Introduction
By the very nature of the concept of justice proper, there can be no variation from place to place or time to time. Murder is murder whether in Babylon, Israel, Russia, or America. Murder is murder whether in 2020 B.C. or 2020 A.D. The applications of justice can and do change since cultures and circumstances change, but the principles do not.
Sometimes people divide Old Testament law into three categories: moral law, civil law, and ceremonial law. This is helpful if we understand each one correctly, but it can also tie us in knots if we are not careful. Specific laws may expire or be fulfilled, but we don’t want to find ourselves in a position where we are saying that justice has changed, or that the eternal law of God was revised. God does not change, and therefore transcendent justice never budges.
The General Equity of Israel’s Civil Law
The Westminster Confession of Faith states in Chapter XIX, “Of the Law of God,” section IV: “To them [Israel] also, as a body politick, he gave sundry judicial laws, which expired together with the state of that people, not obliging any other now, further than the general equity thereof may require.” The classic text often referenced to explain what this means is: “When thou buildest a new house, then thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence” (Dt. 22:8). This judicial law from the Israelite law code is a specific application of the principle: “Thou shalt not kill” (Ex. 20:13). The application of this principle of justice is specifically a fence around the roof of your house. That particular application has expired with the state of Israel as a nation. But the judicial principle is based on the sixth commandment. This is what is meant by the “general equity” of Israel’s law – the principles of justice that were not tied to a particular culture or historical context. A just modern application of this case law would be laws requiring railings around balconies and fences around swimming pools and liability for harm that results from failure to do so.
Ceremonial Law
The ceremonial laws were shadows of Christ’s sacrifice and priestly service: “For the law maketh men high priests which have infirmity; but the word of the oath, which was since the law, maketh the Son, who is consecrated forevermore… there are priests that offer gifts according to the law: who serve unto the example and shadow of heavenly things… But now hath he [Jesus] obtained a more excellent ministry…” (Heb. 7:28, 8:4-6). “For the law having a shadow of good things to come, and not the very image of those things, can never with those sacrifices which they offered year by year continually make the comers thereunto perfect” (Heb. 10:2). “Wherefore the law was our schoolmaster to bring us to Christ, that we might be justified by faith. But after that faith is come, we are no longer under a schoolmaster” (Gal. 3:24-25). While all of the law functioned as a schoolmaster to bring us to Christ, it is the ceremonial law in particular that has grown up into Christ. We are no longer under the ceremonial law because the full reality of Christ’s sacrifice and service is now in effect. But notice that the principles of the ceremonial law are still in effect. The need for cleansing and sacrifice and a priestly intermediary has not disappeared, rather, we have the fullness of that cleansing and sacrifice and mediation in the priestly ministry of Christ.
We can generally distinguish ceremonial law from civil law where there is no judicial penalty given. As we have seen previously, judicial penalties are carried out by judges and include stripes, restitution, exile, and execution. Ceremonial law simple prohibited drawing near in worship, but most “uncleanness” was cleansed by a simple washing. More persistent uncleanness could require being put outside the assembly, or outside the camp. And high-handed disregard for ceremonial cleanliness had the most serious penalty of being cut off from the people (Gen. 17:14, Lev. 7:20ff), the Old Testament equivalent of excommunication. Again, notice the ancient roots of separation between the governments of church and state. This was not invented during the Enlightenment; it is a Judeo-Christian heritage.
The Moral Law
Most Christians have always understood the moral law to be the Ten Commandments. The one exception is that some Christians believe that only those moral laws that are expressly restated in the New Testament are still binding. They often argue that the fourth commandment is the only commandment not explicitly restated. The problem with this is that Jesus expressly says the opposite: “Think not that I am come to destroy the law, or the prophets: I am not come to destroy but to fulfill. For verily I say unto you, till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled. Whosoever therefore shall break one of these least commandments, and shall teach men so, he shall be called the least in the kingdom of heaven, but whosoever shall do and teach them, the same shall be called great in the kingdom of heaven. For I say unto you, that except your righteousness shall exceed the righteousness of the scribes and pharisees, ye shall in no case enter into the kingdom of heaven” (Mt. 5:17-20). Therefore, the fourth commandment cannot be considered retired.
There is also a philosophical problem with saying that some part of the moral law can change. Is the moral law capricious or arbitrary? Did God just make up rules randomly? Or is the moral law a direct reflection of the nature and character of God? The historic orthodox position is that the law reflects God’s eternal, unchanging character: “For I am the Lord, I change not…” (Mal. 3:6). “Jesus Christ the same yesterday, and today, and forever” (Heb. 13:8). Hell is based on a fixed standard, not a moving target. At the same time, we do not mind acknowledging that there were sometimes ceremonial elements attached to moral laws. For example, the particular ceremonial application of the fourth commandment was a seventh day sabbath with particular ceremonial regulations (sacrifices, work regulations), including the sabbath years and jubilee. Those particular ceremonial elements have been fulfilled in Christ, and that is what Paul is insisting on when he says that we are not to let anyone judge us for whether we keep sabbaths or festivals or new moons (Col. 2:16). Likewise, the unique ceremonial character of the seventh day has passed away, and we need not reckon one day above the rest ceremonially (Rom. 14). As wisdom requires, Christians may rest and worship on whatever day is available to them, once every seven days. Nevertheless, the moral component of one day of rest and worship every seven days remains in force, and given the fact that Jesus rose from the dead on the first day of the week, it is most fitting to do so on the Lord’s Day. And it is good and right for Christian nations to acknowledge that, as our constitution does in giving the president Sundays off while considering whether or not to sign a congressional bill.
Natural Law
The term “natural law” has sometimes been used in somewhat muddled ways, verging on a belief that non-Christians may come to salvation without Jesus or the Bible. But the Bible teaches that because of sin, while everyone knows that there is a God, they suppress the truth in unrighteousness and no one seeks after God on their own initiative (Rom. 1:18, 3:11ff). At the same time, the Bible teaches that all men are made in God’s image and retain a marred but true image of God after the Fall (Gen. 1:27). the Bible also teaches that the heavens declare the glory of God (Ps. 19:1). In fact, when David considers creation, he says it is talking constantly about its Creator in every language (Ps. 19:1-6). The Psalmist goes on to insist that what creation is talking about generally is God’s perfect law found in Scripture (Ps. 19:7-11).
Paul summarizes this point: “For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead; so that they are without excuse: because that, when they knew God, they glorified him not as God, neither were thankful; but became vain in their imaginations, and their foolish heart was darkened” (Rom. 1:20-21). So there is enough light in nature for a man to be culpable, but not enough light for a man to be saved. The image of God is still present, but it distorts and rejects God’s clear word in nature.
This doesn’t mean natural law is not binding or of no effect: Paul says, “Doth not nature itself teach you, that, if a man hath long hair, it is a shame unto him? But if a woman have long hair, it is a glory to her: for her hair is given her for a covering” (1 Cor. 11:14-15). And so it’s striking that many elements of God’s law still permeate even pagan cultures: differences between sexes, marriage, laws against murder, theft, etc. So God’s common grace restrains the worst impulses of fallen men, and at various points highlights truth, goodness, and beauty. Natural law is nothing other than what has been clearly explained in Scripture, but some, not having Scripture, do keep some semblance of God’s law since they are made in the image of God and live in His world (Rom. 2:14-15).
Conclusion
The “general equity” of the civil law, the moral law, and natural law are essentially the same thing derived from different sources, but all reflecting the eternal, unchanging character of the Triune God. If it was “just” for some rebellious sons to receive the death penalty in ancient Israel, you cannot say that it would no longer ever be just. Did that law answer to God’s character or not? At the same time, reading the entire Bible reveals that only murder required the death penalty; for the others, the death penalty was a maximum penalty.
Because of fallen nature, the Bible is our answer key to natural law – we always want to check our answers there. But natural law is still binding and authoritative to all men. You cannot say that you do not believe in logic, biology, or gravity and last very long in this world. And Christians cannot think of natural law as optional (since we have the Bible). No, natural law gives us language, logic, and biology which the Bible everywhere assumes. We must not retreat from the objectivity of truth anywhere. This is God’s world.