Read the assigned chapters in the textbook for the Module: Week and review
the Biblical Principles of Criminal Justice and Government. Then answer the
following questions using both the presentation and readings in the textbook.
In your opinion and biblically what should be the goals and purposes of the criminal law?
In your opinion, what seems to be the actual goals of the criminal law, as carried out by
the criminal justice system?
What role should restorative justice play? What role does it play?
Liberty University Journal of Liberty University Journal of
Statesmanship & Public Policy Statesmanship & Public Policy
Volume 1 Issue 1 Article 3
July 2020
Biblical Principles of Government and Criminal Justice Biblical Principles of Government and Criminal Justice
Kahlib J. Fischer
Liberty University
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Fischer, Kahlib J. (2020) "Biblical Principles of Government and Criminal Justice,"
Liberty University
Journal of Statesmanship & Public Policy
: Vol. 1 : Iss. 1 , Article 3.
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1
Introduction
The following is an overview of Biblical precepts related to government and criminal
justice. Before moving to specific points of application, it is necessary to establish a paradigm
for what it means to have a Biblical worldview in general, and for what it means to know and
understand the nature of truth. So this paper is as much about pedagogy and hermeneutics as it is
about content. But more than that, this paper is about living out the Gospel in all areas of life, of
which Church, State, Society, and Soul are all parts.
Worldview & Hermeneutics
Legal and Political Hermeneutics and Biblical Interpretation
The battle of ideas begins in part due to differing interpretations of what is right and true.
We affirm that truth is not merely subjective or relative, that it is not merely beholden to context,
personal and institutional experience, or subconscious assumptions, though all these influence
one’s ability to understand the truth. As subjects—that is, as created beings—we can know
objective truth. We deny the relative’s lie that, as subjects, we cannot be cognizant of objective
reality. We are the subjects; God’s truth is objective (that is, it is unaffected by subjects). We
believe according to the Bible that we can obtain objective knowledge even though we cannot
obtain it exhaustively. We are engaging the actual world, although imperfectly, and are fulfilling
that which God commanded from the very beginning which was to “be fruitful and multiply and
fill the earth the earth and subdue it” (Genesis 1:28, ESV). And we can also communicate the
truth to others, and discuss it logically. Of course, it is not enough to know true things.
Humankind is invited to know the embodiment of truth, which is Jesus Christ (John 14:6; Col.
2:3). Truth, by nature of being true, is both simple and complex, and words, meanings, and
ideas often overlap with one another because ultimately they all point back to the source of truth,
God himself. Thus, we reject narrow, reductionist perspectives on truth and meaning, which can
be based upon a false assumption that we create truth rather than discover it, and its related false
assumption that we compete for space with others to make our creation of truth known. Rather,
the Biblical definition of truth requires that we collaborate with and encourage one another in the
pursuit of truth, because that pursuit is a pursuit of God and an act of worship. Imagine then, that
an academic institution would be a place of corporate worship as we study, teach, and challenge
one another to know Christ more fully as Scripture urges us to do.
Certainly, we hold that the Bible is the starting point for what is true, and all that we
believe about government and society must derive from Scripture. We acknowledge the
importance of a solid hermeneutic for interpreting Scripture so that both the spirit and the letter
of the law are understood. Thus, we ultimately acknowledge that apart from divine guidance, our
own sinful and frail understanding of what is real and true will always lead us astray (Jeremiah
17:9). This is of course the very problem that Christ came to rectify through his saving work on
the cross.
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History of Worldviews
The Medieval period certainly favored Christian influence
1
. While the Italian
Renaissance did advance some elements of humanism, Christianity remained the dominant
worldview of Europe until the Enlightenment, which critiqued the Christian paradigm, setting the
stage for increased secularism
2
. These early moderns rejected the supernatural, basing truth and
meaning in reason. One of its more successful myths, the “Conflict Metaphor” states that
historical Christianity is hostile to modern scientific reasoning. But this metaphor is over-stated
and highly misleading, both historically and philosophically
3
,
4
. Rather than rejecting the value of
logic and the scientific method, we argue that logic can only exist in a universe ordered by a
sentient, intelligent Creator and the same is true for the scientific method.
Postmodernism arose as a rejection of both Modernism and Christianity. It rejected
Modernism because of its reductionist treatment of the human soul, and because the combination
of science and technology, rather than being the salvation of man, was actually a means of its
destruction
5
. It rejected the high view of logic which Modernism espoused because logic was
seen as a way for one culture to exploit other groups—women, minorities, and the weak—
whether through the actions of one nation against others or one socio-cultural group against other
groups
6
.
Postmodernism rejects Christianity for many of the same reasons. Christ’s claim to be the
only way, truth and life (John 14:6) is seen as chauvinistic and arrogant, and the foundation for
racism, exploitation of others
7
and even the exploitation of the environment
8
. However,
postmodernism also unravels because it also is a narrative that requires a logical explanation. It is
one thing to decry a laundry list of isms like racism and chauvinism, but doing so requires a
fixed understanding of what is right and wrong—something which Postmodernism largely
rejects.
9
A Definition of a Christian Worldview
We are left then with a Christian worldview as the foundation for what is true and good.
A comprehensive worldview must explain what is true (epistemology), what is good (axiology)
and who we are as humans (ontology and teleology). A Christian worldview accomplishes all of
1
Russell Kirk, The Roots of American Order (Wilmington, DE: ISI Books, 2014), 171-174.
2
Margaret Jacob, “The Enlightenment Critique of Christianity,” in In The Cambridge History of
Christianity, edited by Stewart J. Brown and Timothy Tackett, (Cambridge: Cambridge University Press, 2006),
256.
3
James Hannam, “Modern Science's Christian Sources: James Hannam Explodes the Persistent Myth that
Medieval Christianity Impeded the Growth of Science,” First Things: A Monthly Journal of Religion and Public
Life, 216, (2011): 47.
4
Richard G. Olson, “The Refashioning of Christianity and Science,” The World & I, 15, no. 10 (2017):
154.
5
Charlene Spretnak, Resurgence of the Real (New York, NY: Routledge, 199), 5.
6
Gene Edward Veith, Jr. and Marvin Olasky, Postmodern Times: A Christian Guide to Contemporary
Thought and Culture (Wheaton, IL: Crossway, 1994), 49.
7
Leonce Galter, “The Legacy of White Christian Chauvinism in Arizona’s Ethnic Studies Bill,” HuffPost,
May 13, 2010, https://www.huffpost.com/entry/this-legacy-of-white-chri_b_573539.
8
Paul Maltby, "Fundamentalist Dominion, Postmodern Ecology," Ethics and the Environment 13, no. 2
(2008): 119.
9
Veith and Loasky, Postmodern Times, 49.
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these things by providing an adequate foundation for truth, beauty, values, purpose, meaning,
and human individuality and purpose.
According to Scripture, Jesus Christ is our starting point. As the divine Logos, the living
Word of God, Jesus affirmed both truth (epistemology) and humanity when he took on flesh and
dwelt among us (John 1:1-5) (ontology and teleology). He fulfilled our ultimate, eternal purpose
by dying on the cross, rising from the dead, and freeing us from the punishment of sin. In doing
so, he fulfilled both perfect love and perfect justice (axiology). As fully man, he received the full
punishment man deserved; righteousness was not waived or compromised on the cross. As fully
God, he was able to save man because he was the perfect sacrifice, so then God’s love was not
compromised either. At the cross, “Steadfast love and faithfulness meet; righteousness and peace
kiss each other.” (Psalm 85:10, ESV).
A Christian Worldview Pedagogy
As Christian educators, we face the challenge of teaching government and criminal
justice from a Biblical perspective. To do so, we affirm both the inherent dignity of our students
and the reality of absolute truth and goodness. As an act of love, we uphold our students to the
high standards required by truth. We do so by way of engaging their ideas, challenging them to
think more deeply about the topics being studied, and bringing the light of God’s Word to bear
on the topic. So, on the one hand, we are in a position of authority, but that of servant leadership
as described in Matthew 20:28 and elsewhere in Scripture. On the other hand, we are brothers
and sisters in Christ, working with our students to discover deeper layers of God’s truth in all
that we teach.
Absolute Truth & Inerrancy of Scripture
All of this assumes the inerrancy of God’s Word, first and foremost. The Bible is a collection
of books written by various others, inspirited by the same Holy Spirit. Taken together, these
books tell us of a righteous, loving God, making man in his own image, and through Jesus
Christ, freeing man from the sin he heaped upon himself in rebellion to God. The following then
seeks to provide an overview of the key ideas and themes of Scripture which relate to
government. The best way to find Biblical principles is to avoid using just one verse here and
there, but instead to look for general principles which are evident throughout Scripture and to
apply those principles accordingly. The discussion below illuminates major Biblical themes and
then provides points of application. These general themes are:
• God is the source of all truth, power, and authority
• Man is sinful
• Jesus Christ is the only means of salvation
• Faith in Christ must be freely received as in a gift
• Loving accountability in Christ
From these general themes, the following Biblical principles of government and criminal justice
can be extrapolated:
• Inalienable rights
• Limited government
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• Justice
• Covenantal relationships
• Institutional separation of Church and State
• Sin-crime distinction
• Free market Economics
• Just War and the use of force
Key Doctrines
The following are key doctrines from Scripture which inform more specific applications
to the area of government and public policy.
Sovereignty of God
God is the absolute source of truth, beauty and love, and in fact is love and truth. In his
triune-essence, God is both individual and communal; so too we were meant to experience love
and truth in personal ways through Christ, and in a community with others, also through Christ
(Isiah 57:15, John 14:26, John 15:26, I Corinthians 8:6, and Colossians 2:9-10).
As it relates to an understanding of government, law, and criminal justice, we are
reminded of the natural law tradition, in which lawmakers assumed an inherent sense of right and
wrong from our Creator and as defined in Scripture, which in turn protects the right of the
people.
10
Sinfulness of Man
God made man in his image (Genesis 1:26-28), and gave him the freedom of choice.
Rather than choosing to know God more deeply and more fully, Adam and Eve chose the false
path of trying to be as God. In that choice they became slaves to sin, but the plan of salvation
was introduced through the “second Adam,” Jesus Christ (Genesis 3:15).
Self-Government & Inalienable Rights
We are made in God's image and thus we possess inalienable rights: those rights that
cannot be taken away, nor can they be given away, specifically life, liberty, and property. These
things are supported in Scripture by virtue of being made in God’s image and by various
commandments from the Old Testament (Genesis 1:26, 9:6, the Ten Commandments) as well as
the most basic commandment affirmed in both the Old and New Testaments to love God and
love others (Matthew 22:37-40).
Adam was called to be fruitful, to multiply, and to take dominion. This implies the use of
property and liberty. But it was to be done in obedience to God and out of worship, not for
selfish ends. Self-defense then should occur only as a means of restraining evil, and there may be
times when fighting and military advancement are necessary to stop evil. Therefore, if we are
allowed to use self-defense to protect our lives and our freedoms, it can be argued then that
government should also have that power, but that it should be limited primarily to the same
10
Daniel J. Elazar, “The political theory of covenant: Biblical origins and modern developments," Publius
10, no. 4 (Autumn 1980): 10.
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realm of authority that we have in defending ourselves or those in serious harm. And that is why
protecting inalienable rights is so important—it defines the key things for which we might use
self-defense—basic life, liberty, and property.
Government exists to protect our inalienable rights and ensure justice. Citizens should
participate in the political process as a means of limiting tyranny. Because these rights cannot be
taken away, government must be limited so it does not overstep its bounds and threaten personal
rights. On the other hand, government must have sufficient power to protect these rights.
The Bible says that we are to love our neighbors as ourselves. We do not violate the
inalienable rights of our neighbors because they are made in God’s image. But the converse is
also true—we are not permitted to violate and purposefully destroy our inalienable rights, and
government in turn is obligated to prevent such self-violations. This is different from serving as a
martyr for God’s Word or dying on the battlefield. These types of actions are done in service to
others and to God. On the contrary, abdicating to evil, whether through some destructive
personal behavior such as drug addictions or by allowing tyranny to gain power in a free society
could both be seen as violating one’s inalienable rights. We argue that the Bible as a whole
supports a view of negative freedom with respect to government intervention—meaning that the
State must protect those rights, rather than provide them. Intimations of positive liberty are
present in the Old Testament prophets, but as a whole the emphasis on freedom as non–
interference in Scripture is pronounced. Similarly, Richards has described the connection of
Biblical principles to property rights, which are typically viewed as an important component of
negative liberty
11
.
An off-shoot of these premises is that humans are called to self-government. We must
live in the liberty that comes with obedience to God, lest we become slaves to sin (Romans 6:17-
18). Slavery to sin has more than just personal impacts—it either leads us to control and exploit
the rights of others or to allow ourselves to be controlled and exploited by tyrants or other
oppressors (Mark 7:20-23).
Law and Jurisdictions
Government should be limited because God is the ultimate source of truth, power and
authority. This acknowledgement of God’s sovereignty was seen historically in the tradition of
natural law as articulated by jurist like Coke and Blackstone. Further, government should be
limited because man is sinful; thus no one political party or leader should be unaccountable or
have unlimited power.
A well-designed system of government will have built-in accountability measures that
allow the people to intervene in a non-violent way should laws, rulers, or agencies become
tyrannical. This speaks to the importance of checks-and-balances, rule by consent, use of a
Constitution, etc., etc. If rulers do not submit to these, they must be removed from office. There
may be times, however, when this is not possible because the system of government itself is so
corrupt that no minor interventions will suffice. "Breaking of fellowship" in the political context
may look like resistance, peaceful rebellion, martyrdom, or war.
Finally, all authority comes from God, as noted above in our discussion about natural
law. Romans 13:1-4 lays out further guidelines for this. In short, government must always
11
Jay W. Richards, “The Biblical Roots of Private Property,” Institute for Faith, Work & Economics, May
23, 2013. https://tifwe.org/the-biblical-roots-of-private-property/.
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operate under the authority given to it by God. Similarly, as noted above, all rights come from
God and can neither be abdicated by individuals nor seized by the State.
Justice
Scripture affirms that just and fair dealings should be linked to every aspect of
government—executive, legislative, and judicial, which includes prohibitions against perjury and
slander
12
. This view of justice involves protecting the weak from the rich and powerful, as the
prophets warn of impending doom on those who use their wealth to gain political influence via
corruption and graft (Isaiah 10:1-2). But the Biblical view of justice goes further than that,
warning that while the rich certainly exploit the poor, that the real problem of evil is a personal,
spiritual one.
This is in contrast to a view of justice that solely focuses on external factors and
economic processes (such as Marxism) or injustice that is inherent to the structure of society
itself (such as distributive justice). A Biblical view of covenant further requires law enforcement
agencies and personnel to be accountable to the people and to be meaningfully engaged with
them. Practices such as Community Based policing and restorative justice, therefore, have a
Biblical foundation.
Covenant and Sphere Sovereignty
The Biblical idea of covenant, stipulates that power be shared via a freely formed
covenantal agreement to protect the rights of all members
13
, and affirms a view of limited
government by way of federalism, such as how power is shared among the States and the federal
government
14
. In fact, the impact of covenantal/federal theology by way of the Protestant
Reformation played a key role in influencing America’s system of government.
15
The covenantal nature of Scripture suggests that power should be shared among various
“spheres” of authority throughout society: including: a) the individual, b) the family, c) the
church, d) state and local communities, e) businesses, f) non-profits, and of course, g) the
national government. The Dutch politician Abraham Kuyper articulated this idea of sphere
sovereignty based upon the idea of covenant.
16
All of these spheres are accountable to one
another and must not transgress the other domains of authority. This is one reason that the
institutions of Church and State must be separate, which will be discussed below. Further, these
various spheres need one another. The State cannot remedy spiritual concerns, just as the
Church, for instance, cannot deal with injustices related to the violation of inalienable rights.
12
R. Laird Harris, Gleason L. Archer, Jr., and Bruce K. Watke, Theological Wordbook of the Old
Testament. Volumes 1 & 2. (Chicago, IL: The Moody Press, 1980): 948.
13
Daniel J. Elazar, Covenant and Polity in Biblical Israel: Biblical Foundations and Jewish Expressions
(New Brunswick: Transaction Publishers, 1995), 22-23.
14
James W. Skillen and Society of Christian Ethics, "Covenant, Federalism, and Social Justice," The
Annual of the Society of Christian Ethics 20, (2000): 113.
15
Donald S. Lutz, “Religious Dimensions in the Development of American Constitutionalism,” Emory Law
Journal 39, no. 1 (1990): 22.
16
Timothy Keene, “Kuyper and Dooyeweerd: Sphere Sovereignty and Modal Aspects,” Transformation
33, no. 1 (2016): 67.
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Church-State
The institutions of Church and State are separate as a means of protecting freedom of
conscience and liberty. Christ was not interested in using political or military power to enforce
his kingdom. What results from the building of Christ's kingdom is not a military or political
kingdom but the Church. Thus, we have the Doctrine of the Two Swords: the Church bears the
sword of excommunication, which is the process of persuasion and church discipline for those
who, claiming to be Christian, willingly disobey the Word of God
17
. The State bears the sword of
execution, which constitutes its authority to punish those who violate the inalienable rights of
others, ultimately to the point of capital punishment for murder (Genesis 9:6).
Domestic policies dealing with issues like poverty are also problematic if and when they
ignore the spiritual components of problems like poverty, such as emotional brokenness, poor
stewardship, and the power and destruction of addictive behaviors. It is vital, therefore, that the
Church have an active and engaged role in such issues. Where the Church abdicates, the State
will overstep. Where the State oversteps, tyranny will increase.
Sin-Crime Distinction
The Sin/Crime distinction further helps us understand the different roles of Church and
State:
All crimes are sins, but not all sins are crimes.
The State prosecutes and tries to prevent crimes. Crimes are only those sins that comprise a
violation of inalienable rights, whether a person’s own inalienable rights (suicide,
addictive/destructive behaviors, etc.) or the inalienable rights of others.
If we understand that we as individuals may only use physical force to protect ourselves
and others in extreme, life threatening circumstances, we understand that the same is true of the
State as well—it can only use its God-given authority and force to prevent crimes which amount
to violations of inalienable rights. Meanwhile, the Church, in participation with the power of
God’s Word and Spirit, seeks to address other types of sin which do not equate to crime. Matters
of conscience and personal obedience to the Lord, therefore, cannot be coerced with political or
physical power.
Policy Applications
Abortion, Human Trafficking, and Inalienable Rights
We affirm that life begins at conception and that therefore, the State must protect the
unborn unequivocally. We also affirm that human trafficking is likewise a clear violation of
inalienable rights.
17
David Vandrunen, “The Two Kingdoms Doctrine and the Relationship of Church and State in the Early
Reformed Tradition," Journal of Church and State 49, no. 4 (2007): 749.
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Hate Speech, Hate Crimes, and Liberty
A Postmodern, Critical Theory approach to political activity notes that often the words
we use in public discourse can, in and of themselves, become a means of exploitation because
they further the structural racism and injustice inherent in society
18
. Thus, a Postmodern
approach would favor hate crime legislation which would provide additional punishment for
actions which appear to be motivated by hatred, bigotry, and racism, and would also prohibit any
speech which falls in the same category.
A Scriptural approach is contrary to this for several reasons. First, speech, in and of itself,
is not a violation of inalienable rights—only actions are. Meanwhile, banning free speech is a
violation of inalienable rights because it restricts freedom of conscience, no matter how
deplorable the language may be. Hate crime legislation distorts justice because it gives the State
the apparent ability to discern the thoughts and intents of the heart—much to the delight of
tyrants everywhere. Besides, hatred is always at the basis of any crime, whether it is fueled by
racism or just blatant disregard of the victim’s rights.
Structural Racism and Inequality
The Bible never condones the slavery perpetuated in the South. Rather, it speaks of
temporary “indentured servants” who had rights
19
. The Bible supports limited government that
allows people to work hard and succeed. While we favor States Rights because it limits
government, we should be quick to denounce how it has been used to further racism. Some have
argued that racism was a spiritual problem, and thus had to be solved by the Church. Though
true, racism certainly has political manifestations, and government should therefore intervene
particularly when voting rights and other freedoms have been hindered based on race.
The problem of racism has been further exacerbated in local communities, where
shootings of African Americans by police officers have come under significant scrutiny, and
rightly so. On the more immediate, local level, what does the Bible have to say about how police
officers should conduct themselves? According to Biblical and covenantal principles, our attitude
should reflect how we as citizens “are all in this together.” We should be accountable to one
another and care for one another.
Community policing is an approach where police officers are properly trained to go into
the communities they are serving and develop relationships with the citizens who live there. That
creates a context of relationship and can help improve police accountability and trust to the
community. Active dialogue and mutual accountability and care are vital for a healthy
relationship between the police force and the community it is serving.
20
Related is the idea of
restorative justice, where victims of crimes work with a mediator and the perpetrator to gain
some measure of reconciliation and remediation rather than merely having the accused serve jail
18
Sofia A. Villenas, and Sophia L. Angeles, "Race Talk and School Equity in Local Print Media: The
Discursive Flexibility of Whiteness and the Promise of Race-Conscious Talk," Discourse: Studies in the Cultural
Politics of Education: The Edge of Race: Critical Examinations of Education and Race/Racism 34, no. 4 (2013):
513.
19
Paul Copan, Is God a Moral Monster? Making Sense of the Old Testament God (Grand Rapids, MI:
Baker Books, 2011), 133.
20
Mark A. Glaser and Janet Denhardt, "Community Policing and Community Building: A Case Study of
Officer Perceptions," The American Review of Public Administration 40, no. 3 (2010): 309.
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time.
21
In some instances, this can be far more redeeming not only for the victim, but also for the
offender.
22
Social Welfare Policy
The Bible is clear that we are to care for the poor, and there appears to be a dual emphasis
on both the Church and State being involved, but in different ways. The State is mainly involved
to prevent corruption and exploitation of the poor, which is common in political systems (see
again Isaiah 10:1-2) as well as by ensuring that the free market is just and fair. This would
include a prohibition of rentier capitalism
23
24
and crony capitalism.
25
Meanwhile, if government
is only involved in matters that pertain to inalienable rights, then it would be argued that social
welfare and caring for the poor belongs largely to the Church and the community at large.
Sexual Identity, Marriage and the Family
The Bible is clear that homosexuality is a sin (Romans 1:26-27; I Corinthians 6:9-10, I
Timothy 1:910). Therefore, we cannot support the State in its efforts to, in essence, “sanctify”
same-sex marriage. The Church, meanwhile, is slowly reacting to the reality that the homosexual
issue in particular is going to lead to some very interesting criticisms. Our hope is not
“Americana” or the “good ole’ days” (especially when those days included things like
segregation and institutional racism!)—our hope is Christ and Christ alone.
To the postmodern, the Church’s efforts to defend the sanctity of marriage and gender
distinctions as a picture of God’s glory and his intended intimacy for us is seen as nothing more
than a last ditch power grab by those who used to be in control. And it does not help that in times
past, the Church has in fact been hateful and dismissive of those who genuinely wrestle with
their sexual identity and what that means. Rather than inviting vulnerability and healing, the
Church (and society as a whole) has encouraged scorn, shame, and hatefulness. This is what
happens when society embraces “moralism” rather than Christ, and in its efforts to criticize this
self-righteousness, Postmodernism has of course also ended up rejecting the gospel.
Economics
We affirm a Biblical, covenantal view of free trade and capitalism, where people can
freely engage in economic activity, in accordance with their God-given gifts and talents, with
limited government intervention. So long as people are operating with justice and integrity, and
so long as they are in good faith bringing value to their customers and customers want to
21
Gliean G. McCluskey, Lloyd, J. Stead, J. Kane, S. Riddell, and E. Weedon, "'I was Dead Restorative
Today': From Restorative Justice to Restorative Approaches in School," Cambridge Journal of Education 38, no. 2
(2008): 200-201.
22
Alana Saulnier and Diane Sivasubramaniam, “Restorative Justice: Underlying Mechanisms and Future
Directions,” New Criminal Law Review 18, no. 4 (2015): 513.
23
Firat, Demir, "The Rise of Rentier Capitalism and the Financialization of Real Sectors in Developing
Countries," Review of Radical Political Economics 39, no. 3 (2007): 352.
24
S I Ebohon (Snr), "State and Rentier Capitalism in Nigeria: The Political Economy of Hydrocarbon
Nationalism and Dependence Reproduction," Journal of Third World Studies 30, no. 1 (2013): 209.
25
Robert M. Whaples, “The Road to Crony Capitalism: An Introduction,” Independent Review 23, no. 3
(2019): 325.
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continue to purchase their goods or services, they should be permitted to do so. However, a
Biblical view of covenant requires that we reject materialism and greed and remember to care for
the poor and to protect the environment while doing business. This is in keeping with Genesis
1:28.
Just War and the Use of Force
Because man is fallen and, thus, there will be no perfect governments until Christ returns,
war is an inevitable reality in this world (Matthew 24:6). Whether it is a terrorist threat thousands
of miles away or an evil dictator who is killing civilians within his country or a violent militia
kidnapping and enlisting child soldiers, we are regularly confronted with whether our country
should act with military force. In his famous work, City of God (426 A.D.), the theologian
Augustine detailed the most significant and profound statement of a Biblical view of war. As
Augustine writes, all good men would wish to wage no wars at all. However, a just war is
justified “only by the injustice of an aggressor”
26
Because God has commissioned governing
authorities to primarily protect the citizens under their care, it is a God-given mandate for civil
authorities to fight against unjust aggressors. Therefore, as a general rule, defensive wars are
imperative and offensive wars are prohibited.
Conclusion
Jesus said, “Enter by the narrow gate. For the gate is wide and the way is easy that leads
to destruction, and those who enter by it are many. For the gate is narrow and the way is hard
that leads to life, and those who find it are few” (Matthew 7:14-15, ESV). Obedience to Christ is
fraught with peril because we are always called to walk the fine line between extreme positions
and over-reactions. On the one hand, there is legalism and self-righteousness, in which outward
conformity to religion masks nefarious motives like racism and chauvinism. On the other hand is
licentiousness, which in the name of valuing freedom and acceptance for everyone, often
involves a devaluing of the marriage covenant, of human life itself in the form of legalized
abortion, and the abandonment of sexual and gender norms meant to point to God’s glory and the
beauty of marital intimacy and love. Further, this extreme is so focused on personal freedoms
that freedom of speech is ironically devalued lest someone offend someone else by speaking the
truth and challenging others.
We therefore come to the end by embracing the beginning, the beginning of this paper,
and above all, the beginning of it all—the Alpha and Omega, Jesus Christ, the living Word of
God, the ultimate source of Goodness and Truth (Revelation 1:8). We cannot teach or live well
apart from knowing Him and His Word through the power of the Holy Spirit. Even so come,
Lord Jesus!
26
Thomas Massaro, SJ and Thomas A. Shannon, Catholic Perspectives on Peace and War (Lanham, MD:
Rowman & Littlefield Publishers, 2003): 10.
10
Liberty University Journal of Statesmanship & Public Policy, Vol. 1, Iss. 1 [2020], Art. 3
https://digitalcommons.liberty.edu/jspp/vol1/iss1/3
11
Bibliography
Copan, Paul. Is God a Moral Monster? Making Sense of the Old Testament God. Grand Rapids,
MI: Baker Books. 2011.
Demir, Firat. "The Rise of Rentier Capitalism and the Financialization of Real Sectors in
Developing Countries." Review of Radical Political Economics 39, no. 3 (2007): 351-
359.
Ebohon, S I (Snr). "State and Rentier Capitalism in Nigeria: The Political Economy of
Hydrocarbon Nationalism and Dependence Reproduction." Journal of Third World
Studies 30, no. 1 (2013): 209-234.
Elazar, Daniel J. “The political theory of covenant: Biblical origins and modern developments."
Publius 10, no. 4 (1980): 3-30.
Elazar, Daniel J. Covenant and Polity in Biblical Israel: Biblical Foundations and Jewish
Expressions. New Brunswick: Transaction Publishers, 1995.
Galter, Leonce. “The Legacy of White Christian Chauvinism in Arizona’s Ethnic Studies Bill.”
HuffPost, May 13, 2010. https://www.huffpost.com/entry/this-legacy-of-white-
chri_b_573539.
Glaser, Mark A. and Janet Denhardt. "Community Policing and Community Building: A Case
Study of Officer Perceptions." The American Review of Public Administration 40, no. 3
(2010): 309-325.
Hannam, James. "Modern Science's Christian Sources: James Hannam Explodes the Persistent
Myth that Medieval Christianity Impeded the Growth of Science." First Things: A
Monthly Journal of Religion and Public Life, 216 (2011): 47.
Harris, R. Laird, Gleason L. Archer, Jr., and Bruce K. Watke. Theological Wordbook of the Old
Testament. Volumes 1 & 2. Chicago, IL: The Moody Press, 1980.
Keene, Timothy. "Kuyper and Dooyeweerd: Sphere Sovereignty and Modal
Aspects." Transformation 33, no. 1 (2016): 65-79.
Kirk, Russell. The Roots of American Order. Wilmington, DE: ISI Books, 2014.
Jacob, Margaret. “The Enlightenment Critique of Christianity.” Chapter. In The Cambridge
History of Christianity, edited by Stewart J. Brown and Timothy Tackett, 7: 265–282.
Cambridge History of Christianity. Cambridge: Cambridge University Press, 2006.
Lutz, Donald S. "Religious Dimensions in the Development of American Constitutionalism."
Emory Law Journal 39, no. 1 (1990): 21-40.
Maltby, Paul. "Fundamentalist Dominion, Postmodern Ecology." Ethics and the Environment 13,
no. 2 (2008): 119-41.
11
Fischer: Biblical Principles of Government and Criminal Justice
Published by Scholars Crossing, 2020
12
Massaro, Thomas SL and Thomas A. Shannon. Catholic Perspectives on Peace and War.
Lanham, MD: Rowman & Littlefield Publishers, 2003.
McCluskey, Gilean, G. Lloyd, J. Stead, J. Kane, S. Riddell, and E. Weedon. "'I was Dead
Restorative Today': From Restorative Justice to Restorative Approaches in
School." Cambridge Journal of Education 38, no. 2 (2008): 199-216.
Olson, Richard G. "The Refashioning of Christianity and Science." The World & I 15, no. 10
(2000): 154.
Richards, Jay W., “The Biblical Roots of Private Property.” Institute for Faith, Work &
Economics, May 23, 2013. https://tifwe.org/the-biblical-roots-of-private-property/.
Saulnier, Alana and Diane Sivasubramaniam. "Restorative Justice: Underlying Mechanisms and
Future Directions." New Criminal Law Review 18, no. 4 (2015): 510-536.
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Justice." The Annual of the Society of Christian Ethics 20, (2000): 111-118.
Spretnak, Charlene. Resurgence of the Real. New York, NY: Routledge, 1999.
Vandrunen, David. "The Two Kingdoms Doctrine and the Relationship of Church and State in
the Early Reformed Tradition." Journal of Church and State 49, no. 4 (2007): 743-763
Veith, Gene Edward, Jr and Marvin Olasky. Postmodern Times: A Christian Guide to
Contemporary Thought and Culture. Wheaton, IL: Crossway, 1994.
Villenas, Sofia A. and Sophia L. Angeles. "Race Talk and School Equity in Local Print Media:
The Discursive Flexibility of Whiteness and the Promise of Race-Conscious
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12
Liberty University Journal of Statesmanship & Public Policy, Vol. 1, Iss. 1 [2020], Art. 3
https://digitalcommons.liberty.edu/jspp/vol1/iss1/3
CJUS 400
DISCUSSION ASSIGNMENT INSTRUCTIONS
The student will complete 4 Discussions in this course. The student will post one thread of 300 –
500 words by 11:59 p.m. (ET) on Thursday day of the assigned Module: Week. The student must
then post 2 replies of at least 150 – 250 words by 11:59 p.m. (ET) on Monday of the assigned
Module: Week. For each thread, students must support their assertions with at least 1 scholarly
citations in current APA format and quote 1 Scripture in support of the thread. Each reply must
incorporate at least 1 scholarly citation in current APA format. Any sources cited must have been
published within the last five years. Acceptable sources include scholarly journals (not the
textbook but should include the Bible, etc.).
This course utilizes the Post-First feature in all Discussions. This means you will only be able to
read and interact with your classmates’ threads after you have submitted your thread in response
to the provided prompt.
C R P
Initial Post:
Content 40 to >35 pts
Advanced
• Each question/prompt is
answered thoroughly and
logically.
• Major points are stated clearly
and effectively.
• Clear, logical flow to post;
stayed on topic.
• Personal examples are used
appropriately
35 to >27 pts
Proficient
• Most
questions/prompts are
answered.
• Major points are stated
clearly and effectively for
the most part.
• Post is clear, logical
and focused for the most
part.
• Personal examples are
overused.
27 to >0 pts
Developing
• Most prompts/
questions are
answered.
• Lack of clarity,
coherence, logic and
focus in key areas.
• Personal
examples are
over-relied upon.
0 pts
Not
Present
40 pts
Initial Post:
Research
Engagement
18 to >15 pts
Advanced
• Ideas from the reading and
presentations from the Module:
Week are integrated.
• One (1) “outside” (not from
class) scripture is incorporated
into the post.
• One (1) “outside” (not from the
text or class) “scholarly” reference
(Journal or Law Review) is
incorporated into the post.
15 to >12 pts
Proficient
• Some ideas from the
reading and
presentations from the
Module: Week are
incorporated.
• Scripture is used but
not incorporated.
• Scripture is not
“quoted” for context.
• Reference is used but
not scholarly.
• Reference is not
incorporated.
12 to >0 pts
Developing
• Readings and
presentations from
the Module: Week
are not incorporated.
• No “outside”
scripture
incorporated.
• No “outside”
reference
incorporated.
0 pts
Not
Present
18 pts
Discussion Grading Rubric | CJUS400_B03_202230
C R P
Replies:
Content 30 to >26 pts
Advanced
• One reply posted to each of 2
classmates’ threads.
• It’s clear what the other
student’s said.
• There was a detailed “analysis”
of the other student’s reasoning.
• In addition to analysis, the post
moves the other student’s post
forward, with new ideas,
questions, and research.
• One (1) “outside” (not from the
text or class) “scholarly” reference
(Journal or Law Review) is
incorporated into the post.
26 to >20 pts
Proficient
• One reply posted to
each of 2 classmates’
threads.
• It’s not clear what the
other student said.
• No “analysis” of the
other student’s reasoning
• New ideas, research,
questions, and analysis
are not included.
• Reply posts do not
seem to actually forward
the classmate’s post.
• Agreement or
disagreement with some
reasoning
• Reference is used but
not scholarly.
20 to >0 pts
Developing
• Missing one reply
post.
• No analysis
• It’s completely
unclear what the
other student said.
• Post is an opinion
reply only
• Mere agreement
or disagreement
only
• Reply post only
asks questions
• No “outside”
reference
incorporated.
0 pts
Not
Present
30 pts
Grammar,
Spelling &
Current
APA: Initial
Post
20 to >17 pts
Advanced
Minimal to no errors in grammar,
spelling, and current APA format.
17 to >13 pts
Proficient
Some errors in grammar,
spelling, and current APA
format.
13 to >0 pts
Developing
Numerous errors in
grammar, spelling,
and current APA
format.
0 pts
Not
Present
20 pts
Word Count:
Initial Post 7 to >5 pts
Advanced
150–250 words per reply.
5 to >3 pts
Proficient
80%-50% words less
than the required length.
3 to >0 pts
Developing
49%-1% words less
than the required
length.
0 pts
Not
Present
7 pts
Grammar,
Spelling &
Current
APA:
Replies
10 to >8 pts
Advanced
Minimal to no errors in grammar,
spelling, and current APA format.
8 to >6 pts
Proficient
Some errors in grammar,
spelling, and current APA
format.
6 to >0 pts
Developing
Numerous errors in
grammar, spelling,
and current APA
format.
0 pts
Not
Present
10 pts
Total Points: 125
Discussion Grading Rubric | CJUS400_B03_202230
CJUS 400
Goals and Purposes of the Criminal Law
Student’s Name
Institutional Affiliation
CJUS 400
Date of Submission
CJUS 400
The biblical perspective on the purpose of criminal law is relatively different from that of
the criminal justice system. For instance, the scripture defines crime as a violation of a person's
inalienable right, such as the right to life, liberty, and pursuit of happiness. According to the
scripture, criminal law should not punish individuals for actions that do not amount to a violation
of inalienable rights because they do not equate to crimes (Fischer, 2020). Instead, those who
engage in sins like hate speech should be corrected and informed about the consequences of such
actions. According to The Bible, Isaiah 1:17, God teaches people to “learn to do right; seek
justice. Defend the oppressed. Take up the cause of the fatherless; plead the widow's case" (The
Bible, 2019). I believe the biblical approach to criminal law is just because it aims to restore
justice and teach good values rather than punish people for petty misdeeds.
However, the criminal justice system's actual goals of criminal law are to identify illegal
activities, punish the offenders, deter people from committing crimes, and incarcerate
perpetrators of crimes (Lodi et al., 2021). Although criminal law requires the criminal justice
system to put more effort into educating the would-be offenders and those serving their jail terms
on the consequences of illegal activities, it seems to be concentrating on punishing wrongdoers.
Even though punitive policies effectively deter crimes, I believe that more focus should be put on
restorative justice to address the different needs of both the crime victims and offenders.
In essence, restorative justice should address the negative issues hampering the criminal
justice system's effectiveness as a result of the inefficient application of retributive justice. The
restorative system should aim at repairing the broken relationships between individuals by
making crime offenders take responsibility and accept accountability for their actions. When
wrongdoers realize how their misdeeds affect other people, they become remorseful and focus on
being resourceful members of society (Lodi et al., 2021). Although restoration should empower
the victims and convince offenders to make amends for their actions, it seems unnecessarily
intimidating to offenders even after agreeing to cooperate with victims of their actions.
CJUS 400
References
Fischer, Kahlib J. (2020) "Biblical Principles of Government and Criminal Justice," Liberty
University Journal of Statesmanship & Public Policy: Vol. 1: Iss. 1, Article 3. Available
at: https://digitalcommons.liberty.edu/jspp/vol1/iss1/3
Lodi, E., Perrella, L., Lepri, G., Scarpa, M., & Patrizi, P. (2021). Use of Restorative Justice and
Restorative Practices at School: A Systematic Literature Review. International Journal of
Environmental Research And Public Health, 19(1), 96.
https://doi.org/10.3390/ijerph19010096
The Bible. (2019). Appsoup. Available at:
https://play.google.com/store/apps/details?id=com.hailey.goodnews.holybible
