This development of Hebrew jurisprudence along lines of written and oral
law, Pentateuch and Talmud, Mosaic ordinance and time-honored tradition,
seems to have followed in obedience to a general principle of juristic
growth. _Lex scripta_ and _lex non scripta_ are classical Roman terms of
universal application in systems of enlightened jurisprudence. A
charter, a parchment, a marble column, a table of stone, a sacred book,
containing written maxims defining legal rights and wrongs are the
beginnings of all civilized schemes of justice. Around these written,
fundamental laws grow and cluster the race traditions of a people which
attach themselves to and become inseparable from the prime organic
structure. These oral traditions are the natural and necessary products
of a nation's growth and progress. The laws of the Medes and Persians,
at once unalterable and irrevocable, represent a strange and painful
anomaly in the jurisprudence of mankind. No written constitution,
incapable of amendment and subject to strict construction, can long
survive the growth and expansion of a great and progressive people. The
ever-changing, perpetually evolving forms of social, commercial,
political, and religious life of a restless, marching, ambitious race,
necessitate corresponding changes and evolutions in laws and
constitutions. These necessary legal supplements are as varied in origin
as are the nations that produce them. Magna Charta, wrung from John at
Runnymede, became the written basis of English law and freedom, and
around it grew up those customs and traditions that--born on the shores
of the German Ocean, transplanted to the Isles of Britain, nurtured and
developed through a thousand years of judicial interpretation and
application--became the great basic structure of the Common Law of
England.
What the Mosaic Code was to the ancient Hebrews, what Magna Charta is to
Englishmen, the Koran is to Mahometans: the written charter of their
faith and law. Surrounding the Koran are many volumes of tradition, made
up of the sayings of Mahomet, which are regarded as equally sacred and
authoritative as the Koran itself. These volumes of Mahometan tradition
are called the Sonna and correspond to the Talmud of the Hebrews. An
analysis of any great system of jurisprudence will reveal the same
natural arrangement of written and oral law as that represented by the
Pentateuch and the Talmud of the Jews.
Public-domain text, read in full here on John Shaqi.
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