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Author Topic: Jesus Gets His Day in Court  (Read 5191 times)
loneash
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« Reply #15: September 09, 2007, 10:16:57 pm »

At this time it was often sort of mix. The local courts did their own thing with locals (non-Romans), but major decisions had to be confirmed by the Romans. The trial of Jesus by the Sanhedrin as reported in the Gospels would have been highly irregular according to Jewish law at the time -- for example, it should not have been meeting at night.

Reguardless of whether it was a mixed court, a Roman court, or a Judaic (the later would certainly have been a religious court), today you can not go back and see if there was anything fair or unfair about it.

The 4 gospels would have to be treated as hearsay evidence in a court today.  There is essentially no other eveidence.  And if by chance a few fragments could be found, the chage of potential tampering as well as incompete effidence could be levied.

You could not convict most persons who were tired even in an Am colonial court for the same reasons.

I don't always agree with the law, but an honest (?) attempt to be fair should always be made.
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Jorgath
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« Reply #16: September 09, 2007, 11:57:26 pm »

Reguardless of whether it was a mixed court, a Roman court, or a Judaic (the later would certainly have been a religious court), today you can not go back and see if there was anything fair or unfair about it.

The 4 gospels would have to be treated as hearsay evidence in a court today.  There is essentially no other eveidence.  And if by chance a few fragments could be found, the chage of potential tampering as well as incompete effidence could be levied.

You could not convict most persons who were tired even in an Am colonial court for the same reasons.

I don't always agree with the law, but an honest (?) attempt to be fair should always be made.

I don't know about Rome, but American law was primarily operating off of Common Law until after the Civil War.  Was Roman law codified?

Source: My ethics professor, who is awesome.
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« Reply #17: September 10, 2007, 08:07:05 am »

I don't know about Rome, but American law was primarily operating off of Common Law until after the Civil War.  Was Roman law codified?

Roman law, as I recall, operated on what today would be considered "civil law" not "common law" the laws were only what were codified.
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Jorgath
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« Reply #18: September 10, 2007, 11:31:14 am »

Roman law, as I recall, operated on what today would be considered "civil law" not "common law" the laws were only what were codified.

Ok, cool.

In any case, if we were to engage in the stupidity of applying modern standards to a 2000 year old event, then Jesus' case was a human rights abuse whether or not he got fair trial because crucifixion is cruel and unusual punishment by our standards.
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« Reply #19: September 10, 2007, 05:30:04 pm »

crucifixion is cruel and unusual punishment by our standards.

I believe the legal term that applies here is "ex post facto" since it was a legally accepted practice in the time and place it was done
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« Reply #20: September 10, 2007, 07:49:08 pm »

I believe the legal term that applies here is "ex post facto" since it was a legally accepted practice in the time and place it was done

Which, in a slight bout of irony, is in Latin.
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« Reply #21: September 10, 2007, 10:28:20 pm »

Which, in a slight bout of irony, is in Latin.

I hadn't thought about that, but you do have a point  Shocked
Then again, our legal system draws heavily on Roman models
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