Home
/
RELIGION & LIBERTY ONLINE
/
Protestants and Natural Law, Part 4
Protestants and Natural Law, Part 4
Jul 5, 2025 11:29 AM

In Part 3, we examined why many contemporary Protestants have something of a bad conscience when es to natural law. But, of course, the blame for this cannot be laid fully upon Karl Barth. Even a hint of a fuller explanation has to address intellectual currents that begin to gather momentum in the so-called Enlightenment. One popular explanation within the academic mainstream for the demise of the natural-law tradition in modern Protestant theology attributes it to a form of implosion. And this is what I want to take up here.

Why did the natural-law tradition fall on hard times in modern Protestant theology? Many have speculated that the reason somehow lies deeply embedded in the Reformation theology of Martin Luther and John Calvin. However, John T. McNeill, the Reformation historian and editor of Calvin’s Institutes, reached a far different conclusion:

There is no real discontinuity between the teaching of the Reformers and that of their predecessors with respect to natural law. Not one of the leaders of the Reformation assails the principle. Instead, with the possible exception of Zwingli, they all on occasion express a quite ungrudging respect for the moral law naturally implanted in the human heart and seek to inculcate this attitude in their readers. Natural law is not one of the issues on which they bring the Scholastics under criticism. With safeguards of their primary doctrines but without conscious resistance on their part, natural law enters into the framework of their thought and is an assumption of their political and social teaching. . . . The assumption of some contemporary theologians that natural law has no place in pany of Reformation theology cannot be allowed to govern historical inquiry or to lead us to ignore, minimize, or evacuate of reality, the positive utterances on natural law scattered through the works of the Reformers. . . . For the Reformers, as for the Fathers, canonists, and Scholastics, natural law stood affirmed on the pages of Scripture.

The pressure to abandon the teaching of natural law did not stem from the Reformation so much as from post-Enlightenment philosophy, especially Humean empiricism, utilitarianism, and legal positivism.

The post-Enlightenment era can be characterized in terms of a loss of belief, not only in special divine revelation through Scripture and church teaching, but also in the ability of reason to discern a natural moral order in human affairs. These losses e visible in Europe and North America after 1850 and prepare the way for law to e an instrument of power. With the eclipse of natural law, positive law lost its transcendent moorings and soon came to be an instrument of the totalitarian state. Appeals to “higher law” were dismissed as relics of the past, and moral questions were reduced to legal decisions. With the collapse of the religious and metaphysical foundations of justice, the totalitarian state could now manipulate law as a mere function of absolute power. This is the meaning of the famous statement by Lord Acton: “Power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority; still more when you superadd the tendency or the certainty of corruption by authority.” Thus there was no other criterion of validity for the law than the will of those who had the monopoly of force.

The twentieth century has paid a high price in legalized atrocities and crimes against humanity. After World War II, for a brief moment in the wake of the Nuremberg trials, Protestant theologians and ethicists seemed to entertain the idea of a “baseline morality” that all people could be said to know and thus be responsible for. But they were in a quandary about natural law, and found it difficult to move beyond Barth’s objections. Carl Braaten captures well the ambivalence of Protestant theologians during this period: “Natural law came to be seen as a kind of necessary evil, or as an illegitimate child that could not pletely abandoned but whose rights must be severely restricted.”

In Part 5, we will shift our focus slightly and address the two mon Protestant criticisms of natural law.

This has been cross-posted to my blog on natural law, Common Notions.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Landmark Human Trafficking Case Concludes With $14 Million Settlement
While sex trafficking gets a lot of attention in the media, labor trafficking is actually mon. It largely affects middle-aged men, most of whom are looking for ways to support themselves and their families. Often faced with overwhelming poverty, these men make ill-informed and risky choices, hoping that what they are being told by potential employers is true. In a landmark case, a Gulf pany, Signal International, has been ordered to pay $14 million in damages to men they had...
Florist Chooses Conscience Over Settlement
Last year Washington State’s Attorney General sued Arlene’s Flowers & Gifts on the basis of consumer protection. Florist Barronelle Stutzman had refused to sell flowers to a long time customer when the arrangements were to be used for a same-sex marriage ceremony. Although Stutzman did not have any qualms about serving serving gay customers, she “didn’t want to be involved in a same-sex marriage.” “I just put my hands on his and told [the customer who made the request] because...
Religious Activists Push Back Against ‘Blunt Instrument’ of Fossil Fuels Divestment
Your faithful correspondent last week exposed the fossil-fuel divestment endgame of religious shareholder activists. As You Sow President Danielle Fugere sees her group’s activities as awareness-raising exercises for climate change, but AYS’s alignment with environmentalist and divestment firebrand Naomi Klein suggests they’d settle for nothing less than nationalizing panies. This week, I’m happy to report another group frequently called to task in this space, the Interfaith Center on Corporate Responsibility, opposes the AYS divestment onslaught. Reporting in last week’s Wall...
Women and the Academy Awards
Patricia Arquette’s passion is fabulous, says Elise Hilton in this week’s Acton Commentary, but she’s wrong on economics: Ms. Arquette’s passion is fabulous, and I’m sure that’s what makes her a great actor. But she’s wrong on economics. The “women make 23 cents less than men” canard is far less accurate than Arquette thinks it is. Women are more likely to work part-time, to choose careers that pay less but offer more flexibility in scheduling (such as teaching) and often...
Economic Freedom Isn’t Enough
We know that, for economies to thrive, people must be free to start their own businesses without taxing regulations, that free trade must be the de facto means of doing business, and that cronyism and corruption must be eradicated. But that’s not enough. At the Institute for Faith, Work & Economics, blogger (and former Acton intern) Elise Amyx says we have to have human flourishing as well. Economic freedom is only ponent of human flourishing. We should think about it...
Hostility Towards Religion Continues To Grow In America
Liberty Institute, a legal organization in Plano, Texas, has released the report, “Undeniable: The Survey of Hostility to Religion in America, 2014 Edition,” featuring more than 1,300 cases of religious hostility, persecution and/or Constitutional violations of rights in the United States. According to the report, Hostility to religion in America is still growing. Because religion is so vital to a free and well-ordered society, our goal is to expose and document this growing hostility to help Americans confront and reverse...
Death And Redemption In Ukraine
Bohdan Solchanyk was not a materialistic young man. He did not seek worldly pleasures, but rather took delight in his studies, his fiancee, his faith. What Bohdan wanted -what they both wanted – was live in the Ukraine with dignity and freedom. Bohdan’s dream died last week at a peaceful protest against the government, where he and 80 others were “brutally shot and killed by government snipers in the central square of the capital of Ukraine, as the world’s TV...
Worldwide Flight From Family Is Killing Us
In the 1970s, Paul Ehrlich tried to warn us: human beings were in trouble. We were reproducing so rapidly, Ehrlich opined, that millions of us would soon be starving. Ehrlich got one thing right: we are in trouble. But he pletely wrong about overpopulation. Today, just the opposite is true. There aren’t enough of us human beings. And a lot of people are seriously disinterested in making more. Nicholas Eberstadt calls this the “flight from family.” All around the world...
Why is NYC Discriminating Against Churches?
New York City owns almost 1,200 public school buildings that sit empty on nights and weekends. To earn some extra e, the city rents out the empty schools to tens of thousands munity groups for any meetings that might be of interest to munity: Boy Scouts, drama clubs, labor unions senior citizen groups, etc. In 2011 alone, the NYC issued over 122,000 permits for using the schools. But there is one group that is forbidden from using the facilities: churches....
What Patricia Arquette Should Have Said About the Wage Gap and Women’s Rights
During last night’s Oscar ceremony, Best Supporting Actresswinner Patricia Arquette used her acceptance speech to rail against unfair pay for women: To every women who gave birth to every taxpayer and citizen of this nation, we have fought for everybody else’s equal rights. It’s our time … to have wage equality once and for all and equal rights for women in the United States of America. The wage equality that Arquette is referring to is the gender wage gap—the difference...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved