Alright, if we are going to talk about laws for this proposed Christian State, then we should probably look to St. Augustine's axiom,
lex iniusta non est lex ("an unjust law is no law at all"); and thus we must make ensure just laws and not unjust ones.
Which compels us immediately to ask "what is justice?"; and since our standard for justice is to be found in God's justice, we should turn to ask ourselves what is God's justice, what is it biblically?
For that, let's turn our focus to the first chapter of St. Paul's letter to the Romans, verses 16-17,
"For I am not ashamed of the gospel, for it is the power of God for salvation to everyone who believes, to the Jew first and also to the Greek. For in it the justice of God is revealed from faith for faith, as it is written, 'The just shall live by faith.'" - Romans 1:16-17
This is St. Paul's thesis statement for the entire epistle to the Romans, and it provides us necessary information: God's justice is that justice revealed in the Gospel through faith, that is, God's justice is that justice by which we are justified by grace.
To quote Dr. Luther,
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Meanwhile in that same year, 1519, I had begun interpreting the Psalms once again. I felt confident that I was now more experienced, since I had dealt in university courses with St. Paul's Letters to the Romans, to the Galatians, and the Letter to the Hebrews. I had conceived a burning desire to understand what Paul meant in his Letter to the Romans, but thus far there had stood in my way, not the cold blood around my heart, but that one word which is in chapter one: 'The justice of God is revealed in it.' I hated that word, 'justice of God,' which, by the use and custom of all my teachers, I had been taught to understand philosophically as referring to formal or active justice, as they call it, i.e., that justice by which God is just and by which he punishes sinners and the unjust.
But I, blameless monk that I was, felt that before God I was a sinner with an extremely troubled conscience. I couldn't be sure that God was appeased by my satisfaction. I did not love, no, rather I hated the just God who punishes sinners. In silence, if I did not blaspheme, then certainly I grumbled vehemently and got angry at God. I said, 'Isn't it enough that we miserable sinners, lost for all eternity because of original sin, are oppressed by every kind of calamity through the Ten Commandments? Why does God heap sorrow upon sorrow through the Gospel and through the Gospel threaten us with his justice and his wrath?' This was how I was raging with wild and disturbed conscience. I constantly badgered St. Paul about that spot in Romans 1 and anxiously wanted to know what he meant.
I meditated night and day on those words until at last, by the mercy of God, I paid attention to their context: 'The justice of God is revealed in it, as it is written: "The just person lives by faith."' I began to understand that in this verse the justice of God is that by which the just person lives by a gift of God, that is by faith. I began to understand that this verse means that the justice of God is revealed through the Gospel, but it is a passive justice, i.e. that by which the merciful God justifies us by faith, as it is written: 'The just person lives by faith.' All at once I felt that I had been born again and entered into paradise itself through open gates. Immediately I saw the whole of Scripture in a different light. I ran through the Scriptures from memory and found that other terms had analogous meanings, e.g., the work of God, that is, what God works in us; the power of God, by which he makes us powerful; the wisdom of God, by which he makes us wise; the strength of God, the salvation of God, the glory of God.
I exalted this sweetest word of mine, 'the justice of God,' with as much love as before I had hated it with hate. This phrase of Paul was for me the very gate of paradise. Afterward I read Augustine's 'On the Spirit and the Letter,' in which I found what I had not dared hope for. I discovered that he too interpreted 'the justice of God' in a similar way, namely, as that with which God clothes us when he justifies us. Although Augustine had said it imperfectly and did not explain in detail how God imputes justice to us, still it pleased me that he taught the justice of God by which we are justified." -
Internet History Sourcebooks
Now here is the justice revealed through the Gospel, the justice by which God renders sinners just by His grace, through faith which God graciously grants to us and creates in our hearts by the Gospel (Romans 10:17, Ephesians 2:8).
In light of this, God's Law which cannot justify sinners, but only condemn them, is not a tool used against others, but rather is the mirror which we ourselves must gaze into to behold ourselves as the true, naked, helpless beggars that we are.
We are without anything of merit before God. It is by the justice of God revealed in the Gospel, imputed to us through faith, that renders us just by justifying us. For here Christ is our righteousness (1 Corinthians 1:30).
The Law also, for us, serves as a guide on how we ought to conduct ourselves. And so here is probably where the matter of laws comes into play: laws which are faithful to God's Law in its exercise in how we conduct ourselves in relation to all our neighbors and, indeed, with God's creation.
And so to that end, we must take as our standard of just conduct the Commands of Jesus Christ.
So let's look at that,
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Blessed are you who are poor, for yours is the kingdom of God.
Blessed are you who weep now, for you shall laugh.
Blessed are you when people hate you and when they exclude you and revile you and spurn your name as evil, on account of the Son of Man. Rejoice in that day, and leap for joy, for behold, your reward is great in heaven, for so their fathers did to the prophets.
But woe to you who are rich, for you have received your consolation.
Woe to you who are full now, for you shall be hungry.
Woe to you who laugh now, for you shall mourn and weep.
Woe to you, when people speak well of you, for so their fathers did to the false prophets.
But I say to you who hear: Love your enemies, do good to those who hate you, bless those who curse you, pray for those who abuse you. To one who strikes you on the cheek, offer the other also, and from one who takes away your cloak do not withhold your tunic either. Give to everyone who begs from you, and from one who takes away your goods do not demand them back. And as you wish that others would do to you, do so to them.
If you love those who love you, what benefit is that to you? For even sinners love those who love them. And if you do good to those who do good to you, what benefit is that to you? For even sinners do the same. And if you lend to those from whom you expect to receive, what credit is that to you? Even sinners lend to sinners, to get back the same amount. But love your enemies, and do good, and lend, expecting nothing in return, and your reward will be great, and you will be sons of the Most High, for He is kind to the thankless and the wicked. Be merciful, even as your Father is merciful.
Do not judge, and you will not be judged; do not condemn, and you will not be condemned; forgive, and you will be forgiven; give, and it will be given to you. Good measure, pressed down, shaken together, running over, will be put into your lap. For with the measure you use it will be measured back to you." - Luke 6:20-38
We also know that, in God's dominion, the least is greatest, the last is first, and the greatest is the slave.
As such we must have laws that first and foremost uplift the lowly, social safety nets, and a deeply robust welfare system that protects and lifts up the poor, the hungry, the thirsty, the naked, the stranger, and the oppressed.
Further, retaliation is forbidden, Jesus says in Matthew 5:23-24 that if there is any anger between two, that it is a higher obligation to make amends than to bringing offering to the altar. As such courts of retaliation must not exist; but systems of reconciliation. Accused and accuser must come together, and in a spirit of peace make amends, finding forgiveness with one another. For there is no longer an "eye for an eye and a tooth for a tooth", if one strikes us on the one cheek we must turn to offer the other one as well.
So retaliatory judgments cannot be exercised by the courts of this state; but rather the court exists to help provide mending of wounds--social wounds.
Whoever seeks vengeance, even through a court of law, violates the command of Christ who calls us to forgive, to turn the other cheek, and to shut up the opportunity of anger in our heart.
This does place some pretty heavy limits on such a state.
In such a hypothetical Christian State, for example, there is no place for a military, though there is a place for healing and compassion to be worked out. A Christian State could not, for example, retaliate if attacked by a foreign power; since such a State is obligated by the commandments of Christ our God.
There is no room for the sword in such a state, even though St. Paul in Romans 13 says that the state wields the sword against evil, this refers to the Pagan States, such as Pagan Rome. A Christian State cannot wield the sword, since it is a
Christian state. It can no more wield the sword than it can offer worship to idols. For Christ forbids the carrying of arms when He tells His disciples to knock it off when they take his sword-carrying statement too literally, and rebukes Peter for using the sword, "All who live by the sword will die by the sword". Jesus has no use for the sword, He is instead the One who bends down to heal the cut ear of the soldier who has come to arrest Him.
A Christian state must be a place of peace, not the sword. With laws of social uplift for the weak, the poor, and the disadvantaged. As such, the overwhelming tax burden--and there should be a lot of taxes since such a Christian state and nation cannot have an ethos of selfish individualism, but rather compassionate communitarianism--as such the tax burden falls upon those who can afford it more than those who cannot. And, since it is a Christian state it cannot punish when taxes are not paid, as the Lord's Prayer has taught us to forgive sins and debts against us even as our sins and debts are forgiven. Thus no one can be held in debt; there is instead forgiveness of debts.
I feel like I could continue, but I suspect this post is already far too long.
-CryptoLutheran