A Christian anarchist perspective on the role of the Church in judicial work : adjudication, dispute resolution and judgements
Christian anarchists reject the State (and all its archist offices) as being anti-thetical to justice and Law. They believe that the Church obediently works to end the slavery of the State, as part of its overall Gospel mission of reconciliation and setting captives free, being assured of the ultimate victory of the Lord Jesus Christ over the principalities and powers that hold the world in thralldom. The Church works towards justice and the rule of Law, which necessarily does not allow for States or coercive rulers (archons). Having so recognized the primacy of Law (which, for most purposes, may be equivalently characterized as either natural or divinely revealed, i.e. Mosaic), what ought to be the Christian anarchist position on how the Church must approach the work of justice (i.e. judicial work), in an anarchist polycentric private law society? The following is an outline of ideas that will be developed more fully later, along with the Scriptures that inspire them, from the OT story of the priest Jethro and from the Apostle Paul's disappointment in and admonishment to the Corinthian church, in the NT.
The Church has largely abdicated the work of judicial adjudication, and this has contributed, at least to some degree, to the growth of the modern secular State -- to the extent where we have a widely accepted and self-reinforcing mythology of judicial adjudication being seen as the domain of the State and mercy being seen as the domain of both.
Christians may not take other Christians before secular judges -- they should seek judicial relief within the boundaries of the Church and mutually agreeable judges within.
Christians ought to try not to take unbelievers before secular judges as well, as far as possible, as far as it depends on them.
If Christians are brought before an unbelieving judge by unbelievers, Christians may seek justice, as peaceably and meekly as possible, always bearing in mind that it may be their cross to bear unjust rulings against them.
The above points are developed from the following Scriptures :
Exodus 18
Jethro, the priest of Midian, Moses’ father-in-law, heard of all that God had done for Moses and for his people Israel, how the Lord had brought Israel out of Egypt. 2 After Moses had sent away his wife Zipporah, his father-in-law Jethro took her back, 3 along with her two sons. The name of the one was Gershom (for he said, “I have been an alien in a foreign land”), 4 and the name of the other, Eliezer (for he said, “The God of my father was my help, and delivered me from the sword of Pharaoh”). 5 Jethro, Moses’ father-in-law, came into the wilderness where Moses was encamped at the mountain of God, bringing Moses’ sons and wife to him. 6 He sent word to Moses, “I, your father-in-law Jethro, am coming to you, with your wife and her two sons.” 7 Moses went out to meet his father-in-law; he bowed down and kissed him; each asked after the other’s welfare, and they went into the tent. 8 Then Moses told his father-in-law all that the Lord had done to Pharaoh and to the Egyptians for Israel’s sake, all the hardship that had beset them on the way, and how the Lord had delivered them. 9 Jethro rejoiced for all the good that the Lord had done to Israel, in delivering them from the Egyptians.
10 Jethro said, “Blessed be the Lord, who has delivered you from the Egyptians and from Pharaoh. 11 Now I know that the Lord is greater than all gods, because he delivered the people from the Egyptians,[c] when they dealt arrogantly with them.” 12 And Jethro, Moses’ father-in-law, brought a burnt offering and sacrifices to God; and Aaron came with all the elders of Israel to eat bread with Moses’ father-in-law in the presence of God.
13 The next day Moses sat as judge for the people, while the people stood around him from morning until evening. 14 When Moses’ father-in-law saw all that he was doing for the people, he said, “What is this that you are doing for the people? Why do you sit alone, while all the people stand around you from morning until evening?” 15 Moses said to his father-in-law, “Because the people come to me to inquire of God. 16 When they have a dispute, they come to me and I decide between one person and another, and I make known to them the statutes and instructions of God.” 17 Moses’ father-in-law said to him, “What you are doing is not good. 18 You will surely wear yourself out, both you and these people with you. For the task is too heavy for you; you cannot do it alone. 19 Now listen to me. I will give you counsel, and God be with you! You should represent the people before God, and you should bring their cases before God; 20 teach them the statutes and instructions and make known to them the way they are to go and the things they are to do. 21 You should also look for able men among all the people, men who fear God, are trustworthy, and hate dishonest gain; set such men over them as officers over thousands, hundreds, fifties, and tens. 22 Let them sit as judges for the people at all times; let them bring every important case to you, but decide every minor case themselves. So it will be easier for you, and they will bear the burden with you. 23 If you do this, and God so commands you, then you will be able to endure, and all these people will go to their home in peace.”
24 So Moses listened to his father-in-law and did all that he had said. 25 Moses chose able men from all Israel and appointed them as heads over the people, as officers over thousands, hundreds, fifties, and tens. 26 And they judged the people at all times; hard cases they brought to Moses, but any minor case they decided themselves. 27 Then Moses let his father-in-law depart, and he went off to his own country.
1 Corinthians 6:1-8
6 When any of you has a grievance against another, do you dare to take it to court before the unrighteous, instead of taking it before the saints? 2 Do you not know that the saints will judge the world? And if the world is to be judged by you, are you incompetent to try trivial cases? 3 Do you not know that we are to judge angels—to say nothing of ordinary matters? 4 If you have ordinary cases, then, do you appoint as judges those who have no standing in the church? 5 I say this to your shame. Can it be that there is no one among you wise enough to decide between one believer[a] and another, 6 but a believer goes to court against a believer—and before unbelievers at that?
7 In fact, to have lawsuits at all with one another is already a defeat for you. Why not rather be wronged? Why not rather be defrauded? 8 But you yourselves wrong and defraud—and believers at that.