Scott
Puritan Board Graduate
Brett:
Those are great questions. I don't think it is a matter of one trumping the other. I am a lawyer and so I deal with this kind of stuff regularly and I am familiar with it in other contexts.
Our legal system has a heirarchy of laws. The US Constitution is on top. Federal statutes are below. Then we have state statutes. That is in a nutshell the legal relation between the constitution and statutes.
Now, not everyone agrees with what words of the Constitution and statutes mean. We could respond in a couple of ways. We could say, well each individual needs to decide for himself what the statutes mean. That would lead to chaos. We might have a statute that says "If you injure someone because of you negligent driving, you must recompense the injured person." Say, a driver is not watching the road (chaging his radio) and hits someone. Is this negligent? The driver would probably say no, everyone changes their radios sometimes. The injured person would likely say yes, the driver should keep a proper lookout.
Anyway, if each individual decides the meaning of the word "negligent," then there is an impasse.
Another option is to have a court system resolve the issue. That is what we do. That is what God has left the church, too, in the way of councils and the like (see Acts 15).
That does not mean that church councils are infallible anymore than courts are infallible. Yet, they are better equipped typically than individuals. They also are necessary to resolve disagreements.
The existence of a court does not "trump" the statute (although it might seem that way to the losing litigant) anymore than an individual making a decision about the meaning of a statute "trumps" the statute. It is simply a question of radical individualism over community. Which entity resolves disgareements about the meaning of the statute, which all agree is the highest standard.
Scott
Those are great questions. I don't think it is a matter of one trumping the other. I am a lawyer and so I deal with this kind of stuff regularly and I am familiar with it in other contexts.
Our legal system has a heirarchy of laws. The US Constitution is on top. Federal statutes are below. Then we have state statutes. That is in a nutshell the legal relation between the constitution and statutes.
Now, not everyone agrees with what words of the Constitution and statutes mean. We could respond in a couple of ways. We could say, well each individual needs to decide for himself what the statutes mean. That would lead to chaos. We might have a statute that says "If you injure someone because of you negligent driving, you must recompense the injured person." Say, a driver is not watching the road (chaging his radio) and hits someone. Is this negligent? The driver would probably say no, everyone changes their radios sometimes. The injured person would likely say yes, the driver should keep a proper lookout.
Anyway, if each individual decides the meaning of the word "negligent," then there is an impasse.
Another option is to have a court system resolve the issue. That is what we do. That is what God has left the church, too, in the way of councils and the like (see Acts 15).
That does not mean that church councils are infallible anymore than courts are infallible. Yet, they are better equipped typically than individuals. They also are necessary to resolve disagreements.
The existence of a court does not "trump" the statute (although it might seem that way to the losing litigant) anymore than an individual making a decision about the meaning of a statute "trumps" the statute. It is simply a question of radical individualism over community. Which entity resolves disgareements about the meaning of the statute, which all agree is the highest standard.
Scott