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Sir Emeth Mimetes
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PostSubject: Legislature   Wed Feb 04, 2009 9:29 am

Greetings,

What role and powers ought a legislature to have? Given that the law is above man and so man does not create law, what can he do? I believe that all that a civil magistrate can do is apply (not interpret) the law of God in a particular situation. What do you think? And how much weight ought previous rulings to have?

  • What role does legislature play in a biblical government?
  • How much weight ought previous rulings have?
  • How should the civil magistrate apply the law?


With joy and peace in Christ,
Jay Lauser

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I am Sir Emeth Mimetes (knighted to the warfare of truth by the calling of Christ, the Master of my order), and thus, though poorly is it ever met by my feeble abilities, is my mission: to combat those ideas that are rooted in mindsets that are contrary to my Master.
May I never forsake abiding in Him, and may His ways never cease to thrive within my heart, for He only is my strength and hope.
note: emeth is Hebrew for truth, right, faithful;
mimetes is Greek for an imitator or follower.
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Hannah Marie
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PostSubject: Re: Legislature   Mon Apr 13, 2009 10:46 pm

Legislature has no absolute power over the people, no absolute power over the Law. Therefore, legislature cannot create new laws nor remove the laws nor interpret the laws that have been set. The only role of legislature is to protect the Law as it is given, to uphold and carry out the Law. Legislature is to abide by the Law and to guarantee the Law’s safety in any given circumstance. Legislature is to protect the freedom of the people to exercise the Law and to prevent any person from interfering with the people’s freedom to exercise the Law.

In today’s world, legislature is above the people, makes the laws for the people, and forces the people to be subject to the new laws. This is wrong; legislature has stepped beyond it’s boundaries. When the legislature is given too much power and not held within it’s boundaries, it will push it’s limits until it has the ultimate control.

Saint-Just said it best: “The legislator commands the future. It is for him the will of the good of mankind. It is for him to make men what he wills them to be.”

This is not the role of legislature nor should it ever be. The legislature has no absolute power and is held below both the people and the Law. Legislature is to carry out the Law as it is directly written. It’s sole and only function is to protect and guarantee the Law’s safety.

Since legislature is below the Law in every respect, it’s decisions must uphold the Law. Therefore, if the decision upholds the Law, it is absolute. However, if a decision is found in violation of the Law, it is to be struck down immediately. Any and all decisions made by legislature are subject to review at any given time to ensure that the decisions made do not violate the Law in any respect.

In Christ,
Hannah

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If you accept my words and store up my commands within you, turning your ear to wisdom and applying your heart to understanding, and if you call out for insight and cry aloud for understanding; and if you look for it as for silver and search for it as hidden treasure, then you will understand the fear of the Lord and find the knowledge of God. Proverbs 2:1-5
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caleb
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PostSubject: Re: Legislature   Tue Apr 14, 2009 5:26 am

Hannah Marie wrote:
Legislature has no absolute power over the people, no absolute power over the Law. Therefore, legislature cannot create new laws nor remove the laws nor interpret the laws that have been set. The only role of legislature is to protect the Law as it is given, to uphold and carry out the Law. Legislature is to abide by the Law and to guarantee the Law’s safety in any given circumstance. Legislature is to protect the freedom of the people to exercise the Law and to prevent any person from interfering with the people’s freedom to exercise the Law.

In today’s world, legislature is above the people, makes the laws for the people, and forces the people to be subject to the new laws. This is wrong; legislature has stepped beyond it’s boundaries. When the legislature is given too much power and not held within it’s boundaries, it will push it’s limits until it has the ultimate control.

Saint-Just said it best: “The legislator commands the future. It is for him the will of the good of mankind. It is for him to make men what he wills them to be.”

This is not the role of legislature nor should it ever be. The legislature has no absolute power and is held below both the people and the Law. Legislature is to carry out the Law as it is directly written. It’s sole and only function is to protect and guarantee the Law’s safety.

Since legislature is below the Law in every respect, it’s decisions must uphold the Law. Therefore, if the decision upholds the Law, it is absolute. However, if a decision is found in violation of the Law, it is to be struck down immediately. Any and all decisions made by legislature are subject to review at any given time to ensure that the decisions made do not violate the Law in any respect.

In Christ,
Hannah

Excellent post Hannah!!! So what exactly are you saying legislature should do? You say they shouldn't create new laws or remove or interpret laws, but should protect laws. How is this different than a judge? What exactly would legislature do to protect laws that a judge would not do? Or, are you saying it's basically the same thing? If it's the latter, then isn't legislature unnecessary?

As I stated in another post, I recently had the privilege of being a page in the Indiana Senate. I got to on the senate floor during session and saw and heard about several bills that were being passed or were being debated over. It was quite the eye opening experience. One bill seemed to be restricting the kind of fertilizer companies could use, while another was making harder restrictions to crack down on puppy mills. The ramifications of this latter bill went so far, that a vet who puts down more than one stray dog would be prosecuted. These are outrageous breaches of jurisdiction that the legislature has. They have gone way over the bounds of there role and are making laws that do not protect people's life, liberty, or property. In fact, they hamper it. Our government is basically saying that it is OK to kill an unborn baby, but it is terribly wrong to put down an animal. Does anyone see a problem with this?

Most things have a slippery slope. If you give the government decent power, over time, they will abuse it like the example I gave above. A biblically founded nation, if left alone, will eventually slide into heathenism. This is why our motto should be that of the reformation: Semper Reformonde (I hope I spelled that correctly) Always Reform.

I'm not sure if legislature should not be allowed to make new laws or not. I will have to do further research into this. My first thought would be that if we make the Constitution well enough, legislature is unnecessary. We would only need law enforcement agents and judges.

To God be the glory,
-Caleb
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PostSubject: Re: Legislature   Tue Apr 14, 2009 8:00 am

caleb wrote:
Excellent post Hannah!!! So what exactly are you saying legislature should do? You say they shouldn't create new laws or remove or interpret laws, but should protect laws. How is this different than a judge? What exactly would legislature do to protect laws that a judge would not do? Or, are you saying it's basically the same thing? If it's the latter, then isn't legislature unnecessary?

In many ways, it isn't different than a judge. I originally thought about it in the way that a judge would carry out the law but the legislature would decide how to protect the law. In this manner, when the legislature makes a decision about a law and how to carry the law out, then the judges would take over. I'm not using the judical branch and legislative branch in the U.S. as my guide; these are corrupt and I believe their roles have been distorted.

The role of a judge is another area that I believe has stepped out of it's bounds. The only role a judge has is to carry out the law. The legislature cannot do this; it is a decision making body and cannot make the final decision as to how to carry out the law. That is where the judge comes in. In my definition of a judge, a judge hears all witnesses and evidence on a certain issue and then carries out the decision of the legislature.

Another difference would be that a judge carries out decisions on a law only when the Law needs to be carried out (i.e. crime or dispute). A legislature is able to listen to the wants of the people and decide whether or not they follow the Law. This is not making new laws but rather deciding whether an action can be carried out within the perimeters of the Law.

The main reason that I support a legislature and a judge system is because giving too much power to the judge is dangerous. Using America's terms, we do need "checks and balances" within the government. By dividing up the power and limiting certain actions to certain sections, we are also limiting the power of the government. It keeps the government easier to keep in check with the laws and its binding roles.

In Christ,
Hannah

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PostSubject: Re: Legislature   Tue Apr 14, 2009 9:34 am

So, are you saying that the legislature is basically like a jury? They decide if someone broke the law or not and then the judge passes sentence? I'll admit it is an interesting idea, and I kind of like it. However, do you have any Scriptural support for this? I haven't studied this area yet, so I don't know. Maybe you could bring something up.

Webster's 1828 Dictionary defines legislature this way: LEG'ISLATURE, n. the body of men in a state or kingdom, invested with power to make and repeal laws; the supreme power of a state. He then gives two examples, one from England and one from America. We may be able to use the last part of this definition; namely, "the supreme power of a state" with how I see you defining legislature.

To God be the glory,
-Caleb
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PostSubject: Re: Legislature   Tue Apr 14, 2009 1:52 pm

caleb wrote:
So, are you saying that the legislature is basically like a jury? They decide if someone broke the law or not and then the judge passes sentence? I'll admit it is an interesting idea, and I kind of like it. However, do you have any Scriptural support for this? I haven't studied this area yet, so I don't know. Maybe you could bring something up.

Yes, legislature is, in many ways, a jury. According to scripture, there were two legislatures and a judge (during Moses time that is). In Scripture, the King or God or otherwise appointed offical was defined as a Judge (Deuteronomy 17:16; Isaiah 33:22).

The first legislature was made up of seventy elders appointed by Moses and filled with the Holy Spirit. (Numbers 11:16-17) This body of elders would help make decisions based on the Ten Commandments. They could not carry out the law, but they could make decisions and then bring those decisions before Moses, who would in turn bring them before God.

The second legislature was composed of what was called "judges and officals". These men were appointed by Moses to settle the disputes of the people, the common and minor disputes that is. Any big case or direct violation of the Law could be decided on but the decision was to be carried out by Moses, who would get advise from God. (Deuteronomy 1:13-18)

During the Israelites time, Moses and God were the judges of the people. The decisions were made by the 70 elders and the appointed judges, then the sentence was carried out by Moses, the Priests (in some cases), and God.

Next, we had the rule of the Kings. In this case, the King was the Judge. The King's advisers would make the decisions, bring them before the King, and the King would make the final decision and carry out the Law.

In either case, the legislature did not change the law, only decided how to carry out the Law. And in either case, the legislature did not carry out the Law, the judges carried out the Law.

In Christ,
Hannah

_________________
If you accept my words and store up my commands within you, turning your ear to wisdom and applying your heart to understanding, and if you call out for insight and cry aloud for understanding; and if you look for it as for silver and search for it as hidden treasure, then you will understand the fear of the Lord and find the knowledge of God. Proverbs 2:1-5


Last edited by Hannah Marie on Tue Apr 14, 2009 9:44 pm; edited 1 time in total
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PostSubject: Re: Legislature   Tue Apr 14, 2009 2:07 pm

Um, a little definition here:

1) A legislature makes new law.
2) An executive enforces the laws, carries them out
3) A judiciary judges individuals as to whether they obeyed or disobeyed the laws; and carries out punishments.

So, HM, you might want to re-examine your post in that light.

Israel never had a legislature.
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PostSubject: Re: Legislature   Tue Apr 14, 2009 2:13 pm

von wrote:
Um, a little definition here:

1) A legislature makes new law.
2) An executive enforces the laws, carries them out
3) A judiciary judges individuals as to whether they obeyed or disobeyed the laws; and carries out punishments.

So, HM, you might want to re-examine your post in that light.

Israel never had a legislature.

I am not trying to up hold or abide by today's idea of what legislature is but rather what it should be according to Scripture. The definitions you mentioned are based off of the definitions put forth by modern days understanding of government. Where is the idea of an "executive" found in the Bible? I see judges and legislatures but no executives.

And if God's law is absolute and unchanging than how can legislature make new laws? That is going against God's laws and giving more power to the government to create unjust laws of their own.

In Christ,
Hannah

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PostSubject: Re: Legislature   Tue Apr 14, 2009 2:24 pm

Hannah Marie wrote:
von wrote:
Um, a little definition here:

1) A legislature makes new law.
2) An executive enforces the laws, carries them out
3) A judiciary judges individuals as to whether they obeyed or disobeyed the laws; and carries out punishments.

So, HM, you might want to re-examine your post in that light.

Israel never had a legislature.

I am not trying to up hold or abide by today's idea of what legislature is but rather what it should be according to Scripture. The definitions you mentioned are based off of the definitions put forth by modern days understanding of government. Where is the idea of an "executive" found in the Bible? I see judges and legislatures but no executives.

And if God's law is absolute and unchanging than how can legislature make new laws? That is going against God's laws and giving more power to the government to create unjust laws of their own.

In Christ,
Hannah

Um, actually in history we seem to see the legislative and executive power combined in the role of the king, chief, etc.

As you may know by now, I am fully in favor of Biblical definitions. In which case this is a moot thread, as the word 'legislature' does not appear in Scripture.

Better the question: How should a nations laws be made?

and
How should they be enforced?
How should violators be judged?
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PostSubject: Re: Legislature   Tue Apr 14, 2009 2:40 pm

I think legeslature should have some law-making power (but not too much). There are some laws that can't be written into the constitution, usually because they're just not laws that you would think of until the need comes up. We can't write laws in a constitution that regulate air-segway traffic, because air segways are to us what cars were to the writers of America's constitution. They don't exist.
Another idea would be to have more general laws, with judges to apply the principles of the laws to various cases. But then how would you keep the judges from getting to much power (like the US supreme court did in Roe vs. Wade)?

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PostSubject: Re: Legislature   Tue Apr 14, 2009 2:51 pm

Dr. Hipopótamo wrote:
I think legeslature should have some law-making power (but not too much). There are some laws that can't be written into the constitution, usually because they're just not laws that you would think of until the need comes up. We can't write laws in a constitution that regulate air-segway traffic, because air segways are to us what cars were to the writers of America's constitution. They don't exist.
Another idea would be to have more general laws, with judges to apply the principles of the laws to various cases. But then how would you keep the judges from getting to much power (like the US supreme court did in Roe vs. Wade)?

Your second idea is called 'case law' or 'common law'. It is held in check by the fact that the judges are local officials, and regulated by their own people. They have no federal overriding power as the supreme court claimed in Roe vs Wade.

And, just to be clear, I do not think a 'legislature' can be supported by Scripture.

Perhaps I can get a bunch more blog posts out of that arguement like I did with Hannah?. Any takers?



http://vonstakes.blogspot.com/search/label/hannah%20discussionHannah
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PostSubject: Re: Legislature   Tue Apr 14, 2009 2:53 pm

Dr. Hipopótamo wrote:
I think legeslature should have some law-making power (but not too much). There are some laws that can't be written into the constitution, usually because they're just not laws that you would think of until the need comes up. We can't write laws in a constitution that regulate air-segway traffic, because air segways are to us what cars were to the writers of America's constitution. They don't exist.
Another idea would be to have more general laws, with judges to apply the principles of the laws to various cases. But then how would you keep the judges from getting to much power (like the US supreme court did in Roe vs. Wade)?

One of the ways to keep judges in check is by applying the same rule of legislature review to the judges decisions. Any and all decisions made by legislature are subject to constant review by the government to decide whether or not they uphold God's perfect law. In this respect, we can apply the same rule to Judges. So if the Judges to make a decision like Roe v. Wade (which they techncially can't because it violates life as we have defined it), then that decision is subject for review. If it is found in violation of the Law, it is to be struct down. That way not one part of government has the only say in a ruling but rather every part of government is apart of every decision made.

I ask this question about letting the legislature make laws, where do you limit the power? How can you adequately control the legislature power when you give them that little allowance of creating new laws?

Remember what George Washington said "Government is not reason, it is not eloquence. It is force, and like fire it is a dangerous tool and a fearful master."

That is what I fear in government. Human nature is naturally evil and power hungry. Give it a little leash here and there and that leash will become a long rope that will eventually strangle it's people. That is why government must be held within strict boundaries and abide by a strict and never-changing law.

Also remember this verse: "Woe unto them that decree unrighteous decrees, and that write grievousness which they have prescribed" (Isa. 10:1)

In Christ,
Hannah

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PostSubject: Re: Legislature   Tue Apr 14, 2009 3:14 pm

Quote :
How should a nations laws be made?

A nations laws are already made, they are the laws as put forth in the Bible. And new laws cannot be made by a nation or government.

Quote :
How should they be enforced?

The laws are enforced by the punishments put forth in the Bible.

Quote :
How should violators be judged?

Violators are judged according the punishments and laws put for in the Bible.

In Christ,
Hannah

_________________
If you accept my words and store up my commands within you, turning your ear to wisdom and applying your heart to understanding, and if you call out for insight and cry aloud for understanding; and if you look for it as for silver and search for it as hidden treasure, then you will understand the fear of the Lord and find the knowledge of God. Proverbs 2:1-5
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PostSubject: Re: Legislature   Tue Apr 14, 2009 3:19 pm

Hannah Marie wrote:
Quote :
How should a nations laws be made?

A nations laws are already made, they are the laws as put forth in the Bible. And new laws cannot be made by a nation or government.

Quote :
How should they be enforced?

The laws are enforced by the punishments put forth in the Bible.

Quote :
How should violators be judged?

Violators are judged according the punishments and laws put for in the Bible.

In Christ,
Hannah

You missed the meaning of 'enforced' in my second question. What I meant was, suppose you kill someone. What happens next? Who 'arrests' you?
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PostSubject: Re: Legislature   Tue Apr 14, 2009 4:06 pm

Seeing as the last two posts threaten to pull this thread off topic, Von and I will continue it over PM.

In Christ,
Hannah

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PostSubject: Re: Legislature   Tue Apr 14, 2009 4:43 pm

Hannah Marie wrote:
Seeing as the last two posts threaten to pull this thread off topic, Von and I will continue it over PM.

In Christ,
Hannah

PM and my blog, for those interested:

http://vonstakes.blogspot.com/search/label/hannah%20discussion

I propose to tear Hannah to shreds, so those interested in bloodshed may feel free to tune in Wink
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PostSubject: Re: Legislature   Tue Apr 14, 2009 8:47 pm

caleb wrote:


Most things have a slippery slope. If you give the government decent power, over time, they will abuse it like the example I gave above. A biblically founded nation, if left alone, will eventually slide into heathenism. This is why our motto should be that of the reformation: Semper Reformonde (I hope I spelled that correctly) Always Reform.

I'm not sure if legislature should not be allowed to make new laws or not. I will have to do further research into this. My first thought would be that if we make the Constitution well enough, legislature is unnecessary. We would only need law enforcement agents and judges.

To God be the glory,
-Caleb

I agree. Just one question. If our motto is "Semper Reformonde," how exactly would that play out in the future, when the nation is sliding into heathenism? How could we reform? Are you talking about reform through legeslature?

About the legeslature making laws, I think it would be nice if all the laws were in the constitution. But a constitution written by men cannot be perfect.
I also think there should be a law that food labels should be explicitely honest about things like MSG. As it is, manufacturers can hide it under "natural ingredients" or similar names. I think this is Biblical, because it is dishonest to hide what's in a product you're selling. This is unfair to customers. My point has little to do with this specific law, but it is a good example of a law that people wouldn't think of when writing a constitution. Regardless of whether you agree about the issue of labeling MSG, there are could be countless laws that are based off of Biblical principles and are necessary, but aren't likely to be brought up in the constitution.

Maybe common law could do the trick. Maybe the constitution could say something like, "Sellers must be completely honest about all their products, what the products contain, and how they are made," and a judge could apply it to specific cases.

And what about things like traffic regulation and similar issues? There is nothing Biblically wrong with driving on the left side of the rode (if there is, Jay's probably in trouble Smile ) but the US government made a law that you cannot drive on the left side. This is necessary to protect peoples' saftey. Is it the legeslatures job to make laws like this? Could someone else make these laws?

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PostSubject: Re: Legislature   Wed Apr 15, 2009 3:11 am

Dr. Hipopótamo wrote:

And what about things like traffic regulation and similar issues? There is nothing Biblically wrong with driving on the left side of the rode (if there is, Jay's probably in trouble Smile ) but the US government made a law that you cannot drive on the left side. This is necessary to protect peoples' saftey. Is it the legeslatures job to make laws like this? Could someone else make these laws?

I am expecting to get into issues like traffic regulation and safety standards in the thread "Utilities" which is now in the Queue. This thread is mainly for the question: Should government make laws at all? We all agree that a certain part will apply the existing law, and that another part (or maybe the same part) will execute the existing law, but will any part make laws? I think it ought not to, but then how do we deal with changing technologies? The only way that I see it to work is make the laws general, and applicable to any technology, and then the government would simply apply them. What do y'all say?

With joy and peace in Christ,
Jay Lauser

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I am Sir Emeth Mimetes (knighted to the warfare of truth by the calling of Christ, the Master of my order), and thus, though poorly is it ever met by my feeble abilities, is my mission: to combat those ideas that are rooted in mindsets that are contrary to my Master.
May I never forsake abiding in Him, and may His ways never cease to thrive within my heart, for He only is my strength and hope.
note: emeth is Hebrew for truth, right, faithful;
mimetes is Greek for an imitator or follower.
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PostSubject: Re: Legislature   Wed Apr 15, 2009 7:18 am

Sir Emeth Mimetes wrote:
Dr. Hipopótamo wrote:

And what about things like traffic regulation and similar issues? There is nothing Biblically wrong with driving on the left side of the rode (if there is, Jay's probably in trouble Smile ) but the US government made a law that you cannot drive on the left side. This is necessary to protect peoples' saftey. Is it the legeslatures job to make laws like this? Could someone else make these laws?

I am expecting to get into issues like traffic regulation and safety standards in the thread "Utilities" which is now in the Queue. This thread is mainly for the question: Should government make laws at all? We all agree that a certain part will apply the existing law, and that another part (or maybe the same part) will execute the existing law, but will any part make laws? I think it ought not to, but then how do we deal with changing technologies? The only way that I see it to work is make the laws general, and applicable to any technology, and then the government would simply apply them. What do y'all say?

With joy and peace in Christ,
Jay Lauser

Underlying law, no. Case law, yes.

(and I do not agree to an executive in the way normally meant).
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PostSubject: Re: Legislature   Wed Apr 15, 2009 7:21 am

von wrote:

Underlying law, no. Case law, yes.

(and I do not agree to an executive in the way normally meant).

Are you saying that, no we ought not to allow government (civil magistrate) to create underlying laws, and that yes we ought to allow it to create case laws (which are basically applications of a root law)? Please clarify.

_________________
I am Sir Emeth Mimetes (knighted to the warfare of truth by the calling of Christ, the Master of my order), and thus, though poorly is it ever met by my feeble abilities, is my mission: to combat those ideas that are rooted in mindsets that are contrary to my Master.
May I never forsake abiding in Him, and may His ways never cease to thrive within my heart, for He only is my strength and hope.
note: emeth is Hebrew for truth, right, faithful;
mimetes is Greek for an imitator or follower.
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von



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PostSubject: Re: Legislature   Wed Apr 15, 2009 7:55 am

Sir Emeth Mimetes wrote:
von wrote:

Underlying law, no. Case law, yes.

(and I do not agree to an executive in the way normally meant).

Are you saying that, no we ought not to allow government (civil magistrate) to create underlying laws, and that yes we ought to allow it to create case laws (which are basically applications of a root law)? Please clarify.

Judges 'create' case law when they apply underlying law. Paul did this when he applied the 'ox treading the grain' law to paying elders.
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PostSubject: Re: Legislature   Wed Apr 15, 2009 8:01 am

von wrote:

Judges 'create' case law when they apply underlying law. Paul did this when he applied the 'ox treading the grain' law to paying elders.

And this is good...yes? But not good when they create or overturn a fundamental law like "thou shalt not kill"...right?

_________________
I am Sir Emeth Mimetes (knighted to the warfare of truth by the calling of Christ, the Master of my order), and thus, though poorly is it ever met by my feeble abilities, is my mission: to combat those ideas that are rooted in mindsets that are contrary to my Master.
May I never forsake abiding in Him, and may His ways never cease to thrive within my heart, for He only is my strength and hope.
note: emeth is Hebrew for truth, right, faithful;
mimetes is Greek for an imitator or follower.
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View user profile http://siremethmimetes.wordpress.com
von



Male Number of posts : 166
Age : 55
Location : Texas
Registration date : 16/02/2009

PostSubject: Re: Legislature   Wed Apr 15, 2009 8:11 am

Sir Emeth Mimetes wrote:
von wrote:

Judges 'create' case law when they apply underlying law. Paul did this when he applied the 'ox treading the grain' law to paying elders.

And this is good...yes? But not good when they create or overturn a fundamental law like "thou shalt not kill"...right?

They are not allowed to do so. It is illegal and should be overruled by the higher level or the people.
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PostSubject: Re: Legislature   Wed Apr 15, 2009 8:16 am

von wrote:

They are not allowed to do so. It is illegal and should be overruled by the higher level or the people.

So legislature defined as a group of men who make laws not already made is wrong. Laws may only be applied to individual cases, deriving case laws as needed which do not contradict any other fundamental laws. Right?

_________________
I am Sir Emeth Mimetes (knighted to the warfare of truth by the calling of Christ, the Master of my order), and thus, though poorly is it ever met by my feeble abilities, is my mission: to combat those ideas that are rooted in mindsets that are contrary to my Master.
May I never forsake abiding in Him, and may His ways never cease to thrive within my heart, for He only is my strength and hope.
note: emeth is Hebrew for truth, right, faithful;
mimetes is Greek for an imitator or follower.
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View user profile http://siremethmimetes.wordpress.com
von



Male Number of posts : 166
Age : 55
Location : Texas
Registration date : 16/02/2009

PostSubject: Re: Legislature   Wed Apr 15, 2009 8:31 am

Sir Emeth Mimetes wrote:
von wrote:

They are not allowed to do so. It is illegal and should be overruled by the higher level or the people.

So legislature defined as a group of men who make laws not already made is wrong. Laws may only be applied to individual cases, deriving case laws as needed which do not contradict any other fundamental laws. Right?

Ok, this is cheating. You're forcing me to give away my case against Hannah Smile
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