Judaism and the Foundations of American Law - Part 1

When I first proposed the subject "Judaism and the Foundations of American Law" as a potential course for adoption within Fontbonne University’s Dedicated Semester to Judaism and its Cultures, one of my distinguished colleagues, Professor Jason Sommer strongly encouraged me to pursue it. In support, he cited Max Dimont’s seminal work, Jews, God and History that had been published in 1962. There, Professor Dimont made the following assertions:

"The statement that the American system of law is based upon Roman concepts has been made so often that we take it for granted, without examining the source from which Roman laws stem. The remarkable resemblances among Roman law, present-day American law, and Jewish jurisprudence in Biblical days is [sic] more than mere coincidence. The Jews devised, four centuries before Christ, a legal system based on the dignity of man and individual equality before the law, while Europe still had trial by ordeal as late as the fifteenth century.

"The rabbis viewed law as a vehicle for justice; laws without justice were regarded as immoral. Even though the Jews in those days had no jury system, the procedures for the indictment and trial of an accused person were similar to the procedures in American courts today. The accused was presumed to be innocent until proved guilty. He had a right to counsel and to a proper trial. He had a right to call witnesses, to confront his accusers, and to testify in his own behalf. He could not be compelled to testify against himself, and he could not be placed in double jeopardy. The accused individual was permitted to appeal, or have others appeal in his behalf, if new evidence should turn up." (Dimont, 82)

Upon these assertions, Dimont concluded that Judaism had played a significant role in providing foundations for American law. He did not, however, develop that thesis in his 1962 work beyond planting the seeds that are deposited throughout the passage I have just quoted. The task of tending and cultivating the thesis would be taken up by other scholars.

(This is the first of several installments from a lecture I recently presented at the Jewish Community Center of St. Louis. I intend to post successive parts from the lecture over the coming few weeks.)