Ten Commandments basis of legal system and are fitting in courtroom

I want to comment on Jeremy Pepper's article titled "Leave your religion out of my courtrooms" (March 13).

As I understand Mr. Pepper's argument, he states that "The display of the Ten Commandments in a court of law is going to be offensive to some people" and rallies behind over-used and abused cry of "separation of church and state."

Besides these two basic principles of his argument, he proceeds to pad his argument with sarcasm toward the state of Alabama, Roy S. Moore, Governor James, and the House of Representatives, as if this will give more credibility to his argument.

My suggestion to Mr. Pepper, and others of like mind, is to examine the Ten Commandments from a historical perspective instead of a religious one, since you have such a problem with religion and anything that smells of it.

You have to ask yourself, historically, why are the Ten Commandments so important to our legal system. As I understand it, as you enter the Supreme Court building, you will come upon a marble wall with the Ten Commandments chiseled upon its surface.

This is more than some obscure circuit judge in Alabama, but the Supreme Court we are dealing with now.

But maybe, just maybe, we have valid reasons behind these displays of the Ten Commandments.

Let me explain why the Ten Commandments are so important, historically, to our modern day legal system. Before the Ten Commandments were introduced roughly in 1700 B.C., the whole of legal thought was based on the Hammurabi Code, which is casuistic in nature. What this means is that if "x" crime is committed, then the punishment is "y" - if I steal, my hand is chopped off.

What happened with the Ten Commandments is that another type of law was introduced: apodictic law. This law merely stated that one must not perform crime "x" - "Thou shall not commit murder."

Punishment is not yet determined in this equation, which allows for a much more flexible system. Before, the extent of the crime, whether you stole a piece of bread or a cow, didn't really matter: the punishment was the same. With apodictic law, we create a system that is flexible, preventive (instead of cause-and-effect oriented), more humane, the punishments fit the crime, and it allowed room for equality in judgment.

A whole mode of thought encapsulated in 10 simple laws.

I feel that the Ten Commandments have played an extremely significant role because they are - this conclusion is determined by historical fact, not some need of individuals to force their beliefs upon the masses - the foundation of our modern legal system. Consequently, I think it is extremely apropos that they should not only be displayed in the circuit courtroom of Roy S. Moore, but also in the Supreme Court.

By Dan Mackey (letter)
Arizona Daily Wildcat
March 24, 1997