Law as a Christian Career

In my last article, I addressed the dangerous fallacy that politics is dirty and Christians should not be active in it. I would like to encourage the Church – and especially home-schooling families – to reevaluate another career/service path that has been much maligned over the past decades. That profession is the practice of law.

Lawyers in our society are often seen as blood-sucking leeches, chasing ambulances and creating victims out of every possible situation in order to line their own pockets. Tort law, that aspect of the legal code that deals with civil suits rather than criminal prosecution, was designed under a completely different culture than we have today. That culture was one characterized by honesty, virtue, and basic Christian morals. The fact that multi-million dollar settlements, medical malpractice, and huge class-action law suits are becoming more and more common is an indication that our legal system has lost its way. Now, even our state governments are jumping on the bandwagon through lawsuits against tobacco companies, gun manufacturers, and the like.

As a foundation, two comments must be made before continuing in defense of the legal profession as an honorable career path for Christians.

1. Civil suits (tort law) are an integral part of our legal code and have been a part of every significant common law system comprising our legal and judicial heritage. There can be no reasonable argument against the need for this aspect of law within our society.

2. Payment for services of any kind is only right, so we cannot begrudge a lawyer being paid a fee for his services – even a fairly significant fee – because his skills are specialized and market forces sets legal fees at a higher rate than, for example, a plumber. However, the regular practice of a lawyer getting paid by taking a percentage of the settlement or award given to the plaintiff is a relatively new concept. This new development has created a situation whereby arguing for more money on behalf of the client, the lawyer stands to make more money. This may seem on the face to be a good thing, but we will see that the goal of tort law is to find a just and righteous solution to disputes between individuals or groups. To link a lawyer’s compensation to the reward is to create an incentive for the lawyer to be driven by greed instead of by his desire for justice.

Tort law under common law systems was argued primarily by the people involved. In Norse cultures, these suits were brought before the elders of the various tribes at the ting, an annual gathering of tribes from a relatively large geographical region for the purpose of socializing, marrying, and conducting commercial / inter-tribal negotiations. These suits were often argued by the persons involved, but sometimes backed up by a representative whose oration skills were honed for this purpose. This “counselor” could be seen as a precursor to our modern attorneys. However, those representatives, as well as the elders who judged, were not originally compensated for their efforts in deciding a case. Rather, this was simply seen as a necessary part of their service to their tribes and to the broader Norse community.

In common law cultures, the ultimate goal of these “lawsuits” was to find the right, or just, solution to the issue. This should come as no surprise since common law cultures and human governments were ordained by God after Noah’s flood and have been in place since.

Genesis 9:6 – Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man.

This instituted the first distinctly human government. If you remember, when Cain murdered Abel, God Himself set his punishment and marked him as an outcast. Here, God ordains that man begin to govern himself and his own society. Only through some system of witnesses and evidence can it be established that a murder has occurred and who committed it. Then, there must be an authority among the given tribe or community that is charged with executing the judgment. This example deals with criminal law, but we see that God’s Law to Israel was filled with tort law examples as well.

What does God say about the purpose of human government, specifically with relation to the enforcing of laws and judgment of lawsuits?

Deuteronomy 16:18-20 – Judges and officers shalt thou make thee in all thy gates, which the LORD thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment. Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous. That which is altogether just shalt thou follow, that thou mayest live, and inherit the land which the LORD thy God giveth thee.

Deuteronomy 25:1 – If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.

II Chronicles 19:5-7 – And he set judges in the land throughout all the fenced cities of Judah, city by city, And said to the judges, Take heed what ye do: for ye judge not for man, but for the LORD, who is with you in the judgment. Wherefore now let the fear of the LORD be upon you; take heed and do it: for there is no iniquity with the LORD our God, nor respect of persons, nor taking of gifts.

Lest we believe that this purpose and the obligation to human government and the law were somehow limited only to Israel, we see that the New Testament upholds God’s purpose for human government as well as our continuing obligation to be obedient to just laws.

Romans 13:1-4 – Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.

I Peter 2:13&14 – Submit yourselves to every ordinance of man for the Lord’s sake: whether it be to the king, as supreme; Or unto governors, as unto them that are sent by him for the punishment of evildoers, and for the praise of them that do well.

What predominant themes exist in God’s establishment of human government? First, its main purpose is to protect and promote justice. Second, the responsibility before God of those who would be lawyers and judges is very great. Third, Christians should obey righteous laws because the human government is ordained of God and acts as ministers of God, even if they are not themselves Christian. Let us look at each of these themes in more detail.

God ordained human government to promote justice. What is justice in this context? Is it simply an adherence to whatever written laws exist at a certain time or within a given society? We cannot interpret the Bible to mean that by any means. Rather, executing justice is an exercise whereby the truth of a situation is determined and then held up against God’s laws. That comparison then reveals which party is righteous and which should be condemned. There may be times where this decision is clear and easy to see, but many instances will require great wisdom and understanding of Biblical principles to know what is the righteous path. There can also be times when the righteous path does not condemn either party, but finds a just compromise. However, the end result of properly executing judgment is to please God’s sense of righteousness. This ultimate goal can be seen in the Apostles’ response to the Pharisees when ordered to keep silent about the Gospel of Jesus Christ.

Acts 5:29 – Then Peter and the other apostles answered and said, We ought to obey God rather than men.

The Scriptures given above clearly show that those involved in the practice of law are held directly responsible by God for its justness or unjustness. This leads us directly into the second theme, which is that judges and lawyers hold a position of great responsibility and that they answer directly to God for the discharge of their duties in that regard. In the days of Israel, the king was the supreme judge of the land. Though he had princes and rulers under his command who dealt with many matters, he was the final decision in all “court” cases. In fact, the idea of holding court comes from this principle that the king held court at certain intervals to hear the pleas, requests, and complaints of his people.

Let us see what God expects from this highest court in the land:

Isaiah 32:1 – Behold, a king shall reign in righteousness, and princes shall rule in judgment.

Pr 16:10 A divine sentence is in the lips of the king: his mouth transgresseth not in judgment.

Pr 20:26 A wise king scattereth the wicked, and bringeth the wheel over them.

Pr 29:4 The king by judgment establisheth the land: but he that receiveth gifts overthroweth it.

Psalm 99:4 – The king’s strength also loveth judgment; thou dost establish equity, thou executest judgment and righteousness in Jacob.

We see a prayer for Solomon in the Psalms that he might fulfill this righteous
duty:

Psalm 72:1-4 – Give the king thy judgments, O God, and thy righteousness unto the king’s son. He shall judge thy people with righteousness, and thy poor with judgment. The mountains shall bring peace to the people, and the little hills, by righteousness. He shall judge the poor of the people, he shall save the children of the needy, and shall break in pieces the oppressor.

We also find passages that explicitly detail the consequences of unrighteous judgment upon the land, as well as God’s ultimate answer to the ruler or judge who declares such unjust judgments.

Isaiah 10:1-4 – Woe unto them that decree unrighteous
decrees, and that write grievousness which they have prescribed; To turn aside the needy from judgment, and to take away the right from the poor of my people, that widows may be their prey, and that they may rob the fatherless! And what will ye do in the day of visitation, and in the desolation which shall come from far? to whom will ye flee for help? and where will ye leave your glory? Without me they shall bow down under the prisoners, and they shall fall under the slain. For all this his anger is not turned away, but his hand is stretched out still.

Proverbs 28:15 & 16 – As a roaring lion, and a ranging bear; so is a wicked ruler over the poor people. The prince that wanteth understanding is also a great oppressor: but he that hateth covetousness shall prolong his days.

Those who have the power to make laws, as seen in Isaiah 10:1, as well as those execute judgment, as in Isaiah 32:1, are held up to God’s standards by God Himself. God blesses or curses a nation in many ways and for many reasons. One way the He creates blessing or cursing is by who He ordains to be in governmental leadership. However, even if a given ruler is not placed in power by God as a direct blessing or curse, the ruler’s actions can still bring down God’s mercy or wrath upon the entire nation.


The final point derived from the Scriptures instituting government and reaffirming its place in the New Testament era is that Christians are obligated to obey the powers that God has ordained. We will not spend much time on this point as it is outside of this discussion to a large extent. However, it is worth pointing out that Scripture defines human law as a subset of God’s law. This is why the Apostles had every right in God’s eyes to defy the law of the Jewish rulers and continue preaching. Legal theorists and commentators over the past several centuries have alternately called this “Natural Law” or “Divine Law”. Our founding fathers leaned heavily on this principle that God Himself endows individual humans with certain rights and responsibilities. The government may abridge those rights, but to do so is tyranny and in direct contradiction to God’s will. Thus, we have the quote from Blackstone that I have referenced before:

"This law of nature, being coeval with mankind and dictated by God himself, is of course superior in obligation to any other - It is binding over all the globe in all countries, and at all times; no human laws are of any validity, if contrary to this: and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original." (emphasis added)

To summarize, God expects human government to mirror His laws. Where there is a contradiction, God’s Law must reign supreme. As Christians, we have a duty to portray God’s Law in our lives, even when that goes against our government’s current laws. We should be vocal, as our forebears were, when our God-given rights are abridged and our government attempts to overstep its God-given authority. However, we must be mindful of a lesson I learned as a child, and that I believe should be continually taught to our children. That is, if you are going to complain about something, but have done nothing to try to change the situation, then you are the one who is wrong. Maybe one’s complaint is valid, but one must take responsibility for those things over which we can exert even a small amount of control. Abdicating our responsibility is not a viable option. We have done so as Christians since the late 19th century, and it cannot continue if we would preserve our liberty and serve God as we should.

One way in which we can engage a system that should be righteously upholding justice, but instead is full of corruption and deceit, is to become lawyers and judges. To train ourselves and our children in the Biblical theories of law and jurisprudence. To step into the battle and be unashamed of our Biblical foundation. To boldly proclaim the traditional, American principles of natural / Divine law and God-given rights rather than state-given rights. To call out into the open those lawyers and judges whose behavior is displeasing to God, thus bringing wrath upon our country. All of this must be done with the grace and truth demonstrated by our Lord Jesus.

To learn more about a career in law, I would encourage you to check out Vision Forum’s Witherspoon School of Law and Public Policy. Also, Hillsdale college and Patrick Henry college are good places to start, especially for an undergraduate degree that lays a solid foundation for law school. As Christians finally start to re-engage with our society, both culturally and politically, I believe God will raise up more and more law schools across our land that hearken back to the legal theories of our founders rather than the current wicked and corrupt doctrine of legal positivism (relativism). If you know of any such programs other than what I mentioned, please add a comment to let others know.