Christian jurisprudence: or, God and law

September 30th, 2007

In the Jewish and early Christian scriptures, the ‘Messiah/seed/new-Adam’ figure was God’s agent to heal the world of its ills. The Jews looked for him; the Christians believed he was Jesus. Today I discovered a note I made some time ago about this, regarding the role of the legal system: “It is God who incarnates the Messiah/seed/new-Adam figure, not the Law.”

This is an important observation for those interested in working out what part ‘Christian morality’ should play in our modern legal system.

My note is based mostly on St Paul’s argument about the insufficiency of Israel’s theocratic legal system (Romans 8). He says that Isreal’s legal system could not do the work of the Messiah, because it was unable to forge from mankind any representative that was faithful to God’s basic intent. Put in other words, Israel’s laws couldn’t create any real hope for the future of humanity: all they could do is show up our weaknesses.

Righto. But Paul goes on to say that, what the Law could not do, God did: sending Jesus as the representative and hope of humanity. And in Jesus’ resurrection, we saw humanity go to death and come out the other side.

So – it is in Jesus, not the law (and not even a theocratic Law) in which we find our real hope.

Therefore, Christians concerned about the failure of the law to reflect “God’s standards” may rest easy. Whatever the laws made by our present governments, God’s character and holiness has already been firmly and fully expressed in Jesus. This burden of expresison no longer falls to any legal system.

What then is the law? Well, in my view, it is a mechanism to allow people to develop their full humanity: aiming at the good and countering the evil. It is a tool for restoration, for justice, a means to help reduce the sum total of injustice rather than an expression or enforcement of perfect public and personal morality. Put another way, a modern legal system provides the practical room and direction for the redemption that Jesus has already secured completely and in principle.

Importantly then, this does not require particular behaviours to be always and in every place made illegal (which is the semi- or mostly-held view of many conservative Christians). Prostitution, for instance, though not God’s intent for sexuality, is nonetheless not to be made illegal, merely because it attracted the death penatly under Isreal’s law. The same goes for adulterous and homosexual acts. Why? Have God’s intentions changed? No, but Jesus has become the better, permanent and effective expression of God’s intent for humanity, and He alone supports the whole of the messianic burden.

So let me repeat the crucial point: no legal system bears (any longer) the burden of forging a messianic human identity. Such has already been done in Christ.

However, this is not to say that the law should be indifferent to the requirements of redemption, or to the inculteration of good and the banishment of evil. Far from it! But what redemption requires, in a given time and place, depends on the character and culture of the people for whom the laws are made.

Greater forces than the law are always at work, and the legal framework must constantly respond to the current situation, bringing about as much justice and impetus for redemption as possible. Here and now, prostitution might better be decriminalised; there and then, it might best be illegal. We must always have ready that most infuriating (but demanding) qualification, “it depends”.

And therefore, we should pray for the lawmakers. They need a great deal of wisdom!

Congratulations Lynton & Anna

September 5th, 2007

Why does Jesus matter?

July 7th, 2007

Jesus was a Jew, and the Jewish people had always thought that they had a special place in the plans of the god who they believed created the world. Many of their ceremonies and laws and buildings reflected this – for instance, their most sacred Temple was a symbolic recreation of an original Edenic paradise, which the creation myth said was ruined by mankind, and which their prophecies said would grow to cover the whole world, one day.

It is against the backdrop of this Jewish story about the universe that Jesus’ life unfolded. When he came of age at 30, he began making extraordinary claims – most of which were very controversial, and many of which were considered sacriligious or even blasphemous. His chief claim was that the propesied blessing of the creator god would come about through himself and his own work, rather than the centrepiece Temple. Perhaps even worse, he alleged that his own Jewish people had failed to keep faith with that creator god, and that therefore they would lose their special place in his plans.

Jesus made both political and religious life so controvesial that the Jewish leadership contrived to have him crucified for rebellion by the Romans. However, this only turned out to be a masterstroke of table-turning. For, after three days, Israel’s god resurrected him to life. This showed beyond all question that the creator had made Jesus the means by which all the old prophecies would be fulfilled – the means by which all the hoped-for blessings would arrive. And so Jesus’ death and resurrection is what Christians celebrate every year at Easter.

After he rose, Jesus appeared to many people, including his group of 12 closest followers, and told them to shortly begin spreading the word of what this meant. These followers became the core of an ever-growing movement. They re-read all the old prophecies and stories of Isreal, and, in the light of the resurrection, realised that their fulfilment had begun. Filled with an extraordinary hope and delight, they began telling everyone – first their fellow Jews, and then their puzzled non-Jewish neighbours around Israel – that Israel’s god had begun the restoration and healing of the world. And they invited the equal participation of all in a new order. They established a memorial meal of peace and fellowship as a central act of their meetings, laying aside former barriers like race, wealth, status, gender, age, customs, and even personal wrongs. They transformed their communities.

In the ancient world, these sorts of forgiveness meals, and the new communities they established, were unprecedented. People simply did not act this way. It was subversive. It threatened the usual methods of acquiring, showing, keeping and enforcing power. It was so dangerous that many of the earliest Christians paid with their lives. They were as religiously and politically dangerous as the Jesus they followed.

But why were they prepared to do this? It is because they had come to embrace the story of Jesus. In Jesus’ life and words they heard the call to a new way of being human, a way that represented the best of humanity and a foreshading of what god intends for us. In the resurrection they saw the defeat of death, and so were prepared, in taking up this new humanity, to die themselves. In their own lives, and by the witness of community renewal, they experienced god’s transforming forgiveness. And if the renunciation of the old way of being human should end in death, so be it. A new way and a new future had been definitively opened.

Captured by the story of Jesus, they trusted the hope of a renewed present and a gloriously transformed future.

And that is why Jesus matters. In him, the whole universe stands renewed, ready for participation by any who would reject the old ways of being human.

That means you and me.

Do go on…

June 23rd, 2007

I confess that I find this post, video and accompanying comments (via DM) one of the FUNNIEST EVER.

Yes, that’s right. Now go click, dammit.

A cloak for emptiness

June 23rd, 2007

Why is it that eastern-style religion is so attractive to those whose first faith is me-first capitalism?

May 23rd, 2007

Hmmm. I turned up to write something and then …

May 3rd, 2007

Matt’s blog makes me want to write something.

s3

January 16th, 2007

New look. Prolly won’t stay this way. Comments still exist; they’re just not being counted for some reason. Also need to restore people’s registrations. Work in progress, etc etc.

UPDATE: Everything restored & working. Cheers for your comments.

A brief history of knowledge

January 6th, 2007

Especially in pre-literate cultures, knowledge was once thought sacred and powerful. It was the rightful property of priests or priest-kings. It was given only to selected initiates. Knowledge of the world, and of the words that manipulated it, was personal. Personal trust in the speaker was therefore an indispensible part of knowing something.

Read the rest of this entry »

The virtue of competition

December 21st, 2006

Price is what you compete on when you’ve nothing else left — no convenience, premium features, feelings associated with a brand, usability, lower total cost of ownership.

In a crowded market competing on more than just price, fierce competition can therefore be highly virtuous. Competitors can be genuine good guys. Read the rest of this entry »

Throw-away comment

December 8th, 2006

In my view, Windows Vista is immoral. It requires so much computing power and space that most people (and certainly most businesses) will have to upgrade their stock of Microsoft PCs. What happens to the old stuff?

Integration

December 4th, 2006

It’s been something of a relief not to blog for a while. The original reason was that work got too busy.  Read the rest of this entry »

Top 10 Business Myths

October 9th, 2006

well, for geeky startups, anyway.

Pleasure and…well, giggles

September 29th, 2006

The pleasure part is that our fourth employee just joined us. Awesome.

The …well, giggles part is this post. Apparently (among other interesting analysis) I attempt to be pious but “seethe with desire”.

! ! !

Methinks (knowing what was actually going on when I wrote the post to which he refers), that projection plays a large part in interpreting a stranger’s words.

Also, apparently I believe that to be without God is to be like Gollum. Whereas I thought I was saying something quite a bit more personal than that general proclamation.

But never mind! I am content. Public writing deserves its interpretations.

September 18th, 2006

interesting site about Islam

September 11th, 2006

I received an email from a friend who knows the principal of a school in Dodoma, capital of Tanzania (East Africa). She desparately needs a teacher for a year 7 class from Oct through June (or any part thereof?). The volunteer they had lined up has pulled out at the last minute. The school is Canon Andrea Mwaka School and is run by the Anglican Church Missionary Society for local and missionary children at both primary and secondary levels. They have tried all the formal avenues they usually use to recruit people and have come up with nothing.

Ideally they’re looking for someone with teacher training. The class is small (under 20?) and school is within the CMS guarded compound where the teacher would live. A living allowance, accomodation and home help are all provided. Couple of relevant links are:

opportunities

the Diocese

Do you know of anyone who might be interested? They can contact me for details. Do you know of anyone who you think might know someone? If yes, please pass this message on.

September 10th, 2006

vaporise trash & create electricity

A link or two while busy

September 1st, 2006

The Impact of “Ambient Findability”: What happens to memory, authority, & education, when everything is instantly findable? What impact will it have on ‘knowledge’, and on trust in personal relationships? Author Peter Morville answers some questions and hints at others…

Info-overload harms concentration more than marijuana

(thanks to Trent for both links)

With sorrow I note the passing of Lord Cooke of Thorndon. He stood equal with England’s Lord Denning as my favourite activist judge when I was a law student.

His immediate political impact was to clarify the meaning of the Treaty of Waitangi in legislation that referred to its principles being upheld. But his particular impact on me was to assert that the strength of the common law may stand as a bulwark against an ostensibly sovereign Parliament. That is,

…it is arguable that some common law rights may go so deep that even Parliament cannot be accepted by the Courts to have destroyed them. (Fraser v State Services Commission [1984] 1 NZLR 116)

and,

I do not think that literal compulsion, by torture for instance, would be within the lawful powers of Parliament. Some common law rights presumably lie so deep that even Parliament could not override them. (Taylor v New Zealand Poultry Board [1994] 1 NZLR 394 at 398)

I do not know what Lord Cooke thought, but to me his dicta were an appropriation of Christian covenant structure. Or, put another way, they rest on the authority of God’s common grace. Certain rights belong to humans because God is in covenant with them, and by God’s grace those rights have been continually recognised – especially in societies influenced by the gospel. No body (such as Parliament) should be held able to abrogate such deep rights.

Whether or not Lord Cooke would have built his case that way, it seemed to me a deeply significant position to hold. And I have greater confidence in New Zealand’s ‘legal capital’ – its store of wisdom – because of it.

A fuller discussion of Lord Cooke’s influence on this point may be found here.

cool stuff

August 29th, 2006

Typing on your clothes
Making cancer cells commit suicide

The flow of the first 5 commandments

August 21st, 2006

In thinking through the foundational issue of humans representing God to the creation, I am very tempted by the view that graven images were prohibited simply because humans were already appointed as God’s images.

If I am right then perhaps the first 5 commandments have a logical flow. After Eden’s disruption, do they re-establish in Israel (the light to the nations, remember) the proper relationship between God and humans?

1. I am to be your only God
2. You are to be my only images
3. Bear my Name faithfully
4. Show your allegiance by observing Sabbath
5. Observe familial duties.

The first is obvious; the second flows from my observations about us as God’s only appointed image-bearers. The third should be obvious: if you appoint someone to go forth in your name, then you expect them to act faithfully with that name and to bear the sort of fruit you want. So, employers expect employees (and sports team managers expect their players), at the very least, not to bring the firm or the team into disrepute.

The fourth may be less obvious, but consider this: to copy God is a good sign of willingness to be His faithful image, to align oneself openly with Him. Copying God is the rationale for the commandment to rest on the Sabbath day, first given as Isreal leaves Egyptian slavery. But when Israel is about to enter Canaan, Moses changes the rationale to God’s display of strength during the Exodus event itself. This is significant because observing Sabbath weakens the agricultural and pastural nation of Israel, and highlights her dependence on God to supply their food, and to make the ground sufficiently productive.

This highlighting is even stronger with the command to observe Sabbath years – to leave the ground unworked every seventh year. Set against the Genesis background of cursed and unproductive ground, the regular prohibition of work therefore creates a basic question of trust that recapitulates the testing of Adam and Eve. Whose word would Israel rely on to understand their world? Sabbath declares their allegience.

The fifth commandment, requiring honour to father and mother, stipulates that the fundamental ethic of creation (faithful representation) must be practiced in every family structure (each with children being like a miniature new creation). The reason given is hugely significant. Israel is promised long life in the land if parents are honoured, so setting the blessing for faithfulness directly against Adam and Eve’s explusion for unfaithfulness. Once again, Eden is being recapitulated with Israel.