Plain and simple, the Confession does not teach that the civil law “can not be made applicable to any nation today…” Rather, it teaches the very opposite! It teaches that nations are obliged to implement the civil law as the general equity may require. R2K types misread Westminster Confession 19.4 by saying that the preservation of the general equity of the OT civil code now applies solely to church discipline.

Christians and non-Christians alike have grieved this past week while also trying to process ethical questions regarding longtime convicted kidnapper Cleotha Abston who is being charged with abducting and murdering Eliza Fletcher.

Many ethical questions are at hand and convictions run passionately deep regarding how those questions might best be answered through a Reformed Christian world and life view. As strange as this might sound to many, some Reformed Christians have little regard for “worldview type” answers to ethical questions that intrude upon the sphere of civil government. Among the leading critics of a confessionally Reformed view of civil government are those who subscribe to what is called “Reformed 2 Kingdom” (R2K).

R2K is a position that posits that Christians are citizens of the spiritual kingdom of God along with inhabiting the earthly kingdom of this world, which includes as fellow members all people without distinction. R2K has been opposed by those who would define it not as a species of a distinctly Reformed 2 Kingdom model but instead an offspring of a Radical 2 Kingdom paradigm because of a non-Reformed balance between Scripture and Natural Law. Although R2K rightly appreciates that there is a law of nature that is revealed to all humans in conscience without distinction, the R2K movement is increasingly radicalized by denying Scripture its rightful place of influence in the civil kingdom, which too falls under the governing domain of God. Consider one leading proponent of R2K:

“Scripture is the sacred text given to God’s covenant people whom he has redeemed from sin. . . . Given its character, therefore, Scripture is not given as a common moral standard that provides ethical imperatives to all people regardless of their religious standing.” Professor at a Reformed Seminary

R2K proponents, with their Natural Law paradigm, deny that Abston ought to have been executed according to Exodus 21:16 for his first kidnapping. In theory, R2Kers could advocate for capital punishment for kidnapping, just as long as they don’t justify the penalty on the authoritative word of God.

The task at hand:

Questions before all nations include…

• Which sins ought to be considered crimes?
• What should be the punishment for criminal acts?
• How might we best justify our answers?

Civil magistrates are governing authorities established by God for the punishing of wrongdoers. In light of this awesome God ordained responsibility, Natural Law proponents tell us that the Scriptures are neither necessary nor permitted to inform civil magistrates on the details of how to govern society in a manner pleasing to God. (Noodle that one around in your head for a moment.)

For the R2K crowd, God requires civil magistrates to govern society according to the “Book of Nature” alone. It would be displeasing to God for Christians to desire and pray that the general equity of OT civil law be implemented today because capital punishment finds its NT fulfillment in excommunication. (More on that later.)

Because there are no theocracies today, we’re told that civil magistrates may not glean from Old Testament law which sins should be deemed crimes. Nor may civil magistrates seek to determine suitable punishment for criminal acts by searching the Scriptures. Natural Law is exclusively sufficient for the task.

Natural Law and fallen autonomous reasoning:

Natural Law informs us that the least of all sins deserves God’s wrath. Yet R2K proponents also maintain that civil magistrates should not punish some sins at all and all sins should not be punished equally severely. Accordingly, God’s preceptive will is for civil magistrates to determine by the light of fallen nature alone whether bestiality, homosexual acts and abortion (just to name a few sins) are to be considered purely sins, criminal acts too, or simply amoral. (Even if nature were to inform us that these sins should also be illegal, how successful and unified have the nations been over time on deriving a “Natural Theology” of sin, crime and penology to that effect?)

First principles:

Natural Law began with creation and was operative during the time of Moses through today. Natural Law could not have contradicted Israel’s civil sanctions lest God could deny himself. Furthermore, neighboring nations would not have violated the “Book of Nature” by executing kidnappers according to the God of Israel’s wisdom during the Mosaic era. Accordingly, there’s no reason to believe that Natural Law in any way forbids putting a kidnapper to death today, (lest the cross of Christ has altered Natural Law). Therefore, why think that non-theocratic nations today ought not govern in a way that would have been more exemplary for non-theocratic nations during the Mosaic era? Should we believe that God would be angrier with non-theocratic nations today if they turned to Scripture to try to determine which sins should be considered crimes? Would God be angrier with non-theocratic nations if they were to execute kidnappers according to Special Revelation rather than justifying the loosing of kidnappers after limited incarceration based upon Natural Law inference?

At the very least, if Natural Law has not changed over time and God’s two forms of revelation are complementary and never antithetical, then why should we accept the claim that God would not have the nations adhere to the general equity of Old Testament civil law, which is fundamentally the moral law applied to orderly government in the civil realm?

Various reasons have been given why we are not to govern society according to OT equity. 

“In other words, the Old Covenant, Mosaic death sanctions typify and anticipate the eschatological manifestation of God’s righteous judgment against his enemies.” Reformed Theologian and Author

Much can be said. First off, the death penalty preceded Moses. Did the death penalty that preceded Moses typify and anticipate the same eschatological manifestation? Secondly, what about the non-capital offenses that were not sanctioned by death? For instance, I can possibly see how OT restitution might typify eschatological judgment in a Roman Catholic sense, but how in a Reformed sense in which there’s no doctrine of purgatory that would be typified by a defined path to pay back in full after death?

Finally, since the death penalty preceded Moses and was instituted for violations against God’s image bearers, why should we suppose there is no lasting and intrinsic temporal value for such civil sanctions? Why, in other words, should laws that were so useful for governing OT societies be considered secondary to typology, or so devalued by the cross of Christ that they lose all their societal value? After all, if every transgression or disobedience received just retribution, then mustn’t civil sanctions still serve a functional social purpose simply by virtue of all nations requiring governance before and under God? In a word, is biblical typology all that antithetical to biblical penology?

“The civil codes have lost their context now that salvation is in Christ, in a spiritual kingdom, and not in Israel, a temporal nation.” Reformed Pastor and Professor

Aside from a false disjunction that would implicitly presuppose that Israel’s civil code and spiritual kingdom are somehow mutually exclusive concepts – the Reformed tradition has always maintained that salvation was always spiritual; hence not all Israel was Israel. Secondly, why should we believe that God’s wisdom and righteous judgment loses practical applicability upon King Jesus’ commissioning of the church to disciple the nations under the whole counsel of God? How does the cross make foolish and passé the wisdom and general equity of civil laws that were intrinsic to a nation that would seek God’s wisdom in civil justice? Is the Son of God no less King over the nations than Lord over the church?

“I’ll say it again, since Paul spent so much time addressing the differences between Jews and Gentiles, and also said that Gentile were not bound by Israelite norms, then his instruction in Rom 13 is hardly a reaffirmation of OT civil laws.” Professor and Historian

We cannot logically deduce that which is not deducible. Nor is it wise to require God to provide answers in the exact places we might hope to find them. That is to come dangerously close to putting God to the test.

Scripture is replete with examples of Jesus not providing answers in the context in which people often sought them. Accordingly, citing Romans 13 in an effort to refute Westminster civil ethics through the employment of a fallacious argument from silence is on par with concluding that (a) Jesus was not a teacher sent from God; (b) Jesus was not good and, therefore, not God; (c) Jesus intended to establish Israel as a political power but failed with the passing of John. (Mark 10:17-18; Acts 1:6,7; John 21:20-22)*

“The Westminster Confession describes them as “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” (XIX. 4).” In other words, these laws were for regulating the nation of Israel, which was then but no longer is the particular people of God. While there is an undisputed wisdom contained in this civil law it can not be made applicable to any nation today, since there are no biblically sanctioned theocracies now.” Reformed Pastor and Professor

How can “undisputed wisdom… not be made applicable…”? Wisdom not relevant? Something seems intuitively doubtful about such claims. Are the Proverbs no longer applicable because there are no theocracies today? What about the Ten Commandments? Aren’t civil laws the application of moral laws in the civil sphere, after all?

Plain and simple, the Confession does not teach that the civil law “can not be made applicable to any nation today…” Rather, it teaches the very opposite! It teaches that nations are obliged to implement the civil law as the general equity may require.

R2K types misread Westminster Confession 19.4 by saying that the preservation of the general equity of the OT civil code now applies solely to church discipline.

“They are transformed into the judicious application of church discipline.” Reformed Pastor and Professor

By this miscalculation, when the Divines advocated for the preservation of the general equity of Israel’s civil law, they weren’t allowing for anything like maintaining an equity of civil justice. Nor were they establishing biblical principles of accommodation by affording freedom to rearrange and substitute non-essential aspects of the law such as stoning for hangings (or today lethal injection, and DNA for the principle of two or three witnesses.). Rather, we’re asked to believe that the Divines were actually teaching the preserving of the general equity of capital punishment by applying the death penalty to ecclesiastical excommunication!

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