Christianity and Law
Leslie Chastain
Lubbock Christian University

April 16, 2013
BUA 4301 Business Law
With millions of civil cases filed yearly involving everything from hot spilled coffee to arguments among neighbors, lawsuits have become a common occurrence in today's society. America has often been referred to as the “litigious society”—and rightly so. Our nation has placed an overwhelming amount of reliance on the litigation system to resolve any and all kinds of disputes. According to Michael Lewis in an article on Money Crashers online, “there is a new lawsuit filed every two seconds in America” (Lewis, 2008). At this rate, one has to question if the collateral transgressions supporting these lawsuits is something of material value or simply a hopeful shot in the dark. In a survey conducted by Harris Interactive, “most Americans surveyed (55 percent) strongly agreed (and another 32 percent somewhat agreed) that the justice system is used by many as a lottery, to start a lawsuit and see just how much benefits and compensation they can win” (www.SixWise.com, 2003). If one desires to gain worldly compensation at the personal expense of another, especially when the intent of the lawsuit is not material or substantial, one begins to wonder where the moral decency ended and the selfish ambitions began. According to an extensive survey directed by the Pew Forum, the U.S. Religious Landscape Survey finds that “78.4 percent of all American adults consider themselves to be a Christian” (Lugo, 2009). Contradictory isn’t it?
We live in a world with hidden evil threaded inside its roots; therefore, it is not reasonable to expect perfect relations in such a fallen society. However, over three fourths of our country claims to have committed themselves to follow a higher calling and live a life set apart from this downfall. How can we be a people full of demands and accusations and a people called to love and forgive? Currently, public claims are not only brought to courts by the unreligious, but also by Christians as well. Is this biblical? Is this the proper manner in which to handle disputes? Rationally thinking, believers will commit wrongs against other believers sometime within their lifetime. Still, there is a different methodology to undergo when a Christian feels they have been victimized other than using the tactless litigation system. Based off of recent changes in the legal system and readings from scripture, I will further develop the position that: Christians should not take disputes to secular courts in order to receive worldly compensation when they feel they have been wronged.
Many believers may make the argument that the United States judicial system originated on Christian values, and therefore can serve as a beneficial means of settling conflicts between Christians. While that may have been true when the United States judicial system was young, that argument is no longer valid. Following are a few examples in which Christian roots are being challenged on the basis of separation of church and state. In the case of Elk Grove Unified School District v. Newdow, a parent filed a lawsuit against the school simply because their daughter recited the words “one nation under God” in the Pledge of Allegiance. In the case of Glassroth v. Moore, the American Civil Liberties Union (ACLU) attempted to remove a monument out of an Alabama Judicial Building because it was inscribed with the Ten Commandments. In the case of McCreary County v. American Civil Liberties Union (ACLU), the United States of America Supreme Court actually struck down monuments inscribed with the Ten Commandments due to the fact that the display “bespeaks a religious object unless the message is integrated with a secular message” ("Mccreary county, kentucky,," 2005). These actions displayed by the American legal system provide us in the Judeo-Christian community a reason for repelling this humanistic judicial progression. The actions of the United States Judicial Branch give Christians reason to withstand negotiation with any government law, but to uphold the laws and regulations of God.
In addition to the shifting public sector, the Bible speaks specifically to its followers on the subject of Christians filing lawsuits against one another. I believe the original text can be best understood when read together; therefore, let us look specifically at Paul’s writing in 1 Corinthians 6:1-7.
If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, do you ask for a ruling from those whose way of life is scorned in the church? I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother takes another to court—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already.
It is apparent in the writing above that even in the first century, lawsuits were a common occurrence, and this passage directly addresses why Christians should not become involved in these practices. Paul implies that Christians cannot depend on secular judges to properly judge conflicts according to scriptural principles and values. Not only that, but he also suggests that it is difficult for anyone to have the appropriate intentions when taking an issue to court. As a whole, lawsuits among Christians cast a negative light on the church, and therefore should be dealt with in a more humble and encouraging manner. In an article by Mary Fairchild, she claims that as believers, “our testimony to the unbelieving world should be a demonstration of love and forgiveness and, therefore, members of the body of Christ ought to be able to settle arguments and disputes without going to court” (Fairchild, 2011). Although the secular court system is not an appropriate means in which Christians should handle disputes, mediation can still be a beneficial tool to aid in working out problems within the body of Christ. Even more than the United States litigation process, churches should have wise and respectable leaders within their structure who are capable of helping resolve conflicts between believers. Under the direction of the Holy Spirit, Christians submitted to the proper authority should be able to rightly resolve their legal arguments while maintaining a positive witness. As 1 Corinthians 6:1-7 expresses reasons Christians should not take disputes to secular courts, Matthew 18:15-17 details the scriptural guideline for settling all clashes within the church. Again, I believe the text is best understood read as a whole:
If your brother or sister sins, go and point out their fault, just between the two of you. If they listen to you, you have won them over. But if they will not listen, take one or two others along, so that every matter may be established by the testimony of two or three witnesses. If they still refuse to listen, tell it to the church; and if they refuse to listen even to the church, treat them as you would a pagan or a tax collector.
Moreover, the process truly is an easy step by step process. Christians should go directly to another to discuss the problem. If this does not work, they should take on or two witnesses along with them to approach the wrongdoer. If they still refuse to listen, the dispute should be taken to the church leadership. If they will not listen to the church, the offender is to be removed from the church as that of a pagan or tax collector. Furthermore, the Bible does not indicate that lawsuits are inappropriate in all circumstances. Actually, Paul appealed more than once to the legal system, “exercising his right to defend himself under Roman law (Acts 16:37–40; 18:12–17; 22:15–29; 25:10–22)” (Fairchild, 2011). As articulated in Romans 13, the secular legal system can serve an influential role in preserving fairness, punishing offenders, and defending the innocent. Even though the Bible supports taking a claim to court in some cases, personal motives still need to be in check. Ultimately, “God desires compassion from His people more than He demands sacrifices of them” (Crown Financial Ministries, 2010). In Matthew 18:21-22, Peter asks Jesus, “Lord, how many times shall I forgive my brother or sister who sins against me? Up to seven times?” Jesus responds, “I tell you, not seven times, but seventy-seven times.” When in doubt, Christians are called to lean more toward mercy than justice—serving others with humility and compassion. Another element of lawsuits that does not coincide with the Christian religion is the perceived benefit of worldly compensation. Matthew 6:19-21 commands, “do not store up for yourselves treasures on earth, where moths and vermin destroy, and where thieves break in and steal. But store up for yourselves treasures in heaven, where moths and vermin do not destroy, and where thieves do not break in and steal. For where your treasure is, there your heart will be also.” It is human nature to want to be compensated when one is greatly offset by another; however, selfish desire is a vain ambition. When bringing about a lawsuit, it is difficult to distinguish the line between personal gain and overall justice. Diligent consideration must be given to each individual circumstance, weighing facts and intentions against biblical standards. Through personal study and conviction, I do not believe secular courts can administer anything other than worldly treasures. The Bible is truly a gift from above. Its words detail encouragement, lessons, love, and convictions that provide a handy reference guide to help Christians rise above common secular expectations and follow in Christ’s footsteps. As stated above, believers should not feel compelled to take disputes to secular courts in order to receive worldly compensation. This does not mean conflicts will not arise; however, Christians are to show mercy, humility, and forgiveness in situations where others might show vain conceit. As American citizens, we have the legal right to sue if we feel that we have suffered a loss. As Christians and fellow believers, however, our primary purpose is to serve Christ and his people. How much greater the reward for those who trust and lean only on the justice of God?
References
Crown Financial Ministries. (2010, March 22). Should a Christian Sue an Individual. Retrieved from http://www.crown.org/LIBRARY/ViewArticle.aspx?ArticleId=287
Fairchild, M. (2011, Sept). Should Christians Sue in Court. Retrieved from http://christianity.about.com/od/whatdoesthebiblesay/f/christianlawsui.htm Lewis, M. (2008). 5 reasons to sue someone and alternatives to a trial or lawsuit. Retrieved from http://www.moneycrashers.com/reasons-sue-alternatives-trial/ Lugo, L. (2009). Retrieved from The Pew Forum on Religion and Public Life website: http://religions.pewforum.org/reports U.S. Supreme Court, Cases and Codes. (2005). Mccreary county, kentucky, et al. v. american civil liberties union of kentucky et al.. Retrieved from website: http://caselaw.lp. findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=03-1693 www.SixWise.com. (2003). How many lawsuits are there in the u.s. & what are they for? an amazing overview. Retrieved from http://www.sixwise.com/newsletters/06/10/05/how-many-lawsuits-are-there-in-the-us--amp-what-are-they-for-an-amazing-overview.htm