RSK 5

The moral law is the Ten Commandments (Exodus .-; Deuteronomy.-) which were dictated directly by God. The judicial (Exodus .-.) and ceremonial law (Exodus .-.) were promulgated through the agency of God’s prophet Moses. The practical importance of the distinction is that the Ten Commandments were regarded as binding on Gentiles and Jews alike; the judicial and ceremonial laws generally only on Jews. The distinction, though without the Christian connotation, goes back at least to the great Jewish philosopher, Philo, who was born in the 1st century B.C.: De Decalogo f; De Specialibus Legisbus ... For him the Ten Commandments constituted the principles of all law. The judicial and ceremonial laws were particular commands. A point that I wish to stress is that, although Stair is aware and makes use of other sources such as the Bible and Cicero, he was unable to break free from the weaknesses of Justinian’s treatment. Mackenzie’s short treatment avoids many problems. This, his Institutions . has:  LAWfi is the Science which teacheth us to do Justice. This Law, in a large acceptation, is divided, in the Lawof Nature; Lawof Nations; And the Civil, andMunicipal Law of each particular country. The Law of Nature comprehends those Dictats, whichNature hath taught all living Creatures, instances whereof are Self Defense, Education of Children: and generally, all those common principles, which are common to Man, and beasts, and this is rather innate instinct, than positive Law. The Law of Nations, is peculiar to Man-kind onely, dictated by right Reason, and is divided into the Original and primarie Law of Nature, that flows from the first and purest principles of right Reason; such as reverence to GOD, respect to our Country and Parents. And the secundarie, and consequential Law of Nature, consisting of those general conclusions, in which ordinarily all Nations agree, and which they draw by way of necessary consequence, from the first principles. And under this part of the Law of Nations, are comprehended, theObligations arising frompromises, or contracts, the liberties of Commerce, the ransoming of Prisoners, securitie of Ambassadors, and the like. Civil, or Municipal laws, are the particular Laws, andcustomes of every Nation, or people, who are under one sovereign power.

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