Professional Documents
Culture Documents
Paul Martens
Paul Martens, PhD, is an associate professor at Baylor University, One Bear Place #97284,
Waco,TX 76798-7284; Paul_Martens@baylor.edu.
toric Christian tradition, the answer is yes, basic moral truths are present and
operative in fallen human beings by nature; for Protestants, there is consider-
able equivocation. For Charles, this latter ambiguous state of affairs is a prob-
lem with serious moral ramifications.
After Barth, according to Charles’s narration, a new species of opposition
to natural law emerges with an emphasis on “radical obedience” to the bibli-
cal witness of Jesus.7 Charles singles out two exemplars of this opposition: Yo-
der and Hauerwas.8 Invoking The Politics o f Jesus, Charles argues that Yoder re-
jects what Yoder takes to be pagan philosophical influence (e.g., the Stoic
emphasis on reason and natural law) that allowed the Christian church to make
peace with Constantinianism. Against his own pessimistic conviction that po-
litical power is always evil, Yoder’s alternative— “radical obedience to Jesus’s
ethic of nonviolent resistance to political and social oppression”—is drawn
from the sixteenth-century Anabaptists.9 Recognizing the Catholic and Protes-
tant persecution of the sixteenth-century Anabaptists, Charles is sensitized to
Yoder’s resistance to natural law (at least partially by the fact that Charles him-
self grew up “in the M ennonite tradition”).10 Yet, he continues, “Yoder is at his
worst to the extent that he is unwilling to submit his notion of moral forma-
tion—and Christian social ethics—to the collective wisdom of the historic
Christian tradition.”11 To bring his discussion of Yoder to an end, Charles of-
fers two differing though related reasons why Yoder rejects natural law. First,
he concludes that, given Yoder’s overarching commitment to “ideological pad-
fism,” his rejection of natural law should be viewed as a result of his pacifist
ethics. Second, he concludes that Yoder, like Barth, believes that natural law is
“an addition” to the W ord of God as divine revelation.
In short order, Charles then turns to Hauerwas, whose confessed debts to
Yoder in these matters shines through in Hauerwas’s own “ideological pacifism”
and “deep-seated distrust of natural-law thinking.”12 According to Charles, the
same negative evaluation of the adoption of natural law by Christendom in sup-
port of a “culturally assimilationist” agenda is also present in Hauerwas. Hauer-
was clearly rejects a “universal” ethic grounded in human nature per se; he
clearly rejects an autonomous realm of morality separate from C hrist’s Lord-
ship. Further and finally, he suggests that natural law “offers justification” for
war and violence, which is necessarily “cooperating with sin.”13
Charles’s placing of Yoder and Hauerwas (and, by extension, their nonvio-
lence) as a distortion of and therefore outside the natural law discourse is not
benign. In Charles’s pseudo-Niebuhrian critique (borrowed from C. S. Lewis’s
Christian Reflections14), these two radicals are attempting to begin Christian
ethics with a tabula rasa. Charles thereby suggests that Yoder and Hauerwas ad-
here to a kind of revelational positivism.15 H e then charges them with posing a
false dichotomy between nature and grace that thereby renders them incapable
of entering the public square and contributing meaningfully to civil society.
116 · W ith th e Grain of the Universe
Implicit in this conclusion is the assumption that public morality must rest upon
public principles, which must in turn rest upon “the fabric of creation.”16
At bottom, however, Charles’s derision of Yoder and Hauerwas is rooted in
his fear of disorder (or a need for orderly accountability). H e explains his ap-
peal to creation as the means to reestablish the priority of law in support of or-
der. “Since law is part of creation, the order of things as they are, it is a bibli-
cal, an anthropological, and an eminently theological question: H um an beings
cannot avoid or deny their true nature, which, made in the image of God,
seeks order.” H e continues with a rather blunt account of the transitive prop-
erties assumed in his understanding of cosmic reality: “Thus, natural theology
concerns cosmic reality, not human autonomy. And cosmic reality entails law.
T he structure of law is such that it informs the commandments and forms the
basis for ethics. T h e New Covenant in no way abrogates this moral reality.
Therefore, law cannot be severed from authentic Christian religion and social
ethics.”17
Despite the internal difficulties in his argument (e.g., the question-begging
nature of his appeal to “the collective wisdom of the historic Christian tradi-
tion”18 and the ambiguous invocation of “order” and “law” without a clear def-
inition or differentiation between natural, divine, or positive law or a developed
account of how they are related), Charles is correct in that, if his understand-
ing of natural law is the core of Christian ethics, then, as Yoder and Hauerwas
conclude, nonviolence must necessarily reject it.
Nonviolent Self-Incriminations
One does not need to look far in the corpus of either Yoder or Hauerwas to
find comments that could also be construed as rejections of natural law think-
ing. Perhaps the most famous statement in Yoder’s corpus appears in the first
chapter of The Politics o f Jesus. “W hether [the] ethic of natural law be encoun-
tered in the reformation form, where it is called an ethic of ‘vocation’ or of the
‘station,’ or in the currently popular form of the ‘ethic of the situation,’ or in
118 * W ith th e Grain of th e Universe
the older catholic forms where ‘nature’ is known in other ways, the structure
of the argument is the same: it is by studying the realities around us, not by
hearing a proclamation from God, that we discern the right.”26
Hauerwas is no less compliant in providing suitable polemics. In The Peace-
able Kingdom, he explicitly links his own position to that of Barth.
Several pages later, Hauerwas launches into a list of difficulties entailed in be-
ginning Christian ethics with natural law. H e levels the following charges
against natural law: (1) It creates a distorted moral psychology because judg-
ments are made about actions irrespective of the dispositions of the agent; (2)
it fails to provide an adequate account of how theological convictions are a
morality (i.e., how they form a moral community); (3) it confases the claim that
Christian ethics is an ethic that we should and can commend to anyone; (4) it
fails to appreciate that there is no actual universal morality; (5) it fails to pro-
vide the critical perspective for the church necessary to challenge the inherent
violence in the world; (6) it ignores the narrative character of Christian con-
viciions; and (7) it tempts Christians to coerce those who disagree with them
since it assumes the moral high ground in all disputes.28
Yoder, borrowing from and adding to Hauerwas’s list, has his own list of the
failures of natural law reasoning. In his unpublished “Regarding N ature,” cir-
culated in January 1994, he notes that the appeal to “nature” cannot (1) resolve
the tension between the given and the critical; (2) adjudicate debates between
different definitions of the given; (3) resolve the paradox of someone with a par-
ticular position telling others what they are supposed already naturally to
know;29 and (4) ultimately keep the promise of offering security and validation
through ontology (i.e., resolving “ought” conflicts by an “is” claim).30
Each of these claims deserves farther scrutiny, to be sure, but their reitera-
tion here simply serves to contribute to the mounting evidence that advocates
of nonviolence (represented by Yoder and Hauerwas) must necessarily reject
the natural law in their articulation of Christian ethics. One final comment also
deserves mention because it takes Yoder’s position to the extreme. In addition
to directly challenging the validity of the natural law, Yoder goes one step fur-
ther and undermines its authority even among those who allegedly hold it dear.
In Nonviolence—A B rief History, he suggests that the heart of the moral life of
Paul M artens · 119
the ordinary Catholic believer lies neither in canon law nor in episcopal loy-
alty nor in natural law. Rather, the heart of Catholic moral life has more to do
with the lives of the saints, with the cultivation of virtues, and with the lived
experiences of family and community.31
If I were writing this essay as a scholastic argument, this would be the place to
insert a poignant sed contra. And, if I were to insert a sed contra, it would be the
following quote drawn from Paul Ramsey’s Nine Modem Moralists: “Christian
ethics, especially in Protestant circles, is bedeviled by the fact that, whether we
come to praise or to bury them, we always have in mind continental theories
of the natural law. We have in mind a whole realm populated by universal prin-
ciples.”32 In this way, Ramsey reminds us that “natural law” is not a static con-
cept but rather a notion that has a history, a history that contains diverse def-
initions that may be either helpful or harmful. Again, Porter is very useful in
illuminating why we ought to step behind the radical autonomy of natural law
asserted in the early modern period to reexamine the significantly different me-
dieval interpretations of natural law.33 She argues that, at bottom, the medieval
concept of nature was theological and developed with key scriptural texts taken
from Genesis and the Pauline letters.34 Therefore, the complex ancient and me-
dieval philosophical traditions of reason and nature are brought into a conver-
sation with scripture and not merely accepted uncritically O n this basis, she
argues, the theological background of natural law helped the scholastics develop
a critical perspective to distinguish between those aspects of human nature that
are normative and those that are not.35
T h e example of Thom as Aquinas can be drawn forward as an example to il-
lústrate Porter’s argument. Aquinas begins his “Treatise on Law” {Summa the-
ologiae I—II, 90-108) by arguing that “law is something pertaining to reason”
(90.1).36 H e concludes that law “is nothing else than an ordinance of reason
for the common good, made [and promulgated] by him who has care of the
community” (90.4).37 W hat follows then reveals the depth of Aquinas’s theo-
logical commitments: “A law is nothing else but a dictate of practical reason
emanating from the ruler who governs a perfect community. N ow it is evident,
granted that the world is ruled by Divine Providence . . . that the whole com-
munity of the universe is governed by Divine Reason” (91.1). T he law contained
in the mind of God is referred to as eternal law and, since all things are ruled
and measured by eternal law, Aquinas argues that it is evident that all some-
how share in it (i.e., their tendencies to their own proper acts and ends rise from
its impression) (91.2). In sum, this sharing of intelligent creatures in the eter-
nal law—the divinely ordered community of the universe—is what, Aquinas
120 * W ith the Grain of th e Universe
concludes, is called “natural law.” As Porter notes, Aquinas does not shy away
from scriptural support, drawn from Psalm 4:6, for his conclusion.
Hence the Psalmist after saying: Offer up the sacrifice of justice, as though
someone asked what the works of justice are, adds: many say, Who showeth us
good things? In answer to which question he says: The light of Thy countenance,
0 Lord, is signed upon us: thus implying that the light of natural reason,
whereby we discern what is good and what is evil, which is the function of
the natural law, is nothing else than an imprint on us of the Divine light (91.2).
Aquinas then moves to introduce human law, the process of making more
specific arrangements about human community in accordance with the natu-
ral law (91.3). And, if this is all he had to say, then there is little doubt that
Charles’s confidence in the possibility of establishing public morality on the ba-
sis of “the fabric of creation” would be warranted. At times it even appears that
Charles wants to affirm (implicitly) that a divine law besides natural law and
the human laws deriving from it would seem to be unnecessary (91.4). After
all, the first principle of natural law is fairly straightforward: good is to be
sought and done, and evil is to be avoided (94.2). All secondary principles of
natural law, therefore, are merely specifications of this principle according to
the three stages of natural tendencies: (1) to the nature humans share with all
substances (i.e., to preserve one’s natural being); (2) to the nature humans share
with other animals (i.e., to reproduce and educate one’s young); and (3) to the
nature humans possess as rational (i.e., that humans should know truths about
God and live in society) (94.2). Following this logic, it is expected that Porter
will argue that to preserve one’s natural being (and, perhaps, one’s young and
even one’s society) with violence, if necessary, is a reasonable expression of the
first principle of natural law.
Therefore, to illuminate how nonviolence m ight align with natural law
properly understood, it is necessary to attend to the complete process of re-
turning to the “Treatise on Law” in the Summa (which is frequently artificially
cut short by concluding with human law).38 To read further is to attend to the
reasons why Aquinas believes the divine law is necessary: (1) humans are des-
tined to an end beyond their natural abilities (i.e., to eternal happiness) and
therefore must be directed by a divinely given law above natural and human
law; (2) human untrustworthiness provides differing decisions about human
conduct that result in diverse and conflicting laws on contingent and particu-
lar issues; (3) humans are incompetent to judge their own inward behavior; and
(4) human law cannot forbid or punish all wrongdoing (91.4). Therefore, in ad-
dition to the precepts of the natural law, some other principles are needed,
namely, precepts of divine law (91.4).
Having followed Aquinas in a rather straightforward and uncontested man-
ner this far, it is precisely at this point—at the point where the divine law be
Paul M artens * 121
comes necessary for rightly reorienting human beings to the eternal law—that
I would like to press elements of his thought against its own gravitational pull
toward legitimating violence as an expression of Christian “doing good.” This
gravitational pull is facilitated by the separation of a hum an’s natural and su-
pernatural end and encouraged by limiting the new law to grace and, there-
fore, virtually limiting the new law to the work of the H oly Spirit.
T he first of these elements lies latent already in Aquinas’s rationale for the
necessity of the divine law when he claims that “by the natural law the eternal
law is participated proportionately to the capacity of human nature. But to his
supernatural end man needs to be directed in a yet higher way. Hence the ad-
ditional law given by God, whereby man shares more perfectly in the eternal
law” (91.4). By the time he turns to addressing the divine law more fully, how-
ever, Aquinas acknowledges that the human law is directed toward tranquility
in temporal affairs while the divine law is directed toward bringing human be-
ings to the attainment of eternal happiness (98.1).39 Further, in his discussion
of the new law, the separation is entrenched by tying grace to internal matters
of faith and reason to the moral precepts of the law (108.2).
Once natural and supernatural ends are distinguished in this way, it be-
comes easier to claim that the first grace of the new law is the grace of the
H oly Spirit given inwardly (106.2). T his distinction also facilitates a farther
problem between the old law as external and the new law as internal: the for-
m er threatens and the latter justifies; the “letter” kills but the “spirit” gives
life (106.3).40
Against this trajectory, and in fall awareness that I am working against the
current of Thom istic scholarship, I now draw out the full picture and attend
to what Aquinas calls the “second element” of the evangelical law (106.2). His
gloss on John 1:14—17 provides exactly the Christological key that the advo-
cates of nonviolence need if they are to disturb the accepted distinction between
natural and supernatural ends, namely, the Incarnation.
Hence it is written (John 1:14): The Word was made flesh, and afterwards: full
° f g>'ace and truth; and further on: O f His fullness we all have received, and grace
for grace. Hence it is added that grace and truth came by Jesus Christ. Conse-
quently it was becoming that the grace which flows from the incarnate Word
should be given to us by means of certain external sensible objects; and that
from this inward grace, whereby the flesh is subjected to the Spirit, certain
external works should ensue. (108.1)
Christ, “the Lawgiver,” brings grace but also evokes external works that are
brought forth by “the promptings of grace” (108.1). Specifically, although ad-
mitting that the kingdom of God consists primarily in inner actions, Aquinas
claims that everything required for these interior actions also concerns the king-
dom of God. H e continues, “if the kingdom of God is internal righteousness,
122 · W ith the Grain of th e Universe
peace, and spiritual joy, all external acts that are incompatible with righteous-
ness, peace, and spiritual joy, are in opposition to the kingdom of G od” (108.1).
Here, and again in 108.4, Aquinas offers an appeal to the unity of righteous-
ness, peace, and joy as a criterion for evaluating both internal and external ac-
tion befitting the kingdom of God.41
W ith this, advocates of nonviolence find a Thomistic conclusion from which
they can engage all actions and not merely the internal life. O f course, this is
not to suggest that Aquinas does not believe that violence is inherently evil.42
It is to suggest that all actions undertaken by Christians must align with the
unity of righteousness, peace, and joy mediated through the divine law, which
thereby refines and corrects the conclusions of fallen human law. Aquinas says
as much himself: because humans are untrustworthy in providing decisions
about human conduct on contingent and particular issues, the divine law pro-
vided in and through the scriptures reorients Christians toward the divine or-
dering of the community of the universe (91.4).
Drawing forward Christ as “the Lawgiver”—as the W ord/Logos/Law made
flesh—and demonstrating that the evangelical law entails external actions, how-
ever, does not resolve all of the contentious issues separating advocates of non-
violence and those that appeal to the natural law in support of violence. Yet it
does open the possibility, internal to Aquinas’s own argument, of appealing to
Christ as the revelation of divine law that necessarily corrects the failures of
human understandings of “good” and “evil” in the first principle of natural law,
corrects misguided secondary applications of the first principle of natural law,
and attempts to define external relations by human law alone. Furthermore, a
distinction has slipped into this discussion with little fanfare, but it is a distinc-
tion that merits attention given the previous arguments against nonviolence.
For Aquinas, life lived according to the divine law must look different from life
lived apart from the divine law for good theological reasons.
In what remains, I reexamine and assess the arguments provided by Charles,
Porter, and the advocates of nonviolence that allege a natural law that accepts
violence as natural in certain circumstances. Keeping Aquinas’s less emphasized
theological convictions in the forefront, I argue that Charles actually depends
more on a particular Christology than he alleges, that a refined eschatological
orientation must be added to Porter’s emphasis on creation, and that Yoder and
Hauerwas actually have positive, even if undeveloped, accounts of natural law.
Earlier I sought to use Aquinas to revisit the relationship between Jesus Christ
and the natural law for the purpose of clarifying a theological understanding
of the natural law that is dependent on the revelation contained in the Chris
Paul Martens * 123
position “public” by “embodying it” and then wrestling “seriously with build-
ing bridges to surrounding pagan culture” simply echoes the nonviolent appeal
to the necessity of witness,45 followed also by Yoder’s attempt to speak to the
wider world through the use of “middle axioms” (in the 1960s),46 “interworld
transformational grammar” (in the 1980s), and even simple “semantic bridges”
(also in the 1980s),47 just with a little more angst. All of this suggests, there-
fore, that Charles is inconsistent both theologically and methodologically. And
I would venture to guess this has at least as much to do with his ideological
commitment to imposing a moral order (perhaps even through violence) as it
does with either natural law or the revelation of Christ’s suffering on the cross
and the redemption of humankind that ensued.
by class, race, and nationality. King, too, would strongly affirm this conclusion
since it aligns with his conviction that G od “has placed within the very strac-
ture of the universe certain absolute moral laws,” a conviction that provides him
with assurance that the truth concerning the evils of racism will ultimately
conquer.55 Yet, to say that this much about the implications of equality is all
that a Christian can or should say about equality is to leave the story incom-
plete, to treat equality instrumentally w ithout proper purpose and context (a
vacuum with many prospective occupants). As I see it, this notion of equality
as moral agents must be taken up and pressed farther in relation to the equal-
ity in Christ proclaimed in Galatians 3:28.56 Or, to use the language of King,
“desegregation is only a partial, though necessary, step toward the final goal
which we seek to realize, genuine intergroup and interpersonal living. Deseg-
regation will break down the legal barriers and bring men together physically,
but something must touch the hearts and souls of men so that they will come
together spiritually because it is natural and right.”57 In this way equality re-
ceives a particularly Christian expression that fills out the picture beyond the
limits of reason alone and refines prior notions of equality in order to align them
with the ultimate telos of human relations. Participating in this sort of equal-
ity is a fuller participation in the divinely ordered community of the universe
than that offered by Porter’s account of the scholastics. T h e same sort of re-
definition would also apply to all other moral claims, including the use of vio-
lence. W hether one chooses to go with Yoder and Hauerwas all the way to non-
violence or whether one goes as far as King and other “realistic pacifists” will
be contested.58 But it is my hope that it would be contested theologically, not
with any illusion of an objective or publicly available safe place to stand on the
spectrum of permissible to nonpermissible use of force as these moral claims
are contested all the way down.
To close, I note that the foregoing constitutes a more direct argument for the
possible rapprochement between nonviolence and natural law limits to violence
than has been offered by either Yoder or Hauerwas. King repeatedly appealed
to the nature of the universe to support his nonviolent imitation of Christ.59
Yet Yoder and Hauerwas have been much more timid (at least in this respect).
Yoder tentatively embraces the idea of natural law to argue tactically against
provincialism, against impossible expectations, against exporting particular
standards to another culture, and against hasty readings of “what everyone
thinks.”60 In fact, he goes as far as to acknowledge that natural law arguments
are useful as long as they are not used against the claims of Jesus or as a means
to resolve a debate between incompatible worlds.61
Paul M artens * 127
Hauerwas, even more strongly, affirms a limited form of natural law as a way
to name the ability to act and to give reasons for our actions. He asserts that
natural law is, as Calvin emphasized, “but a reminder that ‘to be human is to
order life cooperatively.”62 To order life cooperatively requires the virtues of
promise keeping and honesty as central for the moral life. H e explains further:
“O ur commitment to truth, to saying what is, is a form of our commitment to
maintain the trust between ourselves.”63 Clearly, Hauerwas is attempting to
avoid a sort of foundationalism in his description and this, too, is a strategy for
avoiding a strong reliance on the normative claims that m ight be rooted in ere-
ation as it is experienced in the present. Yet he also recognizes that honesty and
promise keeping are instrumental virtues that need further theological orien-
tation. H e quotes Augustine to this effect using the examples of the cardinal
virtues:
The object o f . .. love is not anything, but only God, the chief good, the high-
est wisdom, the perfect harmony. So we may express the definition thus: that
temperance is love keeping itself entire and incorrupt for God; fortitude is
love bearing everything readily for the sake of God; justice is love serving God
only, and therefore ruling well all else, as subjects to man; prudence is love
making a right distinction between what helps it towards God and what
might hinder it.64
Attempts to appeal to an objective or public morality as natural law simply
cannot orient either the cardinal or theological virtues sufficiently. This lacuna
is why Barth, King, Yoder, Hauerwas, and any number of post-Enlightenment
Protestants have rejected certain understandings of the natural law. Admit-
tedly, these dismissals have often been rhetorically embellished and, therefore,
less careful than they ought to have been. Yet—perhaps against her own
wishes—Porter’s work of retrieval provides an invaluable resource for demon-
strating that not all definitions of natural law are equal as well as for illuminât-
ing the best medieval attempts to take natural law as a scripturally formed the-
ological attempt to understand the world created by G od and the human way
to be in the world.
But perhaps it is time to press further and to acknowledge that even
though the term “natural law” may have been dismissed, the issues it was em-
ployed to address continue to haunt Protestant and Catholic ethics. And, per-
haps it is time for advocates of nonviolence to revisit their alleged rejection
of natural law and follow through on explaining the complex claim that they
are truly working “with the grain of the universe.” After all, they, like King,
are convinced that despite the embrace of weakness, suffering, and even mar-
tyrdom, “the universe is under the control of a loving purpose, and that in
the struggle for righteousness [humanity] has cosmic companionship” to see
a way to the end.65
128 * W ith the Grain of th e Universe
Notes
1. O n March 25, 1965, while preaching in Montgomery, Alabama, King proclaimed that “the
arc of the moral universe is long, but it bends toward justice.” See M artin Luther King Jr.
and J ames Melvin Washington, A Testament ofHope: The Essential Writings o f M artm Lather
King, J r (San Francisco: H arper & Row, 1986), 252.
2. John Howard Yoder, The Politics o f Jesus: Vicit Agnus Noster, 2nd ed. (Grand Rapids, MI:
Eerdmans, 1994), 242.
3. John Howard Yoder, “Armaments and Eschatology,” Studies in Christian Ethics 1, no.l
(1988): 58. T his section of Yoder’s text is used as the epigraph in Stanley Hauerwas, With
the Grain o f the Universe: The Church’s Witness and Natural Theology (Grand Rapids, ML
Brazos Press, 2001), 6.
4. See Ernst Troeltsch, The Social Teaching o f the Christian Churches, trans. Olive W yon
(Louisville, KY: W estm inster/John Knox Press, 1992), 694—729. For Troeltsch, sects were
often regarded negatively by the established church. Yet Yoder would agree with Troeltsch’s
description of the sect movements as representing “a very direct and characteristic way
the essential fundamental ideas of Christianity” (334). See also LI. Richard Niebuhr, Christ
and Culture (New York: H arper & Row, 1951), 56-57; Reinhold Niebuhr, “A Critique of
Pacifism” in Love and Justice: Selections from the Shorter Writings of Reinhold Niebuhr, ed. D.
B. Robertson (Louisville, KY: W estm inster/John Knox, 1957), 241-47; and Reinhold
Niebuhr, “Pacifism against the W all,” in Love and Justice: Selections fi-om the Shorter W rit-
ings of Reinhold Niebuhr, ed. D. B. Robertson (Louisville, KY: W estminster/John Knox,
1957), 260-67.
5. See James Gustafson, “T he Sectarian Temptation: Reflections on Theology, the Church,
and the University,” Catholic Theological Society o f America Proceedings 40 (1985): 83-94.
6. J. Daryl Charles, “Protestants and Natural Law,” First Things (December 2006): 36, em-
phasis original. One can find a fuller account of Charles’s narrative in Charles, Retrieving
the N atural Law: A Return to First Things (Grand Rapids, MI: Eerdmans, 2008). Further
good examples of the recent Protestant return to natural law include David Van Drunen,
N atural Law and the Two Kingdoms: A Study in the Development of Reformed Social Thought
(Grand Rapids, MI: Eerdmans, 2009); and Robert C. Baker and Roland Cap Ehlke, eds.
Natural Law: A Lutheran Reappraisal (St. Louis: Concordia, 2011). W hether the conclu-
sions offered in this paper significantly differ from the nuanced account of natural law pro-
vided by Barth is certainly worth pursuing but must be left unattended for another time.
See Karl Barth, Church Dogmatics 111.4: The Doctrine of Creation (Edinburgh, UK: T & T
Clark, 1961), 3-46.
7. Jacques Ellul is also included in the expanded version of this counternarrative provided in
Charles’s subsequent “T h e N atural Law and H um an Dignity: Reaffirming Ethical First
T hings,” Life and Learning XVI: Proceedings of the Seventeenth University Faculty for Life Con-
ference at Villanova, ed. Joseph W. Koterski (Washington, DC: University Faculty for Life,
2008), 327-28.
8. It is, at the very least, interesting to note that King has escaped nearly allof the contem-
porary criticism directed toward Christian nonviolence. T h a t said, Iwill draw him more
directly into the discourse in my concluding comments.
9. Charles, “Protestants and Natural Law,” 36.
10. Charles, “Natural Law and H um an Dignity,” 328n20.
11. Charles, “Protestants and Natural Law,” 36.
12. Charles, “Natural Law and H um an Dignity,” 331.
Paul M artens * 129
onciled, however, this conclusion was foreclosed when Milbank claimed that “non-violent
assertion is, after all, privation and therefore violence”; John Milbank, Being Reconciled: On-
tology and Pardon (London: Routledge, 2003), 26.
21. Porter, Natural and Divine Law, 285. See also Yoder, Politics of Jesus, 99.
22. Porter, Natural and Divine Law, 286.
23. Ibid., 287.
24. Ibid.
25. Ibid., 293. T his same sentiment appears later with very little modification in Porter’s M in-
isters o f the Law: A Natural Law Theory of Legal Authority (Grand Rapids, MI: Eerdmans,
2010), 308-9.
26. Yoder, Politics o f Jesus, 8-9. Further, “historical study shows that it has been possible to un-
derstand under order of nature just about anything a philosopher wanted: stoicism or epi-
cureanism, creative evolution or political restorationism, Puritan democracy or Aryan die-
tatorship. We shall do well to avoid thinking of the order of nature as a source of any kind
of revelation.” Yoder, Christian Witness to the State (Newton, KS: Faith and Life Press,
1964), 33.
130 · W ith th e Grain of th e Universe
27. Stanley Hauerwas, The Peaceable Kingdom: A Primer in Christian Ethics (London: SCM
Press, 1984), 55.
28. Ibid., 63-64.
29. For an example of how this becomes problematic in relation to the death penalty, see John
Howard Yoder, The End of Sacrifice: The Capital Punishment Writings o f John Howard Yoder,
ed. John C. N ugent (Scottdale, PA: Herald Press, 2011), 125.
30. Yoder, “Regarding N ature.”
31. John Howard Yoder, Nonviolence— A B rief History: The Warsaw Lectures, eds. Paul Martens,
M atthew Porter, and Myles W erntz (Waco, TX: Baylor University Press, 2010), 110.
32. Ramsey, Nine Modem Moralists, 14.
33. F or a fuller account o f the diverse medieval understandings o f natural law, see Jean
Porter, Nature as Reason: A Thomistic Theoiy o f N atural Law (Grand Rapids, MI: Eerd-
mans, 2005), 7-24.
34. Porter, Nafíiral and Divine Law, 17. Romans 2:14 figures prom inently here, though it is
not the only source.
35. Ibid., 51.
36. All subsequent references to Aquinas’s Summa are taken from Part I-II of Summa theolo-
giae, trans. Fathers of the Dominican Province (New York: Benziger Bros., 1948). Only
the numbers of the question and article are noted in the text itself. All emphases original.
37.1 use natural law’s relation to practical reason as a limiting factor that differentiates it from
natural theology, which I take to relate primarily to speculative reason. These two cate-
gories are often confused or lumped together in Protestant circles after Barth.
38. See, for example, T hom as Aquinas, Treatise on Law (Summa theologiae, Questions 90-97)
(Chicago: H enry Regnery, 1967).
39. Particularly clear on this m atter is the statement that “the end of human law is the tem-
poral tranquility of the state, which end law effects by directing external actions, as re-
gards those evils which m ight disturb the peaceful condition of the state” while “the end
of Divine law is to bring man to that end which is everlasting happiness” (98.1).
40. See 2 Corinthians 3:6.
41. T h e traditional three counsels, also articulated by Aquinas, are poverty, chastity, and obe-
dience to a rule. N one of these necessarily include or exclude nonviolence, leaving open
the debate as to w hether nonviolence truly is a m atter left to individual freedom (see
108.2).
42. At this point, Yoder and Hauerwas would probably point out Aquinas’s problematic Con-
stantinian context and assumptions. Even if this critique is correct, it should not stop them
from seeing the respective internal resources for moving beyond these limits.
43. Charles, “Natural Law and H um an Dignity,” 352-53.
44. Ibid., 354-55.
45. Ibid., 355.
46. See Yoder, Christian Witness to the State, 32, 72-73.
47. See John Howard Yoder, The Priestly Kingdom,: Social Ethics as Gospel (Notre Dame, IN:
University of N otre Dame Press, 1984), 56, 162-63.
48. Porter, N atural and Divine Law, 103.
49. Stanley Hauerwas with Richard Bondi and David B. Burrell, Truthfulness and Tragedy:
Turther Investigations in Christian Ethics (Notre Dame, IN: University of N otre Dame
Press, 1977), 68.
Paul Martens * 131
50. Ibid.
51. John Howard Yoder, “Does Natural Law Provide a Basis for a Christian W itness to the
State? (A Symposium), ״Brethren Life and Thought 7 (Spring 1962): 22.
52. Stanley Hauerwas, Against the Nations: War and Survival in a Liberal Society (Notre Dame,
IN: University of N otre Dame Press, 1992), 160, quoted in Yoder, “Peace without Escha-
tology?” in The Royal Priesthood: Essays Ecclesiological and Ecumenical, ed. Michael G.
Cartwright (Scottdale, PA: Herald Press, 1998), 145.
53. Yoder, Politics o f Jesus, 242.
54. Porter, Natural and Divine Law, 266.
55. M artin Luther King Jr., The Strength to Love (New York: Pocket Books, 1968), 128-29.
See also “T here is a law in the moral world— a silent, invisible imperative, akin to the laws
in the physical world—which reminds us that life will work only in a certain way127) ) ״.
56. “T here is neither Jew nor Greek, slave nor free, male nor female, for you are all one in
Christ Jesus.”
57. King, Strejigth to Love, 28.
58. “Realistic pacifism” is a term used to describe movements, ideas, and practices for pre-
venting war and building peace but it is not strictly limited to nonviolence in self-defense
and in the protection of the innocent. See David Cortright, Peace: A History o f Movements
and Ideas (Cambridge: Cambridge University Press, 2008), 334—39. It seems possible that
Porter could argue that one holding her position m ight also be considered a “realistic paci-
fist” under certain conditions, thereby highlighting the complicated nature of King’s con-
tribution to the discussion.
59. See Reggie Williams, “Bonhoeffer and King: Christ and the Moral Arc,” Black Theology:
A n International Journal 9, no. 3 (2011): 366-67.
60. Yoder, “Regarding N ature.”
61. Ibid. In various manifestations, Yoder was also willing to argue for coherence between his
theological claims and the findings of sociology and anthropology. See Yoder, Nonviolence,
63-72; and Yoder, The War o f the Lamb: The Ethics o f Nonviolence and Peacemaking, eds. Glen
Stassen, M ark Thiessen Nation, and M att Ham sher (Grand Rapids, MI: Brazos Press,
2009), 125-35. Nancy M urphy and George Ellis have also followed Yoder’s intimations
m uch further in On the Moral Nature o f the Universe: Theology, Cosmology, and Ethics
(Philadelphia, PA: Fortress Press, 1996).
62. Hauerwas with Bondi and Burrell, Truthfulness and Tragedy, 65.
63. Ibid., 66.
64. Ibid., 68. See Augustine, “O n the Morals of the C hurch,” in Nicene and Post-Nicene Fa-
thers o f the Christian Church, IV, ed. Philip Schaff (New York: Scribner’s Sons, 1901), 15.
65. King, Strength to Love, 172.
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