How Christians Should Regard Moses is an interesting sermon from Luther responding to the theonomists of his day. What is noteworthy is that Luther responds the way that 1689 Federalism has responded (which is not surprising given that Luther largely followed Augustine). The Mosaic law as a unit (including the 10 commandments as they were delivered to Israel) is abrogated. It does not continue into the New Covenant. However, part of Mosaic law overlapped with natural law, which binds all men. And Moses clarifies natural law by putting it in writing, so we can look for clarification in Moses. Furthermore, Moses contains promises of the gospel, by which men were saved through believing.
They desire to govern people according to the letter of the law of Moses, as if no one had ever read it before.
But we will not have this sort of thing… It is no longer binding on us because it was given only to the people of Israel…
Moses was an intermediary solely for the Jewish people. It was to them that he gave the law. We must therefore silence the mouths of those factious spirits who say, “Thus says Moses,” etc. Here you simply reply: Moses has nothing to do with us. If I were to accept Moses in one commandment, I would have to accept the entire Moses. Thus the consequence would be that if I accept Moses as master, then I must have myself circumcised, wash my clothes in the Jewish way, eat and drink and dress thus and so, and observe all that stuff…
That Moses does not bind the Gentiles can be proved from Exodus 20:1, where God himself speaks, “I am the Lord your God, who brought you out of the land of Egypt, out of the house of bondage.” This text makes it clear that even the Ten Commandments do not pertain to us. For God never led us out of Egypt, but only the Jews. The sectarian spirits want to saddle us with Moses and all the commandments. We will just skip that. We will regard Moses as a teacher, but we will not regard him as our lawgiver – unless he agrees with both the New Testament and the natural law…
When these factious spirits come, however, and say, “Moses has commanded it,” then simply drop Moses and reply, “I am not concerned about what Moses commands.” “Yes,” they say, “he has commanded that we should have one God, that we should trust and believe in him, that we should not swear by his name; that we should honor father and mother; not kill, steal, commit adultery; not bear false witness, and not covet [Exod. 20:3-17]; should we not keep these commandments?” You reply: Nature also has these laws. Nature provides that we should call upon God. The Gentiles attest to this fact. For there never was a Gentile who did not call upon his idols, even though these were not the true God. This also happened among the Jews, for they had their idols as did the Gentiles; only the Jews have received the law. The Gentiles have it written in their heart, and there is no distinction [Rom. 3:22]. As St. Paul also shows in Romans 2:14-15, the Gentiles, who have no law, have the law written in their heart.
But just as the Jews fail, so also do the Gentiles. Therefore it is natural to honor God, not steal, not commit adultery, not bear false witness, not murder; and what Moses commands is nothing new. For what God has given the Jews from heaven, he has also written in the hearts of all men. Thus I keep the commandments which Moses has given, not because Moses gave the commandment, but because they have been implanted in me by nature, and Moses agrees exactly with nature, etc.
But the other commandments of Moses, which are not [implanted in all men] by nature, the Gentiles do not hold. Nor do these pertain to the Gentiles, such as the tithe and others equally fine which I wish we had too. Now this is the first thing that I ought to see in Moses, namely, the commandments to which I am not bound except insofar as they are by nature…
Thus we read Moses not because he applies to us, that we must obey him, but because he agrees with the natural law and is conceived better than the Gentiles would ever have been able to do. Thus the Ten Commandments are a mirror of our life, in which we can see wherein we are lacking, etc…
In the second place I find something in Moses that I do not have from nature: the promises and pledges of God about Christ.
This is the best thing. It is something that is not written naturally into the heart, but comes from heaven… in Moses there are the promises of God which sustain faith. As it is written of Eve in Genesis 3:15, “I will put enmity between you and the woman, and between your seed and her seed; he shall bruise your head,” etc. Again Abraham was given this promise by God, speaking thus in Genesis 22:18, “In your descendants shall all the nations be blessed”; that is, through Christ the gospel is to arise.
Theonomy may not be heard regularly from pulpits, but it is a view that is alive and well among Christians who take the Bible seriously and are struggling to understand how to apply it to the world they live in.
As appealing as theonomy may be for its apparently simple answer to a difficult subject, it is actually entirely (100%) incompatible with 1689 Federalism. Theonomy, properly defined as the belief that all nations today are obligated to obey Israel’s judicial laws because they have not been abrogated, relies upon an extreme version of the “one substance, multiple administrations” view of covenant theology. It stresses that the Old Covenant is really just the Older Covenant and the New Covenant is just the Newer Covenant – both being administrations of the covenant of grace. Since 1689 Federalism rejects this model, there is no way to hold to both theonomy and 1689 Federalism.
Theonomy, as Greg Bahnsen uses the term.5 is a view of the Bible that argues for the continuing validity of God’s revealed law in every area of life. Bahnsen argues that unless a specific Old Testament law has been abrogated by the New Testament, either by specific revelation or because of an application of a New Testament principle, its authority is still morally and/ or judicially binding. “The methodological point, then, is that we presume our obligation to obey any Old Testament commandment unless the New Testament indicates otherwise. We must assume continuity with the Old Testament rather than discontinuity. This is not to say that there are no changes from Old to New Testament. Indeed, there are — important ones. However, the word of God must be the standard which defines precisely what those changes are for us; we cannot take it upon ourselves to assume such changes or read them into the New Testament.”6
The fact is that all of the covenants of the Old Covenant (that is, all of the Old Testament covenants) are unified as parts of the one overall covenant of grace established by God. Paul spoke of Gentiles who were not part of the Old Covenant economy which included the Abrahamic, Mosaic, and Davidic covenants as “strangers to the covenants of the promise” (Eph. 2:12)…There were many, progressively revealed aspects to the single promise of God in the Old Testament: many administrations of the overall covenant of grace… Given the unity of God’s covenant throughout history and the Bible, then, is it true that Christians living under the New Covenant are not obliged to keep the Old Covenant law (the commandments of the Old Testament, especially those given by Moses)?…[W]e saw that all of the covenants of God are unified into one overall Covenant of Grace, fully realized with the coming of Christ in the New Covenant. So if there is one covenant enjoyed by the people of God throughout the ages, then there is one moral code or set of stipulations which govern those who would be covenant-keepers. Therefore, we must answer that of course New Testament believers are bound to the Old Testament law of God. His standards, just like His covenant, are unchanging. (BTS, 41-42)…
There is no textual indication, however, that the New Covenant brings a new standard of moral conduct, and there is no textual indication that the Old Covenant standard has been categorically laid aside. The Covenantal administrations are dramatically different – in glory, power, realization, and finality – but not as codes defining right and wrong behavior or attitudes. (BTS, 168)
Wherefore the whole law of Moses, as given unto the Jews, whether as used or abused by them, was repugnant unto and inconsistent with the gospel, and the mediation of Christ, especially his priestly office, therein declared; neither did God either design, appoint, or direct that they should be co-existent…
It is not, therefore, the peculiar command for the institution of the legal priesthood that is intended, but the whole system of Mosaical institutions. For the apostle having already proved that the priesthood was to be abolished, he proceeds on that ground and from thence to prove that the whole law was also to be in like manner abolished and removed. And indeed it was of such a nature and constitution, that pull one pin out of the fabric, and the whole must fall unto the ground; for the sanction of it being, that “he was cursed who continued not in all things written in the law to do them,” the change of any one thing must needs overthrow the whole law…
And the whole of this system of laws is called a “command,” because it consisted in “arbitrary commands” and precepts, regulated by that maxim, “The man that doeth these things shall live by them,” Romans 10:5. And therefore the law, as a command, is opposed unto the gospel, as a promise of righteousness by Jesus Christ, Galatians 3:11, 12. Nor is it the whole ceremonial law only that is intended by “the command” in this place, but the moral law also, so far as it was compacted with the other into one body of precepts for the same end; for with respect unto the efficacy of the whole law of Moses, as unto our drawing nigh unto God, it is here considered…
By all these ways was the church of the Hebrews forewarned that the time would come when the whole Mosaical law, as to its legal or covenant efficacy, should be disannulled, unto the unspeakable advantage of the church…
It is therefore plainly declared, that the law is “abrogated,” “abolished… disannulled.”
Hearty agreement must be given when New Covenant theologians argue for the abolition of the Old Covenant. This is clearly the teaching of the Old and New Testaments (see Jeremiah 31:31-32; Second Corinthians 3; Galatians 3, 4; Ephesians 2:14-15; Hebrews 8-10). The whole law of Moses, as it functioned under the Old Covenant, has been abolished, including the Ten Commandments. Not one jot or tittle of the law of Moses functions as Old Covenant law anymore and to act as if it does constitutes redemptive-historical retreat and neo-Judaizing. However, to acknowledge that the law of Moses no longer functions as Old Covenant law is not to accept that it no longer functions; it simply no longer functions as Old Covenant law. This can be seen by the fact that the New Testament teaches both the abrogation of the law of the Old Covenant and its abiding moral validity under the New Covenant.
In Defense of the Decalogue, 61.
See also JOHN OWEN AND NEW COVENANT THEOLOGY: Owen on the Old and New Covenants and the Functions of the Decalogue in Redemptive History in Historical and Contemporary Perspective
To be clear, LBCF chapter 19 affirms that the moral law, the decalogue, continues to guide Christians as a rule of righteousness. The difference, however, is that moral law does not continue to guide by virtue of its unabrogated Mosaic establishment. It continues to guide as universal moral standard that transcends all covenants. (For more on this, see JOHN OWEN AND NEW COVENANT THEOLOGY: Owen on the Old and New Covenants and the Functions of the Decalogue in Redemptive History in Historical and Contemporary Perspective).
The point is that the law was given to Israel on Mt. Sinai as a covenant of works. Note Owen “it consisted in “arbitrary commands” and precepts, regulated by that maxim, “The man that doeth these things shall live by them,” Romans 10:5. And therefore the law, as a command, is opposed unto the gospel…” The Old Covenant operated upon the works principle “Do this and live” (Leviticus 18:5). As Owen notes, Paul quotes Leviticus 18:5 to demonstrate that this principle of works is directly opposed to the principle of faith. Thus “with respect unto the efficacy of the whole law of Moses, as unto our drawing nigh unto God, it is here considered…”
The law says “do this”, a covenant of works says “do this and live.” The curses found in the Mosaic covenant (and the blessings) are derived from the law as a covenant of works. Violation of the law brought curses upon individuals and the nation. That is why people were put to death in Israel for violating the moral law. Because it was a covenant of works with life in the balance (Lev 18:5, cited in Gal 3:12 & Rom 10:5). Augustine put it this way
In that testament, however, which is properly called the Old, and was given on Mount Sinai, only earthly happiness is expressly promised. Accordingly that land, into which the nation, after being led through the wilderness, was conducted, is called the land of promise, wherein peace and royal power, and the gaining of victories over enemies, and an abundance of children and of fruits of the ground, and gifts of a similar kind are the promises of the Old Testament. And these, indeed, are figures of the spiritual blessings which appertain to the New Testament; but yet the man who lives under God’s law with those earthly blessings for his sanction, is precisely the heir of the Old Testament, for just such rewards are promised and given to him, according to the terms of the Old Testament, as are the objects of his desire according to the condition of the old man…
[T]he law of works, which was written on the tables of stone, and its reward, the land of promise, which the house of the carnal Israel after their liberation from Egypt received, belonged to the old testament [covenant]…
“But the law is not of faith: but The man that doeth them shall live in them.” (Gal 3:12) Which testimony, quoted by the apostle from the law, is understood in respect of temporal life, in respect of the fear of losing which, men were in the habit of doing the works of the law, not of faith; because the transgressors of the law were commanded by the same law to be put to death by the people.
“‘Cursed be anyone who does not confirm the words of this law by doing them.’ And all the people shall say, ‘Amen.’” Deuteronomy 27:26 (cited in Gal 3:10)
The death penalty instituted under the Old Covenant for violation of the moral law was not itself part of the moral law. It was an 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 curse. Theonomists who believe Christians should enforce Mosaic curses for violation of the moral law are putting Christians under a covenant of works that we have been freed from (Gal 5:1; Acts 15:10).
“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.”
(Deuteronomy 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. (Note, however, that although the Old Covenant was a covenant of works, it was not the covenant of works: it did not deal with eternal blessing and curse)
Rushdoony v Booth
How is Christ’s Kingdom to come? Scripture is again very definite and explicit. The glorious peace and prosperity of Christ’s reign will be brought about ONLY as people obey the covenant law. In Lev. 26, Deut. 28, and all of Scripture, this is plainly stated. There will be peace and prosperity in the land, the enemy will be destroyed, and men will be free of evils only “If ye walk in my statutes, and keep my commandments, and do them (Lev. 26:3). The obedience of faith to the law of God produces IRRESISTIBLE BLESSINGS. “And all these blessings shall come on thee, and overtake thee, if thou shalt hearken unto the voice of the LORD thy God” (Deut. 28:2). On the other hand, disobedience leads to IRRESISTIBLE CURSES. . . .
God’s determination of history is thus plainly described in His law. If we believe and obey, then we are blessed and we prosper in Him; if we deny Him and disobey His law, we are cursed and confounded. . . .
-Rushdoony, The Meaning of Postmillennialism, pp. 53-56
God established His covenant with Adam, and again with Noah. It was a dominion covenant. It was man’s authorization to subdue the earth, but under God’s overall authority and under His law. God also covenanted with Abram, changing his name to Abraham, and instituting the sign of His covenant, circumcision. He covenanted with Jacob, Abraham’s grandson, changing his name to Israel, promising to bless Jacob’s efforts (Genesis 32:24-30). God covenanted with Moses and the children of Israel, promising to bless them if they conformed to His laws, but curse them if they disobeyed (Deuteronomy 8:28). The covenant was a treaty, and it involved mutual obligations and promises. The ruler, God, offers the peace treaty to a man or selection of men, and they in turn accept its terms of surrender. The treaty spells out mutual obligations: protection and blessings from the King, and obedience on the part of the servants. It also spells out the term of judgement: cursings from the King in case of rebellion on the part of the servants.
This same covenant is extended to the church today. It covers the institutional church, and it also applies to nations that agree to conform their laws to God’s standards . . . .
-Gary North, Unconditional Surrender
This failure to distinguish between biblical covenants and the way the law functions in each is both the lynchpin and the fatal error of theonomy. Theonomy rests upon what is called “monocovenantalism.” You can see it in the above quote where North says we are under the same covenant as Adam before the fall. You could also say theonomy rests upon “mononomism.” This is why theonomy speaks of God’s law and God’s covenant in the singular.
Compare the above two quotes with Abraham Booth (1689 Federalism).
Now, as the immunities, grants, and honors, bestowed by the King Messiah, are ail of a spiritual nature; his faithful subjects have no reason to wonder, or to be discouraged, at any persecutions, afflictions, or poverty which may befall them. Were his empire of this world, then indeed it might be expected, from the goodness of his heart and the power of his arm, that those who are submissive to his authority, zealous for his honor, and conformed to his image, would commonly find themselves easy and prosperous in their temporal circumstances. Yes, were his dominion of a secular kind, it might be supposed that an habitually conscientious regard to his laws, would secure from the oppression of ungodly men, and from the distresses of temporal want. — Thus it was with Israel under their Theocracy. When the rulers and the people in general were punctual in observing Jehovah’s appointments, the stipulations of the Sinai Covenant secured them from being oppressed bv their enemies, and from any remarkable affliction by the immediate hand of God. Performing the conditions of their National Confederation, they were, as a people, warranted to expect every species of temporal prosperity. Health, and long life, riches, honors, and victory over their enemies, were promised by Jehovah to their external obedience.[ 64] The punishments also, that were denounced against flagrant breaches of the Covenant made at Horeb, were of a temporal kind.[ 65]
In this respect, however, as well as in other things, there is a vast difference between the Jewish, and the Christian economy. This disparity was plainly intimated, if I mistake not, by the opposite modes of divine proceeding, in establishing Jehovah’s kingdom among the Jews, and in founding the empire of Jesus Christ. To settle the Israelitish church, to exalt the chosen tribes above surrounding nations, and to render the ancient Theocracy supremely venerable, the divine Sovereign appeared in terrible majesty. Wasting plagues and awful deaths were often inflicted by eternal justice, on those who dared to oppose, or to oppress, the people of God. An angel was commissioned to destroy the Egyptian first-born; Pharaoh, with his mighty host, were drowned in the Red sea; and the Canaanitish nations were put to the sword, that the subjects of Jehovah might possess their fertile country. Manifest indications these, in connection with express promises, that the special Providence of God would exalt and bless the natural seed of Abraham with temporal felicity; provided they did not violate the Sinai Covenant.
But when the Prince Messiah founded his kingdom, all things were otherwise. No marks of external grandeur attended his personal appearance: and, instead of executing righteous vengeance on those who opposed him, his language was, The Son of man is ‘not come to destroy men’s lives, but to save them. Father, forgive them, for they know not what they do! — After a life of labour and of beneficence, of poverty and of reproach, he fell a victim to persecution, and a martyr to truth. Such was the plan of divine Providence, respecting Christ our King, and such was the treatment with which he met from the world! Striking intimations, those, that his most faithful subjects would have no ground of discouragement, in any sufferings which might await them; and that, considered as his dependents, spiritual blessings were all they should have to expect.
It must indeed be acknowledged, that as vicious tempers and immoral practices have a natural tendency to impair health, distress the mind, and waste the property; to the exercise of holy affections, and the practice of true godliness, have the most friendly aspect on a Christian’s own temporal happiness, (except so far as persecution intervenes) and on the welfare of society. But then it is evident that this arises from the nature of things, and from the superintendency of common Providence; rather than from the dominion of Christ, as a spiritual monarch. For, so considered, spiritual blessings are all that they have to expect from his royal hand.
By the prophetic declarations of our Lord himself, and by the history of this kingdom, it plainly appears, that among all the subjects of his government, none have been more exposed to persecution, affliction, and poverty, than those who were most eminent for obedience to his laws, and most useful in his empire. The most uniform subjection to his authority, and the warmest zeal for his honor, that ever appeared upon earth; were no security from bitter persecution, from pinching poverty, or from complicated affliction. Our divine Lord, considered as a spiritual sovereign, is concerned for the spiritual interests of those that are under his government. His personal perfections and royal prerogatives, his power and wisdom, his love and care, are therefore to be regarded as engaged, both by office and by promise, — not to make his dependents easy and prosperous in their temporal concerns; but– to strengthen them for their spiritual warfare; to preserve them from finally falling by their invisible enemies; to make all afflictions work together for their good; to render them, in the final issue, more than conquerors over every opposer; and to crown them with, everlasting life.
Our Lord has promised, indeed, that their obedience to his royal pleasure, shall meet with his gracious regards in the present life. Not by indulging them with temporal riches, or by granting them external honor and ease; but by admitting them into more intimate communion with himself, and by rejoicing their hearts with his favor.[ 66] Yes, to deliver from spiritual enemies, and to provide for spiritual wants; to indulge with spiritual riches, and to ennoble with spiritual honors, are those royal acts which belong to Him, whose kingdom is not of this world. In the bestowment of these blessings, the glory of his regal character is much concerned. But millions of his devoted subjects may fall by the iron hand of oppression, starve in obscurity, or suffer accumulated affliction in other ways; without the least impeachment of his power, his goodness, or his care, as the sovereign of a spiritual kingdom.
-Booth, Abraham. An Essay on the Kingdom of Christ (Kindle Locations 1090-1130). Reformed Libertarian.
For more on this, see Abraham Booth’s An Essay on the Kingdom of Christ.
A separate question is whether or not nations today may or should enforce the general equity of Israel’s judicial laws in their own civil laws. Here are two resources to help unpack 19.4 of the 2nd London Baptist Confession from a 1689 Federalism perspective:
This mistake of the Jews, respecting the kingdom of the Messiah, lying at the foundation of all the opposition with which they treated him, and of their own ruin; it behoves us to guard with diligence against every thing which tends to secularize the dominion of Christ : lest, by corrupting the Gospel Economy, we dishonour the Lord Redeemer, and be finally punished as the enemies of his government. Our danger of contracting guilt, and of incurring divine resentment in this way, is far from being small. For we are so conversant with sensible objects, and so delighted with exterior show, that we are naturally inclined to wish for something in religion to gratify our carnality. Under the influence of that master prejudice, the expectation of a temporal kingdom, Jewish depravity rejected Christ; and our corruption, if we be not watchful, may so misrepresent his empire, and oppose his royal prerogatives, as implicitly to fay, ” We will not have him to reign over us.”*
* “As the great source of the infidelity of the Jews was a notion of the temporal kingdom of the Messiah, we may justly say, that the great source of the corruption of Christians, and of their general defection, foretold by the inspired writers, has been an attempt to render it, in effect, a temporal kingdom, and to support and extend it by earthly means. This is that spirit of Antichrist, which was so early at work, as to be discoverable in the days of the Apostles.” Dr. George Campbell’s Four Gospels Preface, p Iviu Second edition
If you’re going to take political action that is going to compromise the gospel, then you are sealing your own doom. Over the past 50 years, conservatives have spent tens of billions of dollars lobbying, trying to elect candidates, trying to organize in various ways. When I was a kid, I was out passing out literature for Barry Goldwater, back in 1964.
And what has it gained? Are we any better off, to borrow a campaign slogan – are we better off today than we were 50 years ago? What have all those conservatives and libertarians done with those billions of dollars that has shown any improvement in the political or the moral climate of the country?
Now, if that money had been put into the preaching of the gospel – the uncompromised, unvarnished, pure gospel, perhaps there would be something completely different to show for it. But it was put into compromised political action, and there’s nothing to show for it. Absolutely nothing. Tens of billions of dollars – when you think of all the campaigns, all the organizations.
And I’ve been involved – my [PhD] degree’s in political theory, political philosophy. I’ve been interested in politics all my life and have been involved from time to time, working on Capitol Hill. And I learned a very good lesson on Capitol Hill – that what happens there is of little consequence. That if one is interested in changing society, you don’t go to Capitol Hill, you preach the gospel.
If anybody is operating under the illusion that political action is going to make a significant change in society apart from a sea change in the beliefs in the American people, then they’re condemned to futility. They will waste their lives.
I am strongly committed to the biblical understanding of two kingdoms: the kingdom of heaven and the kingdoms of earth. Paul did make it clear that the ministers of the sword (the state) serve God, but Christ also made it clear that His kingdom is not of this world. Here is a sermon I preached on John 18:28-38 http://www.porticochurch.com/messages/John_18_28_20071118.mp3 in which I speak against what I see as an unbiblical focus on transforming culture.
I make an effort to point this out because every time I address this issue I am simply mis-categorized as a “transformationist” or theonomist and thus ignored. I am neither, so please give me a couple minutes of your time.
Two Kingdoms Natural Law
A very prominent form of two kingdom theology today is advocated primarily by Westminster California, led by David VanDrunen. You can find a helpful overview on WSC’s Jan. 6 Office Hours Podcast. This view is largely a response to theonomy (the view that the Mosaic case laws, or judicial laws, ie stoning, should be enforced in detail by every nation on earth). They correctly oppose theonomy by pointing out the distinction between the kingdom of heaven and the kingdoms of this earth. (They could also counter theonomy by adopting A. W. Pink or John Owen’s views of the Mosaic Covenant)
However, they take this view one step further and say the kingdom of heaven is ruled by the Bible and the kingdoms of earth are ruled by natural law. This is precisely where I disagree. Such a view is nonsensical. Natural law, the law written on the hearts of all men, is the moral law, the 10 commandments. This is the unanimous Reformed view as stated particularly in the Westminster Confession of Faith chapter 19
I. God gave to Adam a law, as a covenant of works, by which he bound him and all his posterity to personal, entire, exact, and perpetual obedience; promised life upon the fulfilling, and threatened death upon the breach of it; and endued him with power and ability to keep it.
II. This law, after his Fall, continued to be a perfect rule of righteousness; and, as such, was delivered by God upon mount Sinai in ten commandments, and written in two tables; the first four commandments containing our duty toward God, and the other six our duty to man.
Therefore, to say the kingdoms of this world are ruled by natural law and should enforce natural law is to say that they are ruled by the 10 commandments and should enforce the 10 commandments.
Two Kingdoms Theocracy?
The result of such a view winds up exactly where they claim to not want to be: a theocracy. R. Scott Clark wrote a post against homosexual marriage called Natural Law, the Two Kingdoms, and Homosexual Marriage in which he appeals to the state’s duty to enforce the creation laws regarding marriage.
The magistrate has a right and a duty to enforce marriage and divorce laws in order to enforce natural, creational boundaries in the same way he has a duty to protect a society from theft and fraud… I argue that the state should regulate marriage on the basis of natural, creational law and that those who advocate pushing back the boundaries of marriage to include homosexual marriage are advocating the recognition of the violation of natural, creational law…
Such a statement would seem to be subject to my criticism above. If the state has a duty to enforce natural law, the law of creation, then it has a duty to enforce the moral law. To say one is to say the other. Clark anticipates this objection and says:
To anticipate an objection, this is not a theocratic argument. It is not the magistrate’s duty to police every sort of violation of natural law and sin. For example, no one but theocrats want the state enforcing obedience to the first table of the law. The magistrate’s natural sphere of concern and authority is in the second table.
If that is R. Scott Clark’s view, then how is it any different from those who say the state should enforce the second table of the moral law (such as John W. Robbins and J. Gresham Machen)? Answer: It’s not different.
Clark even states 2K Natural Law does not mean the state should enforce every natural law. Well, if that’s the case, then again, what is the point in making a distinction between moral law and natural law and then saying the church is ruled by one and the state is ruled by the other? There is no point. It is an invalid distinction.
[Note that D. G. Hart’s precise criticism of Kloosterman in this post http://oldlife.org/2009/12/21/if-not-two-kingdoms-two-decalogues/ is that he divides the the Decalogue into two tables. Thus Hart’s criticism would equally apply to Clark’s natural law position, which Hart is supposedly defending.]
Lee Irons makes the same criticism of the 2K Natural Law view (though at this point I do not agree with Irons’ conclusion regarding the duty of the state):
Clark seems to be saying that the state has a moral obligation or duty to enforce the moral law (= natural law), a duty that itself derives from moral/natural law. My problem with this is that, if logically carried through, this will lead to a view of civil government that is just as theocratic as that desired by the theonomists. The only difference so far as I can tell is that on Clark’s view there would be more leeway in the specifics of the penal code…
…Most theonomists would be perfectly happy with a state run on natural law principles, since they argue that the general equity of the Mosaic Law is identical with natural/moral law as revealed via general revelation (cp. Bahnsen, No Other Standard, pp. 206, 222).
Again, I agree with the Reformed doctrine of natural law. It is biblical (Romans 1). I’m merely objecting to the claim that it is the moral duty of the state to enforce it in society.
But R. Scott Clark is too smart to miss this point. So what is he really trying to say? Well, his practical position is really that the state is obligated to enforce laws that are derived from fallen man’s observation of himself. I cut his quote short earlier. Here it is in its entirety:
I argue that the state should regulate marriage on the basis of natural, creational law and that those who advocate pushing back the boundaries of marriage to include homosexual marriage are advocating the recognition of the violation of natural, creational law [recognized in the West by pagans and Christians for two thousand years.]
Thus, the argument against homosexual marriage is not a “theocratic” argument, but an argument from the nature of things grounded in natural revelation, in the most fundamental observations about how human beings relate to one another, about what it is to be human, about what it is to be a civil society, about what a family is, and ultimately, that there really is such a thing as nature or creation itself that limits the choices of sovereign, ostensibly autonomous late modern humans.
This is the inevitable conclusion that “natural law” must lead to. Natural law will ultimately find no need and no place for God, precisely because it is natural law, not supernatural law. It is quickly reduced to fallen man looking inside himself and at others to decide “what is right in his own eyes.” Irons notes:
Another problem with the appeal to natural law as the principle for determining the positive enforcement duties of the civil magistrate is that we live in a pluralistic society in which the very content of natural law itself is highly contested at critical points. Many citizens believe, for example, that committed same-sex relationships are not in any way sinful. Again, I affirm that the these people are wrong, and that deep down they know they are wrong. I know that because I believe the Bible’s teaching concerning the content of natural law (e.g., Romans 1). But such an appeal to Scripture will have minimal persuasive value in the public square. A natural law theorist may not go out with the intention of making a naked appeal to Scripture. He may try appealing to various arguments that support his interpretation of natural law, keeping his biblical beliefs out of play to achieve maximum rhetorical effect. But since the ultimate epistemic basis for his interpretation of natural law is Scripture, at the end of the day this will come to light at some point in the argument and it will become evident that he is not really making a good-faith religiously-neutral appeal.
Here are two related posts of mine to elaborate on this problem, and comments I made on D. G. Hart’s blog:
If Not Two Kingdoms, Two Decalogues (note Hart’s fundamental misunderstanding of natural law. He rejects WCF’s definition and instead argues that natural law is that which we can observe in ourselves and others. It may be true that the foundation of the state should be our observations of nature – but that is not the same thing as the law of creation.)
Then What Are We to Do?
This is not an easy question to answer. Appealing to natural law in opposition to Scripture is erroneous, arguing for theonomy misunderstands the Mosaic covenant, and arguing for theocracy misunderstands the kingdom of heaven. I am not certain I have arrived at an answer, but J. Gresham Machen’s words (echoed by Gordon Clark and John W. Robbins) make sense.
What then is the remedy for the threatened disruption of society and for the rapidly progressing decay of liberty?
There is really only one remedy. It is the rediscovery of the law of God.
If we want to restore respect for human laws, we shall have to get rid of this notion that judges and juries exist only for the utilitarian purpose of the protection of society, and shall have to restore the notion that they exist for the purposes of justice. They are only very imperfect exponents of justice, it is true. There are vast departments of life with which they should have nothing whatever to do. They are exceeding their God-given function when they seek to enforce inward purity or purity of the individual life, since theirs is the business only of enforcing – and that in necessarily imperfect fashion – that part of righteousness which concerns the relations between man and man. But they are instruments of righteousness all the same, and when that is not recognized, disaster follows for the state. Society will never be preserved by attaching savage penalties to trifling offences because the utilitarian interests of society demand it; it will never be preserved by the vicious practice (followed by some judges) of making ‘examples’ of people is spasmodic and unjust fashion because such examples are thought to have a salutary effect as a deterrent from future crim. No, we say, let justice never be lost from view – abstract, holy, transcendent justice – no matter what the immediate consequences may be thought to be. Only so will the ermine of the judge again be respected and the ravages of decadence be checked.
-The Christian View of Man p. 193
[Update: I just read a very helpful post over at Feeding On Christ that I highly recommend: Theonomy, Two Kingdoms, and a Middle Road)