HeartOfDixie
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I Root For: Alabama
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RE: 7-foot-tall statue of Satan at the Oklahoma State Capitol:
(01-08-2014 05:35 PM)Kruciff Wrote: (01-08-2014 05:30 PM)HeartOfDixie Wrote: (01-08-2014 05:21 PM)Kruciff Wrote: (01-08-2014 05:13 PM)HeartOfDixie Wrote: (01-08-2014 05:08 PM)Kruciff Wrote: I'm not sure I can agree with you there. I can see a scenario where they are regarded with high esteem in so-called natural law theory, but what does it solve in practice? They aren't human laws, they are abrahamic moral guidelines. They don't dispense or even define penalty for breaking these commandments, or to what scale these commandments can be broken.
I reiterate, I understand their importance, but they simply are not laws, at least not as we know them today.
Natural law theory is one of the most important jurisprudential schools in the development of Common law. The Ten Commandments are seen as the symbol of that theory because they are in line with the idea that law is naturally good and focused on the ethicalness, or goodness of it. They are also a bedrock of the earlier theorists who really concentrated that line of thinking, Thomas Aquinas to name one.
Its symbolism so your take on the actual Ten Commandments is entirely missing the forest for the trees.
The Ten Commandments are, even more so than Hummarabi's code, or any other well known jurisprudential symbol, the symbol of our legal theory at its core.
There isn't really anything to agree or disagree with, perhaps with the extent to which natural law theory is dominant in American jurisprudence, but the rest is just fact.
Bear with me a second (law isn't what I'm trained in) while I try to place this in a scenario I can understand more readily.
Remember in beginning science courses, they always mention alchemy in the Medieval eras, and how it relates to today's scientific method? (even going so far as to expound upon Isaac Newton's dealings in Alchemy) Knowing full well that Alchemy is in no way relevant to today, but still respected for it's purpose in developing the scientific method (through elemental study), is this similar to the situation with the 10 commandments and modern legal theory?
Yes. I think that's a great analogy.
Hammurabi's code, the Ten Commandments, various stele, Roman Civil law, Lady Justice, etc, are all used as symbols for various jurisprudential schools.
Some are more applicable than others. Contrary to popular belief the thought process behind the Code and Civil law have very little relevance in the US.
On the other hand, the Ten Commandments, or natural law theory to be more precise, forms the cornerstone of our Common law system. They are on the same branch so to speak. So, when you see the Ten Commandments on the SCOTUS building it isn't the actual commandments themselves being glorified but the line of thinking they gave rise to. Religion and law are so closely bound it's almost silly.
Now, I'm not saying this Oklahoma, or the Alabama one, were put forward as that kind of symbols. I'm definitely not saying that. I'm just saying that in context the commandments are not merely religious symbols and that they have a much more immediate message as well as a symbolic and historical one.
Sorry if I came off as rude; I didn't mean to be.
Ok thanks for the explanation.
And it's alright, i'm sure you wouldn't expect civil discourse in the spin room of all places lol.
I think if that is the case, the symbol vs. intention is a very important part if this goes to court. I think precedent in past cases would weigh heavily.
Makes me wonder what would happen to other uses of the "symbol" if the secular side won out, such as government monuments, our national motto, currency... etc.
This may get me tarred and fathered on here but I think we as a country have moved more towards the religious side, out of the original line, over the last 50-60 years and that a correction is fine. But, I think that a lot of those fighting any and all religious displays are equally as wrong in trying to eliminate religion from the public sphere, which is also, in my opinion, out of line.
That's why I talked about it being fine, in my opinion, for the government to reflect the religious reality of society, at a State and Federal level, in the manour that guarantees free expression, walked over by many on the left, and one that guarantees a level of inclusiveness and secularism on the other, often walked on my those on the right. It's a fine line that we have a system set up to protect.
I think people are just too into hard and fast rules which isn't the way our system is designed to work but that's another discussion.
Anyways, sorry again if I was rude.
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