|
The Use of
the Law
A Summary Statement
Introduction
Since the early 1950s the issue of the Christian's use of the law in
litigation has been raised with increasing frequency in the Mennonite
Church. Agencies and individuals have often felt alone as they worked
at faithfulness to Christ in the midst of business and legal
involvements which demand hard decisions.
From 1959 to 1965 Mennonite Auto Aid sponsored a study of litigation.
This study along with a conference on this issue in 1961, while
helpful, drew no conclusions. In 1976 a task force was appointed by the
Mennonite Church General Board to study the ethical implications of
litigation. As they proceeded with their assignment, this study group
reviewed their work with the General Assembly in both 1977 and 1979
with the final document presented and approved in 1981 at Bowling
Green, Ohio.
This statement is intended as guidelines and resource material for
individual, congregational institutional, and churchwide use in
discerning the mind of Christ and the path of obedience.
Ivan Kauffmann, General Secretary
Mennonite Church
General Board
528 East Madison Street
Lombard, Illinois 00148
The Use of the Law
A Resume
1.
Mennonites understand that commitment to Christ brings them under
Christ's lordship and provides resources for living in his way of
discipleship, peace, and reconciliation.
2. The
Scriptures, primarily the New Testament, are the basis for guidance to
resolve disputes and questions of justice when believers use their
meaning and intent to formulate a response to specific situations.
3.
Because there is in modern society an increasing dependence on the law
for resolving issues, the Christian needs discerning guidance to
maintain faithfulness to Christ.
4. The
role of law is to maintain order and to determine what justice requires
in the light of society's values. Christians should uphold the
intention of law and honor personal legal obligations and voluntary
agreement. They are also committed by the will of God to achieve
reconciliation and peacemaking.
5. The
congregation, both its local and churchwide resource, should have an
active role in discerning appropriate ways for resolving differences.
6. Issues
involving church members as well as corporations or institutions in
which Christians carry responsibility should not be brought to the
courts without the counsel and support of the congregation or other
church resource.
7. In
seeking to achieve a settlement, the Christian is committed to going
the second mile. The Christian should support various alternatives to
litigation such as arbitration and meditation.
8. Are
there specific occasions when the counsel of the church could be that a
Christian may be involved in litigation? Approval can only be for cases
that do not share those elements which New Testament examples clearly
advise against.
-
The Use of the
Law
A Summary Statement
1.
The Call of the Kingdom
Mennonite churches understand that the call of Jesus
Christ is to a life of discipleship, following him in ways of peace and
reconciliation. Those in Christ have a new relationship with God,
having been justified and freed from past sin, and are enabled by the
grace of God to grow into the fullness of Christ.
Those in Christ
have the Scriptures, the Holy Spirit, and the love and care of brothers
and sisters in the church to enable them to overcome the kingdom
darkness and to walk in the light. Those walking in the light are
called to witness for Christ, often in ways that require suffering
wrong. Such meekness and suffering love characterize life in the
kingdom and the meaning of the cross in human relationships. Those in
Christ's kingdom choose to do his will as they recognize and obey his
lordship.
2.
Some Scripture Dealing
with the Settlement of Disputes and Justice
The following Scriptures are given for the
convenience of persons or groups facing questions of the Christian and
civil law. No interpretation or statement should take the place of
congregations and individuals becoming directly involved in
interpreting and applying the Scriptures in the light of their
particular cases. This paper seeks an approach to interpreting the
Scriptures in current situations in the life of the
Anabaptist-Mennonite understanding of the Christian faith and life, of
the role of the church, and of the high place which the Scriptures are
given.
"He has showed you,
0 man, what is good; and what does the Lord require of you but to do
justice, and to love kindness, and to walk humbly with your God?" (Mic.
6:8).
"You have heard that it was said,' An eye for an eye
and a tooth for a tooth.' But I say to you, Do not resist one who is
evil. But if anyonestrikes you on the right
cheek, turn to him the other also" (Mt. 5:38- 39).
"And if anyone would sue you and take your coat, let
him have your cloak as well; and if anyone forces you to go one mile,
go with him two miles" (Mt. 5:40-41).
"If your brother sins against you, go and tell him
his fault, between you and him alone. If he listens to you, you have
gained your brother. But if he does not listen, take one or two others
along with you, that every word may be confirmed by the evidence of two
or three wit- nesses. If he refuses to listen to them, tell it to the
church; and if he refuses to listen even to the church, let him be to
you as a Gentile and a tax collector. Truly, I say to you, whatever you
bind on earth shall be bound in heaven, and whatever you loose on earth
shall be loosed in heaven" (Mt. 18:15-18).
"One of the
multitude said to him, 'Teacher, bid my brother divide the inheritance
with me.' But he said to him, 'Man, who made me a judge or divider over
you?' And he said to them, 'Take heed, and beware of all covetousness;
for a man's life does not consist in the abundance of his possessions'
" (Lk. 12:13-15).
"As you go with
your accuser before the magistrate, make an effort to settle with him
on the way, lest he drag you to the judge, and the judge hand you over
to the officer, and the officer put you in prison (Lk. 12:58).
"Do you wish to go
up to Jerusalem, and there be tried on these charges before me?" But
Paul said, "I am standing before Caesar's tribunal, where I ought to be
tried; to the Jews I have done no wrong, as you know very well. If then
I am a wrongdoer, and have committed anything for which I deserve to
die, I do not seek to escape death; but if there is nothing in their
charges against me, no one can give me up to them. I appeal to Caesar"
(Acts 25:9b-ll).
"When one of you
has a grievance against a brother, does he dare go to law before the
unrighteous instead of the saints? Do you not know that the saints will
judge the world? And if the world is to be judged by you, are you
incompetent to try trivial cases? Do you not know that we are to judge
angels? How much more, matters pertaining to this life! If then you
have such cases, why do you lay them before those who are least
esteemed by the church? I say this to your shame. Can it be that there
is no man among you wise enough to decide between members of the
brotherhood, but brother goes to law against brother, and that before
unbelievers? To have lawsuits at all with one another is defeat
for you. Why not rather suffer wrong? Why not rather be defrauded? But
you yourselves wrong and defraud, and that even your own brethren" (1
Cor. 6:1-8).
"Therefore, if
anyone is in Christ, he is a new creation; the old has passed away,
behold, the new has come. All this is from God, who through Christ
reconciled us to himself and gave us the ministry of reconciliation;"
(2 Cor. 5:17-18).
"Let each of you
look not only to his own interests, but also to the interests of
others. Have this mind among yourselves, which is yours in Christ
Jesus" (Phil. 2:4-5).
Sentences and
phrases of Scripture should not be used out of context as proof-texts
for creating rules of conduct. The basic meaning of biblical passages
is derived from the historical setting in which they were given and the
limits of literary and grammatical structures and the overall intent of
Scripture. The church today is reponsible to provide the authoritative
link with the first century church, taking into account the historical
experience of the church, and interpreting and applying that experience
and teaching to current issues.
Jesus' teachings
are not cast in a legal code. They are striking illustrations of the
meaning of his gospel. Jesus challenges his followers to find
reconciling ways to overcome conflicts in the various situations of
life.
3.
Legal Involvement and Complexity Call for the Guidance of the Church
There has recently
been a rapid increase in lawsuits and a consequent expansion in
personal and institutional liability. Especially when liability
insurance or larger institutions are involved, there is a tendency to
seek higher and higher levels of monetary compensation for personal
injury or various kinds of real or imaginary loss. With these trends
come subtle temptations to use legal procedures and counsel to satisfy
selfish desires, rather than to assure justice in human relationships
and follow the Christian way of love.
Mennonites have
traditionally understood that bringing suit at law is a violation of
Christ's call to nonresistant love, peace, and reconciliation. Many
believers have felt this so strongly that they sought alternatives to
litigation, even when these alternatives resulted in economic losses.
As life has become more complex, as liability claims have become more
common, and as the scope of governmental statutes and regulations has
increased, Mennonites have become more involved in legal
proceedings. The threat of and involvement in litigation is experienced
by leaders in church institutions, persons engaged in business and
agriculture, professional persons, the average householder,
conferences, and even congregations.
There is a
necessary dependence on legal counsel and proceedings to protect
oneself and meet the requirements of the law. However, iince the common
norms for the practice of law are designed to serve a pluralistic
society, we cannot fully discern God's will apart from specific
insights of the Christian faith. Therefore, faithfulness to Christ in
an increasingly litigious society requires the identification of
patterns and relationships that will give guidance and counsel for a
faithful witness.
4.
Christians Use the Civil Law
This paper assumes
a positive role of law in human society and encouragement for the
professional practice of law. It is the role of law to maintain order,
to clarify and interpret law and statute, and to determine what justice
requires in the light of society's values. Law is based on constitution
and statute as they are interpreted in the courts. The adversarial
system, with its rules of evidence, presumption of innocence, and other
customs, is designed to find justice on an objective and fair basis.
Christians should use the positive provisions of the civil law with
adequate legal counsel in order to fulfill the intention of law.
Carefully drawn contracts and other instruments, written according to
the provisions of the law, are an obligation of Christian integrity.
Christians should
be aware that in securing many kinds of insurance, an agreement is made
that gives the insurance company the sole right to resolve any disputes
involved. Such an insurance policy usually gives the insurance company
the exclusive right to initiate a Iawsuit in the name of the insured
person. The insured is also required to notify the company of a
potential claim immediately and is limited in making other personal
approaches or statements. The delegation of these rights and
responsibilities (i.e., subrogation) is a matter for careful
deliberation.
A part of the
church's mission of proclaiming "good news" may be to address
structural and institutional evil. For some, basic inequities are
rooted in economic, social, legal, and religious structures. These
structures can be responsible for injustice in the way service is
supplied or in the way the law and custom are construed. The poor, the
illiterate, the new immigrant, and other oppressed persons are in
special jeopardy, because of the difficulty of equal access to some
institutions and to the structures of justice. When the church, its
agencies, or groups seek justice for a third party within existing
structures, or by appealing for necessary changes in law, structure or
procedures, litigation may be warranted. Church persons engaged in such
mission should have their proposals for litigation on behalf of others
monitored by a church resource so that reconciliation and peace
concerns are not overlooked.
While the texts of
the Scriptures do not speak to all issues of civil law, there certainly
are legal proceedings today that are similar to those the New Testament
advised against. Even a proceeding not commonly thought of as
adversarial such as the settlement of a decedent's estate or the
transfer of real estate can be the occasion in which concerns for
justice and the welfare of various parties are neglected.
When differences
arise which cannot be resolved with the resources of the church and the
Christian faith, there is a sense of failure because Christians are
called by Christ to settle their differences quickly and seek to be
reconciled to all. In accepting this call, Christians are also
challenged to go the second mile when need, opportunity, deficiency in
requirement of the law, or the unique Christian witness requires.
Tension is inevitable between Jesus' new human community of the Spirit
and the secular society under the rule of law. The need to make careful
distinctions and a clear commitment of Jesus' way when under this
tension will require the counsel, support, and evaluation of the
church.
In simple faith and
humble obedience, the believers' church seeks to live out the meaning
of the Holy Scriptures in the spirit of Jesus' intention and the
direction to which his kingdom calls. This kingdom call is not bad news
imposed by a legalistic tradition, but is part of the good news of the
gospel and an experience of liberty and reconciliation. It is a
privilege to share the nature of God's love in Christ in our day-to-day
relationships. By exploring these reconciling challenges of the gospel,
believers who are involved in business and professions, as well as
others, have a resource that can help the whole community solve its
litigation problems.
5.
Congregational Responsibility in Discerning God's Will
The teachings of
Jesus and the apostles, the nature of the Scripture, the complexity of
our situation, and the conflict between selfishness and altruism within
each Christian combine to create a specific need for the involvement of
a Christian community or congregation to interpret and apply the
Scriptures and discern the will of God in a given tuation. While
congregational involvement does not guarantee faithfulness in every
respect, there is a greater possibility of openness to the renewing
Spirit of God than a traditional literalism, individualism, or
authoritarian leadership.
In seeking to
understand and to apply scriptural teaching, the congregation makes use
of its elders and pastoral leadership, its teachers and adult
discussion groups, its theologians and scholars, and its small
face-to-face groups of various types including groups of occupational
peers. The congregation, in dialogue with the wider Christian
fellowship, should also make use of resources from other levels of the
church its discerning task. The church cannot surrender its
responsibility to act without weakening the life, witness, and
faithfulness of its membership. In this way the Scriptures, the Holy
Spirit, and the congregation each contribute to the discernment of the
will of God in each situation.
6.
How the Counsel and Involvement of the Church Can Be Effected
When facing a legal dispute,
members of the church should commit themselves to work with an
appropriate person or committee of the congregation (deacons, elders,
pastoral committee, etc.) to identify possible and trusted counselors.
These counselors should seek to understand the situation in which the
believer finds himself, to help the believer discern how concerns for
justice and suffering love apply, give support needed to overcome greed
or self-justification in order to maintain a reconciling stance, and to
serve as a liaison between the individual member and the church. When
the counsel is for the Christian to accept loss, this could be the
occasion for mutual sharing of loss.
When members are part of large or corporate entities
involved in litigation, the local congregation might not be an adequate
source for counsel. In such instances the individual member and the
congregation may well seek help from the conference to identify counsel
and help in the situation, which would usually include business and
professional peers in the church. Managers or business enterprises
generally have not had the benefit of direct church support. Effort
should be made in the various areas of the church to see that adequate
counsel is available to all who desire such counsel.
Church or
quasi-church institutions having boards elected by the church or made
up of members of the church should also have special church support and
counsel for involvements in litigation. These institutions could work
with the General Board or other appropriate church resources to
identify and appoint qualified persons to this function. These
counselors would function in much the same way as counselors chosen in
a local congregational setting. They would review, counsel, or help
discern direction and practice in the specific situations facing a
church institution with respect to litigation concerns might be similar
to the relationship of an auditing firm with respect to financial
direction and reporting.
The role of the
congregation and its counselors does not replace the need for
professional legal counsel. Lawyers, given the complexity of modem
life, are needed to help believers be law-abiding citizens and carry
out the intentions and purposes of complex laws. It is essential that
Christians inform their lawyers of their faith and commitment.
Christians should not permit lawyers to make moral choices for them
simply on the basis of accepted practices of law.
7.
Exploration of Alternatives Is a Priority
In any dispute, Christians do not surrender their
faith and conscience to accepted patterns of legal practice. Rather,
they seek to live and witness in keeping with the kingdom and cross
themes of the New Testament. This commits Christians to go the second
mile to resolve a dispute. Here are examples of specific alternatives
which should be considered individually and corporately.
(I) Before delay
and defensive postures have taken their toll in dispute, the believer
should seek face-to-face discussion to hear the concerns of all
parties. If this does not result in reconciliation, it is appropriate
to seek the help of one or two others. This is a norm when believers,
who share a common faith in Jesus Christ as Lord, are involved.
(2) The Christian
should resist depersonalization in modem institutional and corporate
life rather than using it as justification for the use of adversarial
proceedings. It should be recognized that personal feelings,
identities, and relationships are significant factors in institutional
disputes. The faith and commitment of managers and directors should
cause them to maintain good relationships with persons, conduct
corporate affairs with integrity, and seek justice in management
decisions.
(3) The church
should encourage the use of mediation, arbitration, and other
less adversarial ways to dispute resolution. Mediation involIves the
intervention of a third party for the purpose of helping the parties
resolve the dispute themselves. The mediator helps effect the healing
of broken relationships by serving as a catalyst to assist the parties
reach a settlement rather than by imposing a decision. In arbitration
both parties to the dispute agree to the appointment of a third party
which hears each side of the argument and makes a decision which both
parties have agreed in advance will be binding. Both mediation and
arbitration depend on the goodwill and covenant between the parties
involved for acceptance of the terms of the settlement other than the
authority of the government on which a typical court settlement
depends.
(4) Churchwide
institutions should commit themselves to the use and development of
mediation and arbitration to resolve questions usually presented to the
courts for resolution. They should serve as a model for the development
of reconciling skills and structures in congregations.
(5) Members of the
church involved in business, professional, or administrative vocations
should use their influence and conviction to develop models of
mediation and arbitration where this may be feasible.
(6) Persons
involved in providing essential materials and services sometimes
realize that a hardship may be caused for some consumers if collections
are made according to contract. Where there is hardship, professional
and business people should consider suffering loss rather than taking
what the law allows. The church should mutually share losses which
cause hardship.
(7) Mennonite
credit unions and the stewardship and finance commitees of churches
should develop effective patterns of financial counseling to help
persons avoid excessive indebtedness.
8.
The Council of the Church Could Discern That a Given Legal oceeding
Might Be Appropriate
Using the ideas of
this paper, counselors from the church could be involved in considering
case by case whether a formal legal proceeding may be warranted or
whether the case has qualities that exclude litigation generally in
keeping with New Testament examples.
(I) If a lawsuit
has been filed against a believer, should he or she make the best
defense possible and will this include a counter suit?
(2) If a Christian
has acted negligently and then encounters unrealistic demands from the
injured party, is litigation appropriate to establish the extent of the
Christian's responsibility?
(3) Is litigation
necessary to protect children, the aged, the poor, or other persons
with limited power?
(4) Is a lawsuit
the best way of dealing with a government agency or public institution
that will not acknowledge questionable behavior or liability until such
a proceeding is initiated?
(5) If a fairly
negotiated business contract is broken, should it be enforced by a
court?
(6) Is litigation
an appropriate method of involving a party who refuses to acknowledge
any responsibility?
In each of the
above, it cannot be assumed that justice as well as reconciliation
would be served by litigation. The church resource can help clarify the
issues of morality and Christian witness involved in a given case. Such
counsel can also address the feelings of anger, revenge, hostility,
hurt, or guilt that may be present. In each case the Christian concern
should lead beyond order and justice to peace and reconciliation.
Conclusion
This statement on
the use of the law seeks to take the Scriptures seriously. It
recognizes the constant involvement of believers with the law and the
selfish overuse of the law in modem life. It appeals for an effective
witness against current excesses in the use of courts and for
involvement of the church in trying to discover alternatives to
adversarial patterns. This statement is a call for a larger commitment
to the congregation of believers in discerning and doing the will of
God.
Adopted
by Mennonite Church General Assambly in Bowling Green, Ohio, on August
11-16, 1981.
 Back
to Resolutions Index
|