Theonomy rightly believes that political theory must be deduced from Scripture, but it misinterprets Scripture – namely the law given to Israel and covenant theology as a whole.
Theonomy is the starting presumption that the Old Covenant judicial laws given to Israel have not been abrogated therefore all civil governments are morally obligated to enforce them (including the specific penalties) and furthermore that all civil governments must refrain from coercion in areas where Scripture has not prescribed their intervention (the “regulative principle of the state”).
Defining Our Terms
Etymologically, theonomy simply means “God’s law.” However, the phrase was used by Greg Bahnsen in the 1970s to describe his presuppositional political philosophy in contrast to “autonomy” (man’s reason independent of God’s revelation). This post addresses theonomy as defined and defended by Bahnsen. (If you think theonomy has a broader definition, that is a separate discussion we can have. For the purposes of this post, theonomy is being defined according to Bahnsen’s theonomic thesis). Bahnsen argued that
[T]heonomy teaches that civil rulers are morally obligated to enforce those laws of Christ, found throughout the Scriptures, which are addressed to magistrates (as well as to refrain from coercion in areas where God has not prescribed their intervention)… Political codes today ought to incorporate the moral requirements which were culturally illustrated in the God-given, judicial laws of Old Testament Israel… “He who was punishable by death under the judicial law is punishable by death still.”What Is “Theonomy”? PE180 New Horizons (April, 1994)
Likewise, Brian Schwertley summarizes
The core teaching of the modern theonomy movement on the law (we will not defend all the side issues) is basic and easy to defend. All the Old Testament laws that are moral in content, that were given as a standard of personal or social ethics, are binding on all men (both Jews and Gentiles) for all time (both the Old and New Covenant administrations).
Therefore, not only the Ten Commandments are obligatory but also the moral case laws that are extensions, explanations and applications of the commandments (e.g., homosexuality, incest, bestiality, fornication, fraud, burglary, assault, attempted murder, manslaughter, etc.). In addition, the civil penalties attached to the moral case laws are declared by God Himself to be just and superior to the best laws of the heathen nations and thus are not mere suggestions but are required as well.
That being said, theonomists do not always agree with each other regarding particular Old Covenant judicial laws. Bahnsen therefore clarified that even when they do not agree, there is still nonetheless a distinct, definable view called “theonomy.”
Theonomic ethics is a definable and distinct school of thought. That school of thought is unified by certain fundamental principles of Biblical reasoning about ethics (“ethical hermeneutics or meta-ethics,” if you will) — rather than by unanimity in the particular application of those principles to concrete issues or cases… There certainly is a commonly held set of distinctive doctrines which are known as the theonomic viewpoint…
Close Resemblances: Is Everyone a Theonomist After All?
[T]here is an objective and precise difference viz., all theonomists affirm (while non-theonomists deny) that we should presume that Old Testament criminal and penal commands for Israel as a nation (not specially revealed earlier) are a standard for all nations of the earth… The theonomic principle is objective and Biblical in character. Its policy for Old Testament interpretation and for application of the laws found there is that the moral standards revealed by God are all beneficial and continue to be binding unless further revelation teaches otherwise (Deut. 42; 10:13; Ps. 119:160; Matt. 5:19; 2 Tim. 3:16-17)… As a result, the theonomist concludes that most of the judicial laws of the Old Testament, having not been modified or canceled by Scripture later, continue to be binding according to the principle which they teach or illustrate.Chapter 2 “A Recognizable, Distinct Position,” in No Other Standard
Theonomy’s strength is its commitment to presuppositionalism – the belief that political philosophy and civil law must be deduced from Scripture. Its weakness is its actual exegesis of Scripture. While I agree that Scripture must be the source of our political philosophy, I believe that theonomy has misinterpreted Scripture on two foundational points. (Note: Bahnsen was a very gifted logician and I respect him enough to interpret and critique him according to his systematic understanding of theonomy.)
The Law(s) of God
Theonomy rejects the distinction between moral law (a transcript of God’s nature that applies at all times) and positive law (law that is created and abrogated at God’s will for certain times). Instead, it holds to a mononomism that sees all biblical law as an unchanging transcript of God’s nature. Bahnsen argued “Does God have a holiness, a standard of ethics, of perfection that is changing?… Jesus says every jot and tittle and he doesn’t allow us to draw lines and seams and divide God’s law up into what we’ll accept and what we won’t.”
I agree with the historic threefold division of Mosaic law: moral, ceremonial, and civil. Moral law transcends and predates Mosaic law and applies to all image bearers. Ceremonial and civil law are positive laws created for Israel under the Old Covenant and have been abrogated. Theonomy teaches a different two-fold division of Mosaic law.
The most fundamental distinction to be drawn between Old Testament laws is between moral laws and ceremonial laws. (Two subdivisions within each category will be mentioned subsequently.) This is not an arbitrary or ad hoc division, for it manifests an underlying rationale or principle. Moral laws reflect the absolute righteousness and judgment of God, guiding man’s life into the paths of righteousness; such laws define holiness and sin, restrain evil through punishment of infractions, and drive the sinner to Christ for salvation. On the other hand, ceremonial laws–or redemptive provisions–reflect the mercy of God in saving those who have violated His moral standards; such laws define the way of redemption, typify Christ’s saving economy, and maintain the holiness (or “separation”) of the redeemed community.
(By This Standard, 97)
The important point is that due to a mistaken exegesis of Matthew 5, theonomy has no category for positive law that may be abrogated. Not only moral (which includes judicial) law, but even “restorative” law continues (though the way we observe it changes).
It’s the thesis of my book [Theonomy in Christian Ethics] and I think it’s the way the bible would have us break down the commandments of the Old Testament – I’m suggesting that we have moral and ceremonial law, moral and restorative law and that all laws of God are binding today… I do not believe the restorative law has been abrogated.”
Has God Changed His Mind? (Lecture 2 of 6)
The reformed law/gospel distinction refers to two different ways of obtaining eternal life: through obedience to the law and through faith in Jesus Christ. It is rooted in the distinction between the Adamic Covenant of Works and the Messianic Covenant of Grace. While Bahnsen held a law/gospel antithesis with regards to salvation through faith in Christ (even having a better interpretation of Matt 5:20 than many reformed theologians), he was influenced by his thesis advisor Norman Shepherd with regards to covenant theology.
Shepherd left WTS under controversy for teaching that we are justified through faith and works. He rejected the Adamic Covenant of Works and emphasized the unity of the Covenant of God. RJ Rushdoony likewise said
[T]his idea of a covenant of works that is the problem in the confession and of course this doctrine has led to Dispensationalism and a great many other problems. It is a deadly error to believe that any covenant that God makes with man can be anything other than a covenant of grace. Precisely because He is God the only kind of covenant He can enter into with man involves free grace on His part. It is at the same time a covenant of law but every covenant is a law relationship… [T]he covenant of God with man is at one and the same time a covenant of grace and a covenant of law. [B]asic to the making of a covenant with God was the invoking of curses and blessings, Deuteronomy 27 and 28 give us that very, very clearly.
106. Systematic Theology – Covenant: 01 The Covenant and 02 Is There A Covenant Of Works
Following these men, Bahnsen said
The New Testament and Covenant continue the same demand for obedience… Continued blessing for Adam in paradise, Israel in the promised land, and the Christian in the kingdom has been seen to be dependent upon persevering obedience to God’s will as expressed in His law. There is complete covenantal unity with reference to the law of God as the standard of moral obligation throughout the diverse ages of human history.Theonomy in Christian Ethics (201-2)
I reject this monocovenantalism. I affirm the Adamic Covenant of Works as distinct from the Messianic Covenant of Grace. Furthermore, I recognize a typological element to the blessings and curses of the Mosaic Covenant. Those blessings typified the blessings Christ earned for us through his perfect obedience to the moral law while the curses typified the judgment that we all deserve (and those outside of Christ will receive) for breaking God’s moral law. Theonomy’s commitment to monocovenantalism and mononomism, and its subsequent understanding of Mosaic blessing and curse, prevents it from affirming this understanding.
Stoning as Typological (Cherem) Curse
After responding to every known criticism offered against his thesis, Bahnsen held out the theoretical possibility of one remaining criticism that would be a valid objection.
[I]t must be argued by somebody who feels the penal sanctions were not given to anybody but Israel that there is a very strong distinction within the law itself between stipulation and sanction. That God stipulates this kind of behavior and then he lays down a punishment if you don’t follow that stipulation, and that the fact that a law binds Israel as well as the Gentiles with respect to stipulations does not therefore mean that the law with respect to sanctions binds Israel and the Gentiles. You see, the premise then is that there is a difference between stipulation and sanction. Now, is there exegetical evidence for this distinction?… Well, we haven’t been given evidence of that distinction.
It is precisely this distinction that I affirm and give evidence for (see links below – notably this one). The stipulations in question are part of God’s unchanging moral law for all image bearers. Violation of this unchanging moral law warrants eternal death at the final judgment. However, at the fall God delayed this final judgment, beginning a post-fall world restructured in subservience to the work of Christ. The death penalty instituted under the typological Old Covenant for violation of the moral law was not itself part of the moral law. It was a typological, positive law addition to the moral law given by way of covenant. The shedding of blood by man for violation of the moral law was specifically a typological curse.
“Yet the law is not of faith, but ‘the man who does them shall live by them.'” (Gal. 3:12)
Commenting on Gal. 3:12 (Lev. 18:5) Augustine said “Now those who were living by these works undoubtedly feared that if they did not do them, they would suffer stoning or crucifixion or something of this kind.”
“‘Cursed be anyone who does not confirm the words of this law by doing them.’ And all the people shall say, ‘Amen.’” (Deut 27:26, cited in Gal 3:10).
“And if a man has committed a crime punishable by death and he is put to death, and you hang him on a tree, his body shall not remain all night on the tree, but you shall bury him the same day, for a hanged man is cursed by God. You shall not defile your land that the LORD your God is giving you for an inheritance.” (Deut 21:22-23, cited in Gal 3:13)
It is specifically this principle of curse for violation of the law that Christ died on the cross for (Gal 3:13). Christians are not under the decalogue as a means to earn their life or lose it. Christ has earned our life and saved us from the curse. Theonomists who believe Christians should enforce Mosaic curses for violation of the moral law are putting Christians under a typological covenant of works that we are free from (Gal 5:1; Acts 15:10).
In A Consuming Fire: The Holy of Holies in Biblical Law, Joel McDurmon notes “some laws were just based upon the eye-for-an-eye rule; others were just based upon God’s immediate judgment under cherem.” He notes “These laws were typological.”
The general equity of those typological Old Covenant curses is not execution by modern government, but the moral law that the unrighteous will not inherit the kingdom of God (1 Cor 6:9-11) and the positive law that unrepentant sinners must therefore be purged from the visible church through excommunication (1 Cor 5:13 quoting Deut 22:21).
While theonomy presents an appealingly simple answer to the question of political philosophy and civil law, our presupposition must be Scripture properly interpreted.