I understand your point, you believe that our sytem of Law is based upon a Moral ground. The historical truth is that it is based upon the desire to control and protect property rights.
Our system of law is based upon English Common Law. THis is the law as Judges in the 1050-1600s applied the law. These were judges appointed by the Normans subsequent to their invasion of England. The purp[ose of these judges was to legitimize the confiscation of lands held by Saxons (later the Welsh, Scots, and Irish).
Almost all laws are based upon the ideal of the protection of property (divorce, death, criminal law, contract law, slavery, torts, courtroom procedure, and and any other form of law you can name, is based upon in whole or in most part on property law).
Rape was a crime against property with a probable fine (ifyou had the coin to pay it. Penalties were harsher for those who did not have the coin (but it was for not having the coin, not commiting the rape). Theft was more likely to resort in hanging, than Murder.
The European wars we read about were disputes between relatives over assets. Does it surprise you that Oil is an issue in the current conflict.
These laws and Judges were under criticism of the Pope and or various protestant groups during almost the entire period. Classic example is the Pilgrims that fled England and then Europe to try and establish a set of laws based upon their religious beliefs. Ever heard of the Salem witch trials?
Religious Issues only began to seep in when England, in the guise of King Henry the 8th, decided they didn't want to be subject to the Pope or other religious dogma. The Anglican Church was founded, and the legal system them began to incorporate religion into the legal system. The rational was to force citizens to adopt the religious views of the king (or Cromwell during his exploits).
The reason that we have a separation of Church and State is to protect against the idea of a state religion, or an assertion that we are a land where religion, and not law dictates our societal interaction.
The Justinian Code (an ancient legal code-first in Europe) was established to lessen the power of the church, and to reassert the power of the state to define legal standards. This was at a time when everybody believed whatever the overseer believed. That was why Rome had so many variations of so many gods.
I write all of this not because I don't think we shouldn't our lives in a moral way. I just think everybody should realize that what many view as a moral life will put them in conflict with the law.
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