Law & Humanities Blog


Resisting the Evil State

Posted: 20 Apr 2011 07:51 AM PDT

Joel A. Nichols, University of St. Thomas School of Law (Minnesota) and James William McCarty III (Emory University) have published When the State is Evil: Biblical Civil (Dis)Obedience in South Africa in volume 84 of St. John's Law Review (2011). Here is the abstract.


How should Christians respond to an oppressive government regime? This question has vexed believers for centuries, including in the best known recent example of an "evil state": Nazi Germany. This Article explores the Christian response to the demands of the apartheid state in South Africa in the late 20th century.


This Article particularly focuses upon the way that Biblical text is used – both by the state and against the state. Specifically, governments and ruling Christians in power frequently appeal to Romans 13:1-7 and its command that Christians should submit to the governing authorities, for those authorities have been put in place by God. But disenfranchised, out-of power Christians often look instead to a theme of Biblical resistance to ungodly authority, following the example of Peter in Acts 5:27-30 where the Apostles insist that they must "obey God rather than men." These differing thematic responses to Scripture - submission vs. resistance, authority vs. liberation, order vs. renewal - have come into tension and conflict throughout church history.


The Article first explores the New Testament texts that speak to the relationship of Christians to the civil government.
It then provides a modern case study of the competing Biblical themes of submission versus resistance: In apartheid South Africa the ruling state explicitly called upon Romans 13 and those resisting the state overtly invoked Acts 5. (The Article assesses the use of scripture by the Kairos theologians, Beyers Naude, and Archbishop Desmond Tutu.) Finally, the Article offers some concluding reflections on what modern Christians can learn from the Biblical texts and the South African experience.Download the article from SSRN at the link.

Analogy and Metaphor in Law

Posted: 20 Apr 2011 07:47 AM PDT

Patrick S. O'Donnell, Santa Barbara City College, has published Analogy & Metaphor: An Idiosyncratic Introduction. Here is the abstract.


This essay is an idiosyncratic introduction to analogy and metaphor. It was previously posted in two parts respectively at the Ratio Juris and The Literary Table blogs by way of an introduction to my online bibliography at Ratio Juris for analogy and metaphor. The notes immediately follow each essay, and a list of "references and further reading" is appended to the end of the paper. The section on analogy is intended in part to provoke the interest of legal theorists, while the second half, on metaphor, is aimed at a broader audience although I hope it too will be of interest to legal theorists and philosophers of law. Both pieces no doubt betray their origins in blog posts, hence they are considerably less than polished, but comments to date were generous enough for me to make the inference that they deserve to be made more widely available.
Download the paper from SSRN at the link.
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