The Sinlessness of Jesus 3: Wolfhart Pannenberg

In his classic work Jesus – God and Man (German original 1964) Wolfhart Pannenberg argues for the sinlessness of Jesus, as most of the Christian tradition has done.

Pannenberg begins his treatment of the topic with a survey of the doctrine in the history of theology, beginning with the New Testament texts which affirm Jesus’ sinlessness. These, Pannenberg argues, together with the earliest Patristic theologians, assert that Jesus did not sin, although his humanity was like ours in every respect. Later Christian theology shifted this understanding of Jesus’ sinlessness, however, to an affirmation of his impeccability: the idea that Jesus could not sin, and so that his humanity was decisively different to ours. Augustine explained this with recourse to the ideas of original sin and virgin birth, and the conciliar tradition with recourse to the impersonal humanity of Jesus in the anhypostasia-enhypostasia doctrine.

In the nineteenth, however, the idea of human personality and agency, along with questions about the doctrine of orginal sin, led some theologians to locate Jesus’ sinlessness in his “inner life,” or his “moral exemplarism.”

Pannenberg rejects all these options, and develops his argument in three moves. First, he follows the witness of the New Testament and the earliest theologians, that Jesus’ sinlessness is to be understood as his “not committing any sin” during his earthly life, rather than any concept of his incapacity to sin. He rejects these later views because they render the biblical testimony to his temptations and struggles impossible to understand, and so his humanity as qualitatively distinct from normal human life.

Second, while he rejects the Augustinian doctrine of original sin as an explanation for the transmission of sin to each succeeding generation, he finds in it a valid description of the empirical existence of humanity, if not a description of human essence.

If sin is not associated with the essence of the divine destiny of man, but with the structure of present human existence, one cannot conceive of a natural sinlessness of Jesus. It is inconceivable that Jesus was truly man, but that in his corporeality and behavior he was not stamped by the universal structure of centeredness of animal life that is the basis of the self-centeredness of human experience and behavior, but which becomes sin only in man. The conception that at the incarnation God did not assume human nature in its corrupt sinful state but only joined himself with a humanity absolutely purified from all sin contradicts not only the anthropological radicality of sin, but also the testimony of the New Testament and of early Christian theology that the Son of God assumed sinful flesh and in sinful flesh itself overcame sin (362).

Thus Pannenberg argues that the eternal Son did indeed take sinful flesh (Romans 8:3) when he became human, and hence faced the kind of temptation and struggle that all humans face. And it was from within this solidarity with humanity generally, and not exempted from it, that he overcame sin. That he did so is known – both to himself and to us – only in the resurrection.

This is Pannenberg’s third move. It is pointless for us to try to prove the sinlessness of Jesus on the basis of his virgin birth, or his “inner life,” or his moral superiority. The testimony of his life, like that of every person, is ambiguous. Only in the light of the resurrection can we assert Jesus’ sinlessness, and apply it retrospectively to his life on the basis of the divine vindication expressed in this event.

Scripture on Sunday – 1 Samuel 3

In this chapter Samuel grows up. The most significant aspect of his growing years was his hearing the call and word of Yahweh. The story presents him as just a boy when Yahweh calls him—an encouragement to children and children’s ministers! At first Samuel does not recognise Yahweh’s voice, mistaking it for Eli. Indeed, like Eli’s sons, Samuel “does not know the Lord”—yet (v. 7; cf. 2:12). Eventually Eli discerns the truth and gives the best advice, telling Samuel to respond, “Speak Yahweh: your servant is listening.”

But God’s speech is a word of judgement against Eli! (cf. Isaiah 6), and so not at all what one wants to hear. Like the prophecy given in the second chapter, the judgement is against Eli and his house, on account of the activities of Eli’s sons and his failure to restrain them. While it is possible to reflect on this passage with respect to parenting responsibilities, it is more likely that Eli is presented in terms of his role as high priest responsible for the work and worship of the tabernacle. Many years will pass before these words of prophecy come to pass by which time Samuel is an adult. There will, however, be no forgiveness for Eli, neither by sacrifice nor offering. This is a harsh, or at least a stern, word of unremitting judgement.

I find the portrayal of Eli in these chapters to be somewhat ambiguous. He confronts his sons but does not restrain them, nor remove them from their position. It seems likely that he too was benefiting from their misappropriation. Nevertheless, it seems he does much better with Samuel than he has with his own sons. His blessing of Hannah is twice fruitful, and here, he is alive to the possibility that God may be or is at work. He bows before the word of judgement and acknowledges Yahweh’s sovereign right to judge. Yet even this acknowledgement will not save him from this judgement. It seems that his acknowledgement is not equivalent to repentance. “Eli stands as a warning against drifting through life with a well-meaning attitude but without taking up the responsibilities that are really ours” (Evans, 40).

1 Samuel 3:1, 19, 21 
And the word of the Lord was rare in those days; there was no frequent vision. … And Samuel grew, and the Lord was with him and let none of his words fall to the ground. And all Israel from Dan to Beersheba knew that Samuel was established as a prophet of the Lord. And the Lord appeared again at Shiloh, for the Lord revealed himself to Samuel at Shiloh by the word of the Lord.

Under the ministry of Eli and his sons, the word of the Lord has been rare. Whether the spiritual condition of Eli’s house and of the people was due to the lack of divine revelation, or whether the lack of divine revelation was due to the failure of the people may be speculated. What is plain in this passage, however, is that the Lord takes the initiative, addressing Samuel by name, calling him in the night, speaking his word and then confirming it publicly, establishing Samuel as the Lord’s prophet.

Samuel hears but does not recognise Yahweh’s voice: “Now Samuel did not yet know the Lord, and the word of the Lord had not yet been revealed to him” (v.7). Learning to hear and recognise God’s voice takes a certain sensitivity, quietness, openness, and readiness. It is unsurprising that Samuel hears in the period before dawn when he and all around him is quiet. It is difficult to hear “the still small voice” in the cacophony of daily busyness. It seems the voice was “audible” for Samuel but was not actually audible, for Eli was not awakened and did not hear. Initially Samuel mistook the divine voice for a natural occurrence, and needed the instruction and encouragement of Eli to recognise the subtlety of Yahweh’s speech. With Eli’s instruction Samuel returned to his bed and waited, and when addressed, was ready and responded as he had been instructed, “Speak Yahweh: your servant is listening.”

The gracious divine initiative here is unmistakable: God comes to Samuel, addressing and calling him. The response of readiness, openness and humility is required if one is to hear the voice of the Lord. The posture is one of a servant, serving the Lord, serving the word. Samuel obeys. Samuel declares what he has heard, though he is afraid to do so. His response is full. He hears, he obeys, he declares. “And the Lord appeared again at Shiloh.”

It appears in this context that God’s primary way of revelation and communication with his people is via the prophets—despite the word addressed to Joshua after the death of Moses (see Joshua 1).  Later in Israel’s history, Amos warns that in a time of judgement God will send a famine upon the land:

Amos 8:11-12
Not a famine of bread, nor a thirst for water, but of hearing the words of the Lord. They shall wander from sea to sea and from north to east; they shall run to and fro to seek the word of the Lord but they shall not find it.

God has raised up a willing, responsive and faithful hearer of the word of God, who also becomes a speaker of the divine word that others might hear with the result that “the Lord appeared again at Shiloh, for the Lord revealed himself to Samuel at Shiloh by the word of the Lord” (v. 21). “Recovery for Israel began with a new hearing and a new speaking out of the word of God” (Evans, 41).

The Sinlessness of Jesus 2: Hendrikus Berkhof

Although I cannot agree with some aspects of Berkhof’s christology, I have long appreciated his brief chapter on Jesus’ Life and Humanity (Christian Faith, 293-299).

In the history of theology the life of Jesus has always stood in the dark shadow, on the one hand of the two-nature doctrine, on the other of the doctrine of reconciliation.  … Even today in all kinds of orthodox instruction in the faith the impression is given that Jesus came to earth only to suffer and to die. The fact that the Apostles’ Creed has no article about Jesus’ life, but immediately moves from “born” to “suffered” is also responsible for that. 

Berkhof is correct to insist on the theological significance of Jesus’ life, and not simply his “humanity” understood in a vague or abstract way. Perhaps in the history of theology, it is the Anabaptists who have best understood this. That Jesus was born, grew up as a child, as part of a family, that he worked, hungered and thirsted, loved and served, taught and healed, had compassion, had friendships, suffered and prayed, fasted and went to synagogue, and so on, cannot be incidental to theology, to an understanding of his person and work, or our own person and work.

For Berkhof, Jesus is representative humanity, himself truly human and exhibiting a truly human life. This life was exemplified in his love for and obedience to the Father, and his passionate willing of the Father’s will. As representative humanity, Christ accomplished a kind of priestly work, establishing the covenantal order between God and humanity in his own person, and bringing forgiveness and healing to guilty and wretched humanity.

As such the truly human life is one bound to God in love, fellowship and obedience, and as such, truly free.  Jesus enjoyed, on the basis of his fellowship with the Father, an utter freedom,

with respect to the temple and the cult, synagogue and commandment, priests and scribes, sabbath and government, mother and brothers, food and clothing, property and money, popularity and the power of the state. … It was the fruit of a strong carefreeness, which in turn was born from the absolute priority of the Father and his gracious lordship” (296-297, original emphasis).

Again,

here is the complete structure of what it is to be man, in his threefold relationship to God, the neighbor, and nature. Here is also the highest quality of what it is to be man, as love and freedom. Here human existence has reached its full maturity and therefore has fully become God’s partner and instrument.

Berkhof notes that this account of Jesus’ humanity is typically summed up in the term “sinlessness.” Berkhof considers this an “unfortunate” term as it is “too negative, too static, too limited” (297). He does, however, insist that Christian faith

stands or falls with the belief in Jesus’ sinlessness. But like us all, he had to become what he was. … Jesus did not know that in advance and he felt the full impact of the opposing forces. He had no idea of his sinlessness on which he, encouraged by it, could fall back. … Instead of the negative “sinlessness,” we have in the heading used the word humanity to express the core of Jesus’ life (297).

Berkhof opts for a functional kind of sinlessness in which Jesus did not sin, rather than Jesus was “without sin” (he compares the AV with the RSV to illustrate this difference). It may be that with respect to his being, Jesus was constitutionally unable to sin (this is my language, not Berkhof’s), but “human existence realizes and discloses itself only in a series of choices whose outcome is also for the chooser uncertain in advance, but which in retrospect yields a coherent life pattern” (299).

To consider the question otherwise, suggests Berkhof, is to render Jesus less than human with respect to our perspective of him. This is a pastoral issue, but perhaps also an accurate representation of the New Testament witness with respect to Jesus’ sinlessness.

Scripture on Sunday – 1 Samuel 2:12-36

Read 1 Samuel 2:12-36

Elkanah and his family have returned home, and the focus now shifts to Shiloh, where Samuel remains, serving the Lord. But all is not well at Shiloh, as the first verse of this passage notes: ‘Now the sons of Eli were worthless men. They did not know the Lord.’ The passage has four scenes: first a description of Eli’s sons’ disregard for the peoples’ offerings; second, a brief cameo of Hannah and Samuel’s interaction in succeeding years as Samuel grows; third, Eli remonstrating with his sons over their behaviour and warning them of the dire consequences that will follow; and fourth, a prophecy against Eli and his house by an unknown ‘man of God.’

Perhaps the key verse in the chapter is 30b: ‘for those who honour me I will honour, and those who despise me shall be treated with contempt.’ Associated with this is the prophetic declaration in verse 35 that God will raise up for himself a faithful priest, who shall do ‘according to what is in my heart and in my mind.’ This verse, as well as the contrast in this passage between Hophni and Phinehas on the one hand and Samuel on the other, provide some indication of what it is to honour the Lord. Further definition of this will be provided later in the book, in chapter 12. The verse provides another hermeneutical lens by which to understand the unfolding narrative.

The first scene (vv. 12-17) portrays Hophni and Phinehas’s complete disregard—indeed contempt (v. 17)—for the worship of God’s people, taking the best of their sacrifices—by force if necessary—for their own benefit. Later we hear that they are having sex with the women who serve at the tent of meeting—hopefully not by force—and that this is generally known. In the fourth scene Eli is implicated in their behaviour for he has not restrained his sons, but rather has made himself fat on the offerings of God’s people. He ‘honours’ his sons above God (v. 29). Though God holds Eli responsible for the exercise of his office, he does not diminish the responsibility of Hophni and Phinehas. They have dishonoured God and his worship, their own office and the people. They have abused their position and power, serving themselves rather than God, and mistreating the people of God. God’s judgement will be harsh—both will die on the one day. The priesthood will removed from Eli and given to the as-yet-unnamed faithful priest.

In the midst of all this Samuel ministers to the Lord as a little priest in a linen ephod made for him annually by his mother. Like Jesus (cf. Luke 2:52), Samuel grew physically and spiritually, gaining favour both with the Lord and with others. The simple devotion of Hannah and Samuel contrasts sharply with the lives of Hophni and Phinehas, the “anti-priests” who have inverted their true roles (Murphy, 24).

These episodes show the corrupt state into which the national and religious leadership has fallen. Israel remains a tribal society, though the shrine at Shiloh has become a centre of religious and political focus, with Eli “at the apex of the network of local judges and assemblies, a ‘superjudge’” (Murphy, 12). The narrative, therefore, provides the theological justification for the judgement that will fall upon Eli and his house, as well as continuing the introduction of this special child who will become the final judge in Israel prior to the emergence of the monarchy. Despite Samuel’s presentation as a “little priest,” it is unlikely that he is the faithful priest who will replace Eli and his family. Some commentators suggest that the faithful priest is actually Zadok who served as priest in David’s reign, though Christians might also view this as a foreshadowing of Jesus’ priesthood, for he is the truly faithful priest who has done according to all that is in God’s heart and mind (Evans, 37; cf. 1 Kings 2:35).

The severity of divine judgement promised to Eli and his house reflects the standard of holiness required of God’s ministers, and the distance that this holiness makes between itself and sin (Murphy, 25). Abuse of power, position and privilege is always despicable, even more so when it also involves sexual abuse. When those who claim to represent God engage in these kinds of abuse it is especially reprehensible. In this passage we learn that Yahweh refuses to cohabit with such sin and will hold his ministers to account. Leadership implications for ministers today are plain: God calls us to faithfulness in ministry, to honour God above all else, and to find our ministry within the compass of that who is the “true minister of the sanctuary,” the true faithful witness and high priest: Jesus Christ. Religion without faith and piety is not just hypocritical; it is dangerous.

The Sinlessness of Jesus 1: Donald Macleod

For Donald Macleod, Jesus is ontologically sinless and so incapable of sin. Jesus’ humanity is genuine in every respect, but also utterly sinless. The human nature and flesh assumed by the eternal Son in the incarnation was a sinless human nature, sinless flesh. As such, Jesus Christ was free of both actual sin and inherent sin (Macleod, The Person of Christ Contours in Christian Theology, IVP, 1998, 221).

There was no lust. There was no affinity with sin. There was no proclivity to sin. There was no possibility of temptation from within. In no respect was he fallen and in no respect was his nature corrupt (222).

Macleod develops his own position in dialogue with, and refutation of, Edward Irving’s doctrine, whom he accuses of a Nestorian separation of the human nature from the person of Christ. He rejects Irving’s idea that in the incarnation, the Son assumed a ‘fallen’ human nature on the grounds that “it is impossible to maintain a distinction between ‘fallen’ and ‘sinful.’ Fallen Adam is sinful Adam. Fallen nature is sinful nature, dominated by ‘the flesh’ and characterized by total depravity” (228). According to Macleod, it is not enough to say that Jesus did not sin; one must go further and insist that he was unable to sin.

The crucial issue is whether Christ could have willed to sin. The answer rests entirely on his identity. He was the Son of God, ‘very God of very God’. If he sinned, God sinned. At this level, the impeccability of Christ is absolute. It rests not upon his unique endowment with the Spirit nor upon the indefectibility of God’s redemptive purpose, but upon the fact that he is who he is (229-230).

This is not to say that Jesus knew and relied on his sinlessness. Indeed, faced with temptation, he utilised every resource also available to Christians generally, in order to overcome temptation: scripture, the Holy Spirit’s presence, etc. By standing against and resisting temptation, Jesus serves as an example to all believers.

Macleod’s doctrine raises certain questions. Perhaps most importantly is his view of Jesus’ temptations which he limits to what he calls “sinless human weaknesses”: although Jesus could be tempted by such things as hunger, there was nothing within his person that could issue in temptation. If it is the case, however, that Jesus “was tempted in all things as we are, yet without sin” (Hebrews 4:15), Macleod’s proposal is too narrow, fails to do justice to the portrayal of Jesus’ temptations in scripture, and leaves us with a sense that in fact, Jesus was not really like us at all, and thus not really equipped to be the kind of faithful and sympathetic high priest that Hebrews describes.

Another concern is Macleod’s rejection of Gregory Nazianzus’s teaching that “what is not assumed is not healed.” Macleod rightly notes that this teaching arose with respect to Gregory’s rejection of Apollinarianism, but then proceeds to insist that it can have no relevance beyond that provenance. Is it actually “quite perverse to suggest that ‘the unassumed’ in this statement is ‘fallen human nature’” (224), as Macleod insists? In fact, Apollinaris’s reason for rejecting the idea that Jesus had a human mind was because the mind was “filthy,” a great source of sin.

In the end, Macleod fails to convince. In seeking to say more than what scripture says, he ends up saying less, and in so doing, diminishes the glory of the gospel and the comfort believers can gain from it.

A Prayer on Sunday

Painting by Elizabeth Polfus. See elizabethpolfus.com

Behold, Lord, an empty vessel that needs to be filled.
My Lord, fill it.
I am weak in the faith; strengthen me.
I am cold in love; warm me and make me fervent,
that my love may go out to my neighbour.

I do not have a strong and firm faith;
At times I doubt and am unable to trust you altogether.
O Lord, help me. Strengthen my faith and trust in you.

In you I have sealed the treasure of all I have.
I am poor; you are rich and came to be merciful to the poor.

I am a sinner; you are upright.
With me, there is an abundance of sin;
in you is the fullness of righteousness.
Therefore I will remain with you,
of whom I can receive, but to whom I may not give.

Amen.

(Martin Luther)

What is Marriage? (Part 3)

Chapter three addresses the interest of the state with respect to marriage. Girgis, Anderson and George put the matter simply:

The universal social need presented by relationships that can produce new, dependent human beings explains why every society in the history of our race has regulated men and women’s sexual relationships: has recognized marriage (39).

These relationships alone produce new human beings. For these new and highly dependent people, there is no path to physical, moral, and cultural maturity without a long and delicate process of ongoing care and supervision—one to which men and women typically bring different strengths, and for which they are better suited the more closely related they are to the children. Unless children do mature, they will never become healthy, upright, productive members of society; and that state of economic and social development we call “civilization” depends on healthy, upright, productive citizens. But regularly producing such citizens is nearly impossible unless men and women commit their lives to each other and any children they might have. So it is a summary, but hardly an exaggeration, to say that civilization depends on strong marriages (38).

The reason marriage is regulated by the state is therefore on account of the long-term common good of the society and culture as a whole. As such, marriage is more than a personal arrangement designed to address personal issues; it is a social institution developed to solve a social problem: the care of children that the mere desire for children and the sex that makes children possible, does not solve. Although marriage is universal in practice, however, it is also fragile and costly, requiring a strong marriage culture. Indeed, people “tend to require social pressures to get and stay married” (39).

By regulating marriage entry and exit, and by helping and sometimes requiring the government as well as individuals and civic institutions to treat certain couples as a unit, marriage law sends a strong public message about what it takes to make a marriage—what marriage is. This in turn affects people’s beliefs, and therefore their expectations and choices, about their own prospective or actual marriages (41, original emphasis).

Having argued that marriage is a social institution, the authors go on to argue that it is fitting that the state regulate marriage in order to facilitate society-wide coordination and support of this public good. This regulation of conjugal marriage, however, “need not and should not involve prohibiting any consensual relationship” (42). The aim is to support this vision of what marriage is, not restrict the liberties and relationships of those seeking other forms of relationship.

When considering the social benefits of this particular relationship, the authors suggest that “common sense and reliable evidence both attest to the facts that marriage benefits children, benefits spouses, helps create wealth, helps the poor especially, and checks state power” (42). Citing and utilising numerous research studies, they detail the evidence for each of these claims though also acknowledging that, “obviously, none of this is to suggest that any marriage is perfect or that spouses never fail to live up to their vows. We are speaking here in generalities, in light of the accumulated social-scientific evidence” (117).

The final section of the chapter addresses the criticism that “marriage is not a naturally generated institution with certain essential elements,” but has been “constructed over time” and reflects “larger social power relations” (117). Obviously the authors have already argued that marriage is a basic human good with certain distinguishing and naturally inherent characteristics. They do recognise that the specific characteristics of marriage differ between one period and another, and that other marital forms such as polygamy and arranged marriages have existed in many cultures. Such variations do not invalidate their central claims:

No moral truth of much specificity has enjoyed universal assent … It is natural rather to think that the most basic ethical principles would be most widely held; while those derived from more basic principles would meet with patchier understanding and assent. … What [the conjugal view] considers most basic to marriage—like bodily union and connection to family life—are nearly universal in marriage practice. And what it and our argument treat as grounded in these basics—permanent, exclusive commitment—is less represented (48-49, original emphasis).

For the several thousand years that we have records of philosophical and legal traditions, sexual intercourse between men and women has been regulated. Other forms of sexual intimacy have never been recognized as consummating a marriage, while other matters such as infertility or old age do not void the relationship. “The law [in western traditions over 2400 years] reflected the rational judgment that unions consummated by coitus were valuable in themselves, and different in kind from other bonds” (50).

If it is the case that marriage is simply an endlessly malleable social construction, there is no natural right to marriage that existing laws violate by being defective, and if it is considered just to extend those laws to include other forms of relation, it would be unjust not to recognize other relations such as polyamorous unions unless there were clear and heavy social costs to including them (50-51). Nevertheless, the authors suggest that most advocates on both sides of the current debates reject constructivism. “They agree that marriage has certain necessary features. They only disagree on whether sexual complementarity is one” (52).

Luther, Scripture and Conscience

Scott Hendrix’s comment on Luther’s declaration at Worms is worth repeating:

Although Luther was aware that different interpretations of scripture could be valid, he did not waver. His answer to Von der Ecken was the long version of a blunt statement he had made to Cardinal Cajetan three years earlier: “Divine truth is lord also over the pope, and I do not await human judgment when I have learned the judgment of God.” For Luther, the issue at stake in Worms was not how to interpret scripture but who could interpret scripture and discern the timely truth it contained. His “incontestable arguments” were based on what a text said and not on who offered the interpretation, that is, not on the pope’s interpretation because he was pope. And that his ‘conscience was captive to the word of God’ was not an internal moral meter that measured right or wrong, but loyalty to the highest authority on which one depended for the truth. For Luther in 1521, that authority was the gospel found in scripture.

Luther was a theology professor at an institution that did not promise freedom of speech. He had sworn allegiance both to the Roman Church and to holy scripture, which he was obligated to teach. Initially he saw no contradiction between them. The indulgence controversy, however, forced him to choose, and he confessed to Cajetan that his loyalty to scripture was higher than his loyalty to the pope. His conscience was now captive to scripture and not to papal interpretations of scripture… (106).

What is Marriage? (Part 2)

The second chapter of What is Marriage? sets forth the authors’ rationale for their view of conjugal marriage, which they further define as “Comprehensive Union.” Comprehensive union is grounded in biological and social realities: without bodily union, a relationship cannot be considered “comprehensive” even if it includes other aspects such as companionship and common domestic life. Further, just as the organs of one’s body are coordinated for the single biological purpose of the whole that they form together, just so “for two individuals to unite organically, their bodies must coordinate toward a common biological end of the whole that they form together” (25, original emphasis).

There is one respect in which this highest kind of bodily unity is possible between two individuals, one function for which a mate really does complete us: sexual reproduction. In coitus, and there alone, a man and a woman’s bodies participate by virtue of their sexual complementarity in a coordination that has the biological purpose of reproduction—a function that neither can perform alone. … Here the whole is the couple; the single biological good, their reproduction (26, original emphasis).

The authors note that it is this coordination toward procreation which makes the union, not the achievement of procreation in itself. Comprehensive union is of value in itself, and not simply as a means to an end. Because it has a unitive as well as a procreative function, the failure to conceive a child does not invalidate the bodily coordination.

Because marriage is uniquely ordered to having and raising children, marriage calls for the wide-ranging co-operation of a shared domestic life to support that end: “the demands of marriage are shaped by those of parenting” (28). Again, the argument is not “that the relationship of marriage and the comprehensive good of rearing children always go together. It is that, like a ball and socket, they fit together: that family life specially enriches marriage; that marriage is especially apt for family life, which shapes its norms” (29, original emphasis). Procreation is the good that fulfils and extends a marriage because it fulfils and extends the act that embodies or consummates the commitment of marriage: the same act by which spouses make love also makes new life; it both seals the marriage and brings forth children (30).

The authors continue to use the biological complementarity of the male and female, and the organic analogy to argue for permanence and sexual exclusivity as norms which characterise the marital relation; comprehensive union requires comprehensive commitment. Marriage is possible only between two because no act can organically (bodily) unite three or more parties. The raising of children and establishing of family is an open-ended task calling for whole-of-life commitment and coordination which in turn requires undivided commitment. Divorce and infidelity undermine the stability conducive to this task and commitment. Because the conjugal view of marriage understands it as distinguished by bodily union and its natural fulfillment in children and family life, it is able to make sense of a pledge to sexual exclusivity, which the revisionist view finds difficult to explain (33-34).

An account of marriage must explain what makes the marital relationship different from others. In our view, the kind of union created by consent to marriage is uniquely comprehensive in how it unites persons, what it unites them with respect to, and how extensive a commitment it demands. … In short, as most people acknowledge, marriage involves a bodily as well as mental union of spouses, a special link to children and domestic life, and permanent and exclusive commitment. All three elements converge in, and go to constitute, the conjugal view (35-36, original emphasis).

Continued Soon…

What is Marriage? (Part 1)

What is Marriage? Man and Woman: A Defense (New York: Encounter, 2012) by Sherif Girgis, Ryan T. Anderson, and Robert P. George, began its life as an article in the Harvard Journal of Law and Public Policy (Vol. 34, No. 1, Winter 2010,  245-287), which was both well received and heavily contested. The book is an expansion of the original article as well as a response to the discussion which arose in the aftermath of the article. At the time of publication Girgis and Anderson were doctoral candidates at Princeton and Notre Dame Universities respectively, while George was Visiting Professor at Harvard Law School and Professor of Jurisprudence at Princeton University. The authors also present their argument in person at a Wheatley Institute lecture.

The book is relatively short (xiv + 133 pages) and comprises six chapters together with an introduction, conclusion, and appendix. It is very concisely and clearly argued, as well as carefully circumscribed: they explicitly state that the argument is not about homosexuality, the morality of homosexual acts or their heterosexual counterparts; they are not making a religious argument; they are not offering an historical or social-scientific argument, although these play a supporting role in their argument. They are detailing a philosophical and legal defense of what they term a “conjugal view” of marriage over against a “revisionist view.” The revisionist view informs many heterosexual approaches to marriage and is not limited simply to those advocating same-sex marriage. Nevertheless, that the question is highly conflicted in the present context provides an occasion to revisit the arguments made, and to reflect specifically on the question of same-sex marriage. Finally, I note that the book was published prior to the US Supreme Court decision of June 2015, allowing same-sex marriage, and reflects that milieu and state of play.

The authors set forth their argument in brief, in the introduction:

Our essential claims may be put succinctly. There is a distinct form of person union and corresponding way of life, historically called marriage, whose basic features do not depend on the preferences of individuals or cultures. Marriage is, of its essence, a comprehensive union: a union of will (consent) and body (by sexual union); inherently ordered to procreation and thus the broad sharing of family life; and calling for permanent and exclusive commitment, whatever the spouses’ preferences. It has long been and remains a personal and social reality, sought and prized by individuals, couples, and whole societies. But it is also a moral reality: a human good with an objective structure, which it is inherently good for us to live out.

Marriages have always been the main and most effective means of rearing healthy, happy, and will-integrated children. The health and order of society depend on the rearing of healthy, happy, and well-integrated children. That is why law, though it may take no notice of ordinary friendships, should recognize and support marriages.

There can thus be no right for nonmarital relationships to be recognized as marriages. There can indeed be much harm, if recognizing them would obscure the shape, and so weaken the special norms, of an institution on which social order depends. So it is not the conferral of benefits on same-sex relationships itself but redefining marriage in the public mind that bodes ill for the common good. Indeed, societies mindful of this fact need deprive no same-sex-attracted people of practical goods, social equality, or personal fulfillment.

Here, then, is the heart of our argument against redefinition. If the law defines marriage to include same-sex partners, many will come to misunderstand marriage. They will not see it as essentially comprehensive, or thus (among other things) as ordered to procreation and family life—but as essentially an emotional union. … to the extent that marriage is misunderstood, it will be harder to see the point of its norms, to live by them, and to urge them on others. And this, besides making any remaining restrictions on marriage arbitrary, will damage the many cultural and political goods that get the state involved in marriage in the first place (6-7, original emphasis).

The introduction also provides a sense of the terms “conjugal” and “revisionist,” that the authors use to describe two visions of marriage. The conjugal view sees marriage as a comprehensive union, joining spouses in body and mind, begun by consent and sealed in sexual intercourse. It is “especially apt for and deepened by procreation,” which then calls for broad sharing of domestic and family life. Uniting spouses in an all-encompassing way, it “objectively calls for all-encompassing commitment: permanent and exclusive.” Such comprehensive union is inherently good, though “its link to children’s welfare makes marriage a public good that the state should recognize and support” (3). The revisionist view which has informed marriage policy now for half a century or so, sees marriage “as a loving emotional bond, one distinguished by intensity—a bond that needn’t point beyond the partners, in which fidelity is ultimately subject to one’s own desires. In marriage, so understood, partners seek emotional fulfillment, and remain as long as they find it” (1-2). The view of marriage as an intense emotional bond was ratified by the US Supreme Court judgement.

The first chapter, entitled “Challenges to Revisionists,” begins by claiming that marriage, as traditionally understood, is a basic human good. It is not, of course, the only human good, nor the only means to a good life. To redefine marriage, then, is not simply to change a legal artefact or title, but to misunderstand a basic human good, and so to diminish the possibility of living out the real thing (14). The chapter argues that the revisionist view fails on its own terms, for it cannot coherently account for the three points common to both sides of the debate: that the state has an interest in regulating certain relationships; that interest exists only if the relationships are sexual; and it exists only if they are monogamous (15).

If you insist as a matter of principle that we should recognize same-sex relationships as marriages, the same principle will require you to accept (and favor legally recognizing) polyamorous—and, as we saw above, nonsexual—relationships as marriages. In other words, on the best accounts on which two men or two women can marry, marriage consists of emotional union and domestic life. But as pleasing and valuable as emotional union can be, there’s nothing about marriage so understood that also requires it to be dyadic, sexually closed, or even sexual at all. Yet bonds that lack these features just aren’t marriages. So the best theories by which any two men or women can marry are mistaken: they get other, less disputed aspects of marriage wrong. … As we deprive marriage policy of definite shape, we deprive it of public purpose. Rigorously pursued, the logic of rejecting the conjugal conception of marriage thus leads, by way of formlessness, toward pointlessness: it proposes a policy for which it can hardly explain the benefit (20-21, original emphasis).

Continued tomorrow…