1 (cid:55)(cid:80)(cid:77)(cid:86)(cid:78)(cid:70)(cid:1)(cid:19) (cid:56)(cid:74)(cid:79)(cid:85)(cid:70)(cid:83)(cid:1)(cid:18)(cid:26)(cid:24)(cid:22)(cid:109)(cid:24)(cid:23) (cid:47)(cid:86)(cid:78)(cid:67)(cid:70)(cid:83)(cid:1)(cid:19) (cid:1134)(cid:70)(cid:1)(cid:43)(cid:80)(cid:86)(cid:83)(cid:79)(cid:66)(cid:77)(cid:1)(cid:80)(cid:71) (cid:36)(cid:73)(cid:83)(cid:74)(cid:84)(cid:85)(cid:74)(cid:66)(cid:79) (cid:51)(cid:70)(cid:68)(cid:80)(cid:79)(cid:84)(cid:85)(cid:83)(cid:86)(cid:68)(cid:85)(cid:74)(cid:80)(cid:79) (cid:52)(cid:90)(cid:78)(cid:81)(cid:80)(cid:84)(cid:74)(cid:86)(cid:78)(cid:1)(cid:80)(cid:79) (cid:35)(cid:74)(cid:67)(cid:77)(cid:74)(cid:68)(cid:66)(cid:77)(cid:1)(cid:45)(cid:66)(cid:88) (cid:34)(cid:1)(cid:36)(cid:41)(cid:34)(cid:45)(cid:36)(cid:38)(cid:37)(cid:48)(cid:47)(cid:1)(cid:49)(cid:54)(cid:35)(cid:45)(cid:42)(cid:36)(cid:34)(cid:53)(cid:42)(cid:48)(cid:47) A Chalcedon Publication [www.chalcedon.edu] 10/6/06 COPYRIGHT The Journal of Christian Reconstruction A CHALCEDON MINISTRY Volume II/ Number 2 Winter 1975 Symposium on Biblical Law Gary North, Editor Electronic Version 1.0 / July 6, 2005 Copyright © 1975 Chalcedon. All rights reserved. Usage: Copies of this file may be made for personal use by the original purchaser of this electronic document. It may be printed by the same on a desktop printer for personal study. Quotations may be used for the purpose of review, comment, or scholarship. However, this publication may not be duplicated or reproduced in whole or in part in any electronic or printed form by any means, uploaded to a web site, or copied to a CD-ROM, without written permission from the publisher. Chalcedon P.O. Box 158 Vallecito, California 95251 U.S.A. To contact via email and for other information: www.chalcedon.edu Chalcedon depends on the contributions of its readers, and all gifts to Chalcedon are tax-deductible. Opinions expressed in this journal do not necessarily reflect the views of Chalcedon. It has provided a forum for views in accord with a relevant, active, historic Christianity, though those views may have on occasion differed somewhat from Chalcedon’s and from each other. A Chalcedon Publication [www.chalcedon.edu] 10/6/06 THE JOURNAL OF CHRISTIAN RECONSTRUCTION This journal is dedicated to the fulfillment of the cultural mandate of Genesis 1:28 and 9:1—to subdue the earth to the glory of God. It is published by the Chalcedon Foundation, an independent Christian educational organization. The perspective of the journal is that of orthodox Christianity. It affirms the verbal, plenary inspiration of the original manuscripts (autographs) of the Bible and the full divinity and full humanity of Jesus Christ—two natures in union (but with- out intermixture) in one person. The editors are convinced that the Christian world is in need of a serious publi- cation that bridges the gap between the newsletter-magazine and the scholarly academic journal. The editors are committed to Christian scholarship, but the journal is aimed at intelligent laymen, working pastors, and others who are interested in the reconstruction of all spheres of human existence in terms of the standards of the Old and New Testaments. It is not intended to be another outlet for professors to professors, but rather a forum for serious discussion within Christian circles. The Marxists have been absolutely correct in their claim that theory must be united with practice, and for this reason they have been successful in their attempt to erode the foundations of the non-communist world. The editors agree with the Marxists on this point, but instead of seeing in revolution the means of fusing theory and practice, we see the fusion in personal regeneration through God’s grace in Jesus Christ and in the extension of God’s kingdom. Good princi- ples should be followed by good practice; eliminate either, and the movement falters. In the long run, it is the kingdom of God, not Marx’s “kingdom of free- dom,” which shall reign triumphant. Christianity will emerge victorious, for only in Christ and His revelation can men find both the principles of conduct and the means of subduing the earth—the principles of Biblical law. The Journal of Christian Reconstruction is published twice a year. Copyright by Chalcedon, 1975. The reproduction of the Journal by any means, including Xerox or photocopying, is strictly prohibited. An exception is made in the case of cita- tions of less than 1,000 words in manuscripts and reviews, where the source is indicated. Editorial and subscription offices: P.O. Box 158, Vallecito, California 95251. A Chalcedon Publication [www.chalcedon.edu] 10/6/06 TABLE OF CONTENTS Copyright Contributors Editor’s Introduction Gary North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 1. SYMPOSIUM: BIBLICAL LAW Biblical Law and Western Civilization Rousas John Rushdoony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Some Problems with Natural Law John W. Robbins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Lawlessness Charles E. Rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 The Adversary Concept Frederic N. Andre & Rousas John Rushdoony . . . . . . . . . . . . . . . . . . . . . . . . . . .42 The Common Law and the Common Good T. Robert Ingram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Double Jeopardy: A Case Study in the Influence of Christian Legislation Greg L. Bahnsen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 Pornography, Community, and the Function of Law Gary North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 Liberty, Tyranny, and the Second Amendment Edward M. Davis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 The Coming Crisis in Criminal Investigation Edward Powell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 Innocent Victims of the Criminal Justice System Mitchell C. Lynch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119 Forgiveness Requires Restitution Paul A. Doepke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 Law and Atonement in the Execution of Saul’s Seven Sons Greg L. Bahnsen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .139 Introduction to John Cotton’s Abstract of the Laws of New England Greg L. Bahnsen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 An Abstract of the Laws of New England John Cotton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160 A Chalcedon Publication [www.chalcedon.edu] 10/6/06 Table of Contents 5 2. CHRISTIAN RECONSTRUCTION Contemporary Preaching: Biblical Preaching vs. Obfuscation Rousas John Rushdoony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .176 Contemporary Religious Journalism: Drifting Along with Christianity Today Gary North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .181 Jesus and the Tax Revolt Rousas John Rushdoony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .188 3. DEFENDERS OF THE FAITH John Wyclif Diana Lynn Walzel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .193 4. BOOK REVIEWS The Price of Perfect Justice, by Macklin Fleming. Reviewed by Gary North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Thinking About Crime, by James Q. Wilson. Reviewed by Gary North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 The Victims, by Frank G. Carrington. Reviewed by Rousas John Rushdoony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 The Ethics of Smuggling, by Brother Andrew. Reviewed by Greg L. Bahnsen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Morality, Law and Grace, by J. N. D. Anderson. Reviewed by Greg L. Bahnsen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 The Ministry of Chalcedon A Chalcedon Publication [www.chalcedon.edu] 10/6/06 CONTRIBUTORS Frederic Andre, J.D., is Director of the Medical Liability Commission. He received his M.B.A. degree from Stanford University and his J.D. from Valparaiso University School of Law. He was formerly the technical director of the Indiana Public Service Commission. Greg L. Bahnsen, Th.M, is Assistant Professor of Apologetics at Reformed Theolog- ical Seminary in Jackson, Mississippi. He is a Ph.D. candidate in philosophy at the University of Southern California. He is an ordained minister in the Orthodox Pres- byterian Church. Edward M. Davis is Chief of Police of the City of Los Angeles. Paul A. Doepke, M. Div., is pastor of Munson Hill Reformed Presbyterian Church in Falls Church, Virginia. T. Robert Ingram, B.D., is pastor of St. Thomas Episcopal Church in Houston, Texas. He is the author of The World Under God’s Law and the editor of Essays on the Death Penalty. Mitchell C. Lynch is a columnist for The Wall Street Journal. Gary North, Ph.D., is the editor of The Journal of Christian Reconstruction. He also writes a biweekly economic newsletter, Remnant Review. He is the author of Marx’s Religion of Revolution and An Introduction to Christian Economics. Edward Powell, B.S., was formerly a member of the Glendale police department and is presently employed by Chalcedon. Charles E. Rice is Professor of Law at the University of Notre Dame Law School. John W. Robbins, Ph.D., is on the staff of the Heritage Foundation in Washington, D.C. He received his doctorate from Johns Hopkins in political philosophy. He is the author of Answer to Ayn Rand: A Critique of the Philosophy of Objectivism. Rousas John Rushdoony, M.A., B.D., is President of Chalcedon. He is the author of numerous books, including Institutes of Biblical Law, Law and Liberty, Politics of Pornography, Word of Flux, and Politics of Guilt and Pity. Diana Lynn Walzel, Ph.D., received her degree in history from Rice University. A Chalcedon Publication [www.chalcedon.edu] 10/6/06 EDITOR’S INTRODUCTION Gary North One of the most important aspects of the ministry of Chalcedon is its concern with the restoration and extension in modern society of the principles of biblical law. The topic has been forgotten in the Christian West for over a century, and in many respects, for over three centuries. The implications and applications of biblical law in every area of soci- ety, including the sphere of civil government, have been ignored by both Christian and secular scholars in our era. As a result, the break- down in secular legal structures throughout the world—a legal crisis which is becoming increasingly obvious to voters, politicians, and humanistic scholars—has not brought with it a cry for the restoration of biblical law, the only alternative which has any possibility of survival in the long run. Because Christians have been baptizing the established humanistic legal structures for three hundred years, in nation after nation, they are now immersed in a secular culture which is in the pro- cess of decay. Like the salt which has lost its savor, Christians have become impotent to build alternative institutions that are based on explicitly biblical revelation. The emphasis on personal piety and holi- ness in the narrow settings of the family and the church has, in effect, left the world to the Devil. Now that the world has seemingly gone to the Devil, Christians find that neither their families nor their churches are immune to the cultural infection which is rapidly becoming an epi- demic. In 1850, Karl Marx presented an address to the Communist League (which later became the Communist International). This is one of the most important pieces of Communist strategy ever written, for it out- lined a system of subversion that has proven to be incredibly effective. Marx recommended terrorism, but only within the framework of order. The key to success, Marx said, would be the creation of a secret underground government which could then take over the functions of civil government once the established bourgeois government was destroyed by revolutionary violence. Marx could therefore make a tem- A Chalcedon Publication [www.chalcedon.edu] 10/6/06 8 JOURNAL OF CHRISTIAN RECONSTRUCTION porary alliance with an anarchist like Bakunin, just as Lenin was to make similar alliances during the initial stages of the Russian Revolu- tion. But the anarchists were invariably doomed to failure, for they never had an organizational alternative to the fallen civil government. They had no structure ready to replace the political power of the defeated class. The account of the Russian Revolution by the anarchist who participated in it, Voline’s The Unknown Revolution (1947), is a testimony to the impotence of anarchistic violence. The anarchists, because of their very principles, could not provide leadership. There- fore, the most unprincipled of the violent groups, the Bolsheviks, tri- umphed. Lenin’s party, ready to {2} take over in the political vacuum, swept over the “merely terroristic” participants and silenced them. Christian organizations need not be secret societies. Christians must slowly develop leadership capabilities, first demonstrating to lost men in local settings that the Bible does speak to every area of life. Mouthing platitudes about the whole counsel of God, modern pietistic Christians have been fearful of spelling out exactly how the Bible provides specific alternatives—workable alternatives—in every area of life. Leadership must begin in the family (1 Tim. 3); then it spreads out to the other areas of life: school, church, business, charitable organizations, profes- sional associations, craft guilds, and civil government. Without practi- cal experience based on explicit biblical alternatives to secularism, Christians can have little hope of victory. Social change, if it is to be biblically progressive, requires two essen- tial factors. First, it requires optimism on the part of the remnant. It requires the future orientation of Jeremiah, who in the midst of social and political disaster was told to purchase a field—God’s covenantal sign to him of the ultimate restoration of Israel (Jer. 32:7–9). It is not enough simply to list the responsibilities of Christians in every sphere of life; men must believe that such responsibilities can be fulfilled and will be fulfilled, on earth and in time. It is not enough, therefore, for men to preach an amillennial view of men’s kingdom responsibilities, stripping them of hope concerning Christian victory in human history, for such preaching only makes men feel guilty, and guilty men can sel- dom take effective positions of leadership. The prayer of men, “thy kingdom come,” must have conviction behind it, for without such con- viction, James tells us, prayer is ineffectual (Jas. 1:6–7). It was the post- A Chalcedon Publication [www.chalcedon.edu] 10/6/06 Editor’s Introduction 9 millennial hope of the Puritans that enabled them to begin the trans- formation of the American continent. That eschatological perspective was not shared by the other Christian groups that had begun coloniza- tion at the same time, and they did not see their labors prosper. Second, men need a system of law which is unique. Without a special legal sys- tem encompassing every area of life, the tool of directed social change is missing. This, too, the Puritans had, as the Abstract of the Laws of New England compiled by John Cotton demonstrates. If Christians are to act as cultural leaven, they must proclaim a uniquely biblical system of law. Without it, they can merely parrot the various secular systems, all of which have been weighed in the balance of history and have been found wanting. The importance of biblical law in the history of Western Civilization is a fact usually ignored by modern historians. R. J. Rushdoony’s intro- ductory essay drives home the point that all justice means law, and for Christians this should mean the law of God. The advent of pietism in the seventeenth century began to erode the faith in biblical law which had undergirded Western Civilization from Augustine’s day forward. Nevertheless, as John W. Robbins argues, this commitment to revealed law had always been clouded by a concept of natural law—the logic of the autonomous, unregenerate, neutral mind. There is no neutrality, {3} Robbins argues, and therefore any attempt to fuse biblical law and any system of hypothetically neutral law is doomed to failure. It was the Reformation which provided legal principles that could later be used by Puritans and others to replace the collapsing systems of natural law. Lawlessness, concludes Professor Charles Rice, is the mark of mod- ern legality. We are witnessing the collapse of secular law in America, and this gives Christians the opportunity to offer alternatives to a con- fused and desperate world. Frederic N. Andre and R. J. Rushdoony provide further documentation for Professor Rice’s point: by focusing on a hypothetical metaphysical dualism between good and evil, rather than the moral nature of the division, modern legal theorists have drifted into relativism. Statute law, rather than the Bible-based com- mon law, triumphed in America after the Civil War, and the result has been legal chaos. T. Robert Ingram concludes that the common law principle of equality before the law was grounded in biblical revelation (Deut. 10:17), and that the abandonment of this principle has led to the A Chalcedon Publication [www.chalcedon.edu] 10/6/06 10 JOURNAL OF CHRISTIAN RECONSTRUCTION creation of a gangster State. Common law, therefore, was in origin a Western application of biblical law. Greg L. Bahnsen provides support- ing evidence for this thesis: the rule prohibiting a second trial for a man declared innocent. This rule has protected men from continual harassment, and by abandoning it, churches and civil governments have created a world in which innocent men are far less safe from scur- rilous attacks than before. By ignoring common law principles because they are supposedly secular, church leaders have abandoned a formida- ble body of applied biblical law. The application of biblical law to specific instances of modern life is always a difficult problem, but an inescapable one for any serious Christian. My essay on the problem of pornography focuses on the question of community. Specifically, can a community survive if it can- not enact moral legislation? Can the civil government become morally neutral? Can a godly society, or any society, survive in the face of the destruction of the family unit—the real area of concern for those who would prohibit pornographic literature—and if not, should the State take a position of neutrality? Chief of police Edward M. Davis asks the reverse question: Can the people of the community defend themselves against tyranny if they have been denied a basic constitutional free- dom, the right to bear arms? He admits openly that the police forces of America cannot possibly defend property and human life apart from an armed citizenry. Disarmed law-abiding citizens would be at the mercy of armed criminals. The protection of the family, concludes Chief Davis, requires the right to own weapons. Davis’s skepticism con- cerning the ability of policemen to provide all the protection we need is echoed by former policemen Edward Powell. The basic investigative techniques used by police since the days of the Patriarchs have not changed, although technology has. By making the use of informants too difficult (mainly by exposing them to criminal retaliation), the courts have begun to erode the most important single factor in the investigation of criminal activity. The informant, not scientific {4} analysis, is the key element. Without him, we face the revival of pagan techniques of investigation: terror, torture, and pretrial incarceration for years rather than days. Men will have order; if the courts make Christian order illegal, then pagan tyranny looms ahead. A Chalcedon Publication [www.chalcedon.edu] 10/6/06