Biblical references in the U.S. case law

Abstract

The paper deals with explicit references to Bible in judicial decision-making in the United States. The study of federal and state court opinions reveals the variety of purposes for which judges use biblical passages. An author proposed a twofold typology of judicial biblical argumentation – which was named “argumentum ad Scripturam” – namely functional and subject one. Biblical references in American court opinions are discussed either in terms of their functions or their subject's adherence to particular legal dogmatics. The U.S. case law proves that biblical stories, metaphors and characters can be helpful in explaining and clarifying some legal issues.