Institutes of Biblical Law (Rushdoony)

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RamistThomist

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R. J. Rushdoony: The Institutes of Biblical Law. Nutley, N.J.: The Craig Press, 1973.

I put off reviewing this work, either here or on amazon, for over fifteen years. Even in my recon days, this book had too many conceptual problems to warrant “free praise.” We will get to those problems in a minute. It would be futile (and intellectually impossible) to give an adequate review and summary of this work.

It parallels Calvin by title. Part of the book is a running (if massively flawed) commentary on the Ten Commandments. RJR defines and elaborates the Ten Commandments by the case laws. As one expects from Christian Reconstructionists, RJR intends for God’s law to “govern all of society” (Rushdoony 2, passim). As such, “biblical law” is often broader than what is spelled out in Torah, and that ambiguity could be a problem later. In other words, RJR runs the risk of the motte-and-bailey fallacy.

Another good part of this book is RJR gives hard and long (and often painful) reflection on tough areas of Scripture. If you have an ethical question about the Bible, odds are RJR covered it somewhere. His reasoning may be terrible (it often is), but at least he tried to cover it.

Now the problems with the book:

1) A good way to summarize RJR’s theology is “He was a man who knew so much yet understood so little.” I get the impression when reading RJR’s exposition on the case laws that he simply thinks they can “just apply” today. Here is what I mean. RJR is a presuppositionalist. And while he knows better than to approach Scripture as a blank slate,” that is often what he does. Even the better theonomists, who say that the case laws only apply in their new covenant context, never tell us what that new covenant context is. Yes, there are a few examples in the New Testament, but that only covers a few laws. For the most part, the New Testament really is not helpful on interpreting all of the laws. This is damning to the theonomic position as such.

2) While RJR rejects the distinction between civic law and moral law, he still accepts the overall distinctions within the law. This means he will approach the law (sort of apropos to the point above) as a late-modernity Westerner. As a result, he will have no idea on how to deal with some laws. For example, the law on finding a bird’s nest on the ground: Is it moral, civic, or ceremonial? How do you know? Or take even the sacrificial laws. While we say a sacrifice typifies and pre-figures Christ, which is true, is it simply a moral law? I think it is a civic law as well. This helps separate Israel from the nations.

3) Now we come to RJR’s infamous position on the food laws. He thinks they still apply. This is really embarrassing. The new testament repeals these laws in several places. But there is a deeper problem involved. Is the food law a ceremonial law or a civic law or both? It has elements of both. While it does anticipate the future work of redemption, it is mainly to separate Israel from the nations. The “bad foods you can’t eat” are actually symbols of the Gentile nations.

4) RJR’s critique of natural law is misleading (679-693). If by natural law he means something like what Thomas Jefferson promoted, he might be correct. It is autonomous. But that is not how natural law was always interpreted. The Patristics and Medievals had no problem going to nature because they said nature participates in God, so in a sense they were going to God for their source of law.

5) RJR is not always consistent on which laws continue to apply and why. When some thinkers question whether a law still applies, he charges them with “setting aside God’s law,” yet RJR apparently does the same thing on numerous points: the Sabbath (128ff), quarantine (293), and aspects of slavery (485).

Rushdoony’s ultimate problem is the metaphysics of the land. The following ideas are from some online suggestions by former theonomists.

***For one thing, Jesus’ death and resurrection have changed the world.

In Israel — but only in Israel — if you accidentally killed your best friend’s brother, you had to run to the nearest city of refuge, which would be within about 6 hours hard running from wherever you were … and your best friend had to chase you. He could run slowly, knowing that you’re innocent. But he had to chase you there and if he caught you, he would kill you.

Why? Because his brother’s blood was crying from the ground for vengeance from Yahweh, and Yahweh would take that vengeance upon Israel.

You’d get to the city of refuge, they’d take you in, there would be a trial (and your best friend, the prosecutor, might even testify to your total innocence: “I saw it all and it was an accident”). And then you’d be allowed to stay in the city of refuge till the high priest died.

If you left the city, your best friend could chase you back or put you to death, because the brother’s blood was crying for vengeance. But the high priest’s death would cover the blood that you had (accidentally) shed, so that now you could return to your inheritance … and if your best friend found you the moment you stepped out of the city, he wouldn’t kill you. You were free.

All of that has changed. Jesus the High Priest has died. The new land is, in a sense, the whole world and in another sense the church, and blood doesn’t cry out from the ground now as it once did.

So, too, we don’t have to do the “unsolved murder” stuff in the Law, where the elders from the nearest city offer an animal so that its blood covers the bloodshed and God doesn’t carry out vengeance upon them. (Is that a moral, ceremonial, or civil law? Yes. All three.)

Jesus’ death and resurrection changes things with regard to blood, with regard to the land (no more levirate marriage!), with regard to worship, with regard to lots of stuff.

That’s one answer. Another is that some things in the Law applied only to Israel or within the land (or within the holy war camp) and wouldn’t apply to us today (or to godly Gentiles back then).

Yet another is that the Law itself is couched in symbolic terms. It talks about fire breaking out in thorns and spreading to your neighbor’s property. That is not simply a law about fire spreading to your neighbor’s property. It’s a fire in thorns, and that ties in to Genesis 3.

The Law in Exodus-Deuteronomy is not simply a list of do’s and don’ts (“the moral law”), nor is it like a legal code of judicial laws. There’s lots of other stuff woven into it. Lots of symbolic language. Lots of stuff that’s crucial in any law code — like water rights! — that is missing altogether.

Conclusion

Should you read this book? No. Even if I were a theonomist I would hesitate to recommend this work. RJR’s reading of church history is suspect, his interacting with the other side is almost non-existent, and his promoting dietary laws is just plain wrong.

Other parts are just baffling. He praises the church in Armenia for offering sacrifices. I do not know if they did that, nor do I know why RJR thought that was a good thing after the death and resurrection of Christ.
 
Should you read the book? No. I disagree. The uprising in popularity in Theonomy and Christian Reconstructionism makes dealing with Rushdoony almost necessary. If anything to see from the horses mouth the arguments for the position he pretty much started. Of course one can be content with merely coming to their conclusions based off the conclusions of others; but I dont think many Christians do that in other spheres of Christian topic, controversial or not; so why start now?

I have found with people like Rushdoony, people either love him or hate him. And that is reflected usually by either their praise or disdain for his works. Its the same with Doug Wilson. While I have yet to read the work, I take this review in light of the fact you can find an equal or greater amount of good reviews for the same work other places online.
 
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Should you read the book? No. I disagree. The uprising in popularity in Theonomy and Christian Reconstructionism makes dealing with Rushdoony almost necessary. If anything to see from the horses mouth the arguments for the position he pretty much started. Of course one can be content with merely coming to their conclusions based off the conclusions of others; but I dont think many Christians do that in other spheres of Christian topic, controversial or not; so why start now?

I have found with people like Rushdoony, people either love him or hate him. And that is reflected usually by either their praise or disdain for his works. Its the same with Doug Wilson. While I have yet to read the work, I take this review in light of the fact you can find an equal or greater amount of good reviews for the same work other places online.

If someone comes across it cheap, then it might be worth having as a reference. I would not recommend someone spend $40 and a few months reading it. It is not worth that.

If someone wanted to read a standard RJR book, One and the Many is better. Some of his philosophical and historical analyses are wrong, but it is a more cogent work.
 
If someone comes across it cheap, then it might be worth having as a reference. I would not recommend someone spend $40 and a few months reading it. It is not worth that.

If someone wanted to read a standard RJR book, One and the Many is better. Some of his philosophical and historical analyses are wrong, but it is a more cogent work.
Maybe. But if we consider a single person going to the movies, and buying a popcorn and soda is already $30, $40 isnt really big balling. You cant even get 2 take-outs from Taco Bell now a days for less than $20.
 
Au contraire… my wife and I got out of there the other day for $9.69 total. Of course we always drink water, and did order off the $1 and $2 value menu…
Yeah, I like those spicy potato soft tacos they have for $1. Sometimes I go pick a few up usually when it is the only place in town left open that late.
 
I laugh and scoff at what passes for logic on this thread.

Why should I not rather refute this mess? Because this kind only comes out by prayer and fasting.
 
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I laugh and scoff at what passes for logic on this thread.

Why should I not rather refute this mess? Because this kind only comes by prayer and fasting.
English, please.

I thought I was very fair to RJR. I didn't even get into the parts where he called Calvin's and WCF's view of the law "heretical nonsense." Or paedocomunion.
 
Because this kind only comes by prayer and fasting.
Are you accusing someone in the thread of being demon-possessed with this (partial) reference, or flippantly using demon-possession as some kind of insult? Either one is inappropriate. Or am I misunderstanding your use of Christ's words? Please explain.
 
English, please.

I thought I was very fair to RJR. I didn't even get into the parts where he called Calvin's and WCF's view of the law "heretical nonsense." Or paedocomunion.
I thought you were fair too. I read it around 14 years ago and ended up with a fairly definitive shrug. It was put into the "found wanting" bin.
 
I received a copy of this book years ago as a present. Baptist that I was, I was edgy even holding it in my hand. Redeemed it on Amazon.
 
His view point on the death penalty is Biblical. That murder must be witnessed by two or three. If the individual is put to death and later found not to have committed murder and the witnesses were lying then their punishment is death.

________________________off topic_____________________
To me it seems a more sure way than DNA which can be made up. Yes the technology is there but as always the good can be used for evil. Some of God’s people in days past knew the evil that could come from photos. Television in the early days was not nearly as wicked as it is now. Is there anyone who uses internet that has never seen something that they can not unsee?

( I am out of my league posting on discussion boards. I am just saying what I remember please be kind to me)
 
His view point on the death penalty is Biblical. That murder must be witnessed by two or three. If the individual is put to death and later found not to have committed murder and the witnesses were lying then their punishment is death.

________________________off topic_____________________
To me it seems a more sure way than DNA which can be made up. Yes the technology is there but as always the good can be used for evil. Some of God’s people in days past knew the evil that could come from photos. Television in the early days was not nearly as wicked as it is now. Is there anyone who uses internet that has never seen something that they can not unsee?

( I am out of my league posting on discussion boards. I am just saying what I remember please be kind to me)

The death penalty for murder is the historic Christian position and is also demanded by natural law. Where RJR gets in trouble is saying the death penalty still holds for other crimes, whereas the NT practice seems different. That can be a problem for him because he doesn't believe some laws carry over, like the Sabbath.
 
Or take the virgin whose hymen is broken before her wedding night. She could have broken it in a number of ways, but since the father wouldn't have the proof of virginity, she *has* to be killed. I suggest we probably shouldn't enforce that law today.
 
His view point on the death penalty is Biblical. That murder must be witnessed by two or three. If the individual is put to death and later found not to have committed murder and the witnesses were lying then their punishment is death.

________________________off topic_____________________
To me it seems a more sure way than DNA which can be made up.
False testimonies can be given by witnesses and false testimony can be given under the auspices of DNA evidence. What is the diffence?
 
Or take the virgin whose hymen is broken before her wedding night. She could have broken it in a number of ways, but since the father wouldn't have the proof of virginity, she *has* to be killed. I suggest we probably shouldn't enforce that law today.
Sorry, I am not an expert in this stuff; but I just wonder why? Why should we not? Is it because God is being "too strict" or is it that we live in such a depraved age that this potentially being a capital offense hits too close to home, because many of us can imagine many of our daughters being potentially guilty, until the severity of such a crime once again quells the popular disregard for purity? Even more so in this age where medical science can probably pinpoint the cause to affirm a precise conclusion.

That looks like the only choice we have, is to say the laws of God are good, and just, and even abundantly merciful; or, say that God is too mean in his judgements. I am not trying to debate the issue to affirm or deny a position, as I am not well read in theonomy; it just seems like this is the only choice we have. Now finding which laws are applicable in the spirit of grace is one thing; but whatever they are it seems it cannot be at the conclusion that the Mosaic laws were not good, holy, and just; and not pertinent to establish and sustain a nation set apart for God.

1 Cor. 1:25
 
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Sorry, I am not an expert in this stuff; but I just wonder why? Why should we not?

For the reasons I just said:
1) We aren't entirely clear what the law is. Commentators have a good guess, but still only a guess. Does the girl give her father (who is presumably waiting outside) the bloody towel after they consummate the marriage? That's what most commentators say, but they why does the husband then appeal to the father for proof of virginity later on? Wouldn't he know then and there whether she bled or not? Before we kill someone for breaking a law, we need to understand what the law actually is.

2) Our understanding of anatomy is sharper today. There are a number of reasons why a young woman might not have an intact hymen although she is a virgin. Doesn't matter. By the strict standards of the law, she needs to die.

I suggest that life in the New Covenant might be a bit different since civil laws tied to the metaphysics of the land no longer apply.
 
For the reasons I just said:
1) We aren't entirely clear what the law is. Commentators have a good guess, but still only a guess. Does the girl give her father (who is presumably waiting outside) the bloody towel after they consummate the marriage? That's what most commentators say, but they why does the husband then appeal to the father for proof of virginity later on? Wouldn't he know then and there whether she bled or not? Before we kill someone for breaking a law, we need to understand what the law actually is.

2) Our understanding of anatomy is sharper today. There are a number of reasons why a young woman might not have an intact hymen although she is a virgin. Doesn't matter. By the strict standards of the law, she needs to die.

I suggest that life in the New Covenant might be a bit different since civil laws tied to the metaphysics of the land no longer apply.
"I suggest that life in the New Covenant might be a bit different since civil laws tied to the metaphysics of the land no longer apply."

Im not quite understanding what that means. Could you kind of "spell it out for me," if you have time.
 
"I suggest that life in the New Covenant might be a bit different since civil laws tied to the metaphysics of the land no longer apply."

Im not quite understanding what that means. Could you kind of "spell it out for me," if you have time.

It was the last part of the review. Ironically, Rushdoony actually comes close in his Systematic Theology on this topic. Israel's existence was tied to the land, and when, for example, the land was polluted by blood, Yahweh got personally involved. That seems obvious, but when you accidentally killed your best friend, you *had* to flee to the city of refuge. The kinsman of the slain, although he knew it was an accident, *had* to pursue you and try to kill you. Why? Because the land was stained with blood and it needed a covering. That is why you had to stay in the city of refuge until the high priest died. His death provided the covering. (And you can make parallels to Jesus today).

We don't have anything like that situation today. That's just one area where a strict application of civil laws almost necessarily fails.
 
The laws about the hymen, assuming that's what they are (and remember, we don't really know--another huge red flag in applying these laws) were designed to regulate order among a brutal existence. Letting whoredom be widespread would pollute the land (there's that theme again). One good way to regulate that was proof, however faulty at times, of virginity.
 
False testimonies can be given by witnesses and false testimony can be given under the auspices of DNA evidence. What is the diffence?
Right - no difference. A DNA tech who falsified a report would be just as much a false witness as an in-person one and worthy of the same penalty.
 
The book is a mixed bag. There is a lot of good material in it, mixed with much weird stuff. Even when I was more in agreement with the author than I am nowadays, I still had some serious issues with it. The Lutheran theologian, Johann Gerhard, who held the same view of the judicial law as William Perkins (the laws of common equity continue; the laws of particular equity have expired) has some really good arguments in his Theological Commonplaces against the type of over-continuity that RJR represents. Paradoxically, RJR's views of the Sabbath are a strange example of under-continuity with the Old Testament. Long story short, RJR's Institutes are an advertisement for why an accurate understanding of the three-fold division of the law is so important.
 
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