The Tide is Turning
A Report on the 2008 Witherspoon School
by Lael Weinberger, June 18, 2008
The law of the LORD is perfect, converting the soul: the testimony of the LORD is sure, making wise the simple. The statutes of the LORD are right, rejoicing the heart: the commandment of the LORD is pure, enlightening the eyes. (Psalm 19:7-8)
It has been over 100 years since the American legal profession as a whole abandoned the Law of God. For the first 250 years of American history, beginning at Jamestown in 1607, the consensus on law in America was that it must be subject to God’s standards. By the late nineteenth century, leaders of the legal elite not only did not believe that laws should reflect the will of God, they did not believe that God existed.
Today, I see signs that the tide is turning. One of the most noteworthy of these encouraging signs is the Witherspoon School of Law and Public Policy. The Witherspoon School is an intensive week of studying the law from a presuppositionally Christian perspective. More than five years ago, I was introduced to the Witherspoon School when my parents bought a set of audio recordings of Witherspoon lectures. Listening to these outstanding messages from Doug Phillips, Roy Moore, Joe Morecraft, and others made a deep impression on me, impacting my understanding of law, of theology, and of my own life work. In 2005, my father took my brother and me to attend Witherspoon in person, which was an excellent experience for us.
I was recently privileged to return to attend the 2008 Witherspoon School, held in historic Fredericksburg, Virginia. Gathered there were one hundred men from across the nation — attorneys, law students, businessmen, pastors, fathers and sons — with one thing in common: They were men with a vision for reclaiming the field of law and public policy for the glory of God. At the 2008 Witherspoon School, the Scriptures were opened, history was studied, and some of the most significant legal issues of our time were powerfully addressed.
The Theology
If one could take only one message home from Witherspoon, it would be that God’s Word applies to every area of life. Witherspoon 2008 began with a series of important foundational lectures by Doug Phillips that furthered this core theme. “Epistemology for Lawyers” is a subject that you will not likely hear discussed anywhere else, but here, Mr. Phillips explained clearly that we must be biblical at the very foundation of our knowledge. All too many people believe that there are neutral areas of life where it does not really matter what our religious views are, but this is a myth. There is no possibility of neutrality. Mr. Phillips explained, “Religious commitment in law is inescapable because all men have an object of worship — and it will be either the creature or the Creator.” God is sovereign over all of life, and this is the foundation for a Christian approach to law, as it is for every other discipline.
Another way of framing this basic issue is in terms of the question, “By what standard?,” Mr. Phillips noted. By what standard can we tell right from wrong, recognize good law from bad law, or recognize the proper limits of state, church, and family jurisdictions? The only correct answer can be, by the standard of God Himself, which He has revealed to us in His Word, the Bible.
There are certainly areas of controversy as to how this plays out, though. One of the most important messages at Witherspoon this year dealt with one of these foundational controversies: What is the proper foundation of Christian jurisprudence, positive law, natural law, or biblical law? Theologian and pastor William Einwechter took on this important controversy, carefully defining and explaining these various views of law and providing biblical critiques. Whatever elements of God’s truth may be preserved in any legal philosophy, the bottom line remains that God’s revealed word is the only perfect standard, as Mr. Einwechter underscored:
The Christian jurisprudence theory view looks to the Word of God. The laws that men make in carrying out their dominion responsibility of government are only valid if they conform to the revealed will of the sovereign of heaven and earth, the Lord God, Jesus Christ, the Holy Spirit.
The History
At Witherspoon, the faculty recognizes that if we are going to have the maximum possible impact for the kingdom of God, we have to understand history. History always must be evaluated in light of God’s Word, and that is why theological foundations come first. But if we neglect to understand history, we will be constantly reinventing the wheel, rediscovering truths the hard way and repeating errors constantly when we could have learned from history and made so much more progress. That’s why this year’s Witherspoon attendees took historical journeys to understand the Reformation, the Puritans, and the Founding Fathers.
First, everyone was treated to hearing a historical and biblical exposition of the Constitution from John Eidsmoe, an attorney, Air Force colonel, law professor, and historian. Col. Eidsmoe’s grasp of the history and the law helped us understand the founders and made the Constitution come alive with its original meaning (a perspective quite different from what modern liberals mean when they talk about a “living Constitution”!) “What we need is not a living Constitution that changes with the times,” Col. Eidsmoe observed. “We need an enduring Constitution.”
The Honorable Howard Phillips gave us a timely study on the Constitutional method of choosing the president, explaining the wisdom underlying the Electoral College. In the process, he challenged the audience to develop a better understanding of American history as he quizzed us on the constitutional provisions governing the process and challenged us to list the twentieth-century presidents who won without a majority of the popular vote. (It was quite a list: Wilson, Truman, Kennedy, Nixon, Clinton, and Bush!)
Later, Doug Phillips took us a step further back in history to the Reformation, and, specifically, to John Calvin, and gave a thrilling overview that uncovered the providential thread that ran from Calvin’s biblical theology to the American Puritans’ legacy onto John Witherspoon himself as he signed the Declaration of Independence.
Mr. Phillips pointed out that next year is a year of important anniversaries: the 150th anniversary of the publication of Darwin’s Origin of Species, the 200th anniversary of Darwin’s birth, and the 500th anniversary of Calvin’s birth. The contrast between the two men could not have been sharper. According to Darwin’s philosophy, law evolves, and man is the highest authority; tyranny, eugenics, and racism have all relied on this foundation. By contrast, Calvin’s legacy was to recognize God’s Law as over everything, the foundation for limited government, and appropriate respect for man as made in God’s image.
In the course of his substantial, one-and-a-half hour presentation, Mr. Phillips barely had time to scratch the surface. Yet it was certainly enough to leave everyone with a renewed appreciation for the impact of the Scriptures on the Western legal tradition as well as the debt we owe to John Calvin in particular for his contributions. And it is only to our own detriment if we fail to learn from and draw upon this rich legacy.
Today’s Hot Topics
What I love about Witherspoon is that when the most controversial current legal issues are addressed there, it is always in light of, first, the theology that provides us standards; and second, the history that provides us perspective. And there was no shortage of controversial issues discussed at Witherspoon 2008!
Roy Moore, former chief justice of Alabama, reminded us of the importance of acknowledging God in the public square. Dr. Jerome Corsi exposed the attack on the American borders that is occurring under the auspices of the trilateral Security and Prosperity Partnership. Larry Pratt gave a timely update on the status of the right to keep and bear arms. Jordan Lorence brought an up-to-the-minute report on the battle for biblical marriage. Joshua Carden explained the minefield of internet defamation. And Bob Renaud gave a sweeping overview of the doctrine of church autonomy, a crucial issue for churches and attorneys.
At the very end of the conference, Don Hart presented what I thought was one of the most hard-hitting presentations of the week when he addressed parental rights and the social work establishment. Using the recent Texas polygamy fiasco as a springboard, Mr. Hart explained the great potential for misuse and abuse of power that exists in the various child protection agencies of the fifty states, emphasizing the fact that such misuse happens all too regularly. He articulately explained the dangers, the abuses, and a basic biblical and legal principle: The state cannot infringe the jurisdiction of the family except when there is actual criminal activity taking place. When there is criminal activity, the state still must follow due process. “This is not just a Texas problem. It is a problem of which we all have to be aware — not paranoid, but aware. As loving fathers, as statesman, as attorneys, we have to be on guard.” I came away from the presentation with the belief that this issue is going to be one of the most important legal issues to face the American family in the years to come.
Strategic Relationships
When all was said and done, and the men of Witherspoon 2008 headed for home, we left with an enormous amount of valuable information that had been communicated. Yet that was only part of the picture: As outstanding as the lectures were, the fellowship and interaction were equally important. Students and faculty engaged in hearty question and answer sessions. Issues that were mentioned in the lectures of one evening were often fleshed out in conversation over breakfast the next morning. Questions on how to apply the Law of God to specific issues of civil government stretched long into the night. Iron sharpened iron. Strategic relationships were forged. This is the essence of a Hebrew discipleship vision: Not only do we learn facts, but we form relationships; we integrate truths into our very lives. In so doing, the crucial elements for cultural reconstruction and dominion are forged.
It was a real encouragement to me to be with so many men who, whether law is their profession or not, are students of God’s Law. I firmly believe that the handful of men arising now who truly understand how to apply God’s Law to civil government are pioneers who have the potential to be mightily used by God for reclaiming the legal profession for His glory. I thank God for the Witherspoon School and the role it is playing in furthering this great work. I trust we shall see great fruits in the years to come from this important training program. The domination of humanism in the field of law has lasted long enough. The tide is turning.