation of the social compact and to bind the hands of instituted public authority from exacting just punishment is to break the social contact and place its members back into the state of nature were vengeance is the law of the land.
“France has a similar crime rate to most other European countries and in common with them crime has increased considerably in recent years; the number of reported crimes has almost doubled in a decade: an estimated 18 million offences are reported to the police each year, 5 million of which result in an official crime report and 1.3 million in legal procedings…
Stiffer (prison sentence) sentences have failed to stem the spiralling crime rate, and prisons are bursting at the seams with almost 60,000 inmates (around 95 per cent of them men) – nearly 12,000 more than their official capacity, some housing almost twice as many prisoners as they were designed for, although 28 new prisons are due to open by 2007″
1. Stiffer prison sentences is not the answer. Prisons are already filled past capacity.
2. Prisons for career criminals is a lifestyle not a punishment paid by the tax payers
3. Prison does not invoke fear of God or fear of the State which is required to solicit the response of self preservation. The desire to live is the greatest barrier to the act of murder because the threat of death evokes self preservation and for the vast majority this is enough.
4. Those who’s passions overcome self preservation and who commit murder when punished in a public forum (dt 22:24) sends a message to others causing a reduction in crime.
Deuteronomy 24:16 “The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers. Every man shall be put to death for his own sin. “
Locke writes the miscarriages of the father are no faults of the children, and the father by his miscarriages and violence, can forfeit but his own life, but involves not his children in his guilt or destruction. 181
Deuteronomy 17:5 “…then you shall bring out that man or that woman, who has done this evil thing, to your gates, even that same man or woman; and you shall stone them to death with stones.”
Grotius says that punishment of offender prevents recurrence of the same injury from that offender, or from others. Reformation is produced by punishment that is open and conspicuous, which operates as an example, that it may deter other from the commission of the same crimes.
The Right to an Appeal
Deuteronomy 17. 8-9 “If there arises a matter too hard for you in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within your gates; then you shall arise, and go up to the place which Yahweh your God chooses. You shall come to the priests who are Levites, and to the judge who shall be in those days. You shall inquire, and they shall give you the verdict.”
Notes: Dt 17.8-9 recognizes appealing a difficult case from a lower court to a higher court. Appeals are a common law principle as a matter of ensuring justice and is part of the process of ordered liberty. This principle is incorporated into our constitutions.
Henry I law “If shall be possible to challenge an unjust judgment by making objection to it on appeal to a judge of higher standing and wisdom, especially if this is asserted at the time the judgment is pronounced.”
Fl Constitution Article V, Section 4-b-1
“District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts…
“The (Florida) constitution gives litigants the right of to one appeal from initial judicial action” (Seminole Board of County Commissioners v. Long 1982 pg237)
US Constitution Article III S.2
“…In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction…”
James “To him therefore who knows to do good, and doesn’t do it, to him it is sin.” James 4:17
McClain “Criminal Law” writes, “carelessness or negligence (leading to injury) which is criminally punishable is the omission of some duty.
(Law Enforcement Principles of Deuteronomy 17:8-9)
Deuteronomy 17:18-20 “It shall be, when he sits on the throne of his kingdom, that he shall write himself a copy of this law in a book, out of that which is before the priests the Levites. It shall be with him, and he shall read from it all the days of his life; that he may learn to fear Yahweh his God, to keep all the words of this law and these statutes, to do them: that his heart not be lifted up above his brothers, and that he not turn aside from the commandment, to the right hand, or to the left..”
0. When he sits on the throne of his Kingdom – Principle: The throne of the Kingdom is the seat of the executive branch of government beginning with the President or Governor and ending with the petty officers. They are trained guardians of the law, and being certified by such training, theses public servants take their seat in the executive department for law enforcement.
1. The king is to write a copy of the law – Principle: Law enforcement officers are to be fully knowledgeable in all the laws of the community. Writing a copy of the law is a form of publication and inculcation.
2.The king has a copy of the law with him at all times – Principle: Law enforcement officers are to be guided by the written law and not by personal sentiments or passions even in difficult situations; additionally, justices of the peace as part of law enforcement are to judge facts against the code and not according to foreign doctrine.
3. The king is to fear the Lord – Principle: Executive officers are under law. The fear of God is the fear of knowing the punishments that God ordains for violating the law.
4. The king is to keep the law and statutes and to do them – Principle: Law enforcement officers are to be guardians of the law by actively enforcing the law within the community even against oneself and fellow officers.
5. The king is not to lift his heart above his brothers – Principle: Executive civil magistrates from king (governor) to petty officers are not to think of themselves as above the law. They are not masters over slaves but public servants.
Rev. Samuel Rutherford (1644): “Because royal empire (civil authority) is essentially to feed, rule, defend, and to govern in peace and godliness” pg64.2 Lex Rex
6. The king is not to turn aside form the commandment, right or left – Principle: Law enforcement officers when using personal digression will find freedom only within the metes and bounds of the law.
Rutherford (1644) :”The king has no proper, masterly, or lordly dominion over his subjects, his dominion is rather fiduciary and ministerial, than masterly.” pg64.3 Lex Rex
John “Whoever hates his brother is a murderer, and you know that no murderer has eternal life remaining in him.” 1 John 3.15
Alexander Hamilton “That it is a general rule of criminal law that the intent constitutes the crime…” pg1006
Henry I law 5.28b says that no one is guilty unless he has guilty intentions.
Due Process of God’s law
The Word of God requires a national constituted authority by agreement of the people and at least by a majority (Ex.19:8), magistrates are under law and not a law unto themselves (Dt. 17:19), the right of election (Dt.1:13), the right to a public trial (Dt.17:5), the right to an appeal (Dt.17:8-9), the right to a impartial judge (Lev.19:15), the right to present evidence (Ex.22:13), right to a fair trial (Ex.20:16), the right to require two witnesses for the death penalty (Dt.17:6), right to restitution for theft (Ex.22.1), right to civil vengeance for a murder (Num. 35.16), right to the protection of marriage (Ex.20:14), family protection of against incest (Dt 27:22), tort laws (Ex.21:29), free and open debate (Ex.32:9-14), and protection of personal liberty (Ex.21:16).
Good and Evil
Sidney “…wisdom always distinguishing good from evil, and being seen only in the rectitude of that distinction, in following and adhering to the good, rejecting that which is evil.” pg283
A definition of good and evil is a requirement of society, even for criminal jurisprudence. Without this definition, justice can not be instituted, maintained or understood. And since all men exist in a state of equality, common sense says that no one man can dictate to all other men as to what is right or what is wrong, only the voice of a highest Authority can make such a determination, only God can speak of justice by defining right and wrong. His definition establishes our inalienable rights and our mutual obligations, our liberty and our restrictions. A unified society based on equality can only find concord and harmony upon the universal agreement of a Higher Law. In society of equals, the Creator Himself is the fountain of justice all must drink. Without this divine compass the temptation to form society upon the passions of individual’s is overwhelming and certain, for example, Sparta and the Iroquois Indians. Also, God’s judgements are framed around His response to sin, and no other rule can sufficiently guide mankind blamelessly in the operation of the courts and public councils or in that of personal righteousness.
The conscience is the tribunal of the soul and the judgment seat of reason and a just response to sin is the work of a good conscience responding to the violations of pure nature from the original creation. To be sons of God requires making just judgments concerning sin, and a proper response can only come from the spark of divinity responding to the engravings of God’s law emanating from the soul. By restoring the image and likeness of God by the work of the law which is circumcision and by the Holy Spirit, we illuminate to the conscience the internal law of God which is the law of love, and in love , we remove the penalties of the written code through the eternal nature of God.
Socrates says we find a mob of diversity of immoderate appetites and pleasures in the uneducated and undisciplined, but simple and moderate appetites guided and controlled by the aid of reason and right opinion in those who are well educated and thriving in good family circumstances. 673
Sidney ” Tis also hard to imagine how any man can be called barbarous and wicked, if he be obliged by no law but that of his own pleasure… it is a breach of the law which determines what is right.” pg284
The danger with atheism is that man is considered a law unto himself, and without recognizing a higher law, they fail to instituted an effective barrier against misguided impulses. Their supreme law is a right of personal choice over personal feelings, and since all feelings are natural, all physical pleasure is a free choice. This is a deception that leads to destruction by divine judgment, and by a God who created good and evil, and Who, by placing those two choices in the soul of man, qualifies those souls worthy or unworthy of life everlasting based on their choice and the deeds that result from them. In the Fisher’s net is the harvest determined. Choose evil and perish! Choose justice and live! If a religion or doctrine is sound, honest, and true it must declare an inequality of thought and feelings, and it must lead toward salvation according to the terms dictated by the Creator who is the expression of eternal truth. It is the work of religion to point out those thoughts and desires that will descend the soul into depravity and to speak of redemption by repentance. Repentance requires true guides posts that are clearly marked out and there is no doubt about God’s revelation to Moses and the Apostles are given as a divine compass.
The irreligious are in the vanguard to dispose of any law, custom or opinion that limits man’s right to his lust and passion, and by shattering the two tablets of divine law, they annul every good law established for the benefit of the community; even the restraints of customs established by nobler men are undone. Without God’s law etched upon the heart, which is the place of rebellion, there is no way to arrest the temptations of the Evil One. Without the operation of the innate moral sense, the human soul will readily submits to the voice of depraved spirits.
Plato’s Republic “For if you (Socrates) spoke of the value of justice from the beginning and from our youth forward and worked to convince us of justice, we should not now be protecting ourselves against one another’s injustice, but each would be his own best guardian…” pg613 rg
A nation cannot endure without moral disciple. The need for moral discipline can be seen in the history of Rome and in their cataclysmic tumble into national depravity. At one time, the chaste and temperate citizens of Rome not not only had the character to overthrew the tyranny of Tarquin the Proud but also the wisdom to establish a great republic. However, when Rome grew in wealth and opulence, they became lax in moral discipline and falling into complacency, they slipped into licentiousness. Exchanging riches for virtue, the Romans lost the zeal of their religion, the worship of their gods and the desire to inculcate the wisdom of the ages, and in consequence, they lost the spiritual capacity to limit excess, to fend of the spirit of faction. Once corrupted, their moral decline became unstoppable. The result was that they lost their liberty and republic to a military dictatorship, and the Roman people, immoral and servile, could never recover. The lesson of Rome is that moral disciple which is the work of religion is necessary in order to maintain a free republic. George Washington state’s in his Farewell Address ““Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.” “It is substantially true that virtue or morality is a necessary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric?” The Massachusetts Constitution 1780 states, “As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion and morality” As the enemies of freedom are allowed to dismantle the science of morality or America’s founding religion, Christianity, the farther as a nation we will fall into anarchy and when thoroughly corrupted, tyranny and despotism will enslave all. If the sovereign, the people, are corrupt the very foundation of society is ruined and nothing but tyranny can control the unruly masses.
Jesus in Matthew 7:1-2: “Don’t judge, so that you won’t be judged. For with whatever judgment you judge, you will be judged; and with whatever measure you measure, it will be measured to you.”
Locke “To this strange Doctrine, viz. That in the State of Nature, every one has the Executive Power of the Law of Nature, I doubt not but it will be objected, That it is unreasonable for Men to be Judges in their own Cases, that Self-love will make Men partial to themselves and their Friends. And on the other side, that Ill Nature, Passion and Revenge will carry them too far in punishing others. And hence nothing but Confusion and Disorder will follow, and that therefore God hath certainly appointed Government to restrain the partiality and violence of Men.”
Note: Jesus when he says “Judge not” is removing us from a State of Nature where every individual has a right to enforce the law and to punished wrong doing to civil society were that power is transferred to civil magistrates. Executive and Judicial proceedings in the State of Nature by those are in a conflict take the law into their own hands thus violating the principle that no man should be the judge and executioner of their own case.
“God has retained for Himself vengeance for crimes and enjoins mercy..” Mirror 134
Deuteronomy 19:18-19 “and the judges shall make diligent inquisition: and, behold, if the witness is a false witness, and has testified falsely against his brother; then you shall do to him as he had thought to do to his brother. So you shall remove the evil from among you”.
Mirror “Such is a case also of those who are homicides in will, who appeal or indict an innocent man of a mortal crime and do not prove their appeals or their assertions: and such were formerly adjudged to death.” pg 13
Legitimacy of Punishment
Paul “No temptation has taken you except what is common to man. God is faithful, who will not allow you to be tempted above what you are able, but will with the temptation also make the way of escape, that you may be able to endure it.” 1 Corinthians 10:13
When one uses the word Scripture we mean the Old and New Testament, and therefore the God I am referring to is the God of Bible. Hugo Grotius says in “The Whole Duty of Man According to the Law of Nature” that the law of this God (in Scripture) is not repugnant to human reasoning, and we can extend this to say that since everyman shares in this spark of divinity called reason all are held accountable for their actions according to the standard of God’s law – no matter the religion, faith, or creed. Additionally, Thomas Jefferson says that all men by reason can determine right and wrong; however, Jefferson warns that bad doctrine can twist reason and corrupt it, and this warning by Thomas Jefferson is the same warning that the New Testament gives when its says “…watch your life and your doctrine…you could save yourself and your hearers.” Therefore, God’s law, being a support to right reason, can not bend to any doctrine that is not reasonable. However, the good news of the gospels according to the Apostle Paul is that God is working to restore reason to its original innocence. This process is called the atonement. When Paul speaks of the end of the law, even the end of God’s law, he is referring to the restoration of man to his original design, to the law of innocence. Crime is the violation of reason, and by restoring man to the likeness and image of God, the soul becomes incapable of committing crimes because the soul exists through a healed conscience responding to divine impulse. In summery, the law of God and its punishments are for the unreasonable who violate reason are are corrupt while the punishment of the law is of no value to the reasonable who are naturally obedient to natural justice that emanates from the perfect law of God.
Thomas Jefferson ” The moral sense, or conscience, is as much a part of man as his leg or arm. it is given to all human beings in a stronger or a weaker degree, as force of members is given them in a greater or less degree…..This sense is submitted, indeed, in some degree, to the guidance of reason; but it is a small stock which is required for this: even a less one than what we call common sense.. State a moral case to a ploughman and a professor,. The former will decided is as well, and often better than the latter, because h has not been led astray by artificial rules. “
Pufendorf “Those Human Actions then which proceed from, and are directed by the Understanding and the Will, have particularly this natural Propriety, * that they may be imputed to the Doer; that is, that a Man may justly be said to be the Author of them, and be oblig’d to render an Account of such his Doing; and the Consequences thereof, whether good or bad, are chargeable upon him. For there can be no truer Reason why any Action should be imputable to a Man, than that he did it either mediately or immediately knowingly and willingly; or that it was in his Power to have done the same or to have let it alone. Hence it obtains as the prime Axiom in Matters of Morality which are liable to the Human Forum: That every Man is accountable for all such Actions, the Performance or Omission of which were in his own Choice. Or, which is tantamount, That every Action that lies within a Man’s Power to perform or omit, is chargeable upon him who might or might not have done it. So on the contrary, no Man can be reputed the Author of that Action, which neither in it self nor in its cause, was in his Power.” XVIII
John of Salisbury writes that every person subservient to reason carries in his heart a book of knowledge with written things visible and things invisible which the Author of life wrote with his finger. It is the truth that God’s dictates are known by nature or by grace that none are excused on account of ignorance.” 16 pol
Pufendorf “But as Man is accounted to be the Author of his own Actions, because they are voluntarily undertaken by himself: So this is chiefly to be observ’d concerning the Will, to wit, that its Spontaneity, or natural Freedom, is at least to be asserted in those Actions, concerning which a Man is wont to give an Account before any human Tribunal.” puf/duties/10
Ezekiel “The soul who sins, he shall die. The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son. The righteousness of the righteous shall be on him, and the wickedness of the wicked shall be on him.” Ez.18:20
Pufendorf “Those Human Actions then which proceed from, and are directed by the Understanding and the Will, have particularly this natural Propriety, * that they may be imputed to the Doer; that is, that a Man may justly be said to be the Author of them, and be oblig’d to render an Account of such his Doing; and the Consequences thereof, whether good or bad, are chargeable upon him.” B1.xvii
Note: Crime is an action that violates the man’s moral sense, a sense that is given by God to all his creatures. When any man commits a crime it is clearly understood by his conscience that he is committing a wrong. His conscience tells him of his wrong doing. That is why all men are held accountable for for their actions and be punished for violating their conscience.
Removing revenge from punishment
Jesus said to him, “I don’t tell you until seven times, but, until seventy times seven.”Matthew 18:22
Thucydides writes that when they want revenge on others, people are determined first to destroy without a trace the laws that commonly govern such matters, though it is only because of these that anyone in trouble can hope to be saved, even though anyone might be in danger someday and stand in need of such laws.” 93
Cicero “We should take care also that the punishment shall not be out of proportion to the offence, and that some shall not be chastised for the same fault for which others are not even called to account. In administering punishment it is above all necessary to allow no trace of anger. For if any one proceeds in a passion to inflict punishment, he will never observe that happy mean which lies between excess and defect. This doctrine of the mean is approved by the Peripatetics and wisely approved, if only they did not speak in praise of anger and tell us that it is a gift bestowed on us by Nature for a good purpose. But, in reality, anger is in every circumstance to be eradicated; and it is to be desired that they who administer the government should be like the laws, which are led to inflict punishment not by wrath but by justice.” 89
Grotius ” Those kinds of corrections that leave neither any mark of infamy, nor any permanent injury, but are suited to the age, or other circumstances of the suffers…For the infliction of punishment, only to gratify resentment, so far from being conformable to the Gospel, has been shown above to be repugnant even to the law of nature.” 178
Grotius disagrees with the principle that the pain of an enemy is a remedy to a wounded spirit or that pain of the injured is mitigated by the punishment of the adversary (173). This would be punishment in the spirit of revenge. Locke in his Second Treatise recognized another punishment, a chastisement in order to bring repentance to the wrong doer so there will be no more victims. In summery, Justice causes punishment to bring repentance while revenge is to seek personal satisfaction. Jesus seeks to remove the spirit of revenge from criminal justice though forgiveness without removing chastisement for repentance See Luke 12:47-48.
Grotius “To inflict punishment by way of retaliation was disapproved of even by the those for the Jews, who were distinguished for their worth and wisdom.” 178
Civil and Military Sword
Abraham defeated several kings to save Lot. Joshua and the Israeli army was guided by the Captain of Host in defeating Jericho and other cities of Canaan. Moses led Israel to defeat the Amalekites. The God of Israel called Saul to destroy Israel’s enemies. Jesus declared in Matthew, “Put your sword back into its place, for all those who take the sword will die by the sword. Or do you think that I couldn’t ask my Father, and he would even now send me more than twelve legions of angels?” Jesus himself has access to a large military. There are two swords of State, the military sword and the civil sword. The use of either sword is required when dealing with violations of law, local and international. When violations of law cease then the sword may be put down, but until then, justice requires physical enforcement.
Paul “But when we are judged, we are punished by the Lord, that we may not be condemned with the world.” 1 Corinthians11:32
Hebrews 12:6 “For whom the Lord loves, he chastens,and scourges every son whom he receives.”
Socrates “…we..must declare that what God did was righteous and good, and they were benefited by their chastisement.” 627.
Note: Socrates challenges Aeschylus who says,” A god implants the guilty cause in men When he would utterly destroy the house.” Socrates refutes that God causes criminals act in man then punishes man for the crime. In Scripture, the God of Israel declares himself righteous (Ps 7:11) while Jesus blames Satan as the source of evil( John8:44), but acknowledges that criminal temptations lie in the heart of man(Matt. 15:19).
Proverbs 22.6 “Train up a child in the way he should go,and when he is old he will not depart from it.”
Plato’s Laws ” Don’t you know, then, that the start of every task is the highest thing, especially for any person who is young and tender? For it is a child who is best molded and takes the impression that one wishes to stamp upon it.” pg 624
“This he perpetually inculcates, and thinks it a great part of his duty, by precept and example, to educate the youth in a love of virtue and truth, that they may be seasoned with them, and filled with abhorrence of vice and falsehood, before they attain that age which is exposed to the most violent temptations, and in which they may be their crimes bring the greatest mischiefs upon the public.” 432
Note: Laws teach but they don’t teach if hidden between the front and back cover of a book. It is the work of the executive branch of government to do the work of preventing crime by education and inculcating the laws of God and man and after if the student fails to uphold the law then to arrest and convict. See Article VIII S.2
Exodus 21: 23-25 “But if any harm follows, then you must take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, and bruise for bruise.”
Mirror “…he (King Alfred) had Harulf’s (judge) hand cut off because he saved the hand of Aruccok, who was attainted before him of having feloniously cut of the hand of Richold. (sic)
Note: Some Jewish Rabbis believe “eye for and eye” is about equal justice. In other words, its not an eye for two eyes, or an eye for half an eye. The literal punishment for an eye for eye must be founded on malicious intent or criminal negligence after prior warning. The ancient laws of King Alfred determines the value of a body part in a pecuniary amount with each limb having a different value based on status of the person. In the Old Testament, a case law concerning negligence with prior warning, we see life for a life exchanged for financial restitution See Exodus 21.39-31.
King Alfred “…secular lords….might without sin take for almost every misdeed, for the first offence the money (Bot) which they then ordained; except in cased of treason against a lord; to which they dared not assign any mercy. ” SCC 70
Jesus “You have heard that it was said, ‘An eye for an eye, and a tooth for a tooth.’ But I tell you, don’t resist him who is evil; but whoever strikes you on your right cheek, turn to him the other also. If anyone sues you to take away your coat, let him have your cloak also. Whoever compels you to go one mile, go with him two.” Matthew 5:38
Note: If consider that eye for eye is about equal justice that is one eye for one eye and not for two and if we allow for pecuniary fines. We can say if someone strikes you on the cheek one then the assailant will owe you a fine the amount determined by legislation. For example, if restitution is fifty dollars you earned fifty dollars. Jesus suggest then you turn the other cheek in order to receive another fifty dollars. If you are victimized in performing service without consideration then a judge according to legislation with offer you restitution and Jesus says why not double the amount. If you are required to give your coat in the court of law you will be refunded not only for the coat but for the time it was used and why not offer a cloak to increase you restitution.
To address Siyana’s inquiry. She states, “..society is constructed upon the belief that no human being has the right to take the life of another…then how a man-made law system gives itself the power to do so?” Good question. First, the social compact is not founded upon “no human has right to take another life,” but upon principles of justice. Society is divinely ordered according to “lex talionis” which is appropriately expressed, “life for life, eye for eye, tooth for tooth” This is a concept of just punishment. For example, a victim who losses an eye by the malicious behavior of another can not seek the punishment of the guilty by the loss of two eyes or a life, only one eye or the value of one eye. Justice requires restitution and punishment with limits, that is, one for one. This is seen in capital offenses like murder. If A murders B, then the punishment for A is “life for life” and not life for two lives such a A’s life and his wife. Siyana’s writes,” Isn’t this changing the rules to prevent crime and to act in ‘public interest’, actually an attack on universal values such as the right to live?” Social order is not organized according to a “universal value” according to man but a “universal value” according to God (*See Blackstone) and these are called “inalienable rights”. According to a social compact that recognizes a Higher Authority, an authority over man, life is “inalienable” (see America’s Declaration of Independence). Since life is ‘inalienable”, the obligation of the social compact, which is an agreement among members that creates the state,…requires that every member to the compact be required to protect the life of all other members. It is a personal and sacred duty of citizenship to protect the life, liberty and property of its fellow members, and if a member fails to uphold the “inalienable” right of life by committing murder, the murderer, made the life of another “alienable” and in doing so made his own life “alienable” resulting in his own death under the principle of lex talionis. Siyana’s writes,”But isn’t execution going too far in society’s RIGHT to decide on life and death?” A social compact according to the laws of God and nature does not allow society to decide life or death for the crime of murder. Blackstone in his Commentaries says human law can not be repugnant to divine law. Divine law is specific as seen in Deuteronomy 19:11-13 which says,”But if any man hates his neighbor, lies in wait for him…strikes him mortally so that he dies…then the elders of his city…(shall) deliver him into the hand of the avenger of blood, that he may die. Your eye shall not pity him…”
Mirror ..”adjudged homicides (murderers) except (for) natural fools and children within the age of seven years; for there can be no crime or sin without a corrupt will, and there can be no corruption of will where there is no discretion and an innocent conscience.”
Jesus called a little child to himself, and set him in the middle of them, and said, “Most certainly I tell you, unless you turn, and become as little children, you will in no way enter into the Kingdom of Heaven.” Matthew18:2-3
Genesis 1:31″ God saw everything that he had made, and, behold, it was very good.”.
Jesus in John 8:43-44 “If God were your father, you would love me, for I came out and have come from God. For I haven’t come of myself, but he sent me. Why don’t you understand my speech? Because you can’t hear my word. You are of your father, the devil, and you want to do the desires of your father. He was a murderer from the beginning, and doesn’t stand in the truth, because there is no truth in him. When he speaks a lie, he speaks on his own; for he is a liar, and its father.”
Note: There are two spirit operating in the world, the spirit of God and the spirit of the Evil One – the first is the spirit of liberty and justice and the later is spirit of corruption and tyranny. It is spirit, good or evil, operating within the human soul that is the source of all human thought and action. Every human action is a submission to one spirit or the other. Justice, moral integrity, decency, good works are produced by the Spirit of God. Vice, theft, murder, sexual immorality and the like are the fruit of the spirit of Evil. The soul who does an act of evil has willfully volunteered to act on behalf of the Evil One, just as the law abiding chooses to act by God’s Spirit. This is the only free will mankind has. Even if the soul is confused and is led by ignorance, the choice of doing evil or good determines whether the soul is the son of God or the son of the Evil One. This problem in the human community is the curse God put upon mankind in Genesis 3.15: “And I will put enmity between you (serpent) and the woman, and between your offspring and hers; he will crush your head, and you will strike his heel.” To overcome this curse requires God’s plan of redemption as found in the law of Moses for inculcating moral righteousness and of the Apostles for restoring our conscience as a legitimate sensible tribunal of the soul.
Ministry of Law Enforcement
In Luke the Angel Gabriel was sent to Mary and she was told by the angel that she would give birth to a son, and as a descendent of David, he would sit on David’s throne. David’s throne is the governor’s seat of Israel, that is, the executive branch of civil government which is the place of law enforcement according to the laws of Moses. In Matthew 5:19, Jesus, a law enforcement officer, chastises those who break the law of Moses saying, “Whoever, therefore, shall break one of these least commandments, and teach others to do so, shall be called least in the Kingdom of Heaven…” But those who uphold the law and teaches other do the same, Jesus says,”…but whoever shall do and teach them shall be called great in the Kingdom of Heaven.” So if you’re in Jesus’ ministry of law enforcement and you encourage crime prevention by giving instructions in keeping the commandments and you yourself uphold and keep the commandments within your community then Jesus declares that you will “be called great.”
Restitution for Theft
Exodus22:1-4 “If a man steals an ox or a sheep, and kills it, or sells it; he shall pay five oxen for an ox, and four sheep for a sheep…. If the stolen property is found in his hand alive, whether it is ox, donkey, or sheep, he shall pay double.”
Mirror “The for larceny, for a venial action, and for satisfaction to the plaintiffs to the double value of the things stolen, and in case of robbery to the fourfold value.” 150
Note: In the ancient common law restitution was increased for robbery which is theft with violence versus larceny which is theft without violence. The law of Moses had restitution five or four fold for the complete loss of property but if actual property was returned then double restitution was given. It may be that replacement was of a lessor value than the original and thereby replacement required an increase in restitution.
Exodus 21: 28-32 “If a bull gores a man or a woman to death, the bull shall surely be stoned, and its flesh shall not be eaten; but the owner of the bull shall not be held responsible. But if the bull had a habit of goring in the past, and it has been testified to its owner, and he has not kept it in, but it has killed a man or a woman, the bull shall be stoned, and its owner shall also be put to death. If a ransom is laid on him, then he shall give for the redemption of his life whatever is laid on him.”
Mirror “There are dives cases in which corporal punishments are redeemed by fines in money; and these fines are called ransoms, which means that they are redemption of corporal punishments.”
Note: If an animal has hostile tendencies and inflicts and injury after the owner was given a warning of the animal’s hostility. The owner can face the judgment of life for life. His life according to the judge may be ransomed by fine. This case law also may reflect upon eye for eye and hand for hand etc.
Source of Law
Pufendorf “Now ’tis very manifest, that Men derive the Knowledge of their Duty, and what is fit to be done, or to be avoided in this Life, as it were, from three Springs, or Fountain-Heads; to wit, From the Light of Nature; From the Laws and Constitutions of Countries; And from the special Revelation of Almighty God.” preface/duties of men
Note: Jurisprudence of law begins the with the source of law. Pufendorf acknowledges three forms of law: law of nature, positive law of man, and the revealed law of God. Blackstone concurs. He speaks of divine law as a composite of the law of nature and revealed law and then there is municipal law or the laws of the state which can not be repugnant to divine law.
Seneca “…long association induces love of evil as well as good..” 76
Epictetus “For you may rest assured that be a man ever so pure himself, he cannot escape defilement if his associates are impure.” 175
Samuel Bryan “…the particular sphere men move in, the prevailing sentiments of those they converse with, have an insensible and irresistible influence on the wisest and best of mankind….” Centinel dc78
Seneca says vices are contagious lighting upon whoever is nearest, and infecting by contract. During a plague, how careful we must be to not to sit near people caught in a burning fever, because we would be courting danger and drawing poison in with our breath; just as true as in choosing friends, we must be attentive to character and be associated with those least tainted. 89
Note: If “Annals of Tacitus’ be an accurate depiction on the emperor Nero, we may say that Tacitus became a victim of his own wisdom. Being associated with the depraved and criminal minded Nero who sought and failed in the murder of Agrippina his mother, according to Tacitus, Seneca may of aided and abetted in the assassination of Agrippina in a follow up plot. Tac.297
Genesis 3:1-3 Now the serpent was more subtle than any animal of the field which Yahweh God had made. He said to the woman, “Has God really said, ‘You shall not eat of any tree of the garden?’”
The woman said to the serpent, “We may eat fruit from the trees of the garden, but not the fruit of the tree which is in the middle of the garden. God has said, ‘You shall not eat of it. You shall not touch it, lest you die.’”
Paul “Don’t be deceived! “Evil companionships corrupt good morals.” 1 Cor. 15.33
Psalms 1:1-2 “Blessed is the man who doesn’t walk in the counsel of the wicked, nor stand on the path of sinners, nor sit in the seat of scoffers but his delight is in Yahweh’slaw.
John of Salisbury says that it is useless to rely on the innocence of an earlier life for no man can retain innocence among courtiers because virtue is cast aside by the frivolities of corrupted. Who is so great in conviction that he cannot be corrupted? In order that virtue be unharmed one must leave the presence of the corrupt.
Deuteronomy 18:10-12″ There shall not be found who…uses divination, one who practices sorcery, or an enchanter, or a sorcerer, or a charmer…For whoever does these things is an abomination to Yahweh. Because of these abominations, Yahweh your God drives them out from before you.”
Socrates says the victims of sorcery are those who alter their opinion under the spell of pleasure or are terrified by some fear. Glaucon says everything that deceives appears to cast a spell upon the mind.
Note: The effects of narcotics, legal or illegal, is that it cast spells on the mind. This undermines the required integrity and virtue of the sovereign of the United States, the People. The People who are the source of public authority must work at being sober, temperate, virtuous, knowledgeable and pure. If they fail to uphold this sacred obligation and duty they undermine “We the People” part of the US Constitution. How safe is your life, liberty and property under a constituted authority, the people, who are doped up, drunk, morally corrupted and blindly ill-informed? Not safe at all, if fact lost. America’s only hope of maintaining republican self government and protecting sacred rights is for the people to fulfill their duty to be a sovereign above reproach.
Vattel “In vain does nature prescribe to nations, as well as to individuals, the care of self-preservation, and of advancing their own perfection and happiness, if she does not give them a right to preserve themselves from every thing that might render this care ineffectual. This right is nothing more than a moral power of acting, this is, a power of doing what is morally possible, – what is proper and conformable to out duties.” 288
Grotius “For God has given conscience a judicial power to be the sovereign guide of human actions, by despising whose admonitions the mind is stupified into brutal hardness.” 215
Tacitus ”the fear of prohibition may sometimes operate as a restraint, but where men once act in defiance of that, fear and shame have lost all their force.”Grot.188