Calvin's Defense of Politics


Institutes of the Christian Religion
Book IV, Chap. XX
OF CIVIL GOVERNMENT

  1. Of Laws, their necessity and utility. Distinction between the Moral, Ceremonial, and Judicial Law of Moses.

(Public law and judicial procedures, as related to Christian duty, 14-21)
14. Old Testament law and the law of nations

In states, the thing next in importance to the magistrates is laws, the strongest sinews of government, or, as Cicero calls them after Plato, the soul, without which, the office of the magistrate cannot exist; just as, on the other hand, laws have no vigour without the magistrate. Hence nothing could be said more truly than that the law is a dumb magistrate, the magistrate a living law.

As I have undertaken to describe the laws by which Christian polity is to be governed, there is no reason to expect from me a long discussion on the best kind of laws. The subject is of vast extent, and belongs not to this place. I will only briefly observe, in passing, what the laws are which may be piously used with reference to God, and duly administered among men.

This I would rather have passed in silence, were I not aware that many dangerous errors are here committed. For there are some who deny that any commonwealth is rightly framed which neglects the law of Moses, and is ruled by the common law of nations. How perilous and seditious these views are, let others see: for me it is enough to demonstrate hat they are stupid and false.

We must attend to the well-known division which distributes the whole law of God, as promulgated by Moses, into the moral, the ceremonial, and the judicial law, and we must attend to each of these parts, in order to understand how far they do, or do not, pertain to us. Meanwhile, let no one be moved by the thought that the judicial and ceremonial laws relate to morals. For the ancients who adopted this division, though they were not unaware that the two latter classes had to do with morals, did not give them the name of moral, because they might be changed and abrogated without affecting morals. They give this name specially to the first class, without which, true holiness of life and an immutable rule of conduct cannot exist.

 

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