Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, 6 October 2021

Marital rape

There are arguments for and against the proposition that a husband can rape his wife. The disagreements are, in part, over what the phrase actually means. When one asks if a husband can rape his wife there are several different questions one could be asking.

  1. Is a man able to force his wife to have sex against her will?
  2. Does sex with one’s wife against her will constitute rape?
  3. Does marriage give a man permanent consent to sex with his wife?
  4. Is a wife permitted to refuse to have sex with her husband?
  5. May a husband override his wife’s refusal of sex?
  6. Should the state legislate marital rape laws?

All these are related but distinct questions. They are questions that might be assumed but not articulated when discussing the issue of marital rape. Throughout I am discussing the situation of a husband physically forcing his wife to have sex while she is trying to prevent him. Similar responses would relevant for a wife physically forcing sex with her husband against his will, although that would seem to be an uncommon situation.

Question 1 may be what some people mean by the question: Can a husband rape his wife? Many men are physically capable of forcing sex on a woman when she is unwilling, and that remains the case in marriage. If a wife absolutely refuses sex with her husband, it is the case that many husbands would be physically capable of forcing coitus. Question 1 is obviously true. It is in the other questions where the debate really lies.

In Paul’s letter to the Corinthians, Paul argues that in matters of sex, the husband and wife no longer retain dominion of their own bodies. Husbands are not to refuse wives and wives are not to refuse husbands.

The husband must fulfill his obligation to his wife, and likewise also the wife to her husband. The wife does not have authority over her own body, but her husband does. And likewise also the husband does not have authority over his own body, but his wife does. Do not defraud one another, except perhaps by agreement, for a time, in order that you may devote yourselves to prayer, and then you should be together again, lest Satan tempt you because of your lack of self control. (1Co 7:3-5 LEB)

That Paul is commanding this to the husbands and wives means that there is a possibility that a spouse may refuse sex. Paul states that refusal is forbidden, moreover that the refusal of sex is fraudulent behaviour towards one’s spouse. But note who the command is given to: the command is given to the husband to fulfill his obligation and the wife to fulfill hers. There is no command that states that if a husband or wife refuses then the other is entitled to force the non-compliant spouse. The question of forcing sex is not being addressed by Paul here, rather the question of refusing sex. A wife could wrongly refuse sex and a husband could, in response to being wronged, wrongly force it. And it would seem from elsewhere in the Bible that obtaining what one is otherwise entitled to by force can be wrong. The principles of laying down one’s life for another, of loving to our own detriment, of fighting battles for others and asking God to fight our battles, of turning the other cheek; these biblical principles are all consistent with not forcing sex when a spouse wrongly refuses it.

So why does Paul give these commands to the Corinthians? Because they were needed. Men and women in Corinth may have been refusing sex to their spouses—though possibly out of a pious motive of a perceived heightened spirituality. Of course this is not true piety, it is not more spiritual to break one’s marriage vows however pious one claims to be otherwise. The Pharisees excused a son’s obligations to his parents if he offered service to God instead. Jesus rebuked false piety and noted that it is in fact rejecting God’s commandment (Mark 7:9-11). Marriage is a commitment between one man and one woman for life with sexual fidelity. As such, marriage vows are an agreement to be both only and always sexually faithful to one’s wife. In modern parlance, marriage vows are a permanent consent to sex with one’s spouse.

This is why the terminology of “rape” is so difficult to apply. How do you apply an idea about consent, or lack thereof, in a situation where permanent consent has been vowed? The idea that a spouse can consent, or not, to sex on a daily or hourly basis in antithetical to marriage vows. The question of marital rape is asked in a language (or culture) of consent whereas the Bible has a language of sexual fidelity. Sex outside of marriage is wrong regardless of the amount of consent given by both parties. And sex inside of marriage is what has been vowed. The whole question of marital rape would seem absurd to many women in ancient times. “What do you mean you refuse to have sex with your husband because you don’t want to?”

Friday, 22 January 2021

Principles of the talion

God gave commands to the Israelites through Moses after deliverance from Egypt. One of the most significant principles he taught them was that of talion: the command that punishment is to be measured by the criminal act. As such it was measured: there were limitations as to how bad a punishment could be.

By the time of Jesus the principle was being misapplied. Men were using it is justify their desire for personal revenge and neglecting the matter of mercy. Ever seeking justice for themselves they failed to realise that what they most needed was forgiveness. If they wanted mercy from God they needed to offer mercy to men.

In our own age that has had 2000 years of Christendom teaching mercy we risk neglecting justice for others. It is true that we need to allow vengeance at God's hand and not pursue personal vendettas, even so, victims require justice, and God has given us his principles for justice.

At its most simple the principle of talion is to require the criminal to receive what he has done. This is restricted to permanent personal damage done intentionally, or at least caused by gross criminal negligence. Thus,
  • Remove an eye: lose an eye
  • Kill a person: be executed
The principle does not apply to non-permanent personal damage or to crimes of property. Thus a judge can request a man be lashed (though this is limited to 40 lashes for the sake of shame), and thieves can be fined more than what they stole to act as a future disincentive.

There are several aspects to the talion. The first is that punishment is limited. Limited to the level at which a crime is performed. If a man is intentionally causing permanent injury to another then the consequence for him can be no greater than the harm caused. If he blinds a man in one eye you cannot blind him in both. If he cuts off a finger you can't cut off an arm. Related to this is the fact that, excepting execution, one cannot be maimed for infractions that do not maim others. A thief is not to have his hand cut off. A voyeur is not to have his eye plucked out.[1]

Certain crimes are still capital offences. Treason, adultery, etc may still require the death penalty but judges are not permitted to maim and mutilate indiscriminately.

A second aspect is that men are to be punished if they give fraudulent evidence that may cause maiming. When a man falsely testifies to something that would lead to damage he is to receive the same,
If a malicious witness arises to accuse a person of wrongdoing, then both parties to the dispute shall appear before the Lord, before the priests and the judges who are in office in those days. The judges shall inquire diligently, and if the witness is a false witness and has accused his brother falsely, then you shall do to him as he had meant to do to his brother. So you shall purge the evil from your midst. And the rest shall hear and fear, and shall never again commit any such evil among you. Your eye shall not pity. It shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. (Deu 19:16-21)
The command that your eye shall not pity may mean that the judge is not permitted to give a lesser punishment or substitute a fine; it is a minimum sentence.

The implications of this principle are striking. Essentially a false accusation incurs the guilt of the crime. A man accusing someone of murder bears the guilt of murder. A woman who falsely claims rape is as guilty as a rapist.


[1] The only exception appears to be if a woman grabs a man by his testicles during a fight. In this case she was to have her hand cut off and a fine could not be substituted (Deu 25:11-12). One possible explanation is that such behaviour could cause injury to the testicles (such as sterility, the context concerns descendants) so she was to receive a punishment that was appropriate. This would be her hand as females do not have testicles and she used her hand to commit the offence.

Friday, 24 July 2020

Numbering the 10 Commandments

God gives the ten commandments in Exodus and reiterates them in Deuteronomy. They are alluded to elsewhere in Scripture but they are not further listed, nor numbered.

Various people and groups have enumerated the commandments differently. A defense can be made for the Protestant divisions based on how the commandments are documented in the Bible.

God first gives his commandment to the Israelites at Mount Sinai after they had come out from Egypt. God had been speaking to Moses on the mountain and told the Israelites to consecrate themselves ready for God but not touch the mountain.
And God spoke all these words, saying,
“I am the Lord your God, who brought you out of the land of Egypt, out of the house of slavery.
“You shall have no other gods before me.
“You shall not make for yourself a carved image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth. You shall not bow down to them or serve them, for I the Lord your God am a jealous God, visiting the iniquity of the fathers on the children to the third and the fourth generation of those who hate me, but showing steadfast love to thousands of those who love me and keep my commandments.
“You shall not take the name of the Lord your God in vain, for the Lord will not hold him guiltless who takes his name in vain.
“Remember the Sabbath day, to keep it holy. Six days you shall labor, and do all your work, but the seventh day is a Sabbath to the Lord your God. On it you shall not do any work, you, or your son, or your daughter, your male servant, or your female servant, or your livestock, or the sojourner who is within your gates. For in six days the Lord made heaven and earth, the sea, and all that is in them, and rested on the seventh day. Therefore the Lord blessed the Sabbath day and made it holy.
“Honor your father and your mother, that your days may be long in the land that the Lord your God is giving you.
“You shall not murder.
“You shall not commit adultery.
“You shall not steal.
“You shall not bear false witness against your neighbor.
“You shall not covet your neighbor's house; you shall not covet your neighbor's wife, or his male servant, or his female servant, or his ox, or his donkey, or anything that is your neighbor's.” (Exo 20:1-17)
Later in Deuteronomy Moses reiterates these commandments. Moses states that God made a covenant at the mountain and Moses tells a new generation the commandments that God had given.
He [God] said
“I am the Lord your God, who brought you out of the land of Egypt, out of the house of slavery.
“You shall have no other gods before me.
“You shall not make for yourself a carved image, or any likeness of anything that is in heaven above, or that is on the earth beneath, or that is in the water under the earth. You shall not bow down to them or serve them; for I the Lord your God am a jealous God, visiting the iniquity of the fathers on the children to the third and fourth generation of those who hate me, but showing steadfast love to thousands of those who love me and keep my commandments.
“You shall not take the name of the Lord your God in vain, for the Lord will not hold him guiltless who takes his name in vain.
“Observe the Sabbath day, to keep it holy, as the Lord your God commanded you. Six days you shall labor and do all your work, but the seventh day is a Sabbath to the Lord your God. On it you shall not do any work, you or your son or your daughter or your male servant or your female servant, or your ox or your donkey or any of your livestock, or the sojourner who is within your gates, that your male servant and your female servant may rest as well as you. You shall remember that you were a slave in the land of Egypt, and the Lord your God brought you out from there with a mighty hand and an outstretched arm. Therefore the Lord your God commanded you to keep the Sabbath day.
“Honor your father and your mother, as the Lord your God commanded you, that your days may be long, and that it may go well with you in the land that the Lord your God is giving you.
“You shall not murder.
“And you shall not commit adultery.
“And you shall not steal.
“And you shall not bear false witness against your neighbor.
“And you shall not covet your neighbor's wife. And you shall not desire your neighbor's house, his field, or his male servant, or his female servant, his ox, or his donkey, or anything that is your neighbor's.” (Deu 5:5-21)
After speaking these commandments from God Moses says,
These words the Lord spoke to all your assembly at the mountain out of the midst of the fire, the cloud, and the thick darkness, with a loud voice; and he added no more. And he wrote them on two tablets of stone and gave them to me. (Deu 5:22)
From this we know that these words direct from God were written on tablets and that they end with his commands against coveting. And they clearly start with “I am the Lord your God, who brought you out of the land of Egypt, out of the house of slavery.”

Elsewhere Moses notes the covenant and refers to the tablets as containing the ten commandments (ten words).
And the Lord said to Moses, “Write these words, for in accordance with these words I have made a covenant with you and with Israel.” So he was there with the Lord forty days and forty nights. He neither ate bread nor drank water. And he wrote on the tablets the words of the covenant, the Ten Commandments. (Exodus 34:27-28)
These two passages in Exodus and Deuteronomy contain the words spoken by God, and they also tell us that the commandments that were written on tablets, and that there are 10 of them.

There are a limited number of ways that these commands can be divided up. Several of the commands are brief and are not variants of the commands either side. The prohibition against murder is distinct from the prohibition against adultery which is distinction from the prohibition against stealing.

The potential divisions proposed, in order, are:
  1. I am the Lord your God
  2. You shall have no other gods before me
  3. You shall not make for yourself a carved image
  4. You shall not bow down to them or serve them
  5. You shall not take the name of the Lord your God in vain
  6. Remember the Sabbath day, to keep it holy
  7. Honor your father and your mother
  8. You shall not murder
  9. You shall not commit adultery
  10. You shall not steal
  11. You shall not bear false witness against your neighbor
  12. You shall not covet your neighbor's house
  13. You shall not covet your neighbor's wife
  14. [You shall not covet] or his male servant, or his female servant, or his ox, or his donkey, or anything that is your neighbor's
It seems clear that of the above items #6, #7, #8, #9, #10, #11 are 6 separate commands. All other proposals also separate #5 as a single command. The various proposals concern whether coveting is one or two commands (#12, #13, #14), and how to separate the first few commands (#1, #2, #3, #4).

The command not to covet specifies the verb "covet" twice in Exodus; it is prior to both neighbour's house and neighbour's wife; the other items of one's neighbour are also prohibited by inference of the prior verb. In Deuteronomy the order of the first two prohibitions is reversed. The command is first not to covet a neighbour's wife, then a neighbour's house; again the other items are inferred by the prior verb. Of note, the verb for "covet" in Exodus is "khamod." In Deuteronomy the same verb is used for coveting a wife, but a different verb for coveting a house: "ʾavah."

The command is: do not covet. Coveting is the primary issue. And Paul says that the vice is effectively the vice of idolatry; interestingly earlier prohibited.
Put to death therefore what is earthly in you: sexual immorality, impurity, passion, evil desire, and covetousness, which is idolatry. (Col 3:5)
Further, the order in Exodus, which was when the commandments were first given by God, has the coveting of a wife after that of a house. If we are to enumerate coveting as two different commands then God is saying,
  1. Command 9: Do not covet a house
  2. Command 10: Do not covet a wife
  3. Corollary: And command 9 also includes other items that belong to one's neighbour.
While God gives reasons for a command within the command, it seems less likely that he would return to an earlier command after given a subsequent one.

Not coveting along with the other commands already mentioned totals 8 commands. Divisions #1 through #4 are also variously divided. Making images to act as gods and bowing to those same gods is in principle a similar action. While one can worship a false god without an image, the command is assuming images that are made in order to be worshipped. It was not against God's law to draw, sew or carve pictures of creatures. So the question is whether having no other god is distinct from setting up a physical idol to worship. One could group the command into a general anti-idolatrous command: Don't worship foreign gods; don't make images of gods; don't worship images. Nevertheless, these commands are more distinct than commands not to covet various things. If we group the directly idolatrous commands as a single commandment then we have a total of 9 commandments. The tenth commandment is variously identified as coveting or as the preamble. We have discussed coveting, and the preamble is hardly a commandment.
I am the Lord your God, who brought you out of the land of Egypt, out of the house of slavery.
The ten commandments are therefore as follows:
  1. You shall have no other gods before me
  2. You shall not make for yourself a carved image; you shall not bow down to them or serve them
  3. You shall not take the name of the Lord your God in vain
  4. Remember the Sabbath day, to keep it holy
  5. Honor your father and your mother
  6. You shall not murder
  7. You shall not commit adultery
  8. You shall not steal
  9. You shall not bear false witness against your neighbor
  10. You shall not covet

Tuesday, 6 March 2018

Letter to the Galatian church

Galatians has a theme running through the letter which is important to recognise in order to understand the epistle rightly. Paul's concern is that the Galatians wish to enforce the Mosaic Law on Gentile Christians. This is problematic because not only is it incorrect and unnecessary, it denies the essence of the gospel. By trying to enforce this the Judaisers were denying salvation through faith in Christ alone. Paul begins his letter identifying this very issue:
I am astonished that you are so quickly deserting him who called you in the grace of Christ and are turning to a different gospel (Gal 1:6).
What follows in the letter is an extended treatise on how Christ supercedes the Mosaic Law.

Paul states that there is only one gospel; that all other gospels are false; that anyone who preaches otherwise should be accursed; that Paul did not get this gospel from man but directly form Christ himself; that this is evidenced by his conversion from a persecutor of the church to a preacher of the gospel to the Gentiles; and that he confirmed with the apostles that the gospel he taught to the Gentiles was the true gospel.

It was evident to the apostles that just as they had been entrusted the gospel to the Jews, Paul was entrusted the gospel to the Gentiles. From this background Paul speaks against Gentiles having to obey the Mosaic Law. The Judaisers claimed that the Gentiles coming into the church had to obey the Mosaic Law including becoming circumcised. Paul therefore uses circumcision to refer to Jews and uncirumcision to refer to non-Jews. He proves his position first by referring to the situation in other churches and then by appeal to Scripture.

Concerning the situation in other churches Paul states that Titus the Greek was not compelled to be circumcised. He also notes that Peter was eating with Gentiles even though Jews do not eat with Gentiles. It was only after Judaisers infiltrated the church that Peter stopped eating with Gentiles, others followed suit. Paul labels the Judaisers the circumcision group, and not only did they persuade Peter but other Jews as well. Paul states that such behaviour is hypocritical and points out that he, Paul, had to rebuke Peter for trying to get the Gentiles to obey the Mosaic Law. If Peter, though a Jew, was permitted to behave like a Gentile, how much more so were Gentiles allowed to do so, That is, Gentiles do not have to behave like Jews: they do not have to obey the Mosaic Law.

It is uncertain what Paul is saying next. Translations differ as to whether Paul's rebuke to Peter ends at verse 14 or verse 21. If the quote ends at verse 14 then the subsequent discourse could be a development of Paul's rebuke of Peter or a new argument. If the quote ends at verse 21 then it must be a development of the rebuke. Of greater consequence is whether Paul means that Jewish Christians are found to be sinners (that is sinning) or to be among sinners (with Gentiles). Either way these Jews are "sinning", but the former position is sinning against the Law and against God, yet if the latter, Paul is implying a "sin" against the Law but not a sin against God.

Assuming the former, that is Jews are found to be sinners (against God), Paul is saying that he and others are Jews by birth, not Gentiles, not so-called sinners. Even so, as a Jew, as someone belonging to the group that God gave the Mosaic Law to, Paul knows that it is not obedience to the Law which justifies him but faith in Christ. In fact in it impossible to made right with God through obedience to the Law. Yet what about a Jew who is not trying to be made righteous through the Law but is trying to be made righteous in Christ? Such a person will inevitably disobey the Law at some point and is therefore identified as a sinner. Paul asks, because they are a sinner, even though they have faith in Christ, does that make Christ himself a servant of sin? That is, Jews are sinners because they disobey the Law yet are righteous because of faith in Christ; and if Christ is making  righteous those who are otherwise sinners, is Christ himself facilitating sin?

Assuming the latter, that is Jews are found among sinners, Paul is still saying that the Jews, who are not so-called sinning Gentiles, are not made righteous by obeying the Mosaic Law but through faith. However Paul then goes on to say that Jews are seeking to be justified by Christ while at the same times they are found to be with sinners, that is, eating with Gentile sinners. And if eating with Gentiles is sinful then is Christ facilitating sin?

The answer to either question is: Absolutely not!

Paul then illustrates why Christ is not facilitating sin.
For if I rebuild what I tore down, I prove myself to be a transgressor. (Gal 2:18 ESV)

For if I build up again these things which I destroyed, I show myself to be a transgressor. (LEB)

If I rebuild what I destroyed, then I really would be a lawbreaker. (NIV)
The LEB and ESV are saying that if a person tears down something then at a later stage rebuilds it, the fact of rebuilding shows that the person now knows that they were wrong to destroy it initially. Rebuilding is an admission of guilt. The NIV assumes the same but with the added implication that because rebuilding would prove transgression, Paul is in fact not rebuilding. Going with the LEB and ESV Paul says that Christ is not facilitating sin because the transgressor is the sinner not Christ. Going with the NIV Paul is saying that Christ is not facilitating sin because the charge of being a sinner is false and Paul is not rebuilding what he tore down.

It is difficult to decide between the two options. Paul elsewhere makes it clear that even as Christians we are not without sin. And he uses somewhat similar arguments in other letters (Romans 6:1; 7:13). But the connection of the argument with Paul's rebuke of Peter gives credence to the second view: Paul is not rebuilding what he broke down, it is not sinful to eat with the uncircumcised, and Christ is not facilitating sin. It also implies that those who would rebuild the barrier between Gentiles and Jews are admitting guilt and are the sinners.

Either way, through the law Paul died to the law so that he might live for God (Gal 3:19).

How did Paul die through the Mosaic Law. He says,
I have been crucified with Christ. It is no longer I who live, but Christ who lives in me. And the life I now live in the flesh I live by faith in the Son of God, who loved me and gave himself for me. (Gal 2:20)
Elsewhere he says that anything that hangs on a tree is cursed (Gal 3:13). Christ died under the Law and Paul died with Christ. Paul died through the law just as Christ did. And now he lives for Christ.
I do not nullify the grace of God, for if righteousness were through the law, then Christ died for no purpose. (Gal 2:21)
Paul tells the Galatians that not only can righteousness not be obtained through the Mosaic Law, were it able to be thus obtained, then Christ died for nothing. Because Christ did die and he died for us, then by his death we know that righteousness through the Law is impossible. Further attempting to obtain righteousness through obeying the Law is tantamount to denying that Jesus needed to die. It is a denial of the gospel!

Paul now explains further why the Mosaic Law no longer holds: the Law was temporary while waiting for God's promise. God promised Jesus who is our righteousness. God gave the Law while we waited for Jesus to come.

The sons of Abraham are not those who are descended from Abraham but those who have the faith of Abraham. Covenants are final once ratified. No one can change them or annul them (Gal 3:15). God made a covenant with Abraham and this cannot be changed or annulled by any person. This covenant was a promise to Abraham concerning Abraham's seed. While seed can be a collective singular (Gal 3:29), Paul specifies that seed here refers to a single descendant, not all Abraham's descendants. The Mosaic law came after the promise and it cannot change or annul the promise. The promise to Abraham was Christ and it remained Christ until he came, even during the time of the Law. If this is the case then why did Moses give the Law? God gave it because of transgressions (Gal 3:19). It was given to regulate sin until the promise came through Jesus.

Paul develops the giving of the Law in an interesting way.
[The law] was put in place through angels by an intermediary. Now an intermediary implies more than one, but God is one.
More than one what?
  1. One party? God being one party and the Israelites being the other. 
  2. More than one Israelite? The Israelites needed a representative who was their intermediary.
Paul then asks if the Mosaic Law is opposed to God's promise. In other words, if the promise is primary, and the law is temporary and given to regulate transgressions, then is the law contrary to the promise? No. If there were a law that could bring life then it would be given. There is no law that can bring life which is why the promise was given, and why Jesus had to die. Scripture imprisoned everything to be a slave to sin. We were imprisoned and held captive under the Law. God did this so that the promise could come to those who believed God, until the revealing of faith.

The law is like a guardian. It exists until we become heirs of the promise through Christ. But faith has now come, we are no longer under the guardianship of the law. Christians do not need to defer to the Mosaic Law. Differences that were previously apparent: Jew and Greek, slave and free, male and female, are no longer present. We are one in Christ and we are Abraham's seed because we belong Christ.

We are heirs of the promise in Christ. The heir while he is a child is like a slave. A child under a guardian is as a slave. Before Christ we are slaves under the law. Slaves to elementaries. Elementary principles or elementary spirits.

Prior to knowing God they were enslaved to that which by nature are not gods. This could mean principalities and powers: elementary spirits. Now they are turning back to special days and seasons. This could mean elementary principles. Paul may be appealing to both meanings. Note that Paul is not averse to describing spiritual beings as gods (1Co 8:5) though they clearly are false gods and not God (1Co 10:20-21). Satan is the god of this age (2Co 4:4). Elementary principles may be the preferred reading.

Then to reiterate that promise has priority over the Law. Paul uses the example of Hagar and Sarah. The birth of Ishmael came via the normal method which is analogous to the Law. And Hagar was the maidservant of Sarah, which represents the slavery under the Law. Sarah was made fertile after menopause as a result of a promise of God. This is analogous to the promise of faith in Christ. Sarah, the free woman, is the mother of the faithful. Jerusalem corresponds to Hagar, the Jews who do not know Christ, the Law. In Christ we are no longer residents of the Old Jerusalem, we are children of the promise, residents of the New Jerusalem. We are free in Christ. To be circumcised is to revert to the Law, to become a slave again, to reject salvation through Christ. And the only way you can have salvation is to keep every last regulation of the Mosaic Law without a single mistake. It is Christ or the Law, you cannot have both.

Throughout Paul appeals to the Galatians that they may hold to the truth. Paul refers to Judaisers as false brothers (Gal 2:4). He entreats them to listen to him because of their love for him (Gal 4:14,15) and his concern for them (Gal 4:19). Others do not care for them and use them for their own purposes (Gal 4:17). They only want to boast in their own flesh (Gal 6:12) and in the flesh of those they persuade (Gal 6:13). Paul wishes that those who draw the Galatians away from Christ would emasculate themselves (Gal 5:12).

Christ is freedom from the Law. And if anyone is tempted to sin, Paul reminds them that because faith supercedes the Law, then if we have Christ we can live by the Spirit. Walk in obedience to the Spirit who now dwells in you. Fleshly desires are contrary to the Spirit. But if you obey the Spirit you are not under the Law (Gal 5:18), there are not even any laws against the fruit of the Spirit (Gal 5:23).

Paul warns the Galatians concerning sins to avoid and how to help others caught in sin. He reminds them to sow to the Spirit and not to the flesh. And finally,
For neither circumcision counts for anything, nor uncircumcision, but a new creation. (Gal 6:15)
Paul was persecuted by the Jews for this teaching. Those promoting circumcision wanted to avoid persecution. But Paul would not deny the gospel even though that meant persecution. God gave a promise. That promise meets its fulfillment in Christ. The Law was never the promise, it was temporary because of sin. One can try and obey every law but there was no Law that could bring salvation. Or one can trust in the promise and put his faith in Christ.

Sunday, 19 July 2015

Does Moses force a woman to marry her rapist?

A not infrequent claim of the abhorrence of Scripture is that it commands victims of rape to marry their attacker. Support for this proposition comes from Moses' sermon before the Israelites entered the promise land.
If a man meets a virgin who is not betrothed, and seizes her and lies with her, and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver, and she shall be his wife, because he has violated her. He may not divorce her all his days. (Deu 22:28-29)
Even conceded by some Christians as a difficult passage, or even a harsh one, for those who have read the relevant sections of the Old Testament. The problem is, in part, not due to too much Bible but to too little.

It is worth reading a larger section of Deuteronomy, if not the entire book. Here is a slightly larger section. This comes within laws dealing with sexual crimes and immediately following the issue of sexual fraud.

If a man is found lying with the wife of another man, both of them shall die, the man who lay with the woman, and the woman. So you shall purge the evil from Israel.

If there is a betrothed virgin, and a man meets her in the city and lies with her, then you shall bring them both out to the gate of that city, and you shall stone them to death with stones, the young woman because she did not cry for help though she was in the city, and the man because he violated his neighbor's wife. So you shall purge the evil from your midst.

But if in the open country a man meets a young woman who is betrothed, and the man seizes her and lies with her, then only the man who lay with her shall die. But you shall do nothing to the young woman; she has committed no offense punishable by death. For this case is like that of a man attacking and murdering his neighbor, because he met her in the open country, and though the betrothed young woman cried for help there was no one to rescue her.

If a man meets a virgin who is not betrothed, and seizes her and lies with her, and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver, and she shall be his wife, because he has violated her. He may not divorce her all his days. (Deu 22:22-29)
Adultery is forbidden and both participants are condemned to death.

Betrothal was a covenant to get married but the ceremony had not yet occurred and the marriage was not consummated. Thus coitus between a man and a woman betrothed to another was viewed as a violation of that covenant and a form of adultery. As such bath parties were to be executed. Both these situations describe consensual sex. But what if it is not consensual?

The next command states that if a betrothed woman does not consent but is taken by force then she is innocent. She is free but the rapist shall be executed.

Which brings us to the passage in question. There are several things to say about it because our culture is significantly different when it comes to issues of betrothal, marriage, provision, sexual consent.

The first thing to note is that the command is somewhat parallel to the previous commands. Each case reflecting further consideration. Consensual married, consensual betrothed, non-consensual betrothed, unbetrothed. The problem for the modern reader is that he is concerned about the consent but the law is concerned about the covenant. So sex with a person when they are covenanted to another is punishable by death, unless it turns out that it was non-consensual. The woman can not be punished when she was not breaking the covenant. So the last case is not so much discussing consent as it is discussing a case that does not involve transgressing a covenant. The woman is neither married nor betrothed.

So it is difficult to address the consent aspect in a command that is written for the covenant aspect. In the first 2 cases the man lies (shakab) with the woman. In the 3rd the man overpowers (chazaq) the woman and lies (shakab) with her. In the 4th the man seizes (taphas) the woman and lies (shakab) with her.

Now it may be that the man is doing this against the woman's will. The fact that the country or city is not mentioned in this case as it is in cases 2 and 3 means that this case covers both situations. Even so, if she were in the city she would be expected to call out. This means that the case is covering the situation where there may be consent. The term translated "seize" may cover both the concepts of seduction and subjugation.

The command is that the man in this position must take responsibility for his actions. That is he cannot have sex without responsibility. Such actions make the woman unmarriageable in this culture, or at least much less desirable as a wife. He is commanded to pay the bride-price and take her as a wife; that is provide for her. Further, he is forbidden to divorce her; that is his actions mean that he will be forced to provide for the woman for her entire life.

Note that this is not a command for the woman or her father, it is a command for the man. What if the father does not wish his daughter to be married to this man? In Exodus Moses gives this command for a man who seduces a woman and lies with her. This is parallel to the command in Deuteronomy except that the command in Deuteronomy may possibly be read to include both seduction and subjugation as mentioned. Moses writes,
If a man seduces a virgin who is not betrothed and lies with her, he shall give the bride-price for her and make her his wife. If her father utterly refuses to give her to him, he shall pay money equal to the bride-price for virgins. (Exo 22:16-17)

The Bible allows a father to refuse the marriage of his daughter but still demand the bride-price. The ongoing provision for the woman will be the father's responsibility unless the woman subsequently married. Thus Exodus allows an out for the woman via her father if they so wish. But both passages command the man to provide as a husband. He must marry and provide and is forbidden to divorce but the woman could refuse.

The modern Westerner asks who would marry a rapist but this assumes a much different culture. We have a culture of much greater food and wealth; one in which woman frequently provide for themselves. And people usually marry those that they fall in love with.

This was much less common the past. Although there were some women of means in times past, daughters (and sons) were provided for by their fathers until they cot married and then were provided for by their husbands. Famine an starvation were frequent risks faced by the majority of society. Marriages were often arranged. In a culture where food was scarce at times provision was vital. Being able to provide was important in a husband.

It is the view and expectation in all societies that the married couples will be sexually active. In most societies having children is also highly valued. A girl in such a society is concerned that she is provided for and that she will have a family. It is her expectation that she will be having sex with her husband, and that she may have little say (and sometimes no say) in who her husband will be.

That is not to say that romantic love was unheard of (consider Jacob and Rachel, also Canticles); nor that parents never asked their daughters about prospective grooms. It just means that our thoughts about love and consent were not the significance to them that they are to us.

Consider the example of David's daughter Tamar. When Amnon asked her to have sex with him she said,
“No, my brother, do not violate me, for such a thing is not done in Israel; do not do this outrageous thing. As for me, where could I carry my shame? And as for you, you would be as one of the outrageous fools in Israel. Now therefore, please speak to the king, for he will not withhold me from you.” (2Sa 13:12-13)
She declined sex but was willing to become his wife if Amnon requested this from the king. Nevertheless Amnon overpowered Tamar and raped her. Then he told her to leave. Tamar viewed Amnon's shaming of her by refusing to marry her as worse than him raping her.
But she said to him, “No, my brother, for this wrong in sending me away is greater than the other that you did to me.” But he would not listen to her. He called the young man who served him and said, “Put this woman out of my presence and bolt the door after her.” Now she was wearing a long robe with sleeves, for thus were the virgin daughters of the king dressed. So his servant put her out and bolted the door after her. And Tamar put ashes on her head and tore the long robe that she wore. And she laid her hand on her head and went away, crying aloud as she went. (2Sa 13:16-19)
It is right to see Amnon's behaviour as despicable. Yet moderns struggle to understand why Tamar thought Amnon's rejection of her the greater offence. You cannot assess how her culture viewed the situation from a 21st century Western perspective. In a culture with arranged marriages every women knows that she will have sex with the man who becomes her husband, not a man in the community who she happens to find appealing. This changes how they viewed sexual consent. We struggle because don't grasp the cultural issues. Moderns discuss the concept of marital rape whereas this would have made little sense to the ancients, they thought that married people have sex. Consent had to do with who you were married to, not who you wanted to do it with (though the latter is still a consensual issue). The much bigger issue is, Who is going to provide for me? not, Who am I going to have sex with? because it was assumed you would have sex with the man (husband) who was providing for you.

Saturday, 29 March 2014

The laws of nature

This article puts together several ideas that I have been pondering over the years but have not written much about or with such clarity. Doyle covers important issues such as:
  • The limited relationship between physical laws and judicial law
  • The moral nature of judicial law
  • The descriptive but non-prescriptive nature of physical law
  • How physical law represents God's general upholding of the universe
  • How miracles represent God's special activity in the universe
  • That miracles are impossible is a specious argument
  • That the term "methodological naturalism" is polemical, and unhelpful
Concerning methodological naturalism and science, Doyle not only notes that the term "methodological naturalism" invokes philosophical naturalism ("naturalism" being the shortened form) because they sound similar, methodological naturalism is not even accurate because naturalism does not imply regularity—why should we expect an ordered universe? I think a more useful term for science is empirical induction. Such a term would make scientific fields much narrower though increase clarity. Much of cosmology, palaeontology, archaeology and many other disciplines would come under the umbrella of inferred history.

I would like to add a thought on law. It is not clear than the physical laws are informational rather than just geometrical. The descriptions of such laws are informational, but the laws themselves may not be. I think that they are but that they have low information content. High information content occurs in designed objects such as flowers and people. And morality, while containing information, is more than information. That is, we have matter (and related qualities such as space and time) and the physical laws that describe how they behave; we have message which represents complex objects; and we have morals which specify how conscious objects are to behave.

An excellent article that I wish I had written.

Defining arguments away—the distorted language of secularism

by Shaun Doyle

Abstract

One of the means that secularists have used to achieve dominance in the culture over the last 250 years has been the manipulation of language. Key terms have been modified, and new terms coined, which slant the ‘rules of engagement’ between Christianity and secularism against Christianity. Three terms in particular: ‘natural law’, ‘miracle’, and ‘methodological naturalism’ have been affected. If we do not expose and correct this sophistry, an honest debate is not possible. At root, these issues reflect the clash between worldviews that must ultimately be accepted for reasons outside of science.

‘The laws of nature’—confusion and caution

One of the most common ways to talk about well-established scientific ideas is to refer to them as ‘the laws of nature’, ‘natural law/s’, or ‘scientific law/s’. These phrases conjure up notions of an orderly universe, and convey the idea that science can teach us much about the universe. The notion of ‘law’ can be a helpful metaphor for understanding the regularity we see in how the universe works, but it is just a metaphor.

One thing true of all metaphors is that they are only helpful to a point before they break down. They do so because, from the point of view of formal logic, all metaphors break the law of non-contradiction. When they are pushed too far, different things end up equated in ways that amount to false statements. For example, saying “Mark is a teddy bear” with reference to Mark’s gentleness equates the physical softness of the teddy bear with the gentle character of Mark, which amounts to saying that Mark has a gentle character. However, saying that “Mark is a teddy bear” with reference to Mark’s physical makeup does not work because Mark, a human, is clearly not made of stuffing! Not all the attributes of teddy bears can be attributed to Mark, and vice versa. This doesn’t invalidate the use of metaphors because everyone intuitively knows this, and we don’t use a metaphor to say that two different things are logically identical—only that they are identical in some significant and relevant property in a particular sense.
‘Natural law’ is itself a metaphor for the regularities of the physical world drawn from the concept of human law. Moreover, it’s a natural metaphor to draw, given a sovereign moral Lawgiver who also upholds His creation in an orderly way (figure 1). The regularities of nature are so regular that they seem to reflect some principle that the matter itself cannot transgress, like how people cannot transgress a human law. However, the notions of obedience and transgression are themselves concepts that most properly apply to the behaviour of moral agents—a concept which does not apply to inanimate matter and energy. That is one of many ways that human laws are not identical to ‘natural laws’, and presents an area where the metaphor breaks down.
Are ‘natural laws’ prescriptive?

However, as people jettisoned the Bible and its doctrine of providence and came to accept a ‘fuzzy positivism’ in its place from the 19th century onwards, many people seemed to forget that the notion of ‘natural law’ is just a metaphor. Because of this, and that the metaphor is so fitting, we have forgotten to pay attention to those areas where the regularities of nature do not correspond to human laws. Failure to recognize the metaphorical nature of ‘natural law’ has brought undue confusion over how the world actually works. The problem is that people often conceive of ‘the laws of nature’ as materially equivalent to human laws. If someone does what human law forbids, it is described as ‘breaking’ or ‘violating’ the law. People then apply this same notion of law to ‘the laws of nature’, and consider a miracle in the same way they consider an illegal act—as if some precept has been ‘broken’ or ‘violated’. The biggest mistake people make when they equate ‘natural law’ and human law is that they make natural law prescriptive. However, there are two major errors with understanding the concept of ‘natural law’ like this.

First, when people think of ‘natural laws’ as prescriptive, there is in fact a subtle but significant difference in what ‘prescriptive’ connotes in comparison to human laws. Human laws are prescriptive messages—they are coded information. Human laws are not inextricably bound to any given physical form—one can communicate the law “you shall not murder” in any human language, and in numerous different physical formats (e.g. writing on a piece of paper, Morse code, speech, etc.). Moreover, a human law cannot render the act of murder physically impossible. Herein lies the difference—when ‘natural law’ is seen as prescriptive, it is not conceived of as merely coded information, but is something materially able to make certain states of affairs physically impossible. However, ascribing ‘natural law’ a tangible existence like this commits the fallacy of reification, which treats abstract concepts as concrete objects. ‘Natural law’ is an abstract concept—it is coded information, like human laws, which formally describes regular patterns observed in nature. As such, ‘natural laws’ have no more power to cause the regularities of nature than a redraw of a map of New Zealand can change the physical coastline.

Second, although human laws and ‘natural laws’ are both coded information, they are different types of messages. Human laws prescribe what people should and should not do, e.g. the law forbidding murder. The law itself says nothing about how people actually act—it is a command, not a statement of fact. ‘The laws of nature’ are different: they are formal descriptions of regular patterns observed in nature—i.e. they are statements of fact. They either correspond with reality or they do not. However, it is meaningless to apply the notion of correspondence with reality to a human law such as forbidding murder, because it is an imperative command, not a statement of fact. Conversely, the statement: “murder is ethically wrong” is a statement of (ethical) fact, and is generally implied to form the basis for the law forbidding murder. This means ‘the laws of nature’ are not formally prescriptive, and are more accurately seen as descriptive concepts.

Read the rest here

Saturday, 15 March 2014

A fading glory

In 2 Corinthians Paul contrasts the new and old covenants. The old covenant is on stone (Exodus 24:12; 31:18; 34:1, 4), the new on hearts (Ezekiel 11:19); a ministry of death compared to the ministry of the Spirit. He points out the symbolism of the veil of Moses (Exodus 34:33). As a veil obscured Moses' face, so a figurative veil obscures the truth about the new covenant from the observers of the old covenant.

What I had not noticed previously is how Paul relates the fading of the glory of Moses face. Moses face radiated because he had been in the presence of God. Moses covered his face in the presence of the people, but removed his veil in the presence of God.
When Moses came down from Mount Sinai, with the two tablets of the testimony in his hand as he came down from the mountain, Moses did not know that the skin of his face shone because he had been talking with God. Aaron and all the people of Israel saw Moses, and behold, the skin of his face shone, and they were afraid to come near him. But Moses called to them, and Aaron and all the leaders of the congregation returned to him, and Moses talked with them. Afterward all the people of Israel came near, and he commanded them all that the LORD had spoken with him in Mount Sinai. And when Moses had finished speaking with them, he put a veil over his face.

Whenever Moses went in before the LORD to speak with him, he would remove the veil, until he came out. And when he came out and told the people of Israel what he was commanded, the people of Israel would see the face of Moses, that the skin of Moses’ face was shining. And Moses would put the veil over his face again, until he went in to speak with him. (Exodus 34)
Over time Moses' face began to fade. The glory that was the Law represented by Moses' face shining was in fact a glory that was never intended to last.
The Israelites could not gaze at Moses' face because of its glory, which was being brought to an end. (2 Corinthians 3:7)
The glory that is the New Covenant, brought about by the Spirit, is a glory that never fades. Moses' face faded as it represented a glory that was not intended to last. At the time the Law was enacted it was temporary.
For if there was glory in the ministry of condemnation, the ministry of righteousness must far exceed it in glory. Indeed, in this case, what once had glory has come to have no glory at all, because of the glory that surpasses it. For if what was being brought to an end came with glory, much more will what is permanent have glory. (2 Corinthians 3:9-11)

Saturday, 11 August 2012

Does illegal abortion increase the death of mothers?

Peter Saunders, CEO of the Christian Medical Fellowship in the UK argues that improvements in maternal mortality, including deaths associated with abortion, were due to improved medical practices and not to the legalisation of abortion.
First, maternal mortality from all causes, including abortion fell dramatically long before abortion was legalised as a result of better medical care.

Second, many so called ‘back-street abortions were actually carried out ‘illegally’ by ‘skilled professional’ nurses and doctors using surgical instruments in sterile conditions.

Third, legalising abortion did not eliminate all maternal deaths, as some women now began to die of legal abortions, and in addition there was still a trickle of illegal abortions.
Pregnancy and birth is not without danger. Modern medical practices have reduced the harms to both mother and baby.

If abortion is the intentional killing of a human person, the murder of a fetus, then the unintentional death of the persons involved in the activity is not an argument for legalising abortion. However it seems that maternal deaths following abortion are not even related to the legality of abortion. Therefore are no grounds to propose legalising abortion anticipating that maternal mortality might decrease.

Sunday, 9 October 2011

If your right hand causes you to sin

I was teaching the pre-teens on Bible genre. Explaining how the Bible is composed of various writing styles and how this has an effect on interpretation. An example that came up was the talion in the Torah compared with Jesus telling us to cut off our own hands in the gospels. In the former situation a legal text is meant to be understood by the nature of legal genre to be literal—the possibility of fines notwithstanding.
Your eye shall not pity. It shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. (Deuteronomy 19:21 ESV)
Jesus' words are thought by many to be hyperbolic.
And if your right hand causes you to sin, cut it off and throw it away. For it is better that you lose one of your members than that your whole body go into hell. (Matthew 5:30 ESV)
That it is hyperbolic can be noted by the fact that one does not sin because of his hand, we sin from our mind. And even if we did remove our right hand for stealing, what is to stop us stealing with our left?

The children understood all this, but what is particularly interesting is Jesus' contrast here. Why did he speak like this?

Jesus is teaching about the Mosaic Law. And the Law stipulates and limits punishments that were given for criminal offences. What Jesus does is turn the focus from what we demand occurs to others who have wronged us to what we must do to stop wronging others and God. Paraphrasing:
You know that if another (deliberately) maims someone's hand he is to have his hand maimed; well if you are sinning with your hand cut your own hand off. You remove a man's eye for causing blindness; remove your own eye when you sin with it.
Jesus is using what they do know about the Law to make them realise their own shortcomings. They know about cutting off the hands and plucking out the eyes of criminals, Jesus forces them to focus on how they were using their own hands and eyes.

Wednesday, 21 July 2010

Justice relating to accidental death and property damage. Part 4

Part 1 here. Part 2 here. Part 3 here.

There are several lessons from these verses that pertain to personal property. Essentially if a man is responsible for property damage or loss then he is expected to restore or replace the property. Having responsibility demands making restitution and restitution should be to the level of loss. Criminal damage to property requires restitution above the level of loss; the owner of the property should be no worse off and a disincentive is mandatory for the criminal.

Noticeable in these examples is that intention is taken into account. Did the man know his ox gored? Did the thief sell the livestock? Did the person in possession of the livestock request it be in their care. Intent can alter whether you have to make excess restitution, full restitution, partial restitution, or no restitution.

What is important about this intention is that it is to be judged on the basis of men's actions. One is not required to look into the heart of a man and establish his motives—an assessment that is probably limited to God. Rather one establishes intention by the actions of a man. An owner of a goring ox is not identified by his animals looking menacing or having sharp horns, but having an ox with a history of goring. A thief using or selling stolen goods is identified by him having the goods in his possession, or having sold them.

This is distinct from hate crimes where underlying motive is presumed based on the activities of others, or the presumed intolerances within society. A man is judged based on the crimes of other men. The prejudice of a man is assumed without evidence of the man being prejudiced.

Related to this objective judgment of intent is a prospective approach in assessing criminal activity. An ox has a history of goring prior to the event. Not, the ox gored therefore what can we find in the history to support the likelihood of such an event. Something is bound to happen because it has happened before. Of course we know something went wrong after the event, the question is, Did we know this was likely before the event?

Justice would be well served if many of these principles identified in these passages were observed in law including establishing intention of the parties using objective measures of intent.

Wednesday, 14 July 2010

Justice relating to accidental death and property damage. Part 3

Part 1 here. Part 2 here.

The third passage concerns establishing responsibility and restitution of property when the persons concerned are not acting dishonestly.
If a man causes a field or vineyard to be grazed over, or lets his beast loose and it feeds in another man's field, he shall make restitution from the best in his own field and in his own vineyard.

If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution.

If a man gives to his neighbor money or goods to keep safe, and it is stolen from the man's house, then, if the thief is found, he shall pay double. If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor's property. For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor.

If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, an oath by the LORD shall be between them both to see whether or not he has put his hand to his neighbor's property. The owner shall accept the oath, and he shall not make restitution. But if it is stolen from him, he shall make restitution to its owner. If it is torn by beasts, let him bring it as evidence. He shall not make restitution for what has been torn.

If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution. If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee. (Exodus 22:5-15 ESV)
Property damage due to a person's behaviour, accidental or negligent, must be restored completely. The person responsible is expected to restore at least the same level as prior to such damage. Though they may keep the damaged property as seen when an animal kills another. (Exodus 21:35-36)

When property is in the care of a person to whom it does not belong and there is property loss (or damage) responsibility, and therefore restitution, is divided up thus
  1. Owner gave goods. Theft of goods, criminal actions of a third party: possessor no obligation
  2. Owner gave goods. Theft of animals, criminal actions by third party: possessor obligation
  3. Owner gave goods. Death of animals, no criminal actions: possessor no obligation
  4. Possessor borrowed goods. Possessor obligation
  5. Possessor hired goods. Possessor obligation
The basic structure is that if you have goods in your possession at the request of the owner then you do not bear responsibility. If you have goods at your own request then you are responsible. If you hire them then you are responsible but accidental damage is covered by hiring fees.

The main exception is theft of animals. It is unclear why this should be different from other goods. Looking at the 2 sentences we have
If a man gives to his neighbor money or goods to keep safe (verse 7)

If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe (verse 10)
The word for "keep safe" is "shamar" which implies close guarding, not merely looking after. The NET Bible note for this passage reads
The point is that the man should have taken better care of the animal.
Thus a stolen animal implies careless supervision. If this interpretation is correct then a person is responsible because he accepted care but did not supervise in an adequate manner. The question could be asked, Why was the neighbour's animal stolen and not the carer's own livestock?

In general we have obligation for replacement of property when person requests use of another's goods but no obligation when requested to care for another's goods. With the caveats that one is expected to take good care of property, especially creatures, and that hiring fees take potential loss into consideration.

Wednesday, 7 July 2010

Justice relating to accidental death and property damage. Part 2

Part 1 here.

The next passage concerns restitution in cases of theft.
If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep.  If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft. If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double. (Exodus 22:1-4 ESV)
Compensation for stolen oxen is 5 fold and stolen sheep is 4 fold in the case of selling or destroying an animal, and 2 fold for keeping an animal. I make this to be
  • 1 animal for the stolen animal to restore the situation to the previous state (replace or return)
  • 1 animal as punishment for stealing
  • 2 further animals as punishment for trading in stolen livestock
  • 1 animal as punishment for loss of livelihood
A sheep provides for the farmer in terms of its meat, milk, and fleece. An ox provides in a similar way but is also a beast of burden. It is a farmer's tool, not just provision. The excess compensation reflects a greater offence been committed against the farmer. Not only does he lose provision, he loses the ability to produce.

A second animal as punishment is a deterrent. If a thief paid back solely what he stole then he benefits by gaining the items at times he is not caught. Leaving the thief worse off after stealing means that thievery leads to privation.

Further, to not force the thief to pay excess costs puts him in the same position as the man who inadvertently or negligently destroys the property of another.
If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution. (Exodus 22:6 ESV)
Clandestine removal of property is not to be equated with unintentional destruction of property.

An interesting situation arises here in that if a thief has sold or killed the animal he is punished more harshly. I am uncertain as to the exact reason here but will offer some speculation. Selling an animal suggests a higher level operation at play. The thief is not just stealing for himself due to laziness, his livelihood consists of trading stolen goods. He is becoming wealthy solely by the means of others' hard work, property, and in a way that leaves the owner with less wealth than he started with.

Concerning the increased punishment when stock are killed the interpretation may relate to whether such an action is meant to reflect hiding of evidence, destruction of property, or eating the animal. If the thief has eaten the animal I am uncertain why the payment is 4 fold. Eating the animal severely limits its use. A sheep provides ongoing milk and wool. A short term feast is short-sighted—the man will need to keep stealing to maintain food—and gluttonous—meat was not the mainstay of the diet, it was expensive and a luxury. In the case of the first 2 options, hiding evidence and destroying property, the man is making no use of the property, his thievery is to no end. I don't want your house but I will burn it down so that you do not have it.

What we establish from these verses is
  1. A thief cannot just return property, he must pay in excess of what he stole;
  2. It make a difference what people steal, stealing a man's method of income affects a man more than stealing his income, and needs to be punished more harshly; and
  3. It makes a difference why a thief steals, or rather what a thief does with stolen goods.
Criminal law can take all these aspects into consideration when punishing a thief.

Wednesday, 30 June 2010

Justice relating to accidental death and property damage. Part 1

In the next few posts I intend to discuss issues around justice as related to death of people and then property laws. Included are some thoughts I have on some interpretive issues. In my final post I wish to briefly summarise what specifics we can glean from these laws that we may better discern what makes just law.

Exodus 21 and 22 include instructions on livestock for the Israelites. These laws are among the larger construct that was intended for the Israelites as God's chosen people living in an agrarian society. It does not seem that the various laws are necessarily a blueprint for all governments, especially the rules regarding animal sacrifice. Nevertheless the commands the Israelites received at Sinai are a large reservoir of useful teaching that gives us much understanding of the ways of God.

One of the aspects of these livestock laws shows that it is intention that determines justice.

The first passage I wish to look at is human death caused by animals.
“When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall not be liable. But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him. If it gores a man's son or daughter, he shall be dealt with according to this same rule. If the ox gores a slave, male or female, the owner shall give to their master thirty shekels of silver, and the ox shall be stoned. (Exodus 21:28-32 ESV)
This does not so much belong to laws about livestock but rather the earlier verses which discuss offences requiring death. But it raises some interesting perspectives that are apparent in the subsequent chapter.

The 2 offences are
  1. Ox causing death unexpectedly
  2. Ox causing death when the owner is aware of this risk but neglects to prevent it
If this is unexpected then the owner bears no responsibility. His ox must be killed in line with passages elsewhere demanding the death of people or animals causing the death of humans. Genesis states
But you shall not eat flesh with its life, that is, its blood. And for your lifeblood I will require a reckoning: from every beast I will require it and from man. From his fellow man I will require a reckoning for the life of man. (Genesis 9:4–5 ESV)
If the death is related to negligence then the owner bears some responsibility. Earlier in the chapter God mandates capital punishment for murder. But a man must not be executed for unexpected death.
Whoever strikes a man so that he dies shall be put to death. But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint for you a place to which he may flee. But if a man willfully attacks another to kill him by cunning, you shall take him from my altar, that he may die. (Exodus 21:12-14 ESV)
Intentional killing of a person leads to death sentence. Accidental death at the hand of another means no death sentence (though other consequences). Death by oxen is a third (middle) category, death by negligence. If someone dies as a result of behaviour that put them at risk of death, but was not a result of malice then the sentence still is death for the negligent party.

However we note that the sentence can be commuted to a fine if so desired by the victims relatives.
If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him.
Human life is viewed as immensely valuable by God. We must not kill others, but we must not even let our actions be such that they result in the death or others. If we behave in a way that could lead to another man's death but we do not care whether or not that would happen then we ourselves deserve punishment. The substitution of a fine recognises that mercy can be extended when there is no malice; just carelessness, indifference, or negligence.

To qualify for negligence the risk of death must be predictable and the person must be able to reasonably prevent it. In the example of the ox, the ox has gored before therefore further goring is likely, and the owner can keep the ox tied up. It would seem that extremely unlikely events, or events that are not avoidable should be included in accidental death.

The penalties for death of children and slaves are tangential to the above points but need explanation.

The qualification for children means that he cannot escape punishment just because the children are under his care. Children are viewed as the man's property in some sense, but he cannot escape a ransom because of this. He is a steward over his children for God, his negligence still requires punishment.

I am not certain if the qualification for slaves is in the case of an ox known to gore or not known to gore. That is, does the qualification apply offence 1 or offence 2 above? It is less likely to be offence 1 for reasons below. In this situation the ox owner is innocent. If it was situation 2 then the owner bears responsibility and must pay a ransom. The ransom is 30 shekels, the price of a slave. As the slave was the property of another then the situation is similar to the following passage where one ox kills another.
When one man's ox butts another's, so that it dies, then they shall sell the live ox and share its price, and the dead beast also they shall share. Or if it is known that the ox has been accustomed to gore in the past, and its owner has not kept it in, he shall repay ox for ox, and the dead beast shall be his. (Exodus 21:35-36 ESV)
If there is no blame the involved persons share in the loss. If there is a responsible person he repays the price of the ox in full (and gains a dead ox). The ox owner in the case of the gored slave pays the full cost of a slave which suggests that the passage has offence 2 in mind. Obviously one cannot keep a dead person. The difference with a slave compared to a freeman is that a ransom is an enforced stipulation rather than a possible option, and the amount is fixed, not dictated by relatives of the deceased.

Modern examples would be
  • A swimming pool that is reasonably accessible to infants but inadequately secured.
  • Driving while intoxicated or driving excessively dangerously.
  • Accessible cliffs or drops that are not fenced.
It is not that there is to be no risk to human life ever; nor is that if a tragedy occurs then blame needs to be apportioned to someone; rather it is that predictable and likely causes of death that can reasonably be prevented should be attended to, and disregard of these risks resulting in death is a real offence.

Wednesday, 4 November 2009

Right to internet access?

Finland is looking to make fast internet access a legal requirement and is couching the law in terms of "rights". From Laura Vilkkonen, the legislative counselor for the Ministry of Transport and Communications,
We think it's something you cannot live without in modern society. Like banking services or water or electricity, you need Internet connection,... Universal service is every citizen's subjective right.
There are so many things wrong here.

What does she mean by a "subjective right"? Since when are banking and electricity rights? And how something that has barely existed in the course of history can philosophically be considered a right is preposterous.

Making high speed internet access a right mocks the concept of rights.

And it significantly impinges on the freedom or internet service providers in doing business.

Who is going to pay? If it is the consumer surely he should be free to choose a slower speed/ cheaper option, especially if the higher speed/ dearer option precludes any internet connection (though now a "right" the state will come to the party).

Coming soon to a government near you,
It is a view shared by the United Nations, which is making a big push to deem Internet access a human right.

In June, France's highest court declared such access a human right. But Finland goes a step further by legally mandating speed.
That France legislates such measures is suggestive that such rights do not exist. The fact that the United Nations supports it is confirmation they do not.

Thursday, 6 August 2009

On the provocation defence

For those outside New Zealand there has recently been a widely publicised trial on the murder of Sophie Elliot by Clayton Weatherston. I did not follow this trial, nor did I follow the high profile murder retrial a few months earlier. However it is of course difficult to avoid knowing about it with frequent items in the newspapers and on television.

Weatherston admitted to killing Elliot but went to court in an attempt to have the murder charge downgraded to manslaughter invoking the defence of provocation. This defence was not successful and Weatherston was found guilty of murder.

According to the New Zealand Herald on the defence of provocation:

The defence is covered under section 169 of the Crimes Act 1961.

The provocation defence allows for a killing that would otherwise be classed as murder to be downgraded to manslaughter if it can be proven that the person who caused the death was provoked.

The provocation must have some relation to a characteristic of the offender.

It must cause the offender to lose the power of self-control of an ordinary person and have induced the offender to kill.

I am not certain whether the defence solely applies to verbal/ written provocation, or also physical provocation. I assume both. Though physical provocation may also lead to self defence.

It is important to note that provocation does not remove all culpability, it merely reduces the blame; and also, perhaps, affects sentencing.

There has been a significant amount of controversy following the verdict because the court case allowed Weatherston to reveal a significant amount of private data concerning Elliot. Complaints along the lines of continuing to persecute the family, insult Elliot from the grave, etc.

2 well written responses have been made by Glenn Peoples and Madeleine Flannagan. I just wish to make a variety of comments.

1. Murder is a horrible situation. It is horrible when it happens, it is horrible being reminded of it, it is horrible going through court, it is horrible on the anniversary of the victim's death. In a broken world we have horror and while we can try and minimise it, it cannot be removed. Decisions about justice must be made on the principles of justice and mercy, not on the basis of preventing bad feelings. Else the law will become unjust and cause more, and even worse horror.

2. The provocation defence was not successful in this instance. Thus the law worked correctly. It is questionable that people consider changing the law based on a wrong case outcome, but to change it after a correct conviction?

3. Evil people do evil. They try and misuse the law to their advantage, they lie, they murder. Law changes do not affect evil men, they disregard them anyway. Removing this defence will not prevent evil people being evil, but it will damage those less evil. It will prevent legitimate provocation from being taken into account. It will also mean that criminals will falsely use other defences such as self defence and insanity to get reduced sentences or acquittal.

4. Culpability is not a dichotomous variable. People have partial blame. To disallow the discussion of events around a crime denies that there are considerations that need to be taken into account and can prevent justice being fully accomplished.

5. Much of this debate would be a non-issue if we did not allow the courts to be treated as entertainment. It is true that open courts have their benefits. Perhaps family court should be more open for example. But allowing anyone to attend a court case is a far cry from broadcasting audio or video. People may have a genuine interest in a case, but most people watching from their living rooms would not put in the effort to attend court daily and listen to the arguments. Allowing media into courts means that the case is effectively served up as entertainment, and it allows the media to sway public opinion by what they show and what they leave out.

I think that the courts should probably be open, but disallow the videoing and recording of cases, save what the courts wish to do for their own purposes. Reporting of cases should be forbidden until after the event. I even wonder whether defendants should be routinely given name suppression, as much as practical, with maintenance of this in cases that are successfully defended.

If this had been in place, then many of the things said by Weatherston about Elliot would have not be known by the public.

That being said, as the situation played out, most of New Zealand hold Weatherston in contempt, and probably more so than had the events not been played out in the media.

Tuesday, 14 July 2009

The adulterous woman and capital punishment

Blair asks how Jesus' acquittal of the adulterous woman affects the Christian view on capital punishment.
In John 8:3,5 the leaders of the Jewish people (the experts in law and religious authorities) challenge Jesus as to what to do with a woman caught in adultery. They directly refer, Jesus, to the law of Moses which states such a person should receive the death penalty. While she has not committed murder she, according to Mosaic law is deserving none the less of the death penalty.

It is clear from the passage that they are not motivated by any sense of the holiness of God, obedience to the law or justice. Rather, their desire is to trap Jesus over a legal question to discredit him (verse 6).

In response, he does not contradict them on their point of law. Instead he issues a challenge to their understanding and application of the law. A challenge that is intended to expose their hearts: before Christ the only one who can administer the punishment they have called for is one who is without sin. Jesus isn't making this point to a group of individuals who are self appointed but to the Jewish leaders (verse 3): those in authority who could 'legally' stone her. It appears to me that in Christ's mind only those who were without sin could administer such a penalty (verse 7).

If the only ones who could administer such a penalty were those without sin - where then does this leave us if, as Christians, we advocate for the death penalty? Surely in the same position as those that Jesus spoke to in (verse 7).

In my mind it is clear from the passage, that as one who never sinned, Jesus considered himself the only one justifiably (from a legal, moral, ethical & spiritual sense) able to administer the death penalty, but in this situation he chose not to. Instead he asked her where her accusers were (after his challenge to her accusers), forgave her and in doing so 'raised' her from the dead (for without his intervention she was as good as dead) while commanding her to go and sin no more. (He met her as her redeemer for her sin, saving her from the death penalty. In choosing to exercise grace and mercy and not judgment or condemnation (verses 10–11) he set her free and restored her to be able to fully partake in society again as one forgiven and restored). This is evident from his question with regards to her accusers and in his command to go and sin no more.
Understanding Jesus' approach to the Mosaic Law is important as it gives us greater understanding in the ways of God. Jesus frequently exposed the inadequate views of Jews of his day. He gave deeper perspectives on what the Law meant and he corrected inappropriate weighting of the Law, that is he showed them what was most important. As an example of the former Jesus taught that hating people in one's heart contravenes the command not to murder (Matthew 5:21); as an example of the latter Jesus taught that tithing while proper (for the Jews) was less important than justice, mercy, and faithfulness (Matthew 23:23).

Therefore I am interested in Christian apologetics against the death penalty. I must say however that I have not read any that I find convincing.

There are several reasons why I don't think this passage contradicts my perspective on capital punishment.
  1. Is this passage really part of John's gospel?
  2. I am defending capital punishment for murder
  3. Mercy does not negate the permissibility of the death penalty, or even the necessity of it
  4. The Jews were not able to administer capital punishment in this situation
  5. The question was to give the scribes and Pharisees a charge against Jesus
  6. Jesus was a servant during the first advent
  7. Jesus did not address the question of capital punishment
I will address each of these in turn and then what I think Jesus words to the accusers and the accused imply.

Is this passage really part of John's gospel?
There is considerable debate over the legitimacy of this passage. It is not found in the oldest manuscripts, it is found in Luke in some manuscripts. The ESV Study Bible states
There is considerable doubt that this story is part of John's original Gospel, for it is absent from all of the oldest manuscripts. But there is nothing in it unworthy of sound doctrine. It seems best to view the story as something that probably happened during Jesus' ministry but that was not originally part of what John wrote in his Gospel. Therefore it should not be considered as part of Scripture and should not be used as the basis for building any point of doctrine unless confirmed in Scripture.
I do not intend to address this debate here. I am prepared to interact with this passage and I am happy that this event is possibly true—it has similarities to the question about paying taxes to Caesar—but I do think the caveat is worth keeping in the back of one's mind.

I am defending capital punishment for murder
In my post I specify that my defence is restricted to murder. I am prepared to extend this to related crimes such as treason and espionage.

I made this restriction as the reason for execution of murderers is not the same as the reason for other crimes. The Israelites were to execute men who drew their neighbours away to worship foreign gods (Deuteronomy 13:5; 18:20). While this is appropriate for the ancient Israelites because of God's redemptive plan, I don't think God intends for Christians to kill every infidel in the current age.

Thus even if Jesus does qualify the punishment for adultery within the Mosaic Law (I am not certain he does), this may not affect the appropriate punishment for murder in Gentile nations.

Mercy does not negate the permissibility of the death penalty, or even the necessity of it
There are 2 related questions concerning this (or any) punishment.
  1. Is this punishment acceptable?
  2. Is this punishment required?
If a punishment is: acceptable but not required, then not having such a punishment within the justice system is a possible scenario. In the case of theft, one country may prescribe a fine, another a jail term.

But even if a punishment is required, there are times when we may not give a full punishment. Offering mercy is allowed within a legal framework. One should not show favouritism. Note that when a man knows he deserves a punishment he is more receptive to mercy.

The Jews were not able to administer capital punishment in this situation
The Jew's were not legally allowed to execute criminals under Roman occupation. When the Sanhedrin brought Jesus before Pilate he said
"What accusation do you bring against this man?" They answered him, "If this man were not doing evil, we would not have delivered him over to you." Pilate said to them, "Take him yourselves and judge him by your own law." The Jews said to him, "It is not lawful for us to put anyone to death."
This means that no Jews were permitted to carry out the death sentence under Roman occupation (at least without their permission).

The question was to give the scribes and Pharisees a charge against Jesus
Because the Jews were unable to execute people under Roman law the question was to try and catch Jesus. It is similar to the situation when they asked him if it was lawful to pay taxes or not. The Jews were not interested in understanding Jesus' interpretation of the Law, they were trying to place him in a catch-22 position.

Jesus was a servant during the first advent
Jesus is God. He is the judge of the world. And we are fully at his mercy. John the Baptist recognised he greatness as did many others.

Jesus was sent on a mission to earth 2000 years ago. That mission was as a servant to men. That is partially why many did not recognise him as a Messiah as they were looking for a king. Now Jesus is in and of himself a king. He set up a kingdom. And he will return as king and judge. But this was not his role during the first advent. So while he is judge by right, Jesus the man denied his role as (an earthly) judge at that time. He submitted himself to the authority structures when appropriate during his earthly sojourn. Where Jesus did act in "judgment" over situations, it was as an eternal judge, not temporal; e.g. "Your sins are forgiven you."

Jesus did not address the question of capital punishment
Jesus' words in this situation do not specifically say whether or not capital punishment is appropriate for this or any crime. And I am uncertain if he did elsewhere. However he noted that all men must face judgment and we need to be ready when we die, whether justly or unjustly.

So what of Jesus' response to the accusers and the woman?
Jesus response to the accusers did not exactly deal with the issue of the appropriate punishment for adulterers. It dealt with the hearts of the accusers. And this is frequently Jesus' modus operandi. People come to Jesus with a question about justice, or requesting a judgment and Jesus speaks to that person's heart. When the man asked Jesus to intervene so an inheritance was divided fairly Jesus spoke to the man's covetness (Luke 12:13). Jesus was not necessarily saying the other brother had done the right thing, Jesus was using the man's plea to focus him on things eternal. Note also in this example that Jesus refuted that he was an appropriate judge in the specific scenario.

Therefore I am not certain that the statement
Let him who is without sin among you be the first to throw a stone at her.
says anything about the appropriate punishment for adultery. Jesus is speaking to the hearts of the men bringing the accusation.

Jesus response to the woman was clearly redemptive.
Jesus stood up and said to her, "Woman, where are they? Has no one condemned you?" She said, "No one, Lord." And Jesus said, "Neither do I condemn you; go, and from now on sin no more." (John 8)
God does not want people to be condemned, Jesus came to redeem them. John 3 says
For God did not send his Son into the world to condemn the world, but in order that the world might be saved through him.
So Jesus does not condemn this woman yet still exhorts her to leave her life of sin.

Still, the focus on redemption leading to life could hint at the possibility that allows an alternative to the death penalty, compare Ezekiel 18, and note also item 6 above.

Conclusion
The several reasons above show why I think this particular passage does not obliterate capital punishment for murder; and I am not even certain the Jesus is suggesting that capital punishment is inappropriate for adultery (in a Jewish context).

I will add that Paul thought that death remained an appropriate punishment from the state in certain situations. Paul said,
If then I am a wrongdoer and have committed anything for which I deserve to die, I do not seek to escape death. (Acts 25)

Thursday, 25 June 2009

Does the death penalty prevent reconciliation with God?

Now on to jc_freak's objections.
Now in the case of the death penalty, rehabilitation clearly does not apply.
I don't see why not in principle. Convince him that he should not murder again.
I think that Christians should no longer support retributive capital punishment. I agree with you that we cannot expect worldly governments to live by Christian principals. Indeed, I agree with you that it may not be wise for Governments to act like churches at all, since, to some degree, governments need to interact with worldly people (war comes to mind as something that Christians should avoid, but governments need to often pursue).
I think God has expectations for governments and that they are best to govern according to God's desires. They will be judged on how they governed. The government is not the church. God has requirements for the church and requirements for government. They need not be the same. The church perhaps should not pursue war, but that doesn't necessarily mean that members of the church cannot fight in war.
But I think that Christians need to avoid supporting the death penalty because of our call to evangelize. We, as Christians, need to remember that when the government kills a convicted murderer, there is a very good chance that that person is going to Hell. This is not something we should pursue, but something that we should be actively avoiding. The longer we can keep those men alive, the more opportunities we have to reach them.... I also understand the principal that the threat of death may cause a criminal to seek salvation, but this also assumes a Christian justice system that actively works to teach criminals the gospel. This we do not have, so the concept doesn't really apply.
But we can still evangelise. The state is required to do her role and the church is required to do hers. I don't think the justice system has to be overtly Christian (though it should be godly) and teach the gospel; I think the church should evangelise within the jails.

But to your main point which is the key to this discussion. Now I agree that we should not pursue men going to hell, but I take issue with your assumption that the longer men are kept alive the more opportunities we have to reach them. This sounds somewhat reasonable but is it true? C.S. Lewis asked the question whether a man condemned to death in 30 days is any less likely to seek God than the man incarcerated for 30 years. And I think Lewis has a valid point. People need to face their own mortality. A murderer who has been caught and knows he is to die in a month is forced to face his mortality. He is forced to look thru to eternity. He is likely to ask if there will be any reckoning for his actions. Whereas the man who gets incarcerated for the rest of his life does not necessarily have these issues placed in such stark contrast. He may adapt to life in prison and continue to live a life avoiding God. I am not convinced that a longer duration of life, even if it gives more potential opportunities to witness, makes a man more likely to respond to the gospel. I wonder if facing a short life may be as or more effective in the path to repentance.

There are a couple of other issues that arose in the discussion. I said
And if a murderer murders in prison, or arranges one from prison, does the state bear some responsibility because they did not execute him. And what of the victims who are hell bound because they died before they heard the gospel
to which jc_freak responded,
Let's take the second one first. If a murderer kills an unbeliever, and that person is hell bound now, then why would that influence the way the now treat the murderer? Should we be less inclined to see that person in heaven? I dont really understand here.
That may be because you separated my comments out.
As far as the criminal killing while in prison, I did say that I support incapacitation as a reason for the death penalty, which is what you are talking about here. If a person is too dangerous to keep alive, then it is understandable to kill him.
Murderers have murdered in prison and they have arranged contract killings from within prison. The point here is that by not executing the murderer after the first crime (so that they may respond to the gospel) we have allowed him to be in a position to murder a second time and the victim of the second murder may not have heard the gospel.

Lastly,
My issue is that not whether the death penalty is present, but why it is present and how it is being used.
Bad laws and misuse of the law—yes those are very real issues, but side issues. We must establish the legitimacy (or not) of the death penalty as a punishment. Is it intrinsically allowable for the state; is it expected of the state? If it is, there may still be reasons to oppose it on pragmatic grounds. Disregard for the law and excessive numbers of innocent people being executed for example.

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