Against the Death Penalty

Against The Death Penalty: Christian and Secular Arguments Against Capital Punishment, Gardner C. Hanks, Herald Press, 1997; 208 pages.

by Wayne Northey

Eleven years after the Canadian Parliament decisively voted against the return of the death penalty, the Reform Party of Canada has decided to make this issue a major thrust in 1998.  The book’s appearance therefore, though directed towards and informed by current American reality, is timely for Canadians too.  The cold-blooded execution of Karla Faye Tucker, born-again Christian, is further pointer to the book’s timeliness.

The title gives away its thrust.  Of interest to Christian readers is, Hanks’ own conversion is traceable to the leadership taken by Christians in their opposition to capital punishment.  He was impressed by their powerful witness to “an executed Lord”.  Six months after their action in which he participated opposing the execution of John Spenkelink (May, 1979 in Florida), “I became a Christian”, the author tells us.  Further, “My friendships with death row inmates and with family members of other men on death row have convinced me more than ever that the death penalty is opposed to everything the God I love and worship stands for (p. 15).” His book is evangelistic in witness to his love for that executed Lord besides being apologetic against the death penalty.

Hanks explains that he struggled in writing the book concerning who is his audience.  He decided to include much argumentation that secular people could readily appreciate, but also to be true to his own story, and begin and end with Christian reasons for opposing the death penalty.  In the Preface the author outlines the structure of the book: two beginning chapters devoted to biblical considerations; two on the history of opposition to such punishment; two chapters on deterrence theories; a chapter on repeat offenders and the death penalty; the next on the needs of victims;  five chapters concerning myriad injustices around use of capital punishment; a chapter on wrongful convictions and the execution of innocents; two chapters on the staggering fiscal and social costs of capital punishment; a penultimate chapter on seeing the death penalty as “cruel and unusual punishment”; and a revisiting finally of the spiritual and moral considerations in opposition to such a heinous measure, what we learn in the Foreword writer Will Campbell once labelled “just plain tacky”.  There are also five helpful “Appendixes”, two of which are US-oriented.

The author at the outset uses compelling arguments to advance the proposition: “Since killing and revenge are incompatible with love, it should be obvious that capital punishment cannot be part of the reign of God inaugurated through Jesus Christ (p. 40).”  Hanks himself was drawn to Christ because of God’s love.  He sees in Christ an image of God shorn of all vestiges of violence, especially the ultimate violence of state sanctioned murder. He therefore interprets Romans 13 differently from dominant views (since the era of Constantine) of the state and capital punishment.  Likewise, he disallows Genesis 9 as a timeless rationale for the death penalty, and reads the Old Testament as pointer to the New Testament opposition to capital punishment.  He quotes I John 2:2 as a definitive NO to the need for any further atoning deaths: “[Christ] is the atoning sacrifice for our sins, and not for ours only but also for the sins of the whole world.”

As Restorative Justice advocate Howard Zehr states in the Foreword, “The book is exactly what the subtitle says....  One by one, Hanks addresses the issues, steering through them without becoming lost - no mean feat with a subject as complex and emotional as this one (p. 12).”

I am surprised that there is no reference to the finest study I know of on Genesis 9 with relation to capital punishment, published in The Acts of Synod 1981, “Report 31: CAPITAL PUNISHMENT STUDY COMMITTEE” (Grand Rapids: Christian Reformed Church in North America, pp. 72-73, 448-91.), by a group of Christian Reformed scholars.  I have twice used their material in a public forum on the issue. Baldly and overwhelmingly they demonstrate that Genesis 9 cannot be used as a timeless basis for state killings (a point conceded once exegetical evidence was adduced in both my dialogue experiences).  I was also surprised that no writings by John Howard Yoder were used, recently deceased Mennonite biblical scholar, in particular his contribution to The Death Penalty Debate (H. Wayne House and John Howard Yoder, Dallas: Word, 1991).    Finally, I could have hoped for a development of the theme of scapegoating with reference to capital punishment.  The work of René Girard, interpreted and expanded theologically in James Alison’s books (and those of many others), Knowing Jesus and Raising Abel, would have contributed significantly to the theological presentation. Their massive enterprise argues, “The perception that God is love has a specific content which is absolutely incompatible with any perception of God as involved in violence, separation, anger, or exclusion (James Alison, Raising Abel: The Recovery of the Eschatological Imagination, New York: Crossroad Publishers Company, 1996, p. 48).”  “[I]n truth, and without any remorse or sadomasochism, Jesus loved his slayers. (Raising Abel, p. 188, see Luke 23:34)”, is the amazing Gospel reversal of the death penalty and all violent ways!  Nonetheless, Hanks has been quite thorough in drawing on secular and biblical sources.

This book will help convince the open but undecided, and bolster the opposition to the death penalty of the “already converted”.  It is likely to give pause at least to the thoughtful retentionist.  But for the “Pharisee” in the church ranks, Jesus’ words in Matt. 23:23 (KJV) will be used in ringing denunciation of all Christians “against the death penalty” (as once used in an angry diatribe against me and my “despicable ilk” during a secular public forum): “ye... have omitted the weightier matters of the law”, he thundered at me, “judgment!!!”  And to my verbal executioner that night, “judgment” meant capital punishment.  That such an inversion of the thrust of that passage (see Micah 6:8 and the rest of that verse and chapter for its background and context) could have been used in defence of capital punishment is sure proof of the enormous capacity of, and temptation towards, wrongly “dividing the word of truth (II Tim 2:15)”, we all share.

I warmly recommend this book with the warning: Lector caveat -let the reader beware!

Rogue State:

Book Review of Rogue State: A Guide to the World’s Only Superpower, William Blum, Common Courage Press, Monroe, Maine, 2000, 308 pp.

By Wayne Northey

A former Canadian missionary colleague, Lloyd Billingsley, has published numerous books since his new-found faith in Americana, and adoption of the United States as his actual and spiritual homeland. His books have catchy subtitles such as: “recovering freedom in our time”, “a critique of Marxism and the religious Left”, “how communism seduced the American film industry in the 1930s and 1940s”, and “fanaticism in our time”.  In every instance, the United States of America emerges as Supreme Saviour and Ultimate Messiah.  If only we had faith and blind trust in “her”.  Almost all books chastise the “International Communist Conspiracy”, and uphold America as eminently “the Beautiful”, of immaculate historical conception, an unblemished paragon of virtue that shines as the sole beacon of hope in an otherwise morally bankrupt world of nations.  It is, as sometimes happens with religious converts, faith in America’s civil religion of Manifest Destiny off the charts, a boundless fanaticism of utter blind trust in all things American.

In light of such unfathomable devotion, the final chapter of the book under review asks: “How do they get away with it? How does the United States orchestrate economies, subvert democracy, overthrow sovereign nations, torture them, chemicalize them, biologize them, radiate them… all the less-than-nice things detailed in this book, often in the full glare of the international media, with the most stunning contradictions between word and deed… without being mercilessly condemned by the world’s masses, by anyone with a social conscience, without being shunned like a leper?  Without American leaders being brought before international tribunals, charged with crimes against humanity? (p. 243)”  Sheer romantic mystique, and a gargantuan propaganda machine are Blum’s explanation.

Canadians have recently been entertained by comedian Rick Mercer’s hilarious “Talking to Americans”.  From the current President, to state Governors and other politicians, to all kinds of Ivy League professors and students, to the normal Jane and Joe on the street, Americans have paraded on film their enormous, unconscionable ignorance of most things Canadian.  It is not surprising therefore that this book should detail a similar abject ignorance of America’s true place in the world. 

As numerous other publications carefully demonstrate, such as The “Terrorism” Industry by Edward Herman and Gerry O’Sullivan (Pantheon Books, 1989), and as meticulously documented in this publication, the most pervasively brutal terrorist organization known to humanity is the United   States of America.  If Billingsley and the vast majority of similarly duped Americans only had eyes to see, instead of spewing billingsgate against endless lines of new “America’s/Free-world’s enemies”, the shock would be incalculable that in fact, writ large across America’s domestic and foreign policy for decades is not just America the Ugly, but AMERICA THE MONSTROUS, and that the only “god” trusted in by Americans blithely supportive of their “Evil Empire” is Violence.

Rogue State includes an Introduction, and three sections under which twenty-seven chapters are fitted.  The sections are entitled: “Ours and Theirs: Washington’s Love/Hate Relationship with Terrorists and Human-Rights Violators”; “United States Use of Weapons of Mass Destruction”; “A Rogue State versus the World”.

The thesis of the book is laid out clearly from the outset in three quotes.  The first is from a 1996 Amnesty International publication: “Throughout the world, on any given day, a man, woman, or child is likely to be displaced, tortured, killed or ‘disappeared’, at the hands of governments or armed political groups.  More often than not, the United States shares the blame (no page number) .” And: “From 1945 to the end of the century, the United States attempted to overthrow more than 40 foreign governments, and to crush more than 30 populist-nationalist movements struggling against intolerable regimes.  In the process, the US caused the end of life for several million people, and condemned many millions more to a life of agony and despair. (p. 2)” Finally: “There’s a word for such a continuum of policy.  Empire. The American Empire.  An appellation that does not roll easily off an American tongue…  The American Empire?  An oxymoron [?]  A compelling lust for political, economic and military hegemony over the rest of the world, divorced from moral considerations?  Suggesting that to Americans is akin to telling them of one’s UFO abduction, except that they’re more likely to believe the abduction story (pp. 24 & 25).”

Several years ago, a Canadian film producer described to Peter Gzowsky, host of CBC’s defunct Morningside, that he had managed to capture on celluloid representatives of all players in the 1980’s Guatemalan tragedy that saw at least 200,000 Mayans and other “subversives” liquidated.  “What became brutally clear”, he said,  “was that a Holocaust of similar kind, though to a different degree from that in Nazi Germany, had been perpetrated against these peoples.  And the buck for responsibility stopped with the President of the United   States of America.”  He then described that he had gone into deep depression in the post-production stage of the film, for he knew that his documentary, despite the undeniable evidence, would not be believed in North America – if anywhere.

When I lived for two years in West Berlin, I asked on occasion older people whom I trusted, “Did you not know?”  They always said the word, “Nein”, but their eyes invariably said “Yes!!!”.  During the Nuremberg Trials, one Nazi official said:  “You have defeated us Nazis.  But the spirit of Nazism rises like a Phoenix amongst you.”

That the vast majority of Americans and “Free-world” inhabitants could have supported Harry Truman’s decision to detonate two atomic bombs over Hiroshima and Nagasaki in  calculated acts of cold blood, instantly incinerating 120,000 Japanese civilians: men, women, and children, innocent as any other humans on earth at that time, is beyond imagining.  No doubt the Nazi War Trials official had at least those bombs in mind when speaking of the rising Nazi-like Phoenix.  When another terrorist, Timothy McVeigh, destroyed 168 American civilians in an act of cold blood in Oklahoma City, the government of America, supported by the vast majority of its citizenry, judged that act worthy of the ultimate human penalty.  Even though it was the same government that had taught McVeigh to kill in the first place.  Yet Lloyd Billingsley writes, and most Americans believe, that “fanaticism in our time” is almost everything un-American

Blum states: “… it can be argued – based on the objective facts of what Washington has inflicted upon the world, as described in this book – that for more than half a century American foreign policy has in actuality, been clinically mad (p. 26).”  That of course is a line of defence in a criminal trial.  Unless America can be demonstrated to be fit to stand trial.  But who would do that?  And at what court, even of world opinion, would America be indicted?

The premier contemporary cultural theorist on violence, René Girard, argues that scapegoating violence is most effective when most hidden.  Jesus constantly challenged us to have “eyes to see”.  One Hebrew prophet announced: “The heart is deceitful above all things and beyond cure. Who can understand it (Jer 17:9)?” A Christian prophet declared: “As it is written: ‘There is no one righteous, not even one’… (Rom. 3:10)”.

Most chilling for me, as a Protestant Evangelical Christian, is the awareness that virtually all accepted Evangelical leaders to the South, from the foremost Evangelical icon, Billy Graham, to lesser lights such as Charles Colson and Francis Schaeffer, to international voices such as C. S. Lewis and J. I. Packer, all endorse/endorsed the clinical madness of the ultimate “Rogue State”, the world’s only Superpower.  Blum dubs it “clinical madness”.  There is a longer-standing old-fashioned word that applies: sin.

The book is well written, carefully researched, and concludes with a litany of domestic crimes committed by America that goes on for pages.  It is terrible reading, but not due to the author’s skill, which is admirable.  Highly recommended. 

The most disturbing question for me as a committed Christian remains: Just what are American Evangelicals and their international supporters evangelizing for anyway?  I fear, à la Lloyd Billingsley, in the end, it is to make the world safe for America….  As Jesus would say, it thereby renders such converts “twice the sons of hell”. To which I say, in the word of Saint   Paul: Anathema!

Why I Oppose the Death Penalty (Part 3) by Wayne Northey

Why I Oppose the Death Penalty:  “The Talking Place: Discussing the Death Penalty” Forum on the Death Penalty, Fairbanks Alaska, March 22, 1997 – Part Three

[NOTE: I was invited to participate in a statewide dialogue on the Death Penalty in Alaska, where capital punishment is off the law books.  The issue was heating up, sadly because of Evangelicals in that state. I, representative of Mennonite Central Committee Canada Victim Offender Ministries at the time, was asked to “debate” the issue on biblical grounds with Dr. Richard Land (read about him at: http://www.erlc.com/CC_Content_Page/0,,PTID314166|CHID600674|CIID,00.html), then as now President
of The Ethics & Religious Liberty Commission of the Southern Baptist Convention.  I said I would not take part unless the event was changed to a “dialogue” where winners are not declared like a gladiatorial contest, but participants are honoured in honest dialogue.  Below is the text I first spoke from in that dialogue, held at the University of Alaska Fairbanks, and teleconferenced throughout Alaska, including to the Juneau legislature.  I reflect on this, including inserting a letter I wrote Dr. Land years later in seeing that his support of the death penalty (he is after all a sixth-generation Texan, where Texas is the most killing jurisdiction in the Western world) had grown to support for U.S. Empire worldwide capital punishment (of vast numbers of innocents) in its War on Terror.  You may read these reflections at: http://www.clarion-journal.ca/article.php?story=20040721064535388. A professional video was done at the time, which one may borrow from me. 

The initial presentation is divided into Parts One and Two.  There is also Part Three where I gave responses to specific biblical texts usually (wrongly, I argue) adduced in support of the Death Penalty.]

Part III

Refutations of Use of Specific Texts:

In discussing specific texts, this is not to forget the wider "face of God" arguments that set an overall picture of God that simply disallows violent responses to others according to the picture of Jesus who is the final face of God in the New Testament.

What does one do with specific textual arguments, nonetheless?

Three main bodies of material are alluded to: Mosaic Law, the Noahic Covenant, and Romans 13:1 - 7.  I believe that none of these points to Christians' mandatory or permissible resort to capital punishment.

I.  Mosaic Law

When the Mosaic Code is alluded to, it is argued that this penal code enjoyed divine sanction, and should therefore be incorporated into the penal codes of contemporary countries.  There are several problems with this argumentation:

A.  There is no obvious biblical reason for believing that Mosaic Law is any more to be used today than genocide and scorched earth policies followed repeatedly by the people of God who similarly were given, according to the texts, divine sanction.  Why should the word of the LORD to Saul from Samuel about destruction of an entire people (genocide) and their belongings (scorched earth) in I Sam. 15 not be followed today?  If it is said it is today morally repugnant, I say precisely.  And that is again, why we are  followers of Jesus and not followers of Moses.

B.  We know of course that the death penalty in Mosaic Law was not limited to murder, but to a host of other offences, rebellious children.  On what basis can we be selective about how we will use the death penalty?

C.  The civil code of Mosaic Law is for an ancient people in an ancient time.  Likewise with ceremonial law.  With the end of the theocracy came an end to all such law. 

Mosaic Law therefore cannot be the basis for supporting capital punishment.   (John 1:17)  "For the law was given through Moses; grace and truth came through Jesus Christ." (NIV)  Mosaic Law was superseded in the fuller view of God's face in Jesus Christ.  That is why Jesus constantly said:  "You have heard it said... but I say unto you."

II.  Genesis 9

It is true that this passage has been used most to support the death penalty throughout all the ages of Christendom.  To challenge it may seem impertinent or even wrongheaded. Nonetheless, I am suggesting that we must look more closely.  When we do, I think that whatever else we do with the text, we may not use it to support the death penalty.  This is a simple matter of doing close exegetical work on the text.

Once in a dialogue at Trinity Western University on this very passage in my home town, BC, the New Testament scholar based his entire support upon this text.  In response, another New Testament scholar from Regent College raised some of the following considerations. The "for" capital punishment New Testament scholar graciously conceded at the end that he had no other biblical arguments to advance in support of the death penalty, and that he could no longer use Genesis 9 as a textual basis for capital punishment. 

A prison guard acquaintance of mine, in support of the death penalty, told me with real disappointment at the end of the evening that it had been like taking candy from a baby to refute the biblical arguments in support of the death penalty.   I thought so too.   Here were the arguments adduced to refute the use of Genesis 9 to support capital punishment.  They draw upon the work of Christian Reformed scholars who did an extensive exegesis of Genesis 9, and published their results in the Acts of Synod 1981.

1.  Contextual Considerations

a)  The key verse in question is Gen 9:6a:  "Whoever sheds the blood of man, by man shall his blood be shed...." (NIV) The focus of meaning of this passage apparently is societal protection.  If this is true, then already the goal of protecting society is served if a "murderer" is placed into prison.  Surely the intent of the passage is fulfilled without doing the literal killing in response.  We know that the intent of Paul's instruction in several of his letters to "greet one another with a holy kiss" is fulfilled in a "hearty handshake all around" as J.B. Phillips paraphrases it.  This is a trivial example of how we contextualize interpretation of Scripture to extract a principle, but not necessarily to follow the "letter", which may in fact kill the Spirit!

b)  Now notice verse 5:  "And for your lifeblood I will surely demand an accounting. I will demand an accounting from every animal. And from each man, too, I will demand an accounting for the life of his fellow man."  Notice that animals are to be killed, according to the text, as much as humans, for taking a life.  So why this verse?  Surely the issue is protection, and not a matter of divine retribution raining down on even the animals! There is clearly no solemn, divine commandment, that would slay an animal every time it kills a human.  Likewise, we cannot take this passage as giving a solemn, divine commandment to kill people for killing people.

2.  Dietary Considerations

How many of you have ever eaten "blut-wurst" or rare meat?  You shouldn't, according to this text!  Listen to verse 4:  "But you must not eat meat that has its lifeblood still in it."  These are the same absolute terms as verse 6. Verse 4 clearly excludes blood from the diet of all humanity.  This is what "kosher" means, and millions of Jews throughout history have only eaten kosher.  Again, I ask: "Do you only eat kosher meat?" Why not, if Gen. 9:6 is to be timelessly binding?  The point of verse 4 is clearly the treatment of all life with respect, and therefore not to eat living flesh.  But "just as this respect need not take the form of eschewing the consumption of blood (as in 'blut-wurst'), so it need not take the form of inflicting capital punishment (Acts of Synod 1981, p. 459)."

4.  Historical Considerations

a)  If Genesis 9:6 is to be interpreted as timeless, since it pre-dated Mosaic Law, should not Gen. 4:5 be considered that much more prior and timeless, since it is dealing with the very first murder in history according to the biblical story? And what does God do in response to the first murderer, Cain?  God prohibits anyone from killing him in retaliation!  The question of the "state" of course is absent in Genesis 4.  But so is it in Genesis 9!

b)  If it is argued that God seemingly treats something as serious as murder differently at different times, that is precisely the point: we live after the time of the revelation of God in Christ!  That God in this age of grace says no to all human sacrifices, to all state killings is precisely my argument.

c)  "If there be in Genesis 9:6 an inviolable and universally binding command to execute murderers, then there is in Genesis 9:1 and 7 a similar command to 'be fruitful and multiply and to bring forth abundantly on the earth.' (Acts of Synod 1981, p. 460)."  We'll get to the issue yet of whether Gen. 9:6 is a command.  But surely here, with reference to procreation, this is much more a blessing than a command.  And do we modern Christians take from Genesis 9 that contraceptives are absolutely ruled out, or even natural methods of avoiding pregnancy, for we are "commanded" as absolutely in verses 1 and 7 as there is a "command" in verse 6, to "be fruitful and multiply".  We allow that in our different historical situation, where Malthusian overpopulation threatens, the most environmentally responsible thing we Christians can do is have only a few children! 

Likewise with the "command" in verse 6.  It surely at the least is historically conditioned, and therefore not an inviolable, timeless, universal requirement by God.

5.  Juridical Considerations

a)  From a juridical point of view, if this passage is to be taken at all in that light, please note that the offence for which capital punishment is "mandated" is "shedding another's blood".  Kidnapping, rape, mutiny, treason, etc. cannot be brought into view from this text. 

b)  i)  Further, this blood-letting lacks juridical specification, if it is meant to be taken juridically at all.  There is no distinction made between accidental, negligent, and willful homicide.  What if, for instance, the axe-head slips off while I am chopping wood and I kill my best friend?  Further, within homicide, there is no distinction made between crimes of passion and pre-meditated murder.  Most who use this text to discover a "command" in support of the death penalty however ignore all those questions, and read into it the offence of first-degree murder. 

ii)  There is however an even greater problem with taking this text to refer to first-degree murder.  And here my Acts of Synod exegetes let me down.  They claim to discover in the text that what is being talked about here is murder.  But there is no warrant from the text nor from the context for concluding that!  The context in fact is overwhelming violence for which God is deeply grieved.  God, the pre-Flood story tells us, hates violence. But he seemingly eschews violence in response to violence too, and that is clearly the import of the story of Cain. That is the timeless impact of the Cain and Abel story, that God says no to killing in response to killing!  And notice that the text of Gen. 9:6, if it is to be taken as a "command", says the same thing.  It says that all killing is wrong, no matter by whom.  There is no more reason in this text to say that a murderer is in special view here than there is to say that a policeman or a soldier is likewise prohibited from killing.

No one believes that it is God's will that anyone who kills, all the way from accidentally to pre-meditatedly to in the line of duty for the state - anyone! - is forfeit his life.  Why not?  The text is surely very clear here, if this is a "command" of God?

If we turn to Mosaic Law for a commentary on this passage, we immediately have a problem: a man who beats his slave to death (or employee today) is exempt from capital punishment according to Moses (Ex. 20:13; 21:20, 21).

In summary:  "An argument based on Genesis 9:6 commits one to demand the death penalty for any and every [killing] whatever the circumstances may be.  [Gen. 9:6] therefore cannot be taken as a law, or as a juridical requirement.  If it were so taken it would license unjust executions and subvert righteousness (Acts of Synod 1981, p. 462)."

c)  It is also a curious fact that almost all who take Genesis 9:6 as a mandate for capital punishment translate the Hebrew word for "man" - adam - as "duly constituted governmental authorities".  But there is no hint of this in the text at hand.  Most so inclined then jump ahead to Rom.13:4 to find warrant for such an interpretation.  But it is absolutely clear from the Genesis 9 context that "no state furnished with a penal code and judicial system was in existence (Acts of Synod 1981, p. 463)."  What would be in the historical context here?  It would doubtless be the ancient custom of the "avenger of blood" - the next of kin who pursues the killer to avenge his relative's blood. No Christian holds out for such a person today to take responsibility for killing those who have killed. Likewise, no Christian should make Genesis 9 do what it simply does not do: support capital punishment in a timeless way. 

d)  If Gen. 9:6 is not to be taken as a law or legal enactment, how then should it be read? The form of the verse suggests an answer.  It appears in fact in many translations as poetry, typical of Hebrew wisdom literature. In fact there is a chiastic structure to the first half of the verse typical of such literature. Literally translated, the order is perfectly symmetrical:

"Shedding blood of man by man his blood will be shed." The first and last ideas match - "shedding", as do the second and second last concepts - "blood", as does the centre of the whole discussion:  "man" - or "human being".  Now, unless this is the one exception throughout the entire Hebrew Bible that proves the rule, no law anywhere else in the Hebrew Bible is ever given in poetic form. 

We are familiar with this form from similar other biblical statements: (Matt 26:52)  "all who draw the sword will die by the sword." (NIV); and (Gal 6:7) "A man reaps what he sows." (NIV).  Put briefly: all such statements are descriptive of the way things happen in this world - apart from grace - but not prescriptive by any stretch of the way they ought to be in God's will.  The Hebrew verb about "shedding" in the passage in fact may be understood entirely as simply descriptive or predictive, and nothing like a categorical imperative.

And that is precisely the whole thrust of my argument: yes, the world knows endless retaliation in response to killings. Remember Lamech who boasted of limitless retaliation (77 times).  But as we know, in Jesus, the final face of God, in response to Peter's question about how often to forgive, Jesus said: (Matt 18:22) "I tell you, not seven times, but seventy-seven times." (NIV)  Is that same number as used by Lamech just a coincidence? I think not.  Jesus directly contradicts the way things are in this world, its inclination towards limitless retaliation, in favour of something world-shakingly different: limitless forgiveness.  For that is the way it is when one gazes intently at the face of Jesus to get the correct picture of God.

Now do you understand why a close exegetical look at Genesis 9 leads to the concession that it simply is impossible to use it in any way as a support, let alone as a mandate, for the state to carry out capital punishment, and why my New Testament scholar dialogue partner 11 years ago had to let go of that passage in support of the death penalty?

III. Specious Arguments From New Testament Texts and Romans 13:1-7

If Mosaic Law and Gen. 9 are ruled out of consideration in the question of the death penalty, just what is left?  Well, there are several attempts to pull Jesus into the discussion.  I am prepared to deal with any that you may wish to raise.  But I will not raise more than one myself, for in response to all of them I say the same thing: specious argumentation from the text and context themselves, not to mention that an attempt to interpret specific statements of or about Jesus in favour of the death penalty directly contradicts the entire revelation of Jesus' desire for mercy, not sacrifice, as I laid out earlier.

One example:  one theologian suggests, and is actually serious, that "It is significant that when Jesus voluntarily went the way of the Cross he chose the capital punishment of his day as his instrument to save the world."  Therefore, it is argued, since the Bible says that "without the shedding of blood there is no remission of sins", God must have endorsed capital punishment!  This is pure exegetical nonsense!  If God endorsed capital punishment by this line of argumentation, then it follows logically that he endorsed as well the gruesome method of crucifixion as the means! And thankfully no modern state employs that method.  That the world's greatest crime should be twisted to support capital punishment is irresponsible eisegesis (reading into the text) of the worst kind!

But there is one lingering text, and a commentary on it: Romans 13:1 - 7, and I Peter 2:13 - 17, and a few shorter texts which say nothing different from the Romans text - in I Timothy ((2:1 - 4) and Titus (3:1 - 2).  For centuries  the Romans text was taken to be the central teaching of the Church about the State. And therein is already the beginning of the problem!  For the Romans 13 text was not the primary early Church text about the relationship of Christians to the State, but Eph. 6:12 - 20, beginning: "For our struggle is not against flesh and blood...". I'll return to that later.

My Acts of Synod interpreters say:  "No Bible believer would, of course, care to call into question the plain teaching of Romans 13.... (p. 463)."  But that is precisely what they have done about the traditional "plain teaching" of Genesis 9, and have been successful!  They should have taken a cue from their own work on re-examining Gen. 9 against the vast majority of previous or contemporary interpretations, to realize that something similar could be happening with the Romans 13 text.  And there is! 

My contention is that not only must the centuries-long dominant traditional interpretation of this text be challenged, but that once re-examined, it is found to be fully consonant with the "face of Jesus" I sketched at the outset. 

In a small book entitled Essays on The Death Penalty [no current bibliographic information], published 35 years ago, the Editor says confidently about each of the pro-death penalty works published in the volume: "While the studies have been made independently by men who, for the most part, have never met each other, their remarkable singleness of thought can be explained by the fact that Christian doctrine does not change.  Faith in Christ is truly catholic in the usual sense of that word as being of 'all men, everywhere, always.'  True declaration of the Faith is not a matter of opinion, but an inescapable line of reason and experience that must follow upon the confession that Jesus is Lord." And I say, balderdash!  This is in fact a remarkable boast, considering the first three centuries of the early Church knew a Church largely pacifist, and specifically excommunicated Christians who became soldiers and thereby participated in both capital punishment and war - as found in the widespread usage of the Canons of Hippolytus!  What the editor shows us unknowingly is indeed a "remarkable singleness of thought" - but one based upon a post-Constantinian reading of Jesus that simply reversed Jesus' ethical teachings, especially about love of enemies!  So for instance the lead essay is written by C.S. Lewis.  Yet Lewis does not even mention the text, "Love your enemies", in another essay he wrote on why he is not a pacifist!  Now I call that indeed a "remarkable singleness of thought", but one based upon a centuries-long rejection of the face of Jesus we see in the Gospels, upon a "scissors-and-paste" approach to Scripture,  not upon a "confession that Jesus is Lord" - except Jesus as Lord of the Dark Blotches. 

One Church historian, in a book entitled Constantine versus Christ (Kee,1982), indicates that there has been such a centuries-long overlay of Jesus' ethical teachings in the direction of rejection of them, that it is now nearly impossible to expect people to "see" Jesus' face right the first time in terms of his ethical teachings. For centuries, the Church has followed Jesus of the Dark Blotches, and has been unable to see Jesus' true face because of only expecting, and only viewing, dark blotches for so long.  Constantine, the 4th century pagan ruler who turned the Church back to all the old scapegoating ways and State power games, in fact became "Christ" ethically to the Church!  What no Emperor was able to do before him, Constantine achieved with a Judas kiss: he reversed the ethical teachings of Jesus so as to make the Church impotent and have Jesus after all bless all the same sacrificial ways that creation had known since time immemorial.  Therein lies the triumph of ideology, a triumph which the vast majority of Christendom has embraced ever since.  So this is what we're up against! 

Historical Context

The Apostle Paul is writing a major statement about Christian belief to a group of Christians under the eye of the Emperor in Rome.  Paul had never met this group of Christians, most of whom were Jewish, some slaves, and others on the margins of society in the great seat of Roman power. 

Only a few years prior to Paul's writing, Emperor Claudius had had church congregations at Rome broken up and dispersed, and at the same time he had expelled the Jews en masse from Rome.  This had not made the Roman government, nor the Emperor, particularly popular amongst Roman Christians.

Further, within the Jewish contingent of all first century Christian churches, there persisted a violent hatred towards Roman rule akin to the hatred the Vietnamese felt towards you Americans, or Afghanis towards the Russians. 

Jewish Christian Attitudes to the State and to State Authorities

Nowhere in the Hebrew Bible is the "State" ever viewed positively.  In I Samuel 8, the text makes it clear that the people of Israel turned away from God precisely in their desire to become a "nation" like other nations, and appoint themselves a King.  This was a rejection of the unique role of God as their King, but also of Israel's unique peoplehood unlike other nations who relied upon violence and standing armies to be a nation.

Jewish Christians shared a general view about surrounding pagan states, the Roman occupying state most definitely, that they were largely evil. They knew Psalm 2 well that begins: "Why do the nations conspire and the peoples plot in vain?  The kings of the earth take their stand and the rulers gather together against the LORD and against his Anointed One." (NIV)   This was always the way, Jews, and Jewish Christians, knew, of pagan states. They were opposed to God and his Messiah.   The nations were compared to the sea, which "became a symbol of the seething nations of the world and of the troubled lives of the unrighteous . Perhaps this is why the apostle John spoke of the glorious new heaven and new earth as a place in which 'there was no more sea' . (from Nelson's Illustrated Bible Dictionary)" - that is, no more nations.  In fact, throughout the book of Revelation, "the Kings of the nations" are the ultimate arch-rivals of the Lamb of God.  And in Revelation 13, the State is seen as the ultimate Beast.  And from where does the Beast arise?:  (Rev 13:1) "      And the dragon stood on the shore of the sea. And I saw a beast coming out of the sea." (NIV) - from the pagan nations, identified supremely with the nation of Rome. So, for instance, Isaiah says, with reference to the nations:  (Isaiah 57:20-21) "But the wicked are like the tossing sea, which cannot rest, whose waves cast up mire and mud.  'There is no peace,' says my God, 'for the wicked.' " (NIV)

Further, Jewish attitudes towards State authorities, and Christian attitudes towards State authorities, were extremely negative.  Indeed, such authorities were actually thought to be in league with Satan.  This was the idea in Eph. 6:12 - 18.  Listen to verse 12: "For our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil in the heavenly realms." (NIV)  Now get this!: the author of the letter to the Ephesians, likely Paul, used the identical Greek terminology for "rulers" and "authorities" as found in Romans 13, which reads: (Rom 13:1) "Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God." (NIV)  There is something suspicious the moment Romans 13 is taken as a positive view of the State and of the governing authorities within it! Nothing seems further from the consistent mind of the biblical witness, Old and New Testaments!

The consistent biblical position is:  "the primary threat to human dignity is not the impunity of individual offenders not proven guilty, but the absolute power to punish of the state itself (The Death Penalty Debate, (House and Yoder, 1991, p. 150)."  A profound study on this very issue was produced recently, entitled, The Fall of the Prison: Biblical Perspectives on Prison Abolition (Lee, 1993).  There is an international movement that works at this, doing a conference every two years, called:  "The International Conference on Penal Abolition".

Further, until well into the third century, there was a longstanding aversion amongst Christians to the Roman system of justice as it applied to non-Romans.  For Roman justice was highly punitive, retributive justice against all non-Romans, especially slaves.  It was brutal - and incidentally became the inspiration, in the 11th century, of an emerging barbarity towards criminals sponsored by the Church.  Over against punitive systems of the day, Jesus warns that one ought to settle quickly with one's adversary (Matt. 5:25), and Paul forbids taking cases to Roman law courts (I Cor. 6).

Finally, in the same book of I Peter that obedience to the State is encouraged, similar to Romans 13, there is a fascinating passage in I Peter 4:15:  "If you suffer, it should not be as a murderer or thief or any other kind of criminal, or even as a meddler." (NIV)  Do you notice anything incongruous in that line-up?  "Murderer", "thief", "criminal" - then "meddler" or "busybody" or "gossip"?!  Guess what! That unique Greek word occurring only once in the entire New Testament, translated by most as "busybody", may be translated entirely differently!  Listen to the line-up in light of this allowable translation: "murderer", "thief", "criminal" - and "revolutionary"!  Now that fits the context much better of Peter's earlier discussion of the State, and of his discussion of suffering at the hands of the State! 

The reality is, Jewish Christians in Rome (I Peter was likely written from Rome) were sorely tempted by incipient revolutionary fervour towards the Roman State! 

No wonder then, that Paul expands about a Christian attitude towards the State.  In Jesus' teaching, the State is merely a special form of the neighbour that is owed certain "dues" as says Romans 13 too: including at least payment of taxes.  But at the end of Romans 12, Paul, drawing on Jesus, specifically, enjoins love of enemies, saying: (Rom 12:21) "Do not be overcome by evil, but overcome evil with good." (NIV)  Then he moves on immediately to discuss a specific example of the "enemy": the State of Rome and its governing authorities.  He knows that the State was seen by Jesus as a special form of "neighbour/enemy".  In this case, the Roman State is in fact already Public Enemy Number One and about to become more so when Emperor Domitian only a little later in the century unleashes the first persecution of Christians.

That this passage should be taken remotely as a benign theoretical discussion about the State for the benefit of those living in modern democracies is a gross perversion of the immediate historical and cultural context of the letter written to the Romans!  Paul's whole concern here is pastoral.  He wants  to encourage submission to the arch-enemy, the Roman State, as Jesus demonstrated in turning the other cheek when Roman soldiers slapped him, of going the second mile in carrying the Cross to his own crucifixion, of giving his extra clothes when he was stripped before his execution. Paul knew full well what kind of judgment Rome metes out to its rebels: if they could crucify the Prince of Glory, they could as easily crucify his followers!  And Paul is writing to spare Roman Christians in that historical and cultural context the agony of capital punishment at the hands of Roman authorities!  This is especially urgent because of the revolutionary fervour towards Rome Paul knew some in the Roman churches were exhibiting. Watch out, he warns: (Rom 13:4) "For he is God's servant to do you good. But if you do wrong [i.e. in open rebellion against Rome], be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath to bring punishment on the wrongdoer [namely revolutionary Christians living in Rome!]." (NIV)   Then Paul gives two explicit reasons for submission to Rome, neither of which remotely are positive statements about benign governing authorities "ordained by God" and ruling God's way: (Rom 13:5) "Therefore, it is necessary to submit to the authorities, not only because of possible punishment [read: "for example crucifixion"] but also because of conscience." (NIV)  Why conscience?  Because Jesus explicitly taught "love of enemies", and Paul specifically picks up this theme as centrepiece for God's work in Christ, the Atonement, which is an offer of reconciliation to us, God's enemies (Rom. 5:6 - 11)! 

Rebellion is out in Jesus' and Paul's teaching, in favour of loving embrace even of the authorities (Pilate, Nero, Domitian, and the lesser State functionaries) whom God still loves and superintends - "ordains" -  providentially, as he superintended wicked pagan King Cyrus, whom God refers to nonetheless in Isaiah as the LORD's "Anointed" and "Shepherd" - both terms reserved for Jesus!  Remember Paul's words to Governor Festus and King Agrippa in the Book of Acts?:  (Acts 26:29) "Short time or long-- I pray God that not only you but all who are listening to me today may become what I am, except for these chains." (NIV)

So Paul concludes the section under discussion with the words: (Rom 13:7) "Give everyone what you owe him: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor." (NIV)  This is precisely how one treats the enemy, even the enemy State, in hope that the evil of the State, and the evil of the State functionaries, might be overcome with good.

This reading of the text takes into consideration the historical and cultural context, the immediate teaching of Paul about love of enemy - of State authorities included - and does not land us upon the horns of an endless dilemma concerning State authorities who do evil.  It also allows full consistency with the rest of the biblical material, which relegates the State to the realm of evil and rebellion ultimately, even though superintended and ordained by God for his good purposes. But it is clear already from Paul that we do not go on sinning so that grace may abound (Rom. 6)!  Likewise, we do not bless the evil of the State in naïve expectation that the State may some day get it right!  Not too likely.  And the Book of Revelation shows the State and its authorities consistently to be the Beast, to be Babylon, that forever rebels and wars against the Lamb.

Yet for the majority of Christians throughout the centuries, such State authorities cannot be questioned for they are "God's servants" - just as Nebuchadnezzar, pagan King of Babylon, is called "my Servant" by God (Jer. 25:9, 27:6). But God judges Nebuchadnezzar, his "servant", and pagan King Cyrus, the Lord's "Shepherd" and "Anointed" for their sins!  And anyone who knows of God's "servant", Adolph Hitler, this century, surely does not need to be reminded of what evil the State (invariably!) is capable?  I know what Canada does.  Do you know what America does?  And so we have the vast majority of Christians living under Hitler blithely accepting the authority of the State as it undertook to carry out the death penalty on a scale unrivalled in this century.  And so we have the Anglican church actually (still!) allowing the King or Queen to be the head of the Church, when even a cursory reading of British history shows the British monarchy to be seething with blood-letting and treachery. (You Americans rebelled against all that, remember?) And so we have Bible-believing Americans supporting the Presidency and the "manifest destiny" of America in a way that is nothing short of idolatry.  When will biblical Christians break away from that false worship of the "State"?!

So Paul sums up his ethical section of the letter to the Romans, struggling in their revolutionary attitudes towards the State: (Rom 13:9-10) "The commandments, 'Do not commit adultery,' 'Do not murder,' 'Do not steal,' 'Do not covet,' and whatever other commandment there may be, are summed up in this one rule: 'Love your neighbor as yourself.'  Love does no harm to its neighbor. Therefore love is the fulfillment of the law." (NIV)  This includes love of the governing authorities even when overall the State does evil. 

Therefore, it is impossible, I contend, to read this text as remotely supportive of capital punishment.  The text does not mandate it for Christians to affirm, nor does the text indicate it is permissible for the State to carry out, nor that Christians ought to support, use of the death penalty.  That is not even remotely in the Apostle's mind when he raised the pastoral issue of (understandable) rebellious Christian attitudes towards the enemy - the State - in this passage.

Finally, the consistent biblical response to the State instead is: the non-violent wrestling against the "principalities and powers" using other means than physical weapons (II Cor. 10:4) - or lethal injections - to overcome evil.  And this includes other goals than destruction of the persons caught up in the evil.  This means the fervent desire to win over even Governor Festus and King Agrippa: President Clinton and Governor Knolls; Prime Minister Chrétien and British   Columbia's Premier Glen Clark.  This means the consistent move - even seventy-seven times - to work at overcoming evil with good, to attempt to make the enemy a friend!

This is the face of Christ who is the face of God.

Amen!

References

Griffith, Lee, The Fall of the Prison: Biblical Perspectives on Prison Abolition, Eerdmans, Grand   Rapids, 1993.

House, H. Wayne and John Howard Yoder, The Death Penalty Debate: Two Opposing Views of Capital Punishment (Issues of Christian Conscience), Dallas: Word Books, 1991.

Kee, Alistair (1982). Constantine versus Christ:  The Triumph of Ideology,  London: SCM Press Ltd.

The Acts of Synod 1981, "Report 31: CAPITAL PUNISHMENT STUDY COMMITTEE", Grand Rapids: Christian Reformed Church in North America, pp. 72-73, 448-91.

Why I Oppose the Death Penalty (Part 2) by Wayne Northey

Why I Oppose the Death Penalty:  “The Talking Place: Discussing the Death Penalty” Forum on the Death Penalty, Fairbanks Alaska, March 22, 1997 – Part Two

[NOTE: I was invited to participate in a statewide dialogue on the Death Penalty in Alaska, where capital punishment is off the law books.  The issue was heating up, sadly because of Evangelicals in that state. I, representative of Mennonite Central Committee Canada Victim Offender Ministries at the time, was asked to “debate” the issue on biblical grounds with Dr. Richard Land (read about him at: http://www.erlc.com/CC_Content_Page/0,,PTID314166|CHID600674|CIID,00.html), then as now President
of The Ethics & Religious Liberty Commission of the Southern Baptist Convention.  I said I would not take part unless the event was changed to a “dialogue” where winners are not declared like a gladiatorial contest, but participants are honoured in honest dialogue.  Below is the text I first spoke from in that dialogue, held at the University of Alaska Fairbanks, and teleconferenced throughout Alaska, including to the Juneau legislature.  I reflect on this, including inserting a letter I wrote Dr. Land years later in seeing that his support of the death penalty (he is after all a sixth-generation Texan, where Texas is the most killing jurisdiction in the Western world) had grown to support for U.S. Empire worldwide capital punishment (of vast numbers of innocents) in its War on Terror.  You may read these reflections at: http://www.clarion-journal.ca/article.php?story=20040721064535388. A professional video was done at the time, which one may borrow from me. 

The initial presentation is divided into Parts One and Two.  There is also Part Three where I adduced responses to specific biblical texts usually (wrongly, I argue) adduced in support of the Death Panalty.]

Part II

In 1986 I was asked to participate in a public forum on the death penalty organized by a community college.  In Canada we knew that the issue was heating up.  In fact, in 1987, there was a free vote on the matter in the House of Commons.  I think you are aware that the 1976 decision to abolish the death penalty for our nation was upheld at that time.

The forum was not in a Christian context.  But the Fraser Valley just east of Vancouver is know as the “Bible Belt”, so the criminology instructor who organized the event, invited a Christian view on the matter to be given.  I gave it as part of a panel of four to speak to the issue.  The disclaimer was that of course I was only giving a Christian view.  When the question time came, a man stood up right away with a question for Mr. Northey. He began by quoting Matt. 23:23 in the KJV:  “... ye... have omitted the weightier matters of the law, JUDGMENT!!!” He thundered out that last word with all the gusto he could muster - reminiscent of preachers who come to a point in their sermon notes where is inserted: “Weak point.  Thump pulpit loudly now!” Then he proceeded with a diatribe against me and my kind for having neglected the law precisely in this way in my opposing the death penalty.  If “Christian expletive” is not an oxymoron (contradiction in terms) he unleashed precisely that kind of violent vituperative invective upon me and my ilk for the next several minutes.  His strongest accusation was that I was not, as I had claimed, an evangelical, rather a Liberal of the worst kind, who could not see or accept the plain teaching of Scripture.  He proceeded to call down judgment upon me, and issued a warning of dire consequences for the safety of our nation if Canada continued in its lawlessness by refusing to reinstate the death penalty.  So vehement was he that I felt genuinely embarrassed as a Chrstian to be associated with that display of “Christian” sentiment.  I realized too with a sudden chill that he apparently would have wanted the death penalty to be carried out on me for the offence of “wrongly dividing the word of truth” according to him!

When he finished, the moderator asked if I wished to respond. I indicated, as I tried to lock eyes with him, that it would perhaps be better if the two of us talked the issue over more at the end of the evening.

I looked for him immediately afterwards.  But he was nowhere to be found.  He had seemingly come to dump on me (if I failed to take the right position) and had no interest whatsoever in dialogue.  Too often I have found amongst Christians that kind of angry, judgmental, and mean-spirited response to a NO position on the death penalty!

What I would have raised with him, had he given me the chance, is the following: First, he was quoting from the KJV where the Greek word, krisis used can have that connotation of condemnation and judgment.  But it can also mean “justice” especially with reference to divine justice.  In fact, most other translations use the word “justice”.  By this time (Chapter 23) in the Matthew text, we know from Jesus that the Pharisees are a highly self-righteous, judgmental lot.  It is a little hard to believe that Jesus would be challenging them on their failure to show condemnation and judgment!  Second,  the text is misused if a huge exclamation mark is placed after the word, “judgment”.  In the KJV, the text says actually: “ye... have omitted the weightier matters of the law, judgment, mercy and faith.”  There is already a hint of a continuum or even a parallelism here, that argues against the sense of this statement to mean “judgment” in the way my accuser meant it.  Jesus is quoting from Micah 6:8, which often is considered to be the high water expression of Old Testament spirituality.  Here is what the passage says in the KJV:

Micah 6:8

8          He hath shewed thee, O man, what is good; and what doth the LORD require of thee, but to do justly, and to love mercy, and to walk humbly with thy God?

The passage follows a specific disavowal of mountains of sacrifice, in favour of “justice, mercy, and faithfulness”. It precedes God’s castigating his people for their failure to treat others justly, compassionately, mercifully, caringly.  Twice already in Matthew’s Gospel (9:13, 12:7), Jesus says explicitly:  “I desire mercy, not sacrifice” with reference to God’s way, God’s “face”.  The Gospel is nothing if it is not about a dismantling of the very scapegoating mechanism to be found in all cultures and all times that lead in fact to putting Jesus upon the Cross!  The Gospel is nothing, in other words, if it is not about denying capital punishment!  The terse statement of Jesus about desiring “mercy, not sacrifice”, slightly more fully reiterated here with reference to the Micah 6 text, is in fact the death knell of the death penalty!  Third, one could not therefore have chosen a better passage to put the point home that true spirituality sees a face of God that is simply opposite to the face showed that night by such an angry diatribe, a face that rules out capital punishment.  It is a face that (Matt. 5:45) “Causes his sun to rise on the evil and the good”, that (Luke 6:35) is “kind to the ungrateful and wicked”, that says (Ezek 33:11) “ ‘As surely as I live, ... I take no pleasure in the death of the wicked, but rather that they turn from their ways and live. Turn! Turn from your evil ways! Why will you die, O house of Israel?’ “ (NIV)

The Atonement

How can one, in just a few minutes, touch upon a biblical teaching, the atonement, that has induced the outpouring of rivers of ink and the felling of a forest or two to wrestle with its expression, ever since Anselm in the 11th century attempted the first systematic treatment of the subject in a famous treatise, Cur Deus Homo -Why God Became Man?  But I will raise briefly the doctrine of the atonement - how we understand the significance of Christ’s death on the Cross - to look at the whole dynamic of “scapegoating” and the Gospel’s response to it.

Last fall while serving on a panel at a conference on the work I do, “Restorative Justice”, I saw a man vigorously wave his head in affirmation as I alluded to the work of literary critic and anthropologist, René Girard.  I knew who the person was, and talked to him afterwards.  He is a Mennonite professor of many years’ counselling experience, and author of several books.  His name is David Augsburger.  He was an avid reader of René Girard, and of several authors inspired by his work spanning three decades on the origins of violence in human cultures.  David Augsburger said this to me in our brief discussion: “I knew for years in my counselling that the punitive ideas of the traditional view of the atonement did not work.  But it took my reading of Girard to grasp theologically why that was the case.”

If anyone is familiar with Girard’s writings, or with the annual international conference of interdisciplinary and inter- and non-faith scholars he has inspired, entitled “Colloquium on Violence and Religion”, you will know that it is ludicrous to do justice to the enormous volume of writing Girard and his theories have generated. Years ago, Jacques Ellul, the now-deceased famed French ethicist, indicated that Girard would never attract attention of biblical theologians because of his non-systematic and non-sacrificial reading of the Bible.  But he was wrong.  Several theological works alone have been produced, engaging Girard’s cultural theories of scapegoating.  And there is a growing body of literary and social sciences literature too.

Girard began developing his scapegoating theory while studying literature.  I will not attempt to summarize some of his key understandings about concepts such as “mimetic desire”, violence, the scapegoat, the scapegoat mechanism, etc.  Girard eventually turned his attention to the Bible.  Not only did he renew his own childhood faith commitment at this time, but he began to perceive the astounding relevance of the Bible to his own study of violence.  In his own words:

“The Bible was the first to replace the scapegoat structure of mythology with a scapegoat theme that reveals the lie of mythology (“Discussion”, p. 118).” And again:

“I certainly do not believe that the Bible gives us a political recipe for escaping violence and turning the world into utopia.  Rather, the Bible discloses certain truths about violence, which the readers are free to use as they see fit.  So it is possible that the Bible can make many people more violent... Religious truth and social usefulness do not necessarily go hand in hand...  In the Hebrew Bible, there is clearly a dynamic that moves in the direction of the rehabilitation of the victims, but it is not a cut and dried thing. Rather, it is a process under way, a text in travail... a struggle that advances and retreats.  I see the Gospels as the climactic achievement of the trend, and therefore as the essential text in the cultural upheaval of the modern world (Robert G.Hamerton-Kelly, ed., Violent Origins, Stanford: Stanford University Press,1987, p. 140 - 141 - italics added).”  The “lie of mythology”, according to Girard, is the legitimization of officially sanctioned violence by any culture and all cultures, by any state and all states.

We have in Canada an organization called. C.A.V.E.A.T.  It stands for “Canadians Against Violence Everywhere Advocating its Termination”.  If only! In fact, it is a victims rights group, advocating anything but the “termination” of violence!  On the contrary, it advocates full recourse to violence in the extermination of all who commit violent crime, and it supports the return of the death penalty!  Do you see? No culture has ever really been against violence.  Our Western culture not the least!  On the contrary, we fully legitimize violence!

I participated last week in a conference that attracted 300 delegates to discuss the Restorative Justice work we do.  It was organized by the British Columbia Youth Police Network. One word in there - “Police” - should already give a hint of where I am going with this.  The theme of the conference was: “Youth Taking a Stand Against Violence”.  Now how do the police in all our Western cultures - and especially in the U.S. - deal with violence?  By resort to violence!  I believe the statistic is that fully one third of American prime time TV is about “cop shows” using violence against violence.  They call it “crime time”.  Our culture is fascinated not only with illicit violence, but with legitimized violence.  Only think of Rambo and whose favourite movie that was.....  A former actor-President loved it!  Why?!

Further, guess where this conference was held?  At the Canadian Forces Base in Chilliwack, B.C.  The army hosted a conference organized by the police that was looking at how to curb violence in society.  Yet, these are precisely the two institutions in Canada which are legitimized to use violence!  And how is one going to talk at such a conference about stopping that violence?

In the 1987 campaign we held in Canada against the death penalty, a very simple and effective slogan was used, impossible of refutation:  “Why kill people who kill people to show that killing people is wrong?”  It could be stated more generically to the issue of violence: “Why do violence to people who do violence to people to show that doing violence to people is wrong?”  Now the great irony is this: secular people get the logic on first blush - even if they do nothing about it!  But Christians have been brainwashed for so many centuries to believe that there nonetheless is a biblical differentiation between personal and state violence!., It is Christians, with absolutely no biblical basis whatsoever, who most continue to hold out for the legitimacy of state violence, of state scapegoating, of state sacrifice of others, despite the Gospel revelation to the contrary!

According to Girard, and to many biblical interpreters who read the Bible in light of Girard’s insights about cultural and state legitimizations of scapegoating violence, Jesus’ death is the only place in world literature that gives the lie to state-sanctioned, society-sanctioned violence!    For in the story of Jesus we see the unmasking of the legitimization of religious and state violence.  It promises to liberate from the myth of sanctioned violence.  In the very convergence of the best religious tradition the world then knew, Judaism, and the best legal system the world had seen to date, Roman law, to kill the “Prince of Glory”, the Gospel story is a profound delegitimization of religious and state sanctioned violence! In fact, the Gospel revelation in its political implication is nothing if it is not the bold refutation of legitimate state violence.  As Girard says:  “Jesus dies to put an end to sacrificial behaviour [by the state]; he does not die to strengthen closed communities through sacrifice, but to dissolve them through its elimination (quoted in Agnew, Mary Barbara.  “A Transformation of Sacrifice: An Application of Rene Girard's Theory of Culture and Religion.”, Worship 61 (1987): 493-509., p. 500).”

So Girard makes a bold interpretative move of the significance of the death of Christ on the cross, of the Atonement, one that is startling yet rings true to the biblical data, to the picture of Jesus, and to the picture of God on the jigsaw box cover: He says that Jesus is not “the Lamb of God who takes away the sin of the world” because God is the ultimate child abuser on a cosmic scale who demands blood sacrifice of his very own Son for humanity’s wrongs!  No, Jesus is the scapegoat alright, but because all culture in all times, all states, all governments, legitimize sacrificial violence.  Girard says that Jesus’ death on the Cross as the Lamb of God is the signal for the unravelling of the legitimization of religious and state violence; it is the unmasking of  a societal scapegoating mechanism that in the end always resorts to violence; it is the beginning of an anthropological revolution in consciousness that two millennia later, wherever the Jesus Story has taken root in various cultures, has elevated the victim of societal violence to a status unprecedented in the entire history of the world.  He says therefore:   “When the death of Jesus is presented as [legitimate] sacrifice its real significance is lost.... (quoted in Agnew, ibid, p. 500).”  If God intended Jesus to be sacrificed, then we are right back to the old scapegoating mechanism of all cultures for all time.  But the breathtaking Gospel revelation is the denial of the sacrificial mechanism through Jesus’ willingness to be sacrificed - but only as demonstration that this indeed is the “political logic” of all who consistently would lead lives opposed to sacrificial violence!  They do get crucified! - in all cultures whose hidden basis is still scapegoating violence.  Biblically, the anthropological (how one understands being human) significance of Jesus therefore is a definitive NO to all violence across the entire spectrum of personal and state devotion to it.  Jesus offers the world a new community based upon reconciliation, justice, love, and forgiveness.  And he invites everyone to join that new community, that new humanity, to demonstrate such unity to the world that they will know, just know, that God is real. This is the first principle of mission strategy, the ultimate way to do evangelism,  as enunciated by Jesus in the so-called high priestly prayer of Jesus in John 17, (John 17:21): “that all of them may be one, Father, just as you are in me and I am in you. May they also be in us so that the world may believe that you have sent me.” (NIV)  The Church, in other words, is called to be now, what the world is meant to become then - the Peaceable Kingdom where the lion lies down with the lamb, and violence is no more.  The Church therefore has no business endorsing violence now, when the world will not know it then!  The Church is already to live out the reality of Kingdom come, though it is not yet fully realized within history (to say the least!) The Church must say no to the death penalty therefore, and all other ways of legitimate violence. 

An outstanding anthropological study of contemporary culture was produced by Gil Bailie, who is openly indebted to Girard’s insights.  In Violence Unveiled: Humanity at the Crossroads, Bailie, following Girard’s cues, explains that state and societal violence through the centuries has actually established social cohesion, has drawn most people together, but at the expense of destroying victims, and only for a limited time, before again state violence is needed to be exercised. He says: “... execution... ‘is a brutal act,’ but it is one carried out ‘in the name of civilization.’  It would be difficult to think of a more succinct summation of the underlying anthropological dynamic at work: a brutal act done in the name of civilization, an expulsion or execution that results in social harmony.  Clearly, after the shaky justifications based on deterrence or retribution have fallen away, this is the stubborn fact that remains: a brutal act is done in the name of civilization. If we humans become too morally troubled by the brutality to revel in the glories of the civilization made possible by it, we will simply have to reinvent culture.  This is what Nietzsche saw through a glass darkly.  This is what Paul sensed when he declared the old order to be a dying one (I Cor. 7:31).  This is the central anthropological issue of our age.” (Violence Unveiled: Humanity at the Crossroads, Gil Bailie, New York: Crossroad, 1995, p. 79)

“Punishing wrongdoers or protecting society from them is an inevitable fact of social life...  And yet, vestiges of ritual sacrifice survive in even the most ideal criminal justice systems.  How morally problematic future generations will find these vestiges and how they might seek to eliminate them remains to be seen.  Reversals in  any historical development can be expected, but, in the long-term, I haven’t the slightest doubt that the exposure and renunciation of sacrificial violence will continue.  In which case, to the extent that societies under gospel influence exploit their criminal proceedings for the purpose of venting their resentments, indulging their lust for vengeance, and basking in the glow of unearned moral rectitude, they will sooner or later have the devil to pay. 

“When a culture or subculture turns the system for protecting law-abiding citizens into a social ritual for generating its camaraderie, it sets up a social pattern structurally similar to the crucifixion.  Eventually, in such situations, the objective wickedness of the culprit will not be enough to offset the moral misgivings aroused by that similarity.  For obvious reasons, this is especially so in the case of ‘public executions.’  This is no doubt why of the very few Western societies that still impose the death penalty, in none of them are the executions carried out ‘in public.’  “  (Bailie, ibid, p. 81)

At public executions and lynchings in the past, as you know, it was an occasion for all the family to come out and have a picnic with everyone else in the community!  It was a major social unifier - at the expense of course of eliminating totally someone from the community.  When a black was lynched “legitimately”, and everyone came to see, and felt warm towards everyone else, guess which community was even more alienated, driven even further away from the cultural mainstream, threatened even more by the sanctioned violence of the day!

Please listen to Gil Bailie further: “The experience of being morally shaken by a public execution is the beginning of an anthropological and spiritual revolution for which the term ‘Christianity’ was coined decades after the public execution of Jesus...  What Christ has in common with all those against whom a unanimous mob has risen up will eventually outweigh the moral differences, however vast, that separate them. Societies under biblical influence will little longer be able to nullify the empathy for scapegoats aroused by the Cross by reserving its righteous and socially galvanizing contempt for certified moral failures [such as blacks back then or murderers today - my addition].” (Bailie, ibid, p. 83)

“The gospel’s insistence on forgiveness is both profound and pragmatic, but we cannot fully appreciate either until we realize how routinely moral indignation leads to the replication of the behavior that aroused the indignation.  Moral outrage is morally ambiguous.  The more outraged it is, the less likely it is to contribute to real moral improvements. Righteous indignation is often the first symptom of the metastasis of the cancer of violence.  It tends to provide the indignant ones with a license to commit or condone acts structurally indistinguishable from those that aroused the indignation.    When moral contempt for a form of violence [such as murder] inspires so explicit a replication of it [such as state executions], there is only one conclusion to be drawn: The moral revulsion the initial violence awakened proved weaker than the mimetic [imitative] fascination it inspired.”  (Bailie, ibid, p89)

This is important stuff.  So I’ll let Bailie continue a bit longer:  “Even those who support the institutional versions of sacred violence [, for example, war, capital punishment] with the heartiest gusto will be morally and politically distraught by its unofficial replicas, but they may be less able or willing to recognize the mimetic [imitative] relationship between them.  They will be reluctant to realize that we are now living in a world in which flagrant displays of righteous violence will increasingly fail to achieve ritual effects - even when they achieve their penal or military purposes - and that as a result, the society once made more peaceful by these policies will now be made more violent by them.  As a result, each time we resort again to violence, the cogs and gears of the sacrificial system - which can operate effectively only when shrouded in myth and mystification - are more glaringly exposed to view.  Moral misgivings are inevitable, their mimetic results are predictable, and the process in irreversible.  (Bailie, ibid, p. 91)

One can give as examples Bosnia-Herzegovina, Rwanda, or the inner cities of numerous American cities which have turned into war zones.

  Gil Bailie one more time:  “... the defining theme of biblical literature was a gradually developing aversion for sacred violence and the religious blood sacrifices that extended its purview, and a corresponding tendency to see historical phenomena from the perspective of its victims.  These themes... achieved their decisive historical revelation at the crucifixion and their literary summation in the New Testament.  Anthropologically, this was decisive: the crucifixion and the New Testament’s disclosure of its universal meaning.  The historical convulsions of our age are an elaborate footnote to these things.  Attempts to comprehend these convulsions that fail to take into account the destabilizing effect of the Bible’s aversion for sacrifice and its concern for victims will never get to the heart of the present cultural predicament.” (Bailie, ibid, p. 114)

Sister Helen Prejean, the most noted opponent to the death penalty in America, wrote in her book, Dead Man Walking, on which the movie is based: “I am convinced that if executions were made public, the torture and violence would be unmasked, and we would be shamed into abolishing executions (Prejean, 1993, p. 197).” This precisely the insight of Girard and others!  And this too was the basis for her contribution to the production of the movie. She was hoping that bringing a state execution into our movie theatres and into our homes through video would incite moral indignation within America on such a scale that Americans would rise up against that form of pre-meditated, cold-blooded, first degree state torture and murder. Do you think she/the movie was successful in this regard? The state has no more biblical legitimacy to kill than you or I have is the breathtaking revelation of Jesus! This is precisely what Jesus’ unmasking of legitimizing violence, of scapegoating ways, of blood sacrifice, is all about!

Yet two millennia after Jesus, the Church still does not get it! And within a few centuries of Jesus’ time in fact, it turned around and blessed the reinstitution of scapegoating violence in the name of Christ who had so definitively disallowed it! One Church historian refers to this phenomenon as Constantine’s Judas kiss to the Church, “the triumph of ideology” over the way of  Christ, the way of the Cross.  We might call it in this context “doing violence to the face of Christ”, so that again only dark blotches are seen.  And so throughout all centuries since Christ, the Church has been the primary carrier of scapegoating violence in the cultures where it has had influence.  What an indictment on the Church in the light of Jesus’ NO to scapegoating violence!

What is the biblical testimony concerning Christ’s death?

Heb 10:12

But when this priest had offered for all time one sacrifice for sins, he sat down at the right hand of God. (NIV)

The biblical revelation says that Christ’s sacrifice was once for all - and undid “for all time” all sacrifice!  Remember Jesus’ words, in the picture painted of God?:  “I desire mercy, not sacrifice.”  Can you see now that for Christians to support capital punishment, they are holding out for the continuation of a sacrificial system that in Jesus has been completely replaced by mercy!  Can you see why the death penalty not only is not consonant with the picture of God in Jesus I have been suggesting to you this afternoon, but it is in fact the “undeveloped negative” - to use a photographic image?  The full revelation of God in Christ is a revelation of mercy, not sacrifice.  And this means a decisive NO for Christians who might be tempted to support state-sanctioned violence!  Church Father Tertullian was right: when Jesus told Peter, the Rock in the early Church, to put up his sword, he thereby disarmed the Church for all time - for which the story of Jesus’ death on the Cross is the supreme example of God’s refusal to resort to violence in response to violence and murder. 

Christians through the centuries however have given in to the temptation to do an end-run around this disarming, and instead have mandated the state, or at least blessed it,  to and in resort to violence.  Do you know that there is not one war in the past two millennia where there have been churches that the Church on all sides of the conflict has not called down blessing upon its soldiers as they went out to kill - and often enough killed fellow Christians wearing the wrong uniform?  We all know of the incredibly bloody religious wars fought over the centuries in the name of Christ.  And we anguish over a Church that forced belief at the edge of the sword in the era of the Crusades, that organized the Inquisition, blessed torture and capital punishment of the most gruesome kind, supported pogroms against the Jews and a variety of less overtly violent, though no less anti-Jewish ways throughout the centuries, culminating in the Ultimate Scapegoating of millions of Jews this century in the Holocaust.

Just read what Martin Luther himself said about the Jews, and you will weep to think he has been revered all these centuries as a great Christian leader of the Reformation!  Thankfully, after World War Two, the Lutheran Church officially disowned Martin Luther’s terrible anti-Semitism.   Did you know as well that Martin Luther, based upon a similar interpretation of Rom. 13 to what has been presented today, in response to a Peasants’ Revolt in the early 16th century wrote to the Lutheran nobility:  “Smite, slay and kill all you can. You thereby do God’s will.”  And thousands were indeed slaughtered with Luther’s blessing.  (Incidentally, this is in the background of Marx’ rejection of Christianity in his development of communism.)  Did you know that Calvin likewise blessed the slaughter of Anabaptists for their rejection of the unity of Church and state (which rejection of course is now enshrined in your Constitution), and supported the drowning of them by the thousands in lakes and rivers?  Did you know that Calvin also gave full assent to the burning at the stake of Servetus, arch-heretic, in the name of Christ and the state?  Did you know that the Roman Catholics on St. Bartholomew’s Day [....] wiped out in horribly gruesome ways untold scores of French (Protestant) Huguenots, some claiming that the slaughter rivalled or outdid the French Revolution’s Reign of Terror two centuries later?  I could go on indefinitely.

I suggest to you: in all the examples given, Christians were only seeing dark blotches on the page, rather than the true face of God in Jesus Christ.  I suggest that they were directly inverting the message of the Cross which was the ULTIMATE NO to state-sanctioned scapegoating violence. I say that that is a heresy, which in Christian usage means: “false choice”.  False, because the jigsaw puzzle began to be put together wrongly in the era of Constantine, based upon a rejection of Christ’s ethical teachings, and the antichrist image of God that has emerged as dominant throughout the ensuing centuries is at best of a schizophrenic merciful heavenly Father, who, if not sufficiently propitiated by blood sacrifice, in the end turns on a humanity he loves with a torturous vengeance of such cosmic vehemence, that all the worst tyrants combined of all history appear gentle and loving in comparison!

In the faith tradition I was nurtured, as is the case with doubtless many of you, there was one outstanding favourite verse we all memorized and repeated constantly.  And it is indeed a wonderful text.   Do you know what it is?  Let’s hear it in the majestic KJV:  (John 3:16)  “For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life.”   Did you ever notice the footnote to that verse, however?....  No?....  It must be because you don’t read the KJV any longer!  Go back and check it out!  The footnote actually appears in the verse twice.  I’ll read it again with the footnotes in place:  “For God so loved  the world [FOOTNOTE: except our enemies such as murderers, Iraqis, gays, lesbians, Russians, “Indians”.... - the list has been terribly long and varied over the centuries], that he gave his only begotten Son, that whosoever [FOOTNOTE: except our enemies] believeth in him should not perish, but have everlasting life.”  On the contrary, we have - we Bible-believing lovers of John 3:16 - we have helped all kinds of potential believers in Jesus perish - exactly what the text says should not happen!  And we continue to do that with endorsement of the death penalty and state killing in war, etc.  So in the end, our favourite verse does not encompass the “world” as the text says (kosmos in Greek - and think of the implications of that!), but only a narrow circle of those we are willing to count as “in”.  And I call that “the KKK mentality”.  God in Christ drew a circle - and invited us to do the same - God drew a circle of inclusivity large enough to encompass even the cosmos, according to John 3:16. When we argue in favour of the death penalty, I ask simply: why do we deny the truth of that verse and continue to draw circles of exclusivity in direct contradiction of the Gospel revelation?

I was raised with an understanding that the great anti-Christian watershed in the West was the beginning of the Enlightenment when the authority of the Bible and the Church began to be challenged openly by the academic elites and others.  Certainly the godless Reign of Terror during the French Revolution and Communism in the former U.S.S.R. and present-day China do represent the tragic outcome of rejection of God.  According to St. Paul in I Corinthians Chapter 1, “... the message of the cross is foolishness to those who are perishing, but to us who are being saved it is the power of God (18).” (NIV)  So it is right to point to Christ, over against the challenge of the Enlightenment, as the Wisdom of God (according to I Cor. 1), as the ultimate source of all our knowing, all our “epistemologies” or ways of knowing. For Christ is indeed the Wisdom of God - the only ultimate face of wisdom we can ever hope to see.

But the same passage tells us that Christ is also the “power of God”.  And here we in the Church have faltered for centuries.  We affirm Jesus as the Wisdom of God over against all ways of knowing, but we do not affirm Christ as the Power of God - the merciful, non-violent way of the Cross of Christ - over against all other ways of doing power, of doing politics, of exercising authority in the polis - where our organized societies deal with arrangements of power.

And the world has looked on, and has simply turned away in revulsion.  Arguably, more people throughout the centuries have been lost to the Church that has presented only Jesus of the Dark Blotches, than have been turned away by sophisticated arguments about the historicity of the New Testament by people in the Jesus Seminar!  Think of the Muslims’ revulsion to Christianity alone! The key pre-Constantinian strategy of Church growth was demonstration of loving unity within the Church and compassionate caring for surrounding pagans.  That art often seems lost in Christianity Today.

It is ironic that, in America where the Church is under no threat of persecution or of being charged criminally for carrying out worship services, so few look to the “Bible-believing” part of the Church for compassionate caring! One journalist a few years ago entitled her study of evangelicalism: Faith, Hope, No Charity!, indication of what she failed to find in her looking into the tradition.  A Canadian study 30 years ago of the conservative Church concluded that in spite of Jesus’ own teaching and example of love, the conservative Church was less loving than the non-devout.  Remember my story of the man who apparently would have exercised capital punishment on the spot on me had he had the power?  Was he showing the face of Jesus when he did that - or only dark blotches?

I have learned from the Eastern Orthodox tradition that our humanity is best understood as being “in the image of God” in how God as Trinity is a True Self precisely in the Father’s showing Himself in the Son, of the Son’s being seen in the Spirit, and so on.  Likewise we are only a true self when we “love our neighbour as our self” - when we discover that our neighbour is ourself - which can only mean exegetically, when we discover constantly our true selves in the other.  And we know Jesus’ test case here:  the “enemy” whoever that may be.  Failure to do so is in the end “metaphysical suicide” - we destroy our very humanity, we simply never discover who we truly are.  In other words: though we may have gained the world, we lose our very soul/self. I learned from Mother Theresa in the Roman Catholic tradition, based upon Jesus’ teaching in Matt. 25,  that whatever is done to the “least of these” is done to him, that we have no hope of finding Jesus, despite our loudest religious protestations (remember Shakespeare here) if we do not find Jesus in the well-being of the neighbour near at hand - and far away, who is our “enemy”.

Put those two profoundly biblical insights together, and we have this: The only way to find one’s true self, the only way to find Jesus, the only way of salvation, is in our constant working for the well-being of the other, especially the enemy: who today in this forum is the murderer! So I say, will the death penalty for the murderer, and we will, finally, the death of our true selves, the death of Jesus himself.  In fact, we show ourselves in league with the devil who was  (John 8:44) a “murderer from the beginning”.  More chilling: we show ourselves still willing participants in the crucifixion of the Lord of Glory.  For in our yen to kill the murderer, we crucify Jesus all over again!

The biblical doctrine of salvation understands that God’s gracious act in Jesus of love towards us,  and our gracious act in Jesus of love towards the other - the neighbour near and the enemy far  away - are two sides of the same coin.  The great secular heresy (false choice), as we know, is people thinking they can love the other without loving God.  The great Christian heresy, as we often do not know, is people thinking they can love God without loving the other.  In the context of this dialogue this afternoon, failure to love the murderer, the willing of his death at the hands of the state, is failure to love God.

Conclusion

So I say in conclusion: the question of capital punishment is in the end the question of what face emerges from the jigsaw puzzle of the biblical data as we the believing community interact with it and tradition.  I suggest that if, throughout all our biblical work, we keep looking at the face of Jesus on the Gospel box, then we will say no to all forms of state-scapegoating, since they were once-for-all brought to an end in Jesus.  And this means saying no to the state-sanctioned violence of capital punishment.  If Jesus is for us the Power of God, then the death penalty stands in direct contradiction of Jesus.  Seek it, and we seek to crucify the Lord of Glory again.

A Mennonite theologian puts the matter thus:  “The Bible’s witness on these [ethical] matters is a long story, not a timeless, unchanging corpus of laws or of truths.  What matters for us is not the cultural substance of where the story started (with its racism, its superstition, its slavery, its holy warfare, its polygamy, and its abuse of women), but where it was being led.  That direction is toward Jesus; toward validating the dignity of every underdog and outsider, of the slave and the foreigner, the woman and the child, the poor and the offender.  This is done not on the grounds that this or that outsider [such as a murderer] is an especially virtuous person, but on the grounds of God’s grace.

The culmination of the story for our purposes is that the Cross of Christ puts an end to sacrifice for sin., (House and Yoder, 1991, p. 159)”

References

Agnew, Mary Barbara.  “A Transformation of Sacrifice: An Application of Rene Girard's Theory of Culture and Religion.”, Worship 61 (1987): 493-509.

Bailie, Gil, Violence Unveiled: Humanity at the Crossroads, New York: Crossroad, 1995.

Hamerton-Kelly, Robert G., ed., Violent Origins, Stanford: Stanford University Press, 1987.

House, H. Wayne and John Howard Yoder, The Death Penalty Debate: Two Opposing Views of Capital Punishment (Issues of Christian Conscience), Dallas: Word Books, 1991.

Prejean, Helen Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States. New York: Random House, 1993.

Why I Oppose the Death Penalty (Part 1) by Wayne Northey

Why I Oppose the Death Penalty: "The Talking Place: Discussing the Death Penalty" Forum on the Death Penalty, Fairbanks Alaska

[NOTE: I was invited to participate in a statewide dialogue on the Death Penalty in Alaska, where capital punishment is off the law books.  The issue was heating up, sadly because of Evangelicals in that state.  I, representative of Mennonite Central Committee Canada Victim Offender Ministries at the time, was asked to “debate” the issue on biblical grounds with Dr. Richard Land (read about him at: http://www.erlc.com/CC_Content_Page/0,,PTID314166|CHID600674|CIID,00.html), then as now President
of The Ethics & Religious Liberty Commission of the Southern Baptist Convention.  I said I would not take part unless the event was changed to a “dialogue” where winners are not declared like a gladiatorial contest, but participants are honoured in honest dialogue.  Below is the text I first spoke from in that dialogue, held at the University of Alaska Fairbanks, and teleconferenced throughout Alaska, including to the Juneau legislature.  I reflect on this, including inserting a letter I wrote Dr. Land years later in seeing that his support of the death penalty (he is after all a sixth-generation Texan, where Texas is the most killing jurisdiction in the Western world) had grown to support for U.S. Empire worldwide capital punishment (of vast numbers of innocents) in its War on Terror. You may read these reflections at: http://www.clarion-journal.ca/article.php?story=20040721064535388.  A professional video was done at the time, which one may borrow from me.

The initial presentation is divided into Parts One and Two.  There is also Part Three where I adduced responses to specific biblical texts usually (wrongly, I argue) adduced in support of the Death Panalty.]

Why I Oppose the Death Penalty:  “The Talking Place: Discussing the Death Penalty” Forum on the Death Penalty, Fairbanks Alaska, March 22, 1997 – Part One]

Part I

A.  Introduction

I have come to participate in this forum today with some reluctance.  On principle I am opposed to “debates”, since they already presuppose a winner and a loser.  As I understand the Bible, Jesus draws a circle, and invites us to do the same, large enough to invite everyone into it, no exceptions, no losers.  Even when he was at his harshest in condemnation of the Pharisees, Jesus still had a Nicodemus and a Joseph of Arimathea knowing he was nonetheless reaching out to them.   I am pleased therefore that this is preferably called a “dialogue” today.  Yet it cannot help but be set up as two opposing sides kind of “going after each other”.

I guess that is unavoidable on any issue that has such life and death implications as the death penalty.

B.  Biblical Hermeneutics and the Picture of God

I was raised in the Church.  My parents both came from other denominational backgrounds into the “denomination” in which I was raised, the Plymouth Brethren.  If you know anything about that tradition, the Bible was kind of drilled into us.  One Church historian refers to my tradition as “quintessentially fundamentalist”, in part because of its emphasis upon the Bible as the “Supreme Authority”.  Some refer to this approach to the Bible as believing in a “paper Pope”.   

Will Campbell, a Southern Baptist preacher and writer, tells the humourous story of a man who came to his door one day to share his faith.  Campbell let him go on for a time, not revealing that he was a Christian pastor, and a Southern Baptist like his visitor. The man at the door mentioned that he believed in the Bible, 100%.  Campbell quizzed him closely on that to be sure he had heard correctly.  When he repeated his statement, Campbell ceremoniously walked over to his coatrack, picked up his coat, and said to the man:  “Sir, I’ve been just looking for someone like you!  Come along with me right now!  Let’s go!  For doesn’t Jesus say somewhere in that Bible of yours that he has come to set the prisoners free?  Well sir, there is a prison just a few miles from here, and I want you to come with me right now to knock on the front gates, and in the name of Jesus declare with me:  ‘We have come to set your prisoners free!’ “

The man was horrified and said back to Campbell:  “When Jesus said that, he meant spiritually not physically....”

“Don’t you go doin’ any fancy exegetin’ on me!”, Campbell shot back with a twinkle in his eye.  “You say you take the Bible to be literally true.  The Bible says that Jesus came to set the prisoners free, and I say that we ought to act on it right now!  Further, I understand there are at least 15 million Southern Baptists like you in America who believe in taking Jesus and the Bible literally.  I want you to help me mount a campaign all across America to ‘set our prisoners free!....’“

That would-be door-to-door evangelist that day got more than he had bargained for.

The point of the story according to Campbell is: we all interpret our Bibles. And we are therefore in an immediate dilemma about how to understand them.  The fancy word for the “how” is hermeneutics.

1.  Story of the Photographer and the Dark Blotches

An unusual picture was once circulated around our Church when I was a kid.  I remember it well.  The brief notation below the picture explained that a man had been travelling along the highway after a pristine snowfall sparkled its brightness everywhere under a glorious sun.  At one point he stopped, and noticed an unusual play of shadow against the backdrop of the freshly fallen snow.  Being an amateur photographer with his own dark room, he took out his camera and snapped a few pictures of the strange phenomenon.  He was astounded when, upon developing them, one in particular displayed an amazing likeness to the traditional artists’ depictions of the face of Jesus.  We all were invited to see what he saw.

What I saw first however, as did most, were dark blotches against a snow-white background.  There was no face of any kind to see.  Except there was!

It took some doing, some adjusting, but finally I got it! I saw the face too! 

Then, what was fascinating after that was, no matter how I looked at the picture, sidewards glance, upside down, back to front even when held against a clear window, I never failed immediately to recognize the face of Jesus in that photo.

We all know this phenomenon.

But some never did see the face.  Their eyes simply never adjusted.  They even doubted that we who saw really “saw”.

Theology means literally, a word, or words about God.  What theology really is concerning is creating for us, the believer, an accurate word-picture of God’s face.  Now I’m not an artist, unfortunately.  Still, my task at the outset is to draw a picture of God’s face for you, to ask if this fits Scripture, tradition, and your experience.

Unfortunately, there are no artists’ drawings of the real face of Jesus that have come down to us.  So we have to discover the face of Jesus, and thereby the face of God, we Christians say, somehow in the written word - the Bible.  The data of Scripture, in ongoing dialogue with Christians’ interpretations through the ages and our faith community’s understandings today all help us throughout our lives to form an ever sharper image of God.

Once an editor (in his 50’s) of a theological piece I had written and was publishing said to me as the task was completed: “I have never been able to shake a picture of God I have had since my childhood.  That picture is one of a God who is stern, harsh, totally demanding, punitive, a ‘Hangin’ Judge’ ready to condemn me severely for anything I do wrong, and likely to relegate me to hellfire should I ever so slightly step out of line.”  He was a Christian, to be sure, and a faithful church-goer, he acknowledged, but he wasn’t entirely sure that spending an eternity with such a “god” would not be more like his understanding of hell!

The dilemma we are in can be put as an analogy.  The Bible is like a monstrous jigsaw puzzle, with a vast number of individual pieces to it.  It’s in fact the Ultimate Cosmic Jigsaw Puzzle, we Christians believe!  I have seen once in my life the kind of jigsaw puzzle I am comparing the Bible to: one with identically shaped pieces.  In the puzzle I saw, they were all squares.  Now, it was a daunting enough  task to put the puzzle together that I saw with the original box and the picture on it.  Try doing an identically shaped pieces jigsaw puzzle sometime!  But what if there were rival box cover pictures, and debate about which was the authentic one? 

I am suggesting that the biblical data is precisely like that kind of jigsaw puzzle with identically shaped pieces.  I’m suggesting further that we would have no hope of putting it together at all were it not for the face of Jesus we discover in the New Testament revelation, which becomes for us the ultimate picture of the face of God.  I am suggesting that all other box covers than that of Jesus as seen in the New Testament revelation, are inadequate or wrong.  But I’m suggesting further that it is nonetheless difficult to see the face of Jesus properly.   For some they “see”, but all that is seen are dark blotches.  And I think that one in that case does not really “see”.  Piece together the jigsaw puzzle when one only sees dark blotches, and one’s picture of God will turn out entirely differently from doing it with the face of Jesus seen aright!

What do the biblical texts say:?

I Jn 1:1-7

1          That which was from the beginning, which we have heard, which we have seen with our eyes, which we have looked at and our hands have touched-- this we proclaim concerning the Word of life.

2          The life appeared; we have seen it and testify to it, and we proclaim to you the eternal life, which was with the Father and has appeared to us.

3          We proclaim to you what we have seen and heard, so that you also may have fellowship with us. And our fellowship is with the Father and with his Son, Jesus Christ.

4          We write this to make our joy complete.

5          This is the message we have heard from him and declare to you: God is light; in him there is no darkness at all.

6          If we claim to have fellowship with him yet walk in the darkness, we lie and do not live by the truth.

7          But if we walk in the light, as he is in the light, we have fellowship with one another, and the blood of Jesus, his Son, purifies us from all sin.  (NIV)

The biblical text allows that we may in fact only see dark blotches - “walk in darkness” - even when we profess Christ.

John 1:1-5

1          In the beginning was the Word, and the Word was with God, and the Word was God.

2          He was with God in the beginning.

3          Through him all things were made; without him nothing was made that has been made.

4          In him was life, and that life was the light of men.

5          The light shines in the darkness, but the darkness has not understood it. (NIV)

Again, however, we may look, but only see darkness, dark blotches.

.......

John 1:14-18

14        The Word became flesh and made his dwelling among us. We have seen his glory, the glory of the One and Only, who came from the Father, full of grace and truth.

15        John testifies concerning him. He cries out, saying, “This was he of whom I said, ‘He who comes after me has surpassed me because he was before me.’“

16        From the fullness of his grace we have all received one blessing after another.

17        For the law was given through Moses; grace and truth came through Jesus Christ.

18        No one has ever seen God, but God the One and Only, who is at the Father’s side, has made him known. (NIV)

Jesus is the face of God to us.

Heb 1:1-3

1          In the past God spoke to our forefathers through the prophets at many times and in various ways,

2          but in these last days he has spoken to us by his Son, whom he appointed heir of all things, and through whom he made the universe.

3          The Son is the radiance of God’s glory and the exact representation of his being, sustaining all things by his powerful word. After he had provided purification for sins, he sat down at the right hand of the Majesty in heaven. (NIV)

God spoke in various ways once, but definitively in Jesus.

Heb 12:1-2

1          Therefore, since we are surrounded by such a great cloud of witnesses, let us throw off everything that hinders and the sin that so easily entangles, and let us run with perseverance the race marked out for us.

2          Let us fix our eyes on Jesus, the author and perfecter of our faith, who for the joy set before him endured the cross, scorning its shame, and sat down at the right hand of the throne of God. (NIV)

Jesus is the Centre of our faith.  No one, nothing, else!

What do all these texts say?  A few key points:

1.  Faith is all about “seeing” Jesus aright.  No dark blotches on white, for we are called out of darkness into the light.

2.  The Ultimate Picture of God is none other than the face of Jesus.  To fill that out: when Jesus teaches something, exemplifies it in the Gospel texts, then at least one New Testament writer seems to reflect that theological understanding (remember, theology is all about a word-picture of God), we ought to sit up, take notice, and work on living out the truth of it.  Now I was raised that way, as were many of you.  And I still am trying to live out my Christian life according to that understanding.

3.  If Jesus is the final, the ultimate picture of God, we need to be especially attentive to how that  picture appears.  We also need to be prepared to put the highly complex biblical jigsaw picture together according to the picture of Jesus as he teaches us about the picture of God.  For that is what the whole enterprise of Bible interpretation is finally about: seeing the face of God.  That’s what we want to see emerge everytime we approach our Bibles. And, (Matt 5:8) “           Blessed are the pure in heart, for they will see God.” (NIV)

But what then if we put the pieces together incorrectly? How are we to know?  By looking again at the face of Jesus. And what if in our dealing with all the data of the Bible we see at times other pictures of God seemingly in tension, perhaps in contradiction of the picture of  God in Jesus, what are we to do?  We are to look again at the face of Jesus.  And what if, in putting that jigsaw puzzle together, we discover that the image of God emerging challenges our long-held beliefs - even Christian beliefs - about how God is, and how we are to act in light of how we think God is?  We are to look again at the face of Jesus, and still follow him, even when no one else will, and we perhaps walk alone/

For we are Christians, not mosaic lawyers.  We are Christians of the New Covenant, not God’s people of the Old Covenant.  We are Christians, who take our cue from following Jesus when he said repeatedly in the Sermon on the Mount:  “You have heard it said... but I say unto you.”, and of whom our text says: “The Law was given through Moses, grace and truth through Jesus Christ (John 1:17)”. 

My dad was a lay preacher in our Plymouth Brethren tradition and a longstanding elder in our home assembly.  Do you know what his favourite Bible verse was?  It was of course in the King James version, and it went like this:

1 Sam 15:22

Behold, to obey is better than sacrifice, and to hearken than the fat of rams. (KJV)

In the New International version, it reads:

1 Sam 15:22

To obey is better than sacrifice, and to heed is better than the fat of rams. (NIV)