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English Legal History
1/30/2009
Outline
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I. PAUL’S LETTER TO THE ROMANS
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II. THE LEGACY OF THE ANCIENT
WORLD — CHRISTIANITY
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THE LEGACY OF THE ANCIENT WORLD
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A.
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The anger of God against both pagan and Jew. Why God is
angry aginst the Jews is easy. They have the Law but they do not keep it,
2:21–2 (p. I–11): “You preach against stealing, yet you steal; you forbid adultery,
yet you commit adultery; you despise idols, yet you rob their
temples.” Why God is angry against
the pagans is a bit more complicated, 2:14–15: “Pagans who never heard of
the law but are led by reason to do what the law commands, may not actually
‘possess’ the law but they can be said to ‘be’ the law. They can point to
the substance of the law engraved on their hearts—they can call a witness,
that is, their own conscience—they have accusation and defense, that is,
their own inner mental dialogue.”
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B.
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Now comes the first big move:
3:21 (p. I–12): “God’s justice that was made known through the Law and the
Prophets has now been revealed outside the Law ... to everyone who believes
in Jesus Christ. ... [3:31] do we mean that faith makes the Law pointless? Not at all: we are giving the Law its
true value.”
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C.
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7:1: “Brothers, those of you who have studied law will
know that laws affect a person only during his lifetime. A married woman,
for instance, has legal obligations to her husband while he is alive, but
all these obligations come to an end if the husband dies. ... That is why
you, my brothers, who through the body of Christ are now dead to the Law,
can now give yourself to another husband, to him who rose from the dead to
make us productive for God. ... The reason [8:1] (p. I–13) therefore why
those who are in Christ Jesus are not condemned, it that the law of the
spirit of life in Christ Jesus has set you free from the law of sin and
death. God has done what the Law, because of our unspiritual nature was
unable to do.” But what is now
law? The Church had already decided
that circumcision and most of the rules of kashruth were not to be
followed, but what is left?
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D.
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13:8–9 (p. I–14): “Avoid getting into debt except the
debt of mutual love. If you love your fellow men you have carried out your
obligations. All the commandments ... are summed up in this single command:
You must love your neighbor as yourself.”
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E.
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13:1 (p. I–14):
“You must obey the governing authorities. Since all government comes from God, the
civil authorities were appointed by God, and so anyone who resists
authority is rebelling against God’s decision ...
. The state is there to serve God for your benefit. If you break the law,
however, you may well have fear; the bearing of the sword has its own
significance. The authorities ... carry out God’s revenge by punishing
wrongdoers. ... This is also the reason why you must pay taxes since all
government officials are God’s officers ... .”
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A.
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The
importance of Christianity in English legal development
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B.
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The
letter to the Romans
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1.
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The
theology of the letter (justification comes from faith in Christ Jesus, not
from the Mosaic law
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2.
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The
antinomianism that seems to lurk in the letter (freedom from the law in
Christ Jesus)
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C.
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Law
and Christianity in the Roman Empire
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1.
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The
relative absence of what we think of as law from the NT
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2.
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Possible
explanations
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a.
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Law
was not the Greeks’ long suit
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b.
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Justification
by faith not by the Mosaic law
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3.
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The
Council of Jerusalem
(Ac 15:1–34; Gal 2:1–21)
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4.
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The
need for unity and the concept of communion (koinonia)
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5.
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Christianity
becomes the official religion of the Roman empire
(4th century)
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a.
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The
Greek councils (Nicaea (325), Constantinople
I (381), Ephesus (431), Chalcedon (451)
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b.
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Canons
of councils (nomos vs. kanon)
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c.
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Decretal
letters of the popes (e.g., Leo I, 440–461)
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6.
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Why
does Christianity not develop a genuinely religious legal system?
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