The Highway Forums General Discussion Open Forum Lex Rex

Lex Rex," a Latin phrase meaning "The Law is King," is a principle that emphasizes the supremacy of law over the authority of rulers. This concept is foundational in Western legal thought and has significantly influenced the development of English law. Let's explore how the Bible underpins this principle and the broader framework of English law.

Lex Rex: The Law is King
The principle of "Lex Rex" was articulated by Samuel Rutherford, a 17th-century Scottish theologian, in his work "Lex, Rex: The Law and the Prince." Rutherford argued against the divine right of kings, which claimed that monarchs were above the law. Instead, he proposed that the law itself is sovereign and that rulers are subject to it. This idea helped lay the groundwork for constitutionalism and the rule of law, asserting that:

Law is Supreme: No one, not even the king, is above the law.
Government Authority is Derived from the Law: Leaders are accountable to the law and the people they govern.
The Bible as the Foundation of English Law
The Bible has had a profound influence on the development of English law, embedding principles of justice, morality, and governance within its legal system. Key aspects include:

Moral and Ethical Guidance:

The Ten Commandments (Exodus 20:1-17): These biblical laws have influenced Western legal codes, particularly in areas like prohibitions against murder, theft, and perjury.
Leviticus 19:18 (ESV): "You shall love your neighbor as yourself: I am the Lord." This principle of loving one's neighbor has informed the development of laws promoting social justice and the common good.
Principles of Justice:

Deuteronomy 16:18-20 (ESV): "You shall appoint judges and officers in all your towns that the Lord your God is giving you, according to your tribes, and they shall judge the people with righteous judgment. You shall not pervert justice. You shall not show partiality, and you shall not accept a bribe, for a bribe blinds the eyes of the wise and subverts the cause of the righteous. Justice, and only justice, you shall follow, that you may live and inherit the land that the Lord your God is giving you."
These verses emphasize the importance of fair and impartial justice, a cornerstone of English common law.

Equality Before the Law:

Galatians 3:28 (ESV): "There is neither Jew nor Greek, there is neither slave nor free, there is no male and female, for you are all one in Christ Jesus." This concept of equality has informed the development of laws that protect individual rights and promote equality before the law.
The Role of Covenants:

The idea of covenants, agreements made before God, has influenced the formation of legal contracts and treaties. Biblical covenants, such as those between God and Abraham or God and Moses, underscore the importance of faithfulness and obligation in agreements.
Historical Development
Magna Carta (1215):

This seminal document, often considered a cornerstone of English liberty, was influenced by biblical principles of justice and fairness. It established that the king was subject to the law, embodying the principle of "Lex Rex."
Common Law Tradition:

English common law has been shaped by biblical concepts of justice, morality, and equity. Judges often referenced biblical principles when making decisions, embedding these values in the legal system.
Reformation and Beyond:

The Protestant Reformation, with its emphasis on returning to biblical texts, further reinforced the influence of the Bible on English law. Reformers like John Calvin and later thinkers like John Locke drew on biblical principles to argue for governance based on the rule of law and the rights of individuals.
Conclusion
The principle of "Lex Rex" asserts the supremacy of law over rulers, a concept deeply rooted in biblical teachings. The Bible's influence on English law is evident in the emphasis on justice, morality, equality, and the rule of law. These biblical foundations have helped shape a legal system where the law is king, ensuring that all, including those in power, are subject to its authority.