Navigating Divine, Human Laws and Judicial Activism: A Christian Perspective

The Origin of Our Law: Divine versus Human Foundations

Divine Law: Rooted in God's nature and revealed through Scripture: (Romans 13:1–2).

As Thomas Aquinas states, "The natural law is nothing else than the rational creature's participation of the
eternal law" (Summa Theologica, I-II, Q. 91, Art. 2).

According to Blackstone -

This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in
obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are
of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority,
mediately or immediately, from this original.

While there were many areas of conduct where the natural law was ‘indifferent’ and the human legislator
could pass such laws as were found to be convenient, continued Blackstone, no human legislator could
make right what God had willed to be wrong or make wrong what God had willed to be right. If a human
law required or allowed us to disobey the divine law, we were ‘bound to transgress’ the human law.

In discussing Blackstone's statement that human laws are of no validity if contrary to the laws of God, Austin
says: Now he may mean that all human laws ought to conform to the Divine laws. If this be his meaning, I
assent to it without hesitation. . . . Perhaps, again, he means that human lawgivers are themselves obliged
by the Divine laws to fashion the laws which they impose by that ultimate standard, because, if they do not,
God will punish them. To this also I entirely assent ....

Human Law: Established by human authorities to maintain order and justice. Blackstone notes, "Human
laws are those rules of civil conduct prescribed by the supreme power in a state" (Commentaries on the
Laws of England, Book I).

Man-made rules to govern civil society (Romans 13:3–7). St. Augustine wrote, “An unjust law is no law at
all” (lex iniusta non est lex).

2. Natural Law vs. Positive Law

Natural Law: Universal moral principles discoverable by reason. As Cicero asserts, "True law is right
reason in agreement with nature" (De Re Publica, III).

Positive Law: Laws enacted by human authorities. St. Augustine warns, "An unjust law is no law at all"
(De Libero Arbitrio, I).

SHOULD WE ENTRUST LAW MAKING PROCESS & POWER TO HUMANS – Positive Law and
Judicial activism

2 Corinthians 4:4 (ESV)

"In their case the god of this world has blinded the minds of the unbelievers, to keep them from seeing
the light of the gospel of the glory of Christ, who is the image of God."

Explanation: Paul explicitly calls Satan “the god of this world”, indicating his spiritual authority and deceptive
influence over humanity.

2. John 12:31 (ESV)

"Now is the judgment of this world; now will the ruler of this world be cast out."
Explanation: Jesus refers to Satan as “the ruler of this world,” though He foretells Satan’s defeat through
the cross.

3. John 14:30 (ESV)

"I will no longer talk much with you, for the ruler of this world is coming. He has no claim on me."

Explanation: Jesus again affirms that Satan holds a position of worldly power but also makes it clear that
he has no authority over Christ.

4. Ephesians 2:2 (ESV)

"...in which you once walked, following the course of this world, following the prince of the power of the air,
the spirit that is now at work in the sons of disobedience..."

Explanation: Satan is described as “the prince of the power of the air”, actively working in those who live in
disobedience.

5. 1 John 5:19 (ESV)

"We know that we are from God, and the whole world lies in the power of the evil one."

Explanation: John draws a sharp contrast between believers and the world under Satan’s sway.

6. Luke 4:5–7 (ESV)

"And the devil took him up and showed him all the kingdoms of the world in a moment of time, and said to
him, ‘To you I will give all this authority and their glory, for it has been delivered to me, and I give it to whom
I will. If you, then, will worship me, it will all be yours.’"

Explanation: Satan offers Jesus the kingdoms of the world, suggesting he had real, though delegated,
authority over them—Jesus doesn’t dispute this claim.

These verses collectively affirm that Satan exercises a temporary and limited rulership over the systems
and minds of this fallen world, until the full establishment of Christ’s kingdom at His return.

Would you like a theological explanation of how God's sovereignty coexists with Satan’s current rule?

Judicial Activism: Definition and Influencing Factors

Definition: Judicial activism occurs when courts interpret laws in ways that reflect their personal views, often
extending beyond the original intent of the legislation.

Influencing Factors:

Physiological States: Research indicates that judges' decisions can be influenced by their physical state.
For instance, studies have shown that judges are more likely to grant parole after a meal break than before,
suggesting that hunger and fatigue can impact judicial decisions.

Cultural and Societal Norms: Judges' interpretations can be shaped by prevailing societal values and
norms, leading to decisions that reflect contemporary beliefs rather than strict legal reasoning.

Food: White, E.G, 1905 in her book titled ‘Ministry of Healing’ at page 321 warned us when she stated
that “many of the diseases which afflict humanity are due to improper diet and overindulgence in rich foods.
The use of such foods leads to sluggishness, lethargy, and a lack of mental clarity. The powers of the mind
become clouded, and the spiritual faculties are darkened, leaving individuals susceptible to sin and error.”
In the same vein Proverbs 23:1-3 (RSV) states that, "When you sit down to eat with a ruler, observe
carefully what is before you, and put a knife to your throat if you are a man given to appetite. Do not desire
his delicacies, for they are deceptive food."

Emotional States: Emotions such as anger or stress can cloud judgment, leading to decisions that may
not align with the law's original intent.

Case Studies Illustrating Judicial Activism

Abortion Laws:

Homosexuality:
Should Christians Obey Human Laws Contradicting Divine Law?

Scriptural Guidance: Acts 5:29 states, "We must obey God rather than men," indicating that divine law
supersedes human law when in conflict.

Historical Precedents:

Daniel 3: Shadrach, Meshach, and Abednego refused to worship the golden image, choosing to obey God's
command over the king's decree.

Daniel 6: Daniel continued to pray to God despite a royal edict prohibiting it, demonstrating loyalty to divine
law.

Conclusion: A Christian's Legal Responsibility

Adherence to Divine Law: Christians are called to uphold God's commandments above human laws,
especially when the latter contradict the former.

Engagement in Legal Systems: While obeying divine law, Christians should also engage in legal systems
to advocate for just laws that align with moral principles.

Advocacy for Justice: Christians are encouraged to be active in promoting justice, mercy, and truth within
society, ensuring that both divine and human laws reflect God's righteousness.