It’s common in our cultural moment to hear that “the rule of law is under attack.” Depending on your algorithm, the attackers come from different corners of the political-ideological spectrum.
In my legal practice, the rule of law seems to function. But headlines and anecdotes regularly cause me to wonder if its days are numbered. Media broadcasts daily claim that the rule of law is buckling, and international headlines regularly offer almost dystopian previews of what its total collapse might portend.
But first, what is the rule of law? A good working definition is found in Black’s Law Dictionary: “The supremacy of regular as opposed to arbitrary power.” It undergirds the righteous form of government endorsed by Calvin Coolidge in 1924.
There are only two main theories of government in the world. One rests on righteousness, the other rests on force. One appeals to reason, the other appeals to the sword. One is exemplified in a republic, the other is represented by a despotism.
The expectation is that we’ll all generally follow the law, and that reasonable consequences follow for those who don’t.
A more foundational question is worth asking: Why should Christians care about the rule of law?
Biblical Warrant for Rule of Law
The most foundational reason Christians should care about the rule of law is that God does. Implicit in our being made in the image of God is that we’re divinely deputised, individually and corporately, to enculturate the whole creation consistent with our Creator’s grant of authority (Gen. 1:26-31; 1 Pet. 2:9–17). The whole creation is to proclaim the glorious purposes of our God; we’re tasked as coworkers to bring those purposes forth (Ps. 104:10-30; Amos 5:14–15).
No verse says, “Thus sayeth the Lord, thou shall care about the rule of law.” Nor does the Bible specifically endorse the legal systems of the Western, industrialised nations where the rule of law has been deeply embedded. But Scripture plainly speaks to the reality that God cares that people get their due (Ex. 22:21-27; Acts 6:1-6; Rev. 6:9-11), and this concern is evidenced throughout the Bible in many contexts, including commercial, familial, judicial, and ecclesiastical settings.
Among many reasons, three general categories of biblical warrant for the rule of law stand out: (1) protection from sin, (2) provision for creation, and (3) moral guidance.
- Protection from Sin
From the Bible’s earliest pages, it’s clear that things aren’t the way God designed them to be. Yet even in a broken world, God has ordained government for the common good — just and unjust alike — as a shield against wrongdoing (Rom. 13:1–5).
As the New City Catechism states, the sixth commandment requires that people “do not hurt, or hate, or be hostile to [their] neighbour,” so it’s an affront to the law of God and human dignity for wrongdoers to harm their neighbours. The rule of law insists that governments seek to prevent such wrongdoing and, when necessary, redress it commensurate to the wrongdoing.
The rule of law essentially originates from the imago Dei and its necessary implication that God’s image-bearers are entitled to receive their due. Thus, any alternative to the rule of law flows from the disregard of the imago Dei.
- Provision for Creation
The rule of law fosters God’s purposes by facilitating his goodness toward humanity. In his common grace, God empowers humanity to cultivate a buffet of earthly resources for the building up of civilization (Gen. 9:7; Jer. 29:5-7). Science, art, institutions, families, economies, and countless other blessings are promoted, enabled, and protected through the rule of law.
To lose the rule of law is to expose people to the arbitrary whims and desires of the strong.
- Moral Guidance
Undoubtedly, the law of God directs believers in the way of gratitude — the third use of the law. But can the law of a society direct believers and unbelievers alike in the way of moral good? I think it can. God ordains the rule of law to deter wrongdoing. This deterrence both endorses and lends plausibility to morally righteous behaviour. Often, the law’s endorsement of certain actions influences the public toward acceptance of actions, for good or for ill (Judges 21:25; 1 Kings 14:16).
A notable recent example is in how the 2015 Obergefell decision seemingly led the way in promoting public approval of same-sex relationships. Further, many in the church have likely noticed the unfortunate loss of an appeal to authority with respect to marijuana usage or sports betting.
How Rule of Law Supports Christian Mission
If Trueman is right, then the rule of law might just help a new church attendee safely make it to a Bible study for the first time. It might encourage a Christian college student to donate his money to a non-profit instead of gambling it on sports. It might make it easier for parents and pastors to steer young adults away from using harmful substances.
And it might ensure that when injustices do inevitably arise, that Christians may appeal to impartial magistrates to enforce just laws that protect our rights to gather publicly, evangelise, or simply do our jobs consistent with biblical convictions (Lev. 19:15). – The Gospel Coalition.
