punishment of offenders whether individuals or whole peoples. Lloyd (1970) says that the Hebrew prophets ceaselessly reiterated the imperative character of God's law, the obligatory character of that law upon rulers and people alike, and the condign punishment that God would inflict on those who disregarded his decrees.
The Hebraic view of divine law was that the law had to be obeyed as an integral part of man's obligations to God (Dorff, 1977). The biblical system of law, which governs all aspects of human behavior encompasses within itself an elaborate Code which guides the individual, qua individual, as well as his relationships with others in society (Walter, 1999). While conformance with this Code is purely voluntary in Judaism, as enforcement measures outside of God's own actions are not available to ensure compliance, there are some critical differences between what motivates an individual to obey Halakha and American law.
Fundamental to the principle of obedience and obligation implicit within the American legal system is the recognition that violations of the law can result in sanctions of a criminal or civil nature (Corwin, 1971). Based as it is on democracy and democratic constitutionalism, the American legal system assumes a common agreement on the part of the members of society to accept constraints on individual behavior and freedom of action. While American law draws heavily upon some of the fundamental principles in Jewish law, compliance with American law is voluntary only to the extent that violators or law breakers are willing to accept often very harsh punishments for noncompliance.
Corwin (1971) contends that American law draws heavily upon what is known as "higher law," or law that originates in the divine or the natural. Constitutional law is based upon a social contract that seeks to protect the rights of individuals while securing harmony and order within the state (Corwin, 1971).
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