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Natural Law: a Lutheran Reappraisal

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Natural Law: a Lutheran Reappraisal Natural Law A Lutheran Reappraisal General Editor Robert C. Baker Editor •Roland Cap Ehlke © 2010 Concordia Publishing House s a Catholic, I found it fascinating to read these fine essays and “listen in” A on a conversation about natural law conducted by an outstanding group of Lutheran scholars. The authors consider such topics as whether there really is a natural human capacity to identify and affirm valid moral norms, and whether belief in a moral law accessible to unaided reason is compatible with an acknowledgment of the devastating impact of sin on the human intellect as well as the human will. Lutherans will benefit from reading these essays, but so will everybody else. Robert P. George McCormick Professor of Jurisprudence Princeton University atural law was a common idea among the Reformers and their heirs. NThere has been some fledgling reconsideration of this heritage in recent years in my own Reformed tradition, and it is very encouraging to see similar discussions taking place among Lutherans. Natural Law: A Lutheran Reappraisal helpfully wrestles with natural law from various historical and theological angles and also explores its relevance for several important social and ecclesiastical controversies of the present day. These essays on natural law—some enthusiastic, some cautious, others skeptical—are a wonderful contribution to the literature and should help to stimulate important conver- sations about this perennial issue for years to come. David VanDrunen Robert B. Strimple Professor of Systematic Theology and Christian Ethics Westminster Seminary California od’s law is written in two ways and two places: not only in the words Gof revelation, but in our being, for we are made in God’s image. For a long time, many Christians neglected or even denied this insight because of the mistaken idea that if the image of God can be obscured by sin, then for all practical purposes there is no natural law. How ironic, and how deadly to our common witness, that this common ground among all human beings, this universal prologue to the Gospel, should have become a battleground among Christians themselves. Catholic myself, I rejoice to see the rekindling of reflec- tion on natural law among Lutherans, and I look forward to many interesting conversations. J. Budziszewski Professor of Government and Philosophy University of Texas at Austin © 2010 Concordia Publishing House About This Painting In Europe, it is still not uncommon to see portraits of Martin Luther and Philip Melanchthon together, as in this 1543 double portrait by Lucas Cranach the Elder (1472–1553). Formerly, such portraits were frequently displayed in churches and homes. After Luther’s death, and no doubt due to the loss of his strong, persuasive influence, Melanchthon’s willingness to compromise became even more appar- ent. Nevertheless, without the collaboration of Luther, Melanchthon, and many others, including countless faithful lay men and women, the Reformation as we know it today would not have been achieved. It should be no surprise, then, that both Luther and Melanchthon are depicted• together beneath the saving cross of Jesus Christ, above the Wittenberg Castle Church doors where in 1517 Luther had nailed his Ninety-five Theses. And we should also not forget that Luther and Melanchthon are buried not far from each other at the entrance to the choir of the same church, both waiting for that joyful day when Christ will return and bring all believers—both living and dead—into eternal life. © 2010 Concordia Publishing House Copyright © 2011 Concordia Publishing House 3558 S. Jefferson Ave., St. Louis, MO 63118-3968 1-800-325-3040 • www.cph.org All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Concordia Publishing House. Unless otherwise noted, Scripture quotations are from the ESV Bible® (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway Bibles, a publishing ministry of Good News Publishers. Used by permission. All rights reserved. Quotations marked KJV are from the King James or Authorized Version of the Bible. Unless otherwise indicated, the quotations from the Lutheran Confessions are from Concordia: The Lutheran Confessions, second edition; edited by Paul McCain, et al., copyright © 2006 Concordia Publishing House. All rights reserved. Unless otherwise indicated, the quotations from Luther’s Works in this publication marked AE are from Luther’s Works, American Edition (56 vols. St. Louis: Concordia, and Philadelphia: Fortress Press, 1955–1986). Glossary adapted from Lutheran Cyclopedia: A Concise In-Home Reference for the Christian Family. Copyright © 1954 by Concordia Publishing House. All rights reserved. Selections from the “Foreword” are from J. Daryl Charles, Retrieving the Natural Law © 2008 Wm. B. Eerdmans Publishing Company, Grand Rapids, Michigan. Reprinted by permission of the publisher, all rights reserved. The HebraicaII font used to print this work is available from Linguist’s Software, Inc., PO Box 580, Edmonds, WA 98020-0580, USA; telephone (425) 775-1130; www.linguistsoftware.com. Cover painting: akg-images Cover photos: ©iStockphoto.com Manufactured in the United States of America _________________________________________________________________________ Library of Congress Cataloging-in-Publication Data Natural law : a Lutheran reappraisal / general editor, Robert C. Baker editor, Roland Cap Ehlke. p. cm. ISBN 978-0-7586-2733-9 1. Natural law. 2. Natural law—Religious aspects—Lutheran Church. I. Baker, Robert C. II. Ehlke, Roland Cap. K460.N3465 2011 241'.2—dc22 2010046558 _________________________________________________________________________ 1 2 3 4 5 6 7 8 9 10 20 19 18 17 16 15 14 13 12 11 © 2010 Concordia Publishing House Contents Contributors ix Abbreviations for Documents in the Book of Concord xi Foreword—J. Daryl Charles xiii Preface xix Natural Law and Early Lutheran Tradition 1. A Lutheran Affirmation of the Natural Law Carl E. Braaten 3 2. What Is the Natural Law? Medieval Foundations and Luther’s Appropriation Gifford A. Grobien 17 3. Luther’s Pragmatic Appropriation of the Natural Law Tradition Thomas D. Pearson 39 4. Natural Law in the Lutheran Confessions Roland Ziegler 65 5. Natural Law and the Orders of Creation Armin Wenz 79 Natural Law and Later Lutheran Tradition 6. Friedrich Julius Stahl: A Lutheran’s Rejection of Natural Law Jacob Corzine 99 7. After Barth: Three Lutheran Appraisals of Natural Law John T. Pless 117 8. Natural Law, Human Sexuality, and Forde’s “Acid Test” Robert C. Baker 135 © 2010 Concordia Publishing House 9. Natural Law and the ELCA Marianne Howard Yoder and J. Larry Yoder, STS 157 10. Natural Law in an African Context Carl E. Rockrohr 179 Natural Law and Contemporary Issues 11. The aturalN Law of the Family Ryan C. MacPherson 201 12. Natural Science, Natural Rights, and Natural Law: Abortion in Historical Perspective Korey D. Maas 221 13. Natural Law: A Basis for Christian-Muslim Discourse? Adam S. Francisco 235 14. According to Nature, Adiaphora, and Ordination Albert B. Collver III 249 15. A Way Forward? Continuing Conversations on Natural Law Matthew E. Cochran 267 Glossary 282 Study Questions 290 Index of Scripture 299 Index of the Lutheran Confessions 302 © 2010 Concordia Publishing House Contributors Rev. Robert C. Baker (LCMS) received his MDiv at Concordia Seminary, Saint Louis, Missouri, and is pursuing an MS degree in health care ethics at Creighton University, Omaha, Nebraska. Rev. Dr. Carl E. Braaten (ELCA) is professor emeritus of systematic theology at the Lutheran School of Theology in Chicago, Illinois, and is the former director of the Center for Catholic and Evangelical Theology. Mr. Matthew E. Cochran (LCMS) received his MA at Concordia Theological Seminary, Fort Wayne, Indiana. Rev. Dr. Albert B. Collver III (LCMS) is director of church relations and assistant to the president of The Lutheran Church—Missouri Synod. Mr. Jacob Corzine (LCMS) received his MDiv at Concordia Theological Seminary, Fort Wayne, Indiana, and is a PhD candidate at Humboldt University, Berlin, Germany. Dr. Adam S. Francisco (LCMS) is associate professor of history at Concordia University, Irvine, California. Rev. Gifford A. Grobien (LCMS) is assistant pastor of Emmaus Lutheran Church in South Bend, Indiana, and is a PhD candidate at the University of Notre Dame, Notre Dame, Indiana. Rev. Dr. Korey D. Maas (LCMS) is associate professor of theology and church history at Concordia University, Irvine, California. Dr. Ryan C. MacPherson (ELS) teaches courses in American history, the history of science, and bioethics at Bethany Lutheran College, Mankato, Minnesota. Dr. Thomas D. Pearson (ELCA) is associate professor of philosophy at the University of Texas—Pan American, Edinburg, Texas. ix © 2010 Concordia Publishing House Rev. Prof. John T. Pless (LCMS) is assistant professor of pastoral min- istry and missions at Concordia Theological Seminary, Fort Wayne, Indiana. Rev. Dr. Carl E. Rockrohr (LCMS) is assistant professor of religion at Concordia University, Ann Arbor, Michigan. Rev. Dr. Armin Wenz (SELK) is pastor at St. John’s Lutheran Church and serves as guest professor at Lutherische Theologische Hochschule, Oberursel, Germany. Rev. Dr. J. Larry Yoder, STS (NALC) is professor of religion at Lenoir- Rhyne University, Hickory, North Carolina, and pastor of Grace Evangelical Lutheran
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