07 March 2020

The Dynamics and Ethics of Lawbreaking (Part 1)


In recent articles I have discussed questions of persecution and punishment, of those who suffer as a result of the gospel versus those who are answering for their lawbreaking which is all too often rooted in political activism.


Generally speaking the New Testament is clear in its call to obedience and submission, for Christians to obey the laws of the land. We all know there are points where the law must be disobeyed and yet in these increasingly Libertarian times there is a great deal of confusion about the former point, the call to submission and obedience. This is further confused by the post-Enlightenment Liberal heritage concerning rights, democracy and the like, concepts that are not only absent in the New Testament but actually (in many cases) are in opposition to its ethics.
We may refuse and thus break a law but this is not because of 'rights'. The New Testament doesn't cast our ethics or relationship to the state in terms of rights, social contract or concepts such as limited power. On the contrary Paul penned his famous and yet much misunderstood passage in Romans during the reign of Nero. The same is true of Peter and Christ's teachings in the gospels take place under Tiberius an emperor who may indeed shine when compared to the likes of Nero, but was nevertheless a cruel and immoral tyrant.
How then are we to discern these questions in the modern world, under modern frameworks?
First, the assumptions of Classical Liberalism must be dispensed with. Again, this is not about rights, concepts of citizenship and citizen-rights vis-à-vis a Constitution written by flawed and fallen men. We live under these laws and can appeal to them when put under strain by corrupt rulers who would harm us but we cannot use these (otherwise immoral) frameworks to assert power, intimidate others or even protect our wealth and property. The Christians who argue to the contrary and embrace political combat and actual violent resistance are in sin and stand condemned by the Scriptures. The New Testament calls us to a life and ethic that stands in contrast to this. I realise that many struggle with such concepts. Their allegiance and affection with regard to the state and/or cultural narratives mold their thinking and many have (on a Sacralist) basis contrived theological schemes that support this way of thinking. It's nothing new and it's not easy to get people to see through these issues.
Like Paul in Acts we can employ shame as we call out and expose corruption and yet our motives are not political or rooted in retribution. Paul sought no redress or compensation. He shamed them and walked away. In another instance he appealed to the law in order to deflect torture and as discussed elsewhere his appeal to the court of Caesar was a tactical move to prevent certain assassination and a show trial and on a theological-strategic level it was part of a larger narrative in which he the apostle to the Gentiles was destined to go to Rome... and the fact that he would enter the city in chains was especially poetic and Christ-like to Paul.
While on the one hand I argue that we're called to anti-power, to submission, obedience, humility and by implication a degree of poverty, there are moments when we are certainly called upon to 'break the law'.
The first instance is in reference to what I would call the Bestial Line. If the state has fully embraced its bestial tendency and claims prerogatives that belong only to God and would enforce those prerogatives, mandating idolatry as it were... then we must disobey.
Again this is confused by many. Some have all but deified the US Constitution and thus when they perceive that it's being violated they would accuse said state government or federal administration of 'turning beast' and they think that they not only ought to disobey but in some cases are compelled to do so.
Let's be very clear. The US Constitution is not the standard. It's not of Divine origin. It's not inspired and many of its concepts are patently un-Christian. In one sense it's a good document in terms of fallen humanity. In another sense, it's rooted in false philosophical assumptions and destined to produce a broken order and wickedness. If you can't understand this, then you'll never be able to work through these issues.
Constitutional law is also complicated. In one sense the document has relevance. In another it's been dead for generations. To put it another way, it has changed and ever changes. The document is vague on certain points. Whether this was deliberate or not can be debated. Regardless, the powers that be are ordained by God. And to what degree they pay lip service to the Constitution (or dispense with it altogether) doesn't really matter.
I find it ironic that those on the Right who push for the fiction of Originalism are at the same time so eager to support someone like Donald Trump who has no regard for the document and repeatedly tramples it. In the end, even they reveal it's all about politics and their view of the Constitution (especially on certain issues) is a malleable as that of their Democratic opponents.
The Bible is our standard for wrestling with such questions and it tells us that we're not engaged or entangled in the politics of this age. That said, we live within political entities and polities and must interact with them. And so when the state (regardless of its polity, claimed or otherwise) crosses the bestial line and begins to mandate and compel idolatry, we must disobey.
This isn't about unfair taxes, the seizure of guns or even of property. The state has the 'right' (so to speak) to do those things and we're called to obey. Many Christians chafe at this and without realising it are in fact chafing against Paul's plainly spoken declaration in Romans 13. Once again the passage isn't about an idealised limited state. Hardly. It's a call to faith and a submission to Providence, something Western Liberal Christianity has a real problem with.
Nowhere are we called to resist tyranny. But we are to bear witness and speak truth, not in a political sense but in the sense of revelatory-prophetic truth-telling, warning and proclamation of the gospel. This will at times be perceived as political by a bestial state that seeks total obedience, control and devotion. At that point, we're living under a monstrosity and we will have a hard row to hoe. We will suffer and many will need to flee.
When the state starts seizing such power, we best pay attention and warn, but we're never called to fight. And fighting begins long before swords are taken up. Politics is a form of fighting as is the utilisation of the judiciary which is a form of proxy swordplay. These things are forbidden to us and we have nothing to do with them. Both Christ and the apostles make this very clear and yet the sacralist impulses which drive and motivate mainstream Christianity not only fail to understand this point, they utterly reject it. For in acknowledging it, their project all but collapses.
The best example of this is found in Daniel. When the Babylonian king commanded the worship of the idol, Daniel's friends refused and rightly answered the king in saying they would not do it and thus faced the fire. God delivered them but makes no such promise to us.
Likewise, Daniel rejected the ungodly decree concerning prayer issued by the Persian ruler. No one asserted rights or resorted to political argument or judicial appeal. They simply refused. This is our pattern.
In Acts the disciples did not contest with the Sanhedrin when prohibited to preach. They did not run to the Roman procurator or the courts. They did not employ Jewish lawyers to make a case for them. They simply refused.
When the state tries to regulate the worship of the Church we must refuse. Of course the Church has largely bowed to the state on this point and in order to receive tax breaks they have allowed the state a say in everything from polity, to finances and even how we must arrange our meeting spaces. Once again, this way of thinking needs to be dispensed with.
The state has absolutely no jurisdiction when it comes to the Church, the Kingdom of Christ. The state cannot claim prerogative over our children. We are covenantally bound to raise them in the fear and admonition of the Lord... a point further confused by many Evangelical assumptions... and thus we cannot hand over our children to the state-educational temple for eight hours a day to be indoctrinated. We must refuse. We can submit to their paperwork and financial disadvantage (another point Christians are wrong to resist and agitate against) and yet we will not hand over our kids. What's happening in countries like Norway and Germany are indeed cases of persecution... but the debates are often confused by a mix of theological principle and Western Liberal assumption and argument.
Please note when I draw a parallel between the Church and the Kingdom, this point also presents difficulties, for many have erroneously redefined the Biblical concept of Kingdom into a larger category that includes the culture. And thus, the line regarding the state's jurisdiction and prerogatives is confused. While such sacralists may not like state intrusion the truth is they actually embrace the concept of state intrusion into the affairs of the covenant, the Church and family. They simply want it to be them who are in control.
We disobey when the state calls us to commit idolatry. We will not be compelled to venerate the flag. We will not be compelled to sing hymns to the state and glorify its wars. We will not be compelled to swear oaths (pledge allegiance) to the state and its system.
We pay our taxes, obey the laws, show deference to office holders and otherwise (in civic terms) mind our own business and quietly work with our hands, refusing to entangle ourselves in the affairs of this life. These are the teachings of the New Testament written under the tyranny that was the Roman Empire.
This is a rejection of the libertarian ideal, the nationalist ethos and certainly the citizenship values of the middle class. We live as pilgrim-subjects and throughout history there have been many polities happy to have such people populating its shores. Quiet, hard-working productive people who aren't engaged in political agitation? Many a magistrate is happy to have such people within his borders.
And yet for those governed by the bestial or sacralist impulse (for they are closely related), such a state of affairs is an abomination. All must 'join' the social project and give of all their time and energy to it. They must sacrifice their ideals, energies and even their children to this ideal. They must be willing to give their lives in war and more importantly kill others for the ideal.
This, the ethos of mainstream Christianity, the governing impulse behind apostate Evangelicalism is antithetical to New Testament Christianity and all who would be faithful to Christ must reject it.
So apart from calls to idolatry and/or a mandate to engage in what is clearly sin, when are we called upon to disobey the law?
We can disobey (in a limited sense) when it's a matter of survival and in reference to the gospel. The latter is of course related to the former question but here I will place it in a slightly different context.
First, the question of survival. If we break the law, again it must be understood in a non-revolutionary non-political context. We break the law to eat, to feed our hungry children. It's not to maintain a middle class life, or to flourish on our property or feed our dreams of success and autonomy. It's a desperate move, one we engage in begrudgingly and with no small degree of apprehension.
For example I know of contractors that refuse to be licensed and refuse to obey labour laws because they believe such legislation is anti-Constitutional and thus bestial. They may not put it in these exact terms, but this is what they're getting at. And so, they pay 'under the table', refuse to be licensed and thus obviously are uninsured and do not interact with building and zoning departments.
If caught they will face fines, possible court orders, tax penalties and in many cases they will likely be sued by homeowners who will as a result face their own set of fines and troubles for having work done that is reckoned illegal in the eyes of the state.
Are these laws just? Is this system fair? Is it constitutional?
It doesn't matter. This is the system we live under. In terms of my own work I restrict my activity and suffer a degree of loss in deliberately keeping my business as simple and basic as possible. Since I loathe the state bureaucracy and business entanglements I turn away work and keep things very simple. I will sometimes avoid work in certain municipalities that I know to be a headache. My time and stress level are more important to me than the prospect of making more money.
These Christians who have turned outlaw on this point are wrong. That said, it's not hard to envision a day in which it becomes all but impossible to operate a small business. In many sectors the Wal-Mart effect (for want of a better term) crushes small business. In the construction sector, as well as farming and other occupations you have to attain a certain size to be viable. Otherwise you can't make the numbers work. In that case you either fail or turn outlaw-underground and in avoiding the system you can make the math work out.
I feel the pain of the people who do this and like I said I wrestle with it on a nearly constant basis. I have sympathies for the argument that says we live in a society in which we're all lawbreakers. Every time you step out of your house you're probably committing a felony. What kind of society is that? It's a racket. I was reminded of that once again the other day as I sat down to do my taxes.
I've shared the story before but I'll briefly tell it again. Many years ago I briefly worked for UPS at a distribution centre. It was intense physical work, unloading trailers packed to the ceiling with boxes and at other times loading the brown delivery vans all Americans are familiar with. It was a very fast paced job. You were told at the beginning that an error, putting a box on the wrong shelf for example would result in a 'write-up' and after three write-ups you would be terminated.
Given that we were literally handling thousands of boxes every shift it seemed impossible that mistakes wouldn't be made. And indeed they were and within a few weeks and after handling thousands of boxes, I had my third write-up. I expected to be fired but it didn't happen. In fact I was being promoted up the chain because I worked very hard and did well. I was clearly one of the popular workers. So what was the write-up narrative about?
It's little more than labour insurance for the company. Once they have you written up three times they can fire you on that basis should they want to do so. They don't want to fire you for things that you could dispute, things that might make you seek a lawyer or file for unemployment compensation. In other words it was a game, a largely empty threat (that was filed away) but a trump card that could be pulled out if they wanted to use it.
Is this dishonest paradigm any different than our society? I don't think so. The state can clamp down on you if it wants to and we're all 'guilty' of something. Law enforcement can always find something that you've done. Such a state is a racket, a dishonest and unjust form of government.
But so what? It doesn't concern us. That said, how seriously should we take it? Should I obey the speed limit? I should but if I'm driving on I-79 outside of Pittsburgh or on the New Jersey Turnpike and I'm going slower than 75, I'm actually a danger to other drivers who are going 85 or faster. In one sense an argument could be made that it's safer and perhaps more 'loving to your neighbour' to go with the flow, so to speak. And yet in terms of the law, that's a dangerous statement to make.