Part 53. Guidance and control. Principles and rules (1)

Hello. Have you read all 52 of my posts? You have, congratulations, or should that be commiserations?  A set of disjointed ramblings they may be, but I trust I conveyed my empathy for an approach to Christian faith rooted in postmodernism and deconstructivism with strong elements of Liberation theology and progressivism thrown in. I call it a melange of strands of theological ideas, although others may not be so polite.

My background is in law as a student and a lecturer. I lectured in jurisprudence and legal theory.  For this and following posts I intend to concentrate on how judges in common law legal systems in the UK and USA  decide cases and how the process has parallels to assist our understanding scripture. Apart from statutes English law is based on the common law as ameliorated by equitable jurisdiction.  Don't  worry it will be explained later.   

 Common law is so-called because it applies across England. It consists of judicial decisions in legal cases known appropriately as case law. Case law consists of published reports that set out the facts of a case, the consideration by the judge(s) of the relevant law (as they perceive it), the reason(s) for the decision and judgment. We have a system based on precedent which means later cases with similar facts should be decided in like fashion to earlier cases in order to produce 'certainty'.  Simple really but no, judges will distinguish cases on the facts so as not to have to follow the decisions in earlier cases. 

Judaism had, and has, professions engaged in interpreting the Law, not just to circumvent a specific rule but also to apply it in vastly changed societies.  It is the age old battle between either rigorous rigid adherence to the original rules or applying fluid and flexible interpretive methods, a battle continuing to this day in interpretation of the Old and New Testaments.

The judiciary find another way round decisions in earlier cases by applying their equitable jurisdiction. There are a number of maxims or principles of equity which set out the parameters within which judges may exercise this jurisdiction. Equitable jurisdiction acts as a supplement, not as a replacement  to  common law. It seeks to produce fair and just outcomes for individuals in the circumstances where equitable maxims may be applied. 

Concepts of fairness and justice are central to Christianity yet sadly there are those who interpret the bible in a narrow rigid manner and would exclude other interpretive methods which seek to apply the broad  concepts articulated by Jesus.

To be continued......