Vision Forum: Witherspoon School of Law and Public Policy

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Vision Forum
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Witherspoon Faculty
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While not a lawyer or politician, since I have learned much from Vision Forum's various conferences, I was curious about the Witherspoon conference.  I am glad to say these messages are timely and important for professionals and laymen alike. While some specific law cases are mentioned, by and large, these are foundational teachings on how to think and live biblically.  These will necessarily affect how we work, educate, and vote.  While lawyers may be able to make a more direct impact on public policy, we all need to understand the issues if we are to live faithfully in the complex and bewildering 21st century world.

The CD album includes 16 of the most important discussions at the 2008 conference of the Witherspoon School of Law and Public Policy.  Speakers include Doug Phillips, Howard Phillips, Bill Einwechter, Judge Roy Moore, Larry Pratt, and others.

In his two talks introducing the conference, Doug Phillips shows how everyone has deeply held religious beliefs that drive all their decisions.  Even a thorough skeptic or materialist has a religion they see as transcendent and wish to impose on others.  Law and public policy are the arenas where various religious beliefs contend.  The conference goal is to show how the Bible is the root of all rational thoughts and belief.

Mr. Phillips uses a helpful concept of the "Law pyramid".  At the top are the two greatest commandments - love God and love your neighbor.  At the middle are the Ten Commandments which describe the major issues involved in fulfilling the two commandments to love.  The pyramid's base is the various forms of case law from the Old Testament.  The case law describes how the Ten Commandments are to be implemented in various specific situations.  This discussion reduces the confusion surrounding the effect of the Old Testament on present-day believers, and sets the table for the rest of the conference which deals with specific issues surrounding faithfulness to God's revealed law.

Bill Einwechter's first lecture regards the definitions, derivations, and distinctions of positive law, historical natural law, and biblical Christian jurisprudence.  This lecture is a rich analysis of today's society and the historical forces that shaped it.  It is helpful for general worldview understanding, as well as particular insight into the current legal and governmental confusion.  Mr. Einwechter begins with a critique of "Positive Law".  This non-biblical form of jurisprudence seeks to divorce law from morality - law being descriptive and simply describing the will of the people while morality is "prescriptive" and declares what "ought to be".  This system, birthed in the optimism of the 19th century, has since been largely discredited as it provides no foundation for legally opposing the genocidal atrocities of the 20th century.  Since the Nazis followed the laws of Germany, how could they be found guilty by "higher" laws of justice?  Positive Law states that no such higher law exists.

As Positive Law's weaknesses were manifest, a return to Natural Law began in the late 20th century.  But historic Natural Law finds its basis solely in man's capacity to reason and discover laws basic to "human nature".  Mr. Einwechter helpfully distinguishes between Natural Law and biblical law.  Biblical law recognizes the image of God within men, but does not trust man's reason to discern what is just, as the image of God within man is corrupted by the fall into sin.  Natural law assumes man can know justice and truth without revelation from God.  As Christians, we are commanded to teach and live "what Jesus commanded", so a biblical jurisprudence finds Natural Law inadequate. Mr. Einwechter reflects on the Romans 2 passage that states all people know the law by nature.  Though men know something of the law, right knowledge shows they fall short of God's standards - not that they know fully what is true and just.

In the session "Reformation and the Law", Mr. Phillips and Mr. Einwechter answer questions on practical ways to begin restoring biblical precepts to society.  Near the end, Mr. Phillips recounts a dialog with a non-believing evolutionist who insisted he was "non-religious".  Mr. Phillips told him he was actually very religious as is everyone.  The dialog:
"Are you religious?",
-"No, I base my beliefs on science"
"Then why do you think evolution is true"
-"Because most scientists have agreed it is, according to a basic level of standards and so on"
"So you don't know conclusively but follow the majority of experts"
-"That's right"
"What if the majority of scientists said it was OK to vivisect Jews, as a majority of German scientists once did - would you agree?"
-"Well no, that would be wrong"
"But that would disagree with the majority - how do you know it would be wrong?"
-"Some things are just obviously wrong - you just know that they are"
"Has your thinking ever been wrong?  Ever not known how to solve a problem or what question to ask"
-"Yes, of course"
"So you have deep faith to trust your mind, which you know can be deceived or wrong.  You are indeed a very religious man"
The point is that we all have in something not accessible to mathematical proof.  Will our faith be in our own minds or in the transcendent creator?  I address the various options for the object of our faith in my article "Exit Strategy"

In "You May Not Take Our Guns", Larry Pratt explains the original intent of the 2nd amendment, along with modern day assaults upon the amendment by various statutes and ill-decided judgments.  The confusion surrounding this issue is put to rest by simply defining terms according to the vocabulary of the 1780's and understanding the historical context of the Declaration, Constitution, and Bill of Rights.

In "Genesis and Geneva: The Emergence of Liberty in the West", Doug Phillips explains the history of English Common Law rising from the arrival of the gospel via Augustine, gaining prominence with King Alfred, being codified more carefully in the Magna Carta, and developing steadily until the New World colonial period.

Mr. Phillips emphasizes the importance of the Geneva Bible in the 1500's, the first with margin notes carefully systematizing biblical doctrine.  King James understood the popularity of the Geneva Bible might undermine unchecked royal sovereignty as people begain to understand the Lordship of Christ and their freedom under Him.  James thus commissioned the Authorized Version, a faithful translation but without helpful study aids.

Mr. Phillips concludes by listing the various Reformation doctrines and their direct impact on public understanding of government and law:

- Total Depravity: king under law, government restrained, checks/balances essential

- Priesthood of Believers: personal responsibility, rulers must be covenant-keepers, private sector solutions instead of state control

- Biblical Law: a higher standard that applies to civic governments

- Covenant: oaths and vows central; written documents such as Mayflower Compact, Declaration of Independence, etc.

- Biblical jurisdictions and roles: limited government, states rights, family/household government under father's leadership, parental consent, etc.

Hopefully, these short comments on a few of the 16 messages give a sense of the importance and value of this series.  May our understanding of our heritage be renewed, and our efforts to maintain and grow in Christian faithfulness be reinforced by the truths and insights of the Witherspoon School.