Divine Justice and Due Process

Divine Justice and Due Process: The Relationship Between the Torah and Common Law in Light of Black’s Law Dictionary, U.S. History, and the Constitution

Introduction: Law as a Reflection of Divine Order

The concept of law has always been at the heart of civilized society. Whether through ancient tablets of divine origin or codified civil statutes, law attempts to provide justice, maintain order, and protect rights. Among the earliest and most comprehensive bodies of law is the Torah, the Hebrew Bible’s foundational legal document. Though religious in nature, the Torah’s legal concepts have influenced civil law traditions across the globe, including the English Common Law, which is a cornerstone of the United States legal system.

According to Black’s Law Dictionary, Common Law is defined as:

> “That body of law developed in England primarily from judicial decisions based on custom and precedent, unwritten in statute or code.”

This “unwritten” law is rooted in deeply held moral and natural law principles, many of which trace back to biblical texts. Exploring the Hebrew Torah, alongside Black’s Law Dictionary, U.S. history, and the Constitution, reveals that the foundations of Western law are not merely Roman or British but are significantly Semitic and scriptural in nature.

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The Nature of the Torah as Law

The Torah (תּוֹרָה‎), meaning "instruction" or "teaching" in Hebrew, comprises the first five books of the Hebrew Bible: Genesis (Bere’shith), Exodus (Shemoth), Leviticus (Vayiqra), Numbers (Bamidbar), and Deuteronomy (Devarim). Within it lies a divinely ordained legal code governing every facet of Israelite life—religious, civil, moral, and judicial.

The Torah contains 613 commandments (mitzvot), including laws about theft, murder, contracts, family, debt, agriculture, and social justice. The Hebrew term “Mishpatim” (מִשְׁפָּטִים) refers specifically to civil and criminal ordinances that form the basis for what we now call jurisprudence.

Key concepts from the Torah that align with Common Law include:

Restitution over retribution (Exodus 22:1–15)

Due process and multiple witnesses (Deuteronomy 19:15)

Property rights and inheritance (Numbers 27:1–11)

Impartial judges and courts (Exodus 18:21–26, Deut. 16:18–20)

These principles are echoed throughout the American legal tradition and often mirror definitions found in Black’s Law Dictionary.

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Common Law and Its Biblical Roots

Blackstone’s Commentaries on the Laws of England, one of the most influential legal texts on American Common Law, emphasizes the eternal and unchanging nature of moral law, which he attributes to God’s will. He writes:

> “This law of nature, being coeval with mankind and dictated by God himself, is of course superior in obligation to any other.”

This statement aligns with Torah-based thinking. The Torah is not a man-made document but the Word of the Most High, designed for justice, order, and righteousness (Isaiah 51:4).

The Common Law system, though formally developed in medieval England, arose from centuries of ecclesiastical law, canon law, and natural law—which were all rooted in biblical instruction. In early English courts, the Bible was commonly cited, and judges were often members of the clergy.

Examples include:

Trial by jury parallels Deuteronomy 1:16–17, where judges are to “hear the small and the great alike.”

Right to face your accuser (Deut. 19:16–19)

Protection from self-incrimination, tied to the biblical silence of the accused (Isaiah 53:7)

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Black’s Law Dictionary Definitions Aligned with the Torah

Let’s explore some legal concepts defined in Black’s Law Dictionary and trace them to their Torah-based origins:

1. Covenant

> “A formal agreement or contract between two or more parties.”

Torah Parallel: The Hebrew word "berit" (בְּרִית) is used throughout the Torah to describe agreements between YHWH and Israel (e.g., Genesis 17:1–8).

The Torah’s Covenant at Sinai forms the constitution of the Israelite nation, akin to the U.S. Constitution for America.

2. Witness

> “One who gives testimony under oath or affirmation in a legal proceeding.”

Torah Law: “At the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established” (Deut. 19:15).

Also emphasized is the commandment not to bear false witness (Exodus 20:16), which is a foundation of both biblical and common law justice.

3. Testament

> “A will disposing of personal property.”

The Torah and Tanakh are often referred to as the Old Testament, which implies a binding legal testimony.

In Hebrew, “edut” (עֵדוּת) means testimony or legal witness—a central legal term.

4. Lex Talionis (Law of Retaliation)

> “An eye for an eye” — the principle of proportional justice.

While this is found in Exodus 21:24, rabbinic interpretation in the Mishnah (Bava Kamma 8:1) explains this as monetary compensation, aligning with restitution-based justice, not revenge.

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The U.S. Constitution and Torah Values

Although secular in structure, the U.S. Constitution is infused with Torah-inspired values. Many Founding Fathers were influenced by the Bible and saw it as foundational for a moral and free society.

Biblical Principles in the Constitution:

1. Separation of Powers – Inspired by Isaiah 33:22: “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king.”

2. Inalienable Rights – Based on the Imago Dei (Genesis 1:27), the belief that all humans are made in the image of God and thus have inherent dignity.

3. Due Process – The Fifth and Fourteenth Amendments guarantee due process, a concept established in Torah law through fair trials, judges, and procedural justice.

Oaths on the Bible:

It is customary for U.S. Presidents, judges, and public officials to swear on a Bible, recognizing it as the moral and spiritual source of justice.

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The Hebrew Language and Legal Concepts

The Hebrew language offers deep semantic roots that reveal more meaning than their English equivalents. For instance:

Torah (תורה) comes from the root Y-R-H (ירה) meaning “to instruct” or “to shoot an arrow,” implying precision and moral direction.

Mishpat (משפט) means “justice” or “judgment,” and also refers to court cases and civil ordinances.

Tzedek (צדק) and Tzedakah (צדקה) refer to justice and righteousness, showing that law is inherently moral.

Unlike Common Law, which may shift with precedent, Torah law ties law to unchanging principles of morality and covenant.

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Parallel Structures: Torah Courts and Common Law Courts

Element Torah Law Common Law

Source of Law Divine Revelation Custom, precedent, statutes

Legal Authority Elders, judges, priests Judges, magistrates

Due Process Multiple witnesses (Deut. 19:15) Jury trials, cross-examination

Restitution Thieves repay double or more (Ex. 22:1–4) Civil remedies, damages

Equity Judges must not show partiality (Ex. 23:3) Equal protection under the law

Appeal Process Moses to elders to YHWH (Ex. 18:21–22) Local to appellate to Supreme Court

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Historical Legal Codes Influenced by the Torah

The Magna Carta (1215)

Often cited as the basis of liberty and the rule of law, the Magna Carta's emphasis on due process and legal equality echoes Torah commandments about fair judgment and justice for the poor and foreigner (Ex. 23:6–9).

Colonial American Laws

Puritan legal codes directly cited the Torah, especially from Exodus, Leviticus, and Deuteronomy. Sabbath observance, penalties for blasphemy, and inheritance rules all borrowed from the Hebrew Bible.

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Torah and Black’s Law Dictionary: Natural and Divine Law

Black’s Law Dictionary defines Natural Law as:

> “A body of unchanging moral principles regarded as a basis for all human conduct.”

Divine Law is described as:

> “The law that is believed to come directly from God, as opposed to man-made law.”

These align precisely with the Torah, which claims to be the direct revelation of YHWH to mankind, particularly Israel (Exodus 19–20). The Torah is not negotiable, just as Natural Law is unchanging and binding on all societies.

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Conclusion: The Call to Righteous Justice

The Torah and Common Law are not competing systems but complementary frameworks rooted in a divine understanding of justice. Black’s Law Dictionary may define law in technical terms, but the spiritual essence of justice comes from the Hebrew Scriptures. The Torah’s influence on Common Law, the U.S. Constitution, and the structure of American justice is undeniable.

In an age where legal systems are often driven by politics and policy rather than morality, a return to Torah-based principles—truth, equity, restoration, and due process—can reinfuse our justice systems with divine purpose and righteous order.

As the prophet Micah declared:

> “He has shown you, O man, what is good; and what does YHWH require of you but to do justly, and to love mercy, and to walk humbly with your Elohim?” (Micah 6:8)

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Suggested Sources for Further Study

Black’s Law Dictionary (Latest Edition)

Commentaries on the Laws of England by William Blackstone

The Torah: A Modern Commentary by W. Gunther Plaut

The U.S. Constitution

Mishnah Torah by Maimonides (Rambam)

Natural Law and Natural Rights by John Finnis

The Hebrew Bible: A Translation with Commentary by Robert Alter