Abstract
This essay argues in favour of Martin Luther subscribing to the theory of natural law in his theology. An in-depth study of Luther’s views on natural law finds support for Brown’s thesis that Luther’s contribution to the tradition of natural law cannot be taken to form the basis of the theory of divine right prominent in the seventeenth century. Without venturing into the debate on natural law versus legal positivism, it is found that the perspective emanating from Luther’s natural law theory has an important political message for mankind as a whole in its implicit warning against positivistic and legalistic perspectives on law because these are apt to lead to confusion, relativism and historicism. Man, according to Luther’s view, therefore, has to revert to more fundamental principles (or values), representative of “ideal,” “good,” or “true,” norms for testing manmade law. The more specific implications of Luther’s views on natural law for Christians concern an eschatological vision of Christians’ involvement and work in God’s creation. This vision concerns man’s divine appointment to hold office and promote peace in society, and to contribute humbly towards God’s involvement in societies suffering from the effects of legalism or torn apart by conflict.
Highlights
In his article “Martin Luther: a Natural Law Theorist?”, Harvey Owen Brown (1987:13-25) convincingly shows that Martin Luther did espouse a theory of natural law and that his contribution to the tradition of natural law cannot be taken to form the basis of the theory of divine right prominent in the seventeenth century (Brown, 1987:22)
The theory of the divine right of kings was a basis of legitimacy for the personal powers of aristocrats, which right was bestowed by God on a particular man to rule by his own will (Brown, 1987:22)
Augustine’s synthesis of reason and will in the concept of Christian love. This view implies that neither man’s reason nor his will is most fundamental in understanding and interpreting the precepts of natural law, but rather the principles of neighbourly love as embedded in Scripture.[1]
Summary
In his article “Martin Luther: a Natural Law Theorist?”, Harvey Owen Brown (1987:13-25) convincingly shows that Martin Luther did espouse a theory of natural law and that his contribution to the tradition of natural law cannot be taken to form the basis of the theory of divine right prominent in the seventeenth century (Brown, 1987:22). Brown’s arguments in refuting the interpretations of the divine right of kings of Luther’s political and legal theory are bolstered further by an investigation into Luther’s espousal and development of the. Did Luther’s development of the Pauline-Augustinian concept of spiritual moral law represent a novel contribution to natural law thinking; it represented a more practical guide for rulers to know, interpret and enforce the precepts of natural law, because, as Ebeling (1963:71, 75) says, law for Luther is an “existential category” which sums up the theological interpretation of a human being as it is. This essay focuses on some of the ontological, epistemological and anthropological implications of Luther’s unique development of the idea of the spiritual moral law of love in the Reformational tradition of natural law theory
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