Friday, July 30, 2010

Positivist Law and Prophets

“The Old Testament records numerous cases in which rules adopted a theory that thousands of years later would be called substantive or positivist law. When that happened, a prophet stood ready to knowck on the king’s door and tell him that there was a law higher than himself, that he was the creature and not the creator. “Hence the state does not decide what is good or what is law,” says Ellul, “but the good and the law determine the action of the state.” Without recognizing that principle, all the procedural safeguards in the administration of justice—constitutions, ballots, court systems, and the like—end up serving evil.” (Herbert Schlossberg, Idols for Destruction, p. 208-209).

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