The Ten Commandments and many other elements of Hebrew law provided a major source for the development of western legal systems and democracy.

• http://www.hebrew4christians.com/Scripture/Torah/Ten_Cmds/ten_cmds.html

Three thousand years ago, the ancient Hebrew people lived in the Near East in an area called Canaan. This ancient people developed the idea of monotheism, the belief in one god. They believed that their god gave them laws to regulate their society, their religious practices, and their relationships with other people

Conquered by the neo-Babylonians and later by the Romans, the Hebrews eventually became a scattered people, living in many countries under different legal systems. But they continued to develop their own law and tried to follow it even in foreign lands. Their law was based on the Ten Commandments and other sacred writings, which today we find in the Hebrew Bible. In developing their law, they sometimes borrowed legal concepts from other civilizations as well as passing on their own ideas. The Jewish law that developed influenced Roman law, English law, and our own Declaration of Independence and Constitution.

Development of Jewish Law

According to Hebrew teachings, a man named Moses led the Jews out of slavery in Egypt around 1250 B.C. and received the Ten Commandments from God. It was not until the fifth century B.C. that the Hebrews put the commandments and other legal principles into written form. They were contained in the Torah and eventually became the first five books of the Bible. The written Torah ("teaching") provided the ancient Hebrew people with a code of religious and moral laws.

In A.D. 70, after the Romans crushed a Hebrew revolt and destroyed the holy temple in Jerusalem , the Hebrew legal system stopped functioning. Faced with religious persecution, many Jews began to leave their homeland, called Palestine by the Romans. Known as Jews, for one region of their homeland called Judea, these people migrated throughout the Middle East, Europe , and other parts of the world.

Starting as early as the second century A.D., Jewish scholars attempted to compile a code of laws from the Torah and other sources, which would assemble all Jewish law in one place. These writings influenced the political and judicial decisions of rulers throughout the world.

Equality

The Torah teaches that God created Adam, the first human, as the father of all peoples. Thus, all humans are born equal and should be treated equally by the law.

Like most other Middle Eastern peoples in ancient times, the Hebrews did not treat women as the legal equals of men. For example, women were usually not permitted to appear as witnesses in court. Nevertheless, Jewish law still identified many women's rights and protections.

The Rule of Law The Torah does not recognize the idea of kings ruling by divine right. According to tradition, the Hebrew people made Saul their first king in 1030 B.C., when enemy nations threatened their survival. But Saul and the other Hebrew kings that followed him were never considered to be gods or high priests with the power to interpret God's will.  Hebrew kings, like everyone else, had to obey the Ten Commandments and the other laws of the Torah. The written Torah, not the whims of kings, was considered the law of the land.  Basically, the principle of rulers having to follow the law.

Majority Rule and Democracy

The Hebrew concept of majority rule comes from the Torah's command to "follow the multitude."

Freedom of Religion and Speech Being born a Jew makes one obligated to follow the Torah. But Jews must do this freely. Non-Jews have the freedom to practice their own religions. Moreover, unlike most other religions, Judaism does not actively seek converts. A tradition of free speech existed among the Hebrews. Hebrew prophets openly spoke out against their kings and the people for failing to follow the Torah. During the long history of disputes over the meaning of the Torah, no one was tried for heresy (going against religious doctrine). Also, while the majority decided matters of law, the minority had a chance to be heard and their opinions were often recorded.

Many parts of the Torah, Talmud, and the codes of law that followed described due process procedures to ensure fair trials. Anyone accused of a crime had the right of bail except in death-penalty cases. Traditional Jewish courts had no trained lawyers arguing cases. The prosecutor was either the victim himself or, if he had been killed, a relative ("blood-avenger") or someone appointed by the court. The accused could defend himself or ask another to plead for him. Evidence included documents and the testimony of witnesses. The consistent testimony of two male witnesses to the crime was necessary to convict the accused. The judges closely cross-examined witnesses in the presence of the accused. Circumstantial evidence alone was never enough to find someone guilty. Witnesses who broke the commandment forbidding one to "bear false witness" faced the same penalty that the accused would have suffered. The accused had an absolute right against self-incrimination and was not permitted to make statements harmful to himself. Likewise, confessions were not admissible evidence in court. There was no jury. The judges deliberated with the accused looking on. The youngest judge spoke his opinion first in order to avoid being influenced by the senior judges. The judges then decided the verdict by majority vote.

Punishment

The Torah clearly states the punishment for violating the commandment against killing: "Whoso sheddeth man's blood by man shall his blood be shed; for in the image of God made He man." Other capital crimes included adultery, idolatry, kidnapping, and burglary. Methods of execution in the Old Testament included burning, slaying with a sword, and stoning by the people. Because of the strict requirement of due process demanded by Jewish law to convict a murderer, some scholars believe the death penalty was rarely carried out.

Over the centuries, Jewish scholars agonized about the death penalty. Since the Torah says that man's body is holy and should not be mutilated, scholars devised execution methods to avoid this desecration. For example, they argued that "stoning,” meant pushing a criminal off a high place into stones below to bring about a quick death with a minimum of mutilation.

Assignment 1.04 - The Hebrews and the Foundation of Western Law

Answer the following questions.  You may have to go back to assignments 1.02-1.03 to answer the first question.

1.  In what ways did ancient Hebrew law differ from that of the Greeks and Roman civilizations?

2.  What elements of Jewish law can you find in the U.S. Bill of Rights?

The US Bill of Rights is the first 10 amendments to the Constitution

• http://www.law.cornell.edu/constitution/constitution.billofrights.html

3.  Define these governmental concepts as advanced by the Hebrews.

            a.  Equality before the law

            b.  The rule of law

            c.  Majority rule and Democracy