Date of Award

Spring 2026

Degree Type

Honors College Thesis

Academic Program

Forensics BS

Department

Criminal Justice

First Advisor

Dr. Troy Gibson

Advisor Department

Political Science, International Development, and International Affairs

Abstract

Modern legal scholarship frequently attributes American criminal jurisprudence to Roman structures, Enlightenment rationality, and English common law, which obscures the American system’s roots in Hebraic natural-law value frameworks. The present thesis asks: “To what extent does the American criminal justice system embody core values of ancient Hebrew law, and how does such a framework compare to purely secular models regarding societal stability and equity?” A comparative analysis draws on biblical texts of the Torah, Hebrew wisdom literature, and American constitutional and statutory provisions, tracing a genealogy from covenantal laws of ancient Israel to modern American constitutionalism. Findings indicate preservation of Torahic axes of justice (tzedek), truth (emet), peace (shalom), and mercy (chesed) inside American criminal law, together with only partial adoption of legal positivism, which reduces law to the will of authorities. The Torahic natural-law model offers stronger safeguards for human dignity, prioritizes life over property, and places due process above lawfare. Study of law and religion at the intersection explored here supports the conclusion that renewed acknowledgment of the Torah and the four axes in contemporary legislation can strengthen criminal justice and promote a more ordered and compassionate society. Absent recognition of the true origins of American law, the system risks a crisis of legitimacy; attentive use of the Torahic inheritance for the intended purpose can foster social flourishing as justice and peace meet.

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