Nomological Confusions

Lutheran theology classically distinguishes the first and second use of the law. The first use is civil. Here the law works to keep human beings from descending into lawless chaos. The law in its first use functions to order society and to establish those requisite structures that make possible human life together. While this law is a curb, the second use of the law functions as a mirror so that we can see our waywardness and be driven by this realization to the foot of the cross. This theological use of the law was clearly thematized during the Reformation.

Lately there has been confusion in some otherwise solid Lutheran quarters about how the first and second use of the law connect to one another. Some have argued that human reason alone can establish the content established by the first use of the law. They have claimed that reason can establish that both homosexuality and mendacity are wrong. This reading claims, in nfact, that some ethical theory can provide solid grounds as to what is good and bad, right and wrong. For instance, instead of looking at divine proscription, they would argue that homosexuality is wrong on either an act or rule utilitarian perspective. The argument goes this way:

1) One ought to do those actions which conduce to the greatest happiness.
2) Homosexual actions cause physical and mental pain for the participants and their families.
3) Thus, one ought not to do homosexual actions.

The thing to notice about this argument is its consequentialism. It is, of course, the nature of a consequentialist argument to disagree about what consequences will likely follow from an act. To say that a homosexual act is wrong because it has a greater likelihood of causing medical problems in the participants, that it comcomittantly places a greater strain on medical resources, and that those so inclined to homosexual action would suffer more pain from engaging in the action than not engaging is to take part in a thoroughgoingly hermeneutical task. It is a question of the horizon of one's interpretation. Two intelligent people, equally well-trained in philosophy could disagree as to the extent that homosexual actions cause physical and mental pain. In such a case, as is well known, one's motivation for finding things to be a certain way can determine the way that one finds thing. Interpretations, after all, are entirely human matters. An interpretation is, in fact, in many ways like an artefact: One's motive partially manufactures it. An interpretation does not depend upon that which lies outside the self, rather it is autonomously produced by the self.

Now the rub comes. If an interpretation is a human artefact, and interpretations can be changed by the interpretants, then the material content of the first use of the law is determined by human reason. But how can that which is identified (and constructed) by human reason ever drive someone to the foot of the cross? Surely, to be driven to the foot of the cross presupposes that one is not who one ultimately should be, and that someone in power is upset by this. It seems to me that only if one deeply knows that he is not whom he should be could he ever be driven to the foot of the cross. Thus arises repentance and contrition, and the perceived need for the saving grace of the gospel.

Making the material content of the first use depend upon human autonomy, and the material content of the second upon divine heteronomy, clearly destroys the unity of the law and leads to nomological confusions. Within the context of such confusion, the old temptation of antinomianism flourishes alive and well.