January 19 2011

Scots Law and the Bible

So, the study of law is not entirely without merit, and the legal consequences of everyday actions sometimes just pop unbidden into one’s head. I thought I’d analyse some biblical passages with the help of the law of Scotland, for my own amusement and the enlightenment of the masses*

Jacob and Leah/Rachel: the first marriage would be void through deception - he thought he was marrying Rachel - and so could simply be discarded, leaving Jacob free to marry Rachel without having to work for a further 7 years.

Pharaoh breaking his promise to let the Israelites go: Under the Requirements of Writing (Scotland) Act 1991, writing is required for a gratuitous unilateral agreement unless constituted in the course of a business… so Moses wouldn’t have a remedy for breach of promise. However, there’s an exception to this if promissee acts or refrains from acting in reliance on promise with knowledge and acquiescence of the promisor, then the promisor cannot withdraw and the promise is valid - so later on, Pharaoh shouldn’t have chased the Israelites. Then again, had that been the case, God wouldn’t have displayed his mighty and awesome power in parting the sea and destroying the Egyptian army, so just as well that the Israelites didn’t take Pharaoh to the Court of Session… But besides, Pharaoh may well have a defence that he’d only made the promise under force and fear, rendering it void. 

The man who sold all he had to buy a field with treasure in it: buried treasure belongs to the Crown (Lord Advocate v University of Aberdeen), so there wouldn’t be much point in doing so.

Succession law consequences of the prodigal son: as his father advanced his estate to the son during the father’s lifetime, when the father died the son would have forfeited his right of legitim (children’s automatic right of inheriting a half or a third of the deceased’s estate, even if otherwise provided for in a will). 

Romans 7 - dying to our “marriage with sin” - if a missing person is declared to be dead and their marriage dissolved, the dissolution will not be invalidated if the missing person turns out to be alive, and the marriage will not be revived. SO analogy works today too.

*note again, I am a law student… having my perception warped so that I find somewhat boring things interesting comes with the territory.

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I no longer post here, really, except sporadically, so come say hello at Baking and Life

I post what I like and I like what I post. I am a law student, which kills my spare time, but I somehow manage to find time to bake and to knit and to see people. Occasionally. I could pencil you in in about 4 months, perhaps? FYI, I dislike closing paragraphs in html tags. For more about me, try the About Me page

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