The Christian Foundations of the Common Law: Passing of a Great Tradition By Ian Wilson LL. B
Augusto Zimmerman has just published a very solid piece of jurisprudence, Christian Foundations of the Common Law, Volume 2, The United States, (Connor Court Publishing, 2018). It is excellent that in these dark and degenerate times, there are still scholars, and publishers investigating the Christian traditions that gave us the modern world, and the liberties that unfortunately are disappearing by the day. But, unless we have some idea of that the truth is, we will live forever in a world of unending error.
The book covers a vast array of American historical material, which may not be necessary to summarise for our readership, since the fundamental argument would be accepted by most of us. The textual evidence from the writings of the American founding Fathers, such as Benjamin Franklin, George Washington, Thomas Jefferson, Alexander Hamilton, James Madison and John Adams, indicates that Christian faith motivated these men to do what they did and write what they wrote. A good example to take here is Thomas Jefferson, whom the atheists claim as one of their own. But, Jefferson was not opposed to the belief in God, but only to the establishment of a national church, being committed to individual liberty. It is shown that Jefferson was in fact a Christian, and not an atheist.
The American constitution is also shown to be founded upon Christian moral principles, which refutes the idea that this document is a secular document because, unlike other nation’s constitutions, it does not explicitly mention God. But, Christian principles are woven into the basic philosophical foundations of the document, in expounding the moral values of freedom, justice and the common good.
All of this is excellent, but, if this was the examination of a student thesis one would ask: where is the detailed examination of the common law, the way law is regarded by courts, that part of law derived from custom and judicial precedence rather than statute? There is some mention in the text, but the book only gets its teeth into this question in the last chapter, “The Threat of Judicial Activism,” a brief chapter, pp. 206-216. It is clear that from Roe v Wade, which justified abortion on demand via the constitution, to the same sex marriage decision in Obergefell v Hodges (2015), that the US Supreme Court is making up the law as it goes, according to politically correct ideology. Simply reject the constitutional principle of originalism, finding meaning according to the original intention of the Founding Fathers, and substitute a living interpretation, that the values of today rule, and the elites get what they want. Ultimately, anything goes. The present bitter battle in America at the moment over the appointment of Brett Kavanaugh, an originalist, reflects this battle, perhaps America’s final one before an inevitable Civil War 2.0.
The problem only touched on in this otherwise fine book, is that the takeover of the courts, like the universities and other institutions of society by the cultural Marxist elites, has led to the virtual abandonment of the Christian common law tradition. This is seen most evidently in the astonishing cases coming from Europe where not only has the rule of rule has seemingly broken down, but what remains of the system is used against critics, usually white, who are imprisoned for speaking out. No good will come from this:
Cautions over rape and sex crimes against children? Where is the rule of law here?