Acting in Conformity with the Law versus Acting From or Because of the Law

When Lutherans come to think about God's Law, they sometimes think and say some rather confusing things.   Oftentimes this confusion reigns because they don't properly distinguish from among the nature of law, its motivation and its effects.    

Properly speaking, the law is that which ought to be the case, as it is commanded and enforced by a proper authority: God.  While the law is not a description of what actually happens, it is the real reality of what should happen: That which ought to be is as that which ought to be.  Accordingly, Lutherans should be nomological realists; they should hold that the  law is something objectively present outside of human awareness, perception, conception and language.  Thinking of such a law is, however, prone to abstraction.

Over the last centuries, Lutherans have been busy trying to follow Luther's lead in not thinking about the law abstractly, but rather considering it concretely.  Accordingly, the law is not simply an eternal set of prescriptions, but is itself a power.  The law, in fact, accuses.  It kills.

But the question arises: In what sense can the law accuse and kill?   Even asking this question seems misguided to Lutheran insiders.   How could a Lutheran theologian seriously suggest that he knows not the sense in which the law accuses and kills?   Does he not get even the basics of Lutheran theology?

Seemingly straightforward questions that somehow get asked anyway generally suggest that there has been some adjustment in the underlying set of assumptions or paradigm.   If one starts with the reality of human existence and the human Urerlebnis of being held fully responsible for not being able to do what one ought (Elert), then indeed asking in what sense the law accuses and kills is like asking in what sense water is wet.   However, if one is serious about theological realism, then things change a bit.  The law gains an ontological vitality not entailed by its phenomenological contour.   Now the law is because God is.  The law becomes an expression of what God is in and through creation.   A divine nomological ontology now sharply distinguishes the law in se from its effects pro nobis, and from our own motivations to do the law.

Kant famously distinguished acting because of or from duty from merely acting in accordance with duty.  For Kant, the motivation for doing an action is what is at issue morally.  I can save the old lady about to be hit by the truck for a number of reasons, some quite selfish or misguided.   (Maybe I don't like to see the hoods of trucks dented or dirtied.)   To act solely on the basis that saving her is the right thing to do is to act morally for the right reason.   (Kant used the example of the shopkeeper who acted merely in accordance with duty - - and not from duty - - in not duping his customer because the shopkeeper wants to build a good reputation and a better business.)

The distinction between acting in accordance with a rule or acting from, because or due to a rule is helpful, I think, in getting clear on how the law accuses and kills.

God wills x but Bob cannot seemingly or easily do x.   This willing of x by God is real: it exists apart from human awareness, perception, conception and language.   Now Bob can live "according to the law" by so acting with respect to x because of, from or due to x.  Such life under the law is itself a fundamental existential response to the reality of the law.   One can attempt to be moral and do what it is that one ought to do out of  proper motivation: One acts solely because this action is commanded by God.   While acting from the law is good for Kant, it is bad for Luther (and all of us generally) because to act because of the law is to prioritize, reify, and focus upon the fact of x.  Such prioritizing, reifying and focusing upon x can only push one further away from the author of x.

Fortunately, what is bad of Kant is good for Luther (and all of us generally).   While to act merely in accordance with duty is, for Kant, not really to be acting in a morally manifest way - -though he clearly says that such acting can be wholly appropriate - - acting in accordance with the law can be for Christians a highly laudable state.   (One should act so that one's right-hand does not know what one's left-hand is doing.)  Grace is eschewing a life lived "according to the law" so that one can "act in accordance with the law" and not due to the law.  Acting merely in accordance with the law is what grace accomplishes.   The law is taken up, not abolished.   What is abolished is acting from the law; what remains is acting in accordance with the law from proper inclination (spontaneous thankfulness) and not from the demands of the law itself.   Such an acting is neither accusatory nor nefarious; it simply is on the basis of He who is.

If we keep with the central story of Christianity - - there is a God and this God has a definite intentionality for His creation - - then the Lutheran focus on Law and Gospel is properly understood as a pertaining not primarily to the order of things, but mainly to the order of the human heart with respect to things.  (I am not wholly denying here that nature is out of conformity with the law under the conditions of the Fall, but simply not thematizing it here.)   Is the primal ought manifest to human beings as accusation or gift?   Is it finally that which kills or that which makes alive?   It all goes back to the motivation of the human heart, and with respect to the importance of motivation Kant was fully in accord with Luther.  What is different is the nature of motivation.   Luther knew what Paul proclaimed:  To act due to the law was to live according to the flesh.   But to be gifted to act freely merely in accordance with the law is the most blessed life available to all; it is to live in the dynamics of the Spirit.