Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Thursday, July 23, 2020

Whether one is guilty of murder through killing someone by chance?


Augustine says to Publicola (Ep. xlvii): “When we do a thing for a good and lawful purpose, if thereby we unintentionally cause harm to anyone, it should by no means be imputed to us.” Now it sometimes happens by chance that a person is killed as a result of something done for a good purpose. Therefore the person who did it is not accounted guilty.

According to the Philosopher (Phys. ii, 6) “chance is a cause that acts beside one's intention.” Hence chance happenings, strictly speaking, are neither intended nor voluntary. And since every sin is voluntary, according to Augustine (De Vera Relig. xiv) it follows that chance happenings, as such, are not sins.

Nevertheless it happens that what is not actually and directly voluntary and intended, is voluntary and intended accidentally, according as that which removes an obstacle is called an accidental cause. Wherefore he who does not remove something whence homicide results whereas he ought to remove it, is in a sense guilty of voluntary homicide. This happens in two ways: first when a man causes another’s death through occupying himself with unlawful things which he ought to avoid: secondly, when he does not take sufficient care. Hence, according to jurists, if a man pursue a lawful occupation and take due care, the result being that a person loses his life, he is not guilty of that person's death: whereas if he be occupied with something unlawful, or even with something lawful, but without due care, he does not escape being guilty of murder, if his action results in someone's death.

Thomas Aquinas, Summa Theologica (II-II, Question 64, Article 8)

Saturday, May 9, 2020

The law of the Gospel, called the New Law

Now that which is preponderant in the law of the New Testament, and whereon all its efficacy is based, is the grace of the Holy Ghost, which is given through faith in Christ. Consequently the New Law is chiefly the grace itself of the Holy Ghost, which is given to those who believe in Christ. This is manifestly stated by the Apostle who says (Romans 3:27): “Where is . . . thy boasting? It is excluded. By what law? Of works? No, but by the law of faith”: for he calls the grace itself of faith “a law.” And still more clearly it is written (Romans 8:2): “The law of the spirit of life, in Christ Jesus, hath delivered me from the law of sin and of death.” Hence Augustine says (De Spir. et Lit. xxiv) that “as the law of deeds was written on tables of stone, so is the law of faith inscribed on the hearts of the faithful”: and elsewhere, in the same book (xxi): “What else are the Divine laws written by God Himself on our hearts, but the very presence of His Holy Spirit?”

The Apostle says (Romans 1:16): “I am not ashamed of the Gospel: for it is in the power of God unto salvation to everyone that believeth.” But there is no salvation but to those who are justified. Therefore the Law of the Gospel justifies.

I answer that, As stated above (Article 1), there is a twofold element in the Law of the Gospel. There is the chief element, viz. the grace of the Holy Ghost bestowed inwardly. And as to this, the New Law justifies. Hence Augustine says (De Spir. et Lit. xvii): “There,” i.e. in the Old Testament, “the Law was set forth in an outward fashion, that the ungodly might be afraid”; “here,” i.e. in the New Testament, “it is given in an inward manner, that they may be justified.” The other element of the Evangelical Law is secondary: namely, the teachings of faith, and those commandments which direct human affections and human actions. And as to this, the New Law does not justify. Hence the Apostle says (2 Corinthians 3:6) “The letter killeth, but the spirit quickeneth”: and Augustine explains this (De Spir. et Lit. xiv, xvii) by saying that the letter denotes any writing external to man, even that of the moral precepts such as are contained in the Gospel. Wherefore the letter, even of the Gospel would kill, unless there were the inward presence of the healing grace of faith.

Thomas Aquinas, Summa Theologica ((I-II, Question 106, Articles 1&2)

Wednesday, May 6, 2020

Subjection to princes and obedience to magistrates


Image: John Calvin (1509-1564)
“Put them in mind to be subject to principalities and powers, to obey magistrates, to be ready to every good work” (Titus 3:1). 

Remind them to be subject to principalities and powers - From many passages it is evident that the Apostles had great difficulty in keeping the common people subject to the authority of magistrates and princes. We are all by nature desirous of power; and the consequence is, that no one willingly is subject to another. Besides, perceiving that nearly all the principalities and powers of the world were at that time opposed to Christ they thought them unworthy of receiving any honor. The Jews especially, being an untamable race, did not cease to mutiny and rage. Thus, after having spoken of particular duties, Paul now wishes to give a general admonition to all, to observe peaceably the order of civil government, to submit to the laws, to obey magistrates. That subjection to princes, and that obedience to magistrates, which he demands, is extended to edicts, and laws, and other parts of civil government.

What he immediately adds, To be ready for every good work, may be applied to the same subject, as if he had said, “All who do not refuse to lead a good and virtuous life, will cheerfully yield obedience to magistrates.”  For, since they have been appointed for the preservation of mankind, he who desires to have them removed, or shakes off their yoke, is an enemy of equity and justice, and is therefore devoid of all humanity. Yet if any prefer to interpret it without any immediate relation to the context, I have no objection; and indeed there can be no doubt that, in this sentence, he recommends to them kind offices towards their neighbors throughout their whole life.

John Calvin, Commentary on Titus 3:1


The right ordering of rulers in a state or nation


Two points are to be observed concerning the right ordering of rulers in a state or nation. One is that all should take some share in the government: for this form of constitution ensures peace among the people, commends itself to all, and is most enduring, as stated in Polit. ii, 6. The other point is to be observed in respect of the kinds of government, or the different ways in which the constitutions are established. For whereas these differ in kind, as the Philosopher states (Polit. iii, 5), nevertheless the first place is held by the “kingdom,” where the power of government is vested in one; and “aristocracy,” which signifies government by the best, where the power of government is vested in a few. Accordingly, the best form of government is in a state or kingdom, where one is given the power to preside over all; while under him are others having governing powers: and yet a government of this kind is shared by all, both because all are eligible to govern, and because the rules are chosen by all. For this is the best form of polity, being partly kingdom, since there is one at the head of all; partly aristocracy, in so far as a number of persons are set in authority; partly democracy, i.e. government by the people, in so far as the rulers can be chosen from the people, and the people have the right to choose their rulers.

Thomas Aquinas, Summa Theologica (Question 105, Article 1)

Tuesday, May 5, 2020

Whether the judicial precepts of the Old Law bind for ever?

Image: Law and Gospel (or Law and Grace) by Lucas Cranach the Elder from about 1529
The judicial precepts did not bind for ever, but were annulled by the coming of Christ: yet not in the same way as the ceremonial precepts. For the ceremonial precepts were annulled so far as to be not only “dead,” but also deadly to those who observe them since the coming of Christ, especially since the promulgation of the Gospel. On the other hand, the judicial precepts are dead indeed, because they have no binding force: but they are not deadly. For if a sovereign were to order these judicial precepts to be observed in his kingdom, he would not sin: unless perchance they were observed, or ordered to be observed, as though they derived their binding force through being institutions of the Old Law: for it would be a deadly sin to intend to observe them thus.

The reason for this difference may be gathered from what has been said above (Article 2). For it has been stated that the ceremonial precepts are figurative primarily and in themselves, as being instituted chiefly for the purpose of foreshadowing the mysteries of Christ to come. On the other hand, the judicial precepts were not instituted that they might be figures, but that they might shape the state of that people who were directed to Christ. Consequently, when the state of that people changed with the coming of Christ, the judicial precepts lost their binding force: for the Law was a pedagogue, leading men to Christ, as stated in Galatians 3:24. Since, however, these judicial precepts are instituted, not for the purpose of being figures, but for the performance of certain deeds, the observance thereof is not prejudicial to the truth of faith. But the intention of observing them, as though one were bound by the Law, is prejudicial to the truth of faith: because it would follow that the former state of the people still lasts, and that Christ has not yet come.

Thomas Aquinas, Summa Theologica ((I-II, Question 104, Article 3)

Friday, April 24, 2020

Laws framed by man are either just or unjust

Image: Thomas Aquinas (1225-1274)
Laws framed by man are either just or unjust. If they be just, they have the power of binding in conscience, from the eternal law whence they are derived, according to Proverbs 8:15: "By Me kings reign, and lawgivers decree just things." Now laws are said to be just, both from the end, when, to wit, they are ordained to the common good—and from their author, that is to say, when the law that is made does not exceed the power of the lawgiver—and from their form, when, to wit, burdens are laid on the subjects, according to an equality of proportion and with a view to the common good. For, since one man is a part of the community, each man in all that he is and has, belongs to the community; just as a part, in all that it is, belongs to the whole; wherefore nature inflicts a loss on the part, in order to save the whole: so that on this account, such laws as these, which impose proportionate burdens, are just and binding in conscience, and are legal laws.

On the other hand laws may be unjust in two ways: first, by being contrary to human good, through being opposed to the things mentioned above—either in respect of the end, as when an authority imposes on his subjects burdensome laws, conducive, not to the common good, but rather to his own cupidity or vainglory—or in respect of the author, as when a man makes a law that goes beyond the power committed to him—or in respect of the form, as when burdens are imposed unequally on the community, although with a view to the common good. The like are acts of violence rather than laws; because, as Augustine says (De Lib. Arb. i, 5), "a law that is not just, seems to be no law at all." Wherefore such laws do not bind in conscience, except perhaps in order to avoid scandal or disturbance, for which cause a man should even yield his right, according to Matthew 5:40-41: "If a man . . . take away thy coat, let go thy cloak also unto him; and whosoever will force thee one mile, go with him other two."

Secondly, laws may be unjust through being opposed to the Divine good: such are the laws of tyrants inducing to idolatry, or to anything else contrary to the Divine law: and laws of this kind must nowise be observed, because, as stated in Acts 5:29, "we ought to obey God rather than man."

Thomas Aquinas, Summa Theologica ((I-II, Question 96, Article 4)

Friday, January 3, 2020

God has made us able ministers of the new testament

Image: Law and Gospel, Lucas Cranach the Elder (1529)

Notice:

The tables of stone are old
The fleshly tables of the heart are new
The letter is old
The spirit is new
The letter killeth and is old
The spirit giveth life and is new

Ministers of a New Covenant

“Do we begin again to commend ourselves? or need we, as some others, epistles of commendation to you, or letters of commendation from you? Ye are our epistle written in our hearts, known and read of all men: Forasmuch as ye are manifestly declared to be the epistle of Christ ministered by us, written not with ink, but with the Spirit of the living God; not in tables of stone, but in fleshy tables of the heart.

“And such trust have we through Christ to God-ward: Not that we are sufficient of ourselves to think any thing as of ourselves; but our sufficiency is of God; Who also hath made us able ministers of the new testament; not of the letter, but of the spirit: for the letter killeth, but the spirit giveth life” (2 Corinthians 3:1-6).

Notice:

The ministration of death is old and its glory done away
The ministration of the spirit is new and is glorious
The ministration of condemnation is old and was glorious
The ministration of righteousness is new and now excels in glory
The old which is done away was glorious
The new which remains is glorious
The old is that which is abolished
The new is liberating and changes us into the image of the glory of the Lord

The Glory of the New Covenant


“But if the ministration of death, written and engraven in stones, was glorious, so that the children of Israel could not stedfastly behold the face of Moses for the glory of his countenance; which glory was to be done away: How shall not the ministration of the spirit be rather glorious? For if the ministration of condemnation be glory, much more doth the ministration of righteousness exceed in glory. For even that which was made glorious had no glory in this respect, by reason of the glory that excelleth. For if that which is done away was glorious, much more that which remaineth is glorious.

“Seeing then that we have such hope, we use great plainness of speech: And not as Moses, which put a vail over his face, that the children of Israel could not stedfastly look to the end of that which is abolished: But their minds were blinded: for until this day remaineth the same vail untaken away in the reading of the old testament; which vail is done away in Christ. But even unto this day, when Moses is read, the vail is upon their heart. Nevertheless when it shall turn to the Lord, the vail shall be taken away. Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty. But we all, with open face beholding as in a glass the glory of the Lord, are changed into the same image from glory to glory, even as by the Spirit of the Lord” (2 Corinthians 3:7-18).

Monday, October 7, 2019

The children of God are freed from the law

Image: Charles Hodge (1797-1878)

The gospel proposes the only method by which God will justify men — a method which is entirely gratuitous; the condition of which is faith; which is founded on the redemption of Christ; which reconciles the justice and mercy of God; humbles man; lays the foundation for an universal religion, and establishes the law (chap. 3:21-31).

The truth of this doctrine is evinced from the example of Abraham, the testimony of David, the nature of the covenant made with Abraham and his seed, and from the nature of the law. He proposes the conduct of Abraham as an example and encouragement to Christians (chap. 4:1-25).

Justification by faith in Christ secures peace with God, present joy, and the assurance of eternal life (chap. 5:1-11). The method, therefore, by which God proposes to save sinners, is analogous to that by which they were first brought under condemnation. As on account of the offense of one, sentence has passed on all men to condemnation; so on account of the righteousness of one, all are justified (chap. 5:12-21).

The doctrine of the gratuitous justification of sinners cannot lead to the indulgence of sin, because such is the nature of union with Christ, and such the object for which he died, that all who receive the benefits of his death, experience the sanctifying influence of his life, chap. 6:1-11. Besides, the objection in question is founded on a misapprehension of the effect and design of the law, and of the nature of sanctification. Deliverance from the bondage of the law and from a legal spirit is essential to holiness. When the Christian is delivered from this bondage, he becomes the servant of God, and is brought under an influence which effectually secures his obedience (chap. 6:12-23).

As, therefore, a woman, in order to be married to a second husband, must first be freed from her former one, so the Christian, in order to be united to Christ, and to bring forth fruit unto God, must first be freed from the law (chap. 7:1-6).

This necessity of deliverance from the law, does not arise from the fact that the law is evil, but from the nature of the case. The law is but the authoritative declaration of duty; which cannot alter the state of the sinner’s heart. Its real operation is to produce the conviction of sin (vers. 7-13), and, in the renewed mind, to excite approbation and complacency in the excellence which it exhibits, but it cannot effectually secure the destruction of sin. This can only be done by the grace of God in Jesus Christ (chap. 7:7-25).

Those who are in Christ, therefore, are perfectly safe. They are freed from the law; they have the indwelling of the life-giving Spirit: they are the children of God; they are chosen, called, and justified according to the divine purpose; and they are the objects of the unchanging love of God (chap. 8:1-39).

Charles Hodge, A Commentary on Romans (pp. 10-11)

Tuesday, October 1, 2019

That all things must be fulfilled...

Image: John 19 in the TBS edition of Scrivener's TR
I was reading Luke 24:44-49 tonight and it struck me that this was the fulfillment Jesus was speaking of in Matthew 5:17-18…

“And he said unto them, These are the words which I spake unto you, while I was yet with you, that all things must be fulfilled, which were written in the law of Moses, and in the prophets, and in the psalms, concerning me. Then opened he their understanding, that they might understand the scriptures, And said unto them, Thus it is written, and thus it behoved Christ to suffer, and to rise from the dead the third day: And that repentance and remission of sins should be preached in his name among all nations, beginning at Jerusalem. And ye are witnesses of these things. And, behold, I send the promise of my Father upon you: but tarry ye in the city of Jerusalem, until ye be endued with power from on high.” (Luke 24:44-49)

“Think not that I am come to destroy the law, or the prophets: I am not come to destroy, but to fulfil. For verily I say unto you, Till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled.” (Matthew 5:17-18)

Wednesday, May 1, 2019

God’s final word of revelation to the world

Lucas Cranach - The Law and the Gospel

“He [Christ] had come, not to destroy Moses and his work, not to undermine the rightful prestige of the Old Testament mediator, but to bring the religion of Moses to its promised perfection by elevating its commands and teachings to an unexpected grandeur… Just as Moses ascended the mount of Sinai to give the Old Law, Christ ascended the lakeside mountain to deliver the New Law, one incomparably superior to that of Moses. This New Law calls blest the poor, the sorrowful, the meek, the just, the merciful, the simple, the peacemakers, the persecuted. It insists on the internal dispositions of men rather than on external practices, on the spirit which should inspire alms, prayers and fastings more than on the actions themselves. Above all, it demands a constant and perfect practice of universal love and in this, particularly, does the New Law of Christ differ sharply from the Mosaic Law which was based solidly on the virtue of justice.

Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloke also. And whosoever shall compel thee to go a mile, go with him twain. Give to him that asketh thee, and from him that would borrow of thee turn not thou away. Ye have heard that it hath been said, Thou shalt love thy neighbour, and hate thine enemy. But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you; That ye may be the children of your Father which is in heaven: for he maketh his sun to rise on the evil and on the good, and sendeth rain on the just and on the unjust. (Matthew 5:38-45)

In conclusion then, we can determine the following important aspects of Christ’s apostolate. His teaching was his acceptance of the role previously held by Moses. He had come as the greatest of all prophets, the incarnate Word of God bearing God’s final word of revelation to the world. In a manner surpassing that of Moses, he had also come as the new Law-giver, and this law could be reduced to one command—love. He called for a truly interior dedication to God, for which the phrase, ‘utter and undying love,’ seems the only sufficient description.”

Neal M. Flanagan, Salvation History, pp. 150;159

Saturday, January 26, 2019

The horrifying uncertainty of love and grace


The uncertainty of fluctuating things like love and grace horrifies us. Saying that God loves us grants us no reassurance. We would prefer it if he gave us fifty things to do, so that when we had done them we could be at peace. We do not want an ongoing relationship with God. We prefer a rule. It does not satisfy us that God shows grace to us or frees us. We prefer to bind him by our virtues and to be sure that he has no freedom to do with us as he chooses… We have set up sovereignties (ecclesiastical or political) that represent God on earth and with which we can have a clear relationship. We have overvalued law, making it an expression of God’s will. We have replaced the sovereignty of love with that of politics, and liberty with duties.

Jacques Ellul, The Subversion of Christianity (p. 152)

Monday, January 21, 2019

The Freedom of Love




As Genesis shows us, the origin of sin in the world is not knowledge, as is often said (as though God were interdicting our intellectual development, which would be absurd); it is the knowledge of good and evil. In this context knowledge means decision. What is not acceptable to God is that we should decide on our own what is good and what is evil. Biblically, the good is in fact the will of God. That is all. What God decides, whatever it may be, is the good. If then we decide what the good is, we substitute our own will for God’s. We construct a morality when we say (and do) what is good, and it is then that we are radically sinners. To elaborate a moral system is to show oneself to be a sinner before God, not because the conduct is bad, but because, even if it is good, another good is substituted for the will of God. 

This is why Jesus attacks the Pharisees so severely even though they are the most moral of people, live the best lives, and are perfectly obedient and virtuous. They have progressively substituted their own morality for the living and actual Word of God that can never be fixed in commandments. In the Gospels Jesus constantly breaks religious precepts and moral rules. He gives as his own commandment “Follow me,” not a list of things to do or not do. He shows us fully what it means to be a free person with no morality, but simply obeying the ever-new Word of God as it flashes forth. Similarly, Paul attacks what might seem to be morality in Judaism, rules and precepts laid down by men and not coming from God at all. The great mutation is that we have been freed in Jesus Christ. The primary characteristic of free people is that they are not bound to moral commandments. “All things are lawful,” Paul twice proclaims. “Nothing is impure,” he teaches. We find the same message in Acts. We are as free as the Holy Spirit, who comes and goes as he will. This freedom does not mean doing anything at all. It is the freedom of love. Love, which cannot be regulated, categorized, or analyzed into principles or commandments, takes the place of law. The relationship with others is not one of duty but of love.

Jacques Ellul, The Subversion of Christianity (pp. 70-71)   

Sunday, October 21, 2018

Christians are constantly obliged to renew God’s demand



In reality, all solutions, all economic, political, and other achievements, are temporary. Christians cannot at any time or to any extent believe that they are complete and will endure. They are always contaminated by the sin that binds them, by the very environment in which they exist. Thus Christians are constantly obliged to renew God’s demand, to bring this order repeatedly into confrontation with an order that is moving constantly toward disorder. And because of God’s always-fresh demand on the world, Christians are placed in this way in a permanently revolutionary situation. Even when the institutions, laws, and reforms that they advocate come to pass, even if society is reorganized along the lines that they have advocated, they must remain in opposition and require yet more, because what God demands is infinite, as is his pardon. Thus Christians are called to continually question all that is termed progress, discoveries, facts, established results, reality, and so on. They cannot be satisfied at any time with all this toil, and, as a result, they must demand that it be surpassed and replaced. They exercise their judgement according to the Spirit---they do what is essentially revolutionary. If it is not so, it is because in some way Christians have betrayed their vocation in the world.

Jacques Ellul, Presence in the Modern World (p. 30)    

Monday, October 15, 2018

As compared with the gospel, the Law has lost its glory

Lucas Cranach - The Law and the Gospel


“For even that which was made glorious [the Law] had no glory in this respect, by reason of the glory that excelleth.” 
2 Corinthians 3:10

“The English expresses it very fairly. ‘In this point,’ as compared with the gospel, the Law has lost its glory; it is thrown into the shade by ‘the glory that excelleth.’”

Ellicott’s Commentary on the Bible

“There is such an excelling glory in the Gospel, that the other [the Law] is swallowed up and lost in it.”

Gill’s Exposition of the Entire Bible