To The Daily Sun,
Law took a broadside hit when Charles William Eliot became president of Harvard in 1869.
He offered a professorship to Christopher C. Langdell. A man who held no experience. A new, secular education was born. Langdell taught that law was a science and governed by evolutionary principles. Unlike sir William Blackstone.
Blackstone's books were used extensively in teaching of law. Blackstone wrote, "no human laws are of no validity if contrary to God's law, and no human laws have any authority except as derived from that higher law. Langdell believed that cases were the original source. His design was to eliminate God and the scriptures from the source. Therein a new faith was born that adhered to Charles Darwin's theory of evolution.
Man's rationale overruled God's law. New law books were written as men like Oliver Wendell Homes and Louis D. Brandeis adhered to and taught the case method and scientific approach to Law. Divine absolutes were disregarded. Laws of God were replaced with theory of evolutionary law, disregarding that law is fixed and stable. Other universities followed suit.
Dr. A.E. Wilder-Smith wrote, "the adoption of the evolutionary model of man has contributed substantially to the breakdown of law and order in the United States. Clarence Darrow who adopted said ideology defended two young murderers in 1901 exclaiming, "they are in jail simply because they cannot avoid it on account of circumstances which are entirely beyond their control and for which they are in no way responsible." OUCH!
C.S. Lewis who wrote "Humanitarian Theory of Punishment" in 1950 sums it up well: "the concept of desert is the only connecting link between punishment and justice ... thus when we cease to consider what the criminal deserves and consider only what will cure him ... we have tacitly removed him from the sphere of justice altogether; instead of a person, a subject of rights, we now have a mere object, a patient, a "case."
Universities that were borne of a Christian heritage have forgotten their roots. John G. Harvey, Oklahoma City University Law School dean writes, "Thus I end, where I began, with a plea that every law teacher in every church-related law school restudy the Christian precepts and that, insofar as possible, he teach course contents with emphasis on those concepts. I acknowledge that many of the old teachers are past praying for it. If left to them, the free men of the Western civilization will likely become the slaves of a totalitarian state. But for the younger law teachers in the church-related law schools, there is time for repentance. The one last hope that Western civilization will survive with emphasis on individual freedoms and human dignity rests with them."
Harvard professor Harold Berman states, "it is clearly established that American law was rooted in Christian principles" and shares a statement from Thomas Jefferson in his first message as president of the U.S.A: " The liberties of a nation cannot be thought secure when we have removed their only firm basis, a conviction in the minds of the people that their liberties are a gift of God."
Roscoe Pound, Harvard Law School Dean wrote in 1922 how frustrating it was to divest from the belief that law was divinely fixed and settled and sought to make adjustments and radical changes in the law.
R. J. Rushdoony exclaims, "Law in every culture is religion in origin. It must be recognized that in any culture the source of law is the god of that society. If law has its source in man's reason, then reason is the god of that society. If the source is an oligarchy, or in a court, senate, or ruler, then that source is the god of that system." Mao Tse- Tung stated, "Our god is none other than the masses of the people." Our culture has moved away from God and given the system to the state.
In "This Independent Republic," Rushdoony writes, IIf sovereignty resides in God and is only held ministerialy by men, then the basic responsibility of ruler and rules is to God, who is also the source of freedom. But if sovereignty resides in the state, whether a monarchy or democracy, a man has no appeal beyond the law of the state, and no source of ethics beyond it ... absolute monarchy and democracy, statism in other words, came into existence as rivals of paganism and as anti-Christian movements." The Bill of Rights recognized this truth. They gave us immunities from the state..
Professor of Law at Seton Hall John C. Wu spoke on December 5, 1953 of "The Natural Law and Our Common Law." Wu's research was titled "Fountain of Justice." He admitted, "In my humblest opinion ... while the Roman law was a death bed convert to Christianity, the common law was a cradle Christian." He found that the Magna Carta of 1215 recognized "the idea of the supremacy of God and the laws over all human beings." It was necessary that the great charter emerge, since King John eventually became more oppressive in his reign. We sure could use it now. Or better yet, bring the divinely inspired Constitution back into use.
Bracton, considered the "Father of the Common Law," in the middle 1200s, had its roots in Anglo-Saxon approach to law. He wrote, "there is no king where will, and not the law, wield dominion." Sir Edward Coke a prodigy of Bracton declared, "that the king must not be under any man, but under God and the law." English jurist long held that common law had its foundation in Christianity. He spoke of the Saxon kings, "The Ten Commandments were made part of their laws, and consequently were once part of the law of England
Justice Story discourse at Harvard in 1829: "One of the beautiful boasts of our municipal jurisprudence is that Christianity is a part of the common law, from which it seeks the sanction of its rights, and by which it endeavors to regulate its doctrine."
Sir William Blackstone's commentaries served as basic text for Americas legal scholars for over one hundred years following the Revolutionary War. His "Law of Nature and of Nature's God" found their way into Americas founding document.
Today we find a lawless ideology that seeks control of all people. Control appears subtle at first but once all tools are in place we will find ourselves under worse despots than King George and his red coats.
Gene F. Danforth
- Category: Letters
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