General Equity

About 1970 claims began to be published that a perpetual obligation remains in many Old Testament ordinances which classical Reformed theologians had regarded as expired under the New Testament. The "Christian Reconstruction" movement seeks to conform modern society to this reassertion of certain laws given to Old Testament Israel. One of the tenets of Christian Reconstruction is theonomy, the belief that the Old Testament civil law is morally binding today. This essay will examine the diversity between theonomy and the classical Reformed tradition. Particular attention will be given to the Westminster Confession of Faith and Catechisms as representative of classical Reformed theology; our reference will be to the original text of the Confession (1646), without the eighteenth-century American revisions respecting the civil magistrate.

Important Issues at Stake

There are important practical implications in the question whether theonomy is consistent with the teaching of the Westminster standards. It is the intended function of the Westminster Confession and Catechisms to define both the system of doctrine and the ethics found in Scripture. Recognition that the standards define a system of doctrine inclusive of ethics is embodied in the subscription vows which John Murray composed for the Presbyterian Reformed Church, altering the American vow from "system of doctrine" to read "system of truth."

Elsewhere Murray argued that the system of truth in the Westminster standards encompasses ethics as well as doctrine. "When the formula refers to the system of doctrine taught in the holy Scriptures and to the Confession and Catechisms as containing this system, it will surely be granted that the system includes ethics as well as what is sometimes, more specifically, called doctrine. The space devoted to ethics in the subordinate standards, especially in the Catechisms, would permit no other conclusion. And, of course, to exclude ethics from the system of doctrine taught in Scripture would be preposterous. Now, on the assumption that the formula involves subscription to the system of doctrine contained in the Confession and Catechisms, . . . I submit that the teaching respecting the Sabbath and its continuing obligation belongs integrally to the system of doctrine set forth in these documents. More specifically, this teaching belongs to the ethic of these standards."(1)

A church must have consensus about the ethic in its system of doctrine, in order for the church to operate its pastoral oversight and discipline. If there are rival ethics, either the one is allowed to displace the other, or there will be strain such as comes to churches which do not have consensus as to a system of doctrine. Indeed, the presence of rival ethics represents a breakdown in agreement about the church's system of doctrine.

Theonomy's emergence as a rival ethic was indicated when its primary authors condemned as antinomian the perspective of standard Reformed writers such as John Calvin, Charles Hodge and John Murray.(2) The basic reason for the charge of antinomianism is the teaching of these writers that much in the Mosaic judicial law was part of the middle wall of partition now removed from between Jews and Gentiles, and that only those elements of judicial law are obligatory which are found in the general ethical teaching of Scripture. Theonomists argue that these representatives of the Reformed faith have improperly dismissed much which is of abiding moral obligation, and which needs only some adaptation from its setting in the ancient world in order to be applied to modern society. In other words, theonomy expands the range of moral obligation. As we shall see, there is a difference both theoretically, as to the test for discovering what is ethically binding for the Christian, and also practically, in the conclusions drawn from the two competing theories, the classical and the Reconstructionist.

The arrival of a new system of doctrine or a new ethic is often heralded by its giving a new definition of an old error which it opposes, charging that the old error is to be found in the basic premises of those who hitherto have been the primary critics of the error.(3) It is true that Christian Reconstruction has presented itself as the proper heir to the Reformed Church's historic opposition to an antinomian dispensationalism and to the Anabaptist tradition, which find less relevance in Old Testament patterns than does the Reformed Church. However, much of Christian Reconstruction's critique also stands in opposition to classical Reformed teaching respecting what is of abiding relevance in the Old Testament. The classical Reformed hermeneutic, which has resisted dispensationalism on the one side, has been assailed in our generation by a new tradition moving away in the other direction, and ascribing permanence to much in the Old Testament which the classical Reformed tradition has held was preparatory to the coming of Christ.(4)

The Teaching of the Westminster Confession

In examining several points of variance between theonomy and the doctrine of the Westminster Confession of Faith, we may begin by citing the passage in the Confession which is most relevant, namely, Chapter XIX, "Of the Law of God," and noting the Assembly's proof texts:

"I. God gave to Adam a law, as a covenant of works, by which He bound him and all his posterity to personal, entire, exact, and perpetual obedience(5) . . . . . II. This law, after his fall, continued to be a perfect rule of righteousness, and, as such, was delivered by God upon Mount Sinai, in ten commandments(6) . . . . . III. Beside this law, commonly called moral, God was pleased to give to the people of Israel, as a church under age, ceremonial laws, . . . partly of worship,(7) . . . and partly holding forth divers instructions of moral duties.(8) All which ceremonial laws are now abrogated, under the new testament.(9) IV. To them also, as a body politic, He gave sundry judicial laws, which expired together with the State of that people; not obliging any other now, further than the general equity thereof may require.(10) V. The moral law doth for ever bind all, as well justified persons as others, to the obedience thereof;(11) and that, not only in regard of the matter contained in it, but also in respect of the authority of God the Creator, who gave it:(12) neither doth Christ, in the Gospel, any way dissolve, but much strengthen this obligation."(13)

The Confession affirms that the law given by God to Adam at creation is the moral law,(14) and that this is the law which was delivered in the ten commandments, and which forever binds all men and is not dissolved under the Gospel. Beside this law, the ceremonial and judicial laws were given by God to a particular group, namely the people of Israel, considered as a church under age and as a body politic. With the close of the preparatory period in redemptive history, the ceremonial laws were abrogated and the judicial laws expired. At four points in the passage, the Confession identifies the moral law as the mandate which permanently binds and obliges. The presence of moral elements in the ceremonial and judicial laws is acknowledged, though much in the ceremonial and judicial laws is other than moral; part of what the ceremonial laws held forth was instruction of moral duties, and there is an element of general equity in the judicial laws which continues to oblige. Immediately after the two paragraphs in which consideration is given to the temporary role of the ceremonial and judicial laws in redemptive history, there is a paragraph which contrasts the undissolved obligation of the moral law, and which cites Matt. 5:17-19 as proof of that proposition, indicating that the Westminster Assembly regarded Matt. 5:17-19 as referring to the moral law as distinct from the ceremonial and judicial laws.

In sum, the Confession 1) makes a threefold distinction of moral, ceremonial and judicial law, 2) characterizes the ceremonial and judicial laws as appointments for a given period in redemptive history, and 3) asserts that elements of the ceremonial and judicial laws remain obligatory only insofar as they embody the contents of the moral law which was given already at creation, republished in the ten commandments, and whose authority was strengthened under the Gospel.

Theonomy makes a number of claims which are difficult to reconcile with the teaching of the Confession.(15) 1) Theonomy denies the threefold distinction of moral, ceremonial and judicial laws, replacing it with a twofold distinction of moral law and "restorative" (or ceremonial) law.(16) Judicial law then is subsumed under the moral law and is held to carry the permanent obligation that belongs to all of the moral law.(17) 2) Instead of the confessional hermeneutic that regards the judicial law as such as having expired, theonomy claims that each judicial ordinance is binding today if it has not been explicitly retracted in the New Testament.(18) 3) Theonomy regards the ten commandments as ambiguous, and urges that the extensive and detailed provisions of the judicial law are necessary for discovering the meaning of the decalogue. The exposition of the moral law is left dependent upon the judicial laws, which become a primary standard for defining moral obligation.(19) By contrast, the confessional hermeneutic brings the judicial laws under examination by the moral law, esteeming the general moral law teaching in Scripture of sufficient clarity to function as the arbiter of perpetual equity in the judicial laws. Elements of the judicial law which go beyond the requirements of the moral law are not to be held as still obligatory. 4) Theonomy rejects the concept that a natural law given at creation embodies an obligation that is narrower and more permanent than that of the judicial laws given later to Israel.(20) 5) Theonomy regards the judicial laws as largely of universal application, rather than having respect to a particular nation and period in redemptive history for which they were given,(21) despite the Confession's affirmation that the judicial laws as such expired together with the state of that particular people. 6) Theonomy teaches that the Mosaic ceremonial and judicial laws continue to be obligatory, and that we are to regard only the manner of observing them as different from the Old Testament.(22)

Notes
(1) John Murray, letter to The Presbyterian Guardian, 38(1969):85.
(2) Rousas John Rushdoony, The One and the Many: Studies in the Philosophy of Order and Ultimacy (Nutley, N.J.: Craig Press, 1971), pp. 262-63: "For this outer world, Calvin rejected biblical law. The world was thus in effect sundered from God and at this point given its own sovereignty and independence. . . . At the same time, Calvin strongly emphasized the duty of love. . . . This is virtually a doctrine of unconditional love; it has a vein of antinomianism in it. It is close to the position of modern liberals who believe in salvation by love. . . . . Combined with the inconsistent attitude on law, it gave ground for the development of a liberalism out of Calvin." Cf. Rousas John Rushdoony, The Institutes of Biblical Law (Nutley, N.J.: Craig Press, 1973), pp. 9-10, 551; Greg L. Bahnsen, Theonomy in Christian Ethics, expanded edition (Phillipsburg, N.J.: Presbyterian and Reformed Publishing Company, 1984), pp. 307-14, 458-66; Gary North, Dominion and Common Grace (Tyler, Tex.: Institute for Christian Economics, 1987), pp. 119-21; Gary North, Political Polytheism: The Myth of Pluralism (Tyler, Tex.: Institute for Christian Economics, 1989), pp. 27-28, 48, 51-54, 130-33, 160 (n. 72), 367; Gary North, Westminster's Confession: The Abandonment of Van Til's Legacy (Tyler, Tex.: Institute for Christian Economics, 1991), pp. 52-55, 58-59, 261; Gary North, "Hermeneutics and Leviticus 19:19," in Theonomy: An Informed Response, ed. Gary North (Tyler, Tex.: Institute for Christian Economics, 1991), pp. 259-60.
(3) Cf. North, Political Polytheism, pp. 27-28: ". . . I demand that 'antinomianism' be defined in terms of the five points of the biblical covenant model. . . . . I realize that I am departing from the accepted definitions offered by the historical Church. This is necessary; I am also departing from the Church's long-term reluctance to define and apply the covenant." Cf. pp. 52-53: "Yes, I am offering a more comprehensive definition of 'antinomian.' My major goal in life is to lay additional foundations for a theological paradigm shift that has already begun. . . . . One inescapable aspect of a new movement or new way of viewing the world is the creation of new terms (e.g., 'theonomy'), and the redefining of old terms. . . . . Those who pioneer a new worldview must break the near-monopoly stranglehold over useful terms that existing intellectual guilds have gained for themselves. . . . . I am doing my best to help establish effective theological terminology for future use by those who have adopted a theonomic worldview." Cf. p. 60: "The older definitions of 'antinomian' were devised by those who, if my version of God's law is correct, were themselves antinomians."
(4) Cf. Rushdoony, Institutes of Biblical Law, pp. 18, 23; Bahnsen, Theonomy, pp. 311-13; T. David Gordon, "Critique of Theonomy: A Taxonomy," Westminster Theological Journal 56(1994):39: "What is distinctive about Theonomy is its resistance to recognizing discontinuity in the legislation of the various covenants."
(5) Gen. 1:26, 27 with Gen. 2:17; Rom. 2:14, 15; Rom. 10:5; Rom. 5:12, 19; Gal. 3:10, 12; Eccles. 7:29; Job 28:28.
(6) James 1:25; James 2:8, 10, 11, 12; Rom. 13:8, 9; Deut. 5:32; Deut. 10:4; Ex. 34:1.
(7) Heb. 9 chap.; Heb. 10:1; Gal. 4:1, 2, 3; Col. 2:17.
(8) I Cor. 5:7; II Cor. 6:17; Jude ver. 23.
(9) Col. 2:14, 16, 17; Dan. 9:27; Eph. 2:15, 16.
(10) Ex. 21 chap.; Ex. 22:1 to 29; Gen. 49:10 with I Pet. 2:13, 14; Matt. 5:17, with ver. 38, 39; I Cor. 9:8, 9, 10.
(11) Rom. 13:8, 9, 10; Eph. 6:2; I John 2:3, 4, 7, 8.
(12) James 2:10, 11.
(13) Matt. 5:17, 18, 19; James 2:8; Rom. 3:31.
(14) Cf. Larger Catechism 92: "The rule of obedience revealed to Adam in the estate of innocence, and to all mankind in him, . . . was the moral law."
(15) Cf. the deliverance of the Free Church of Scotland's General Assembly (1997): "The General Assembly declare that the teachings commonly known as Theonomy or Reconstructionism contradict our subordinate standard, the Confession of Faith, and are inconsistent with our supreme standard, the Bible, particularly on the question of the expiry of the judicial laws."
(16) Rushdoony, Institutes of Biblical Law, pp. 304-05: "It is a serious error to say that the civil law was also abolished, but the moral law retained. What is the distinction between them? . . . . It is clearly only the sacrificial and ceremonial law which is ended because it is replaced by Christ and His work." Cf. p. 551: "However, in paragraph IV, without any confirmation from Scripture, it is held that the 'judicial laws' of the Bible 'expired' with the Old Testament. We have previously seen how impossible it is to separate any law of Scripture as the Westminster divines suggested. . . . . At this point, the Confession is guilty of nonsense." Cf. Bahnsen, Theonomy, pp. 310, 450; Bahnsen, By This Standard: The Authority of God's Law Today (Tyler, Tex.: Institute of Christian Economics, 1985), pp. 135-38, 315-18, 325-26; Greg L. Bahnsen, "The Ethical Question," in Greg L. Bahnsen and Kenneth L. Gentry, House Divided: The Break-up of Dispensational Theology (Tyler, Tex.: Institute for Christian Economics, 1989), pp. 33-34, 98-101, 126; Greg L. Bahnsen, No Other Standard: Theonomy and Its Critics (Tyler, Tex.: Institute for Christian Economics, 1991), pp. 88, 93-95, 97-99.
(17) Bahnsen, No Other Standard, p. 99: "In endorsing the Old Testament law, the New Testament never stops to make a special exception for the judicial laws." James B. Jordan, "Calvinism and 'The Judicial Law of Moses': An Historical Survey," Journal of Christian Reconstruction 5(1978-79):19: "In the literature of Protestantism, it is assumed that the law of God comes in three categories: moral, judicial, and ceremonial. The criticism rightly shows that this category scheme is erroneous. What has been termed 'judicial law' is not in fact a legal code, but rather is a set of explanations of the moral law." William O. Einwechter, Ethics and God's Law: An Introduction to Theonomy (Mill Hall, Penn.: Preston Speed Publications, 1995), pp. 41-42: "It is important to understand that the civil laws of Israel do not constitute a third category of law; the civil laws are really a subset of the moral law." Cf. Bahnsen, Theonomy, pp. 255-56, 260-61, 317-18, 465, 469; Bahnsen, By This Standard, pp. 235-36; Bahnsen, No Other Standard, p. 32; Jordan, "Calvinism and 'The Judicial Law of Moses': An Historical Survey," pp. 21, 40; North, "Editor's Introduction," in Theonomy: An Informed Response, p. 5.
(18) Bahnsen, Theonomy, pp. xiv, xvi, 312-13, 446, 471; Bahnsen, By This Standard, pp. 3-4, 7, 90, 270, 307; Bahnsen, No Other Standard, pp. 32, 68-69, 71-72; North, Westminster's Confession, pp. 81-82; North, "Editor's Introduction to Part II," in Theonomy: An Informed Response, p. 83. Cf. Sinclair Ferguson, "An Assembly of Theonomists? The Teaching of the Westminster Divines on the Law of God," in Theonomy: A Reformed Critique, ed. William S. Barker and W. Robert Godfrey (Grand Rapids: Zondervan Publishing House, Academie Books, 1990), p. 327: "For the Confession, the governing principle is that the Mosaic judicial laws have expired (whatever else may be said to clarify their relevance), whereas for theonomists the governing principle is that the Mosaic judicials have not expired but are still in force; Christ has confirmed them and they are all perpetually binding."
(19) Bahnsen, Theonomy, p. 313: "The ten commandments cannot be understood and properly applied without the explanation given them throughout the case laws of the Older Testament." Bahnsen, By This Standard, p. 318: ". . . the case law's principles define the Decalogue . . . . ." Cf. Bahnsen, No Other Standard, p. 102.
(20) Rushdoony, Institutes of Biblical Law, pp. 9-10, 659, 679-89; Bahnsen, Theonomy, pp. 399-400; Bahnsen, By This Standard, p. 327; North, Political Polytheism, pp. 98-99, 132-33; North, "Publisher's Preface," in Bahnsen, No Other Standard, pp. x-xi.
(21) Bahnsen, Theonomy, pp. xvi-xvii, 365-66, 398-99, 456-58, 462-63, 490-91; Bahnsen, By This Standard, pp. 27, 40-43, 224-25, 246, 281-82, 324-26; Bahnsen, No Other Standard, p. 45, 108, 156.
(22) Bahnsen, Theonomy, pp. 207, 212-13, 215.

Go to the next installment:
The Divine Law of Political Israel Expired: Part II