3rd "report" today. There are 5 of these that I'm planning on posting here.
I don't have a lot of time these days to work on my book. It's weird for me to say that here, because the very fact that I'm blogging may make it seem like I have time for this.... but what I have is a few minutes here and a few minutes there, and the work I'm doing on this book requires at least an hour of focus (I think), to make reasonable progress on it, because I'm synthesizing a lot of information in it.
For several weeks I had 2 hours per week to work on it, during my son's art class. That has been shortened to 1 hour, and I have another tentatively scheduled hour during mommy&me swim for my wife and daughter. The split hours are doubtlessly less effective as far as my focus is concerned, but at the same time, I've been put in the way of some excellent insights between work sessions, which have impacted the project in exciting ways. So, I count the whole situation, including my lack of time, as a blessing.
A few notes about this report before I post it:
I have a lot to say in the way of criticizing this work, but to Burnside's credit, he actually gave me a copy of the book to help me along (I sent him a request via email, because this book is very expensive). Also, in the intro to the report, I mention a quote that I posted in #Memes -- this is a reference to a channel in the forum. Here is the relevant post from the #Memes channel:
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Preview of Burnside's work in Research Handbook on Natural Law Theory... how he reasons that Psalm 19:1-6 describes accessibility of Natural Law:
The closing description of the sun encapsulates the theme of verses 1–6, namely, God’s glory displayed universally in the cosmos. The sun is strongly associated with justice and order in the Ancient Near East (ANE). As a result, biblical commentators frequently cast the psalmist’s use of the sun in purely judicial terms. ... the association can be strengthened, in my view, to refer more specifically to kingship. Kings were, of course, responsible for administering justice in the ANE, and ANE texts frequently draw a parallel between the sun and the king ruling in judgment. For example, the Prologue to the Laws of Hammurabi describes Hammurabi ...[saying he will]... "rise like the sun-god Shamash over all humankind"... Here, Hammurabi’s judicial activity, which evokes the sun-god, is clearly linked to sovereignty. I suggest that the sun image in Psalm 19 is a metaphor, not simply of judicial activity, but of sovereignty which includes ruling in justice.
P1. Psalm 19:4-6 talks about the sun.
P2. Hammurabi, a king, was compared with a sun-god.
P3. Kings do justice.
C. Psalm 19:4-6 is saying that nature reveals justice.
[He also says]
...the enlightening Torah, like the enlightening sun, brings light and joy...
...this does not seem to be spotted by scholarship on Psalm 19...
At least he's equating the law to the Torah
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One user took issue with the dismissive attitude I took toward this, posting it in #memes. This is how I attempted to justify myself in the forum:
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i thought it was funny.
I don't really put much stock in interpretations which draw out meaning from the Bible on the basis of ANE/archaeological finds.
Like, if he wants to prove that the Bible is concerned with justice, the Bible says it plainly. I don't need to draw analogies to dead pagan religions, or the way their holy texts treated their kings, in order to find out what the Bible thinks about the law. His treatment of Psalm 19 has all the marks of well written academic literature, but his train of reasoning is convoluted and unnecessary. I wouldn't classify it as a useful commentary (as far as the specific quote I posted is concerned)
I still haven't read the rest of it. I'll be posting another review-type thing when I'm done
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Without further ado, this is the "report":
Book Report: Burnside's Natural law and biblical law in Research Handbook on Natural Law Theory
I really like several of Burnside's conclusions, but I have to state up-front: the hermeneutics affecting his reading of Psalm 19 are generally objectionable to me. For example: in the quote I already posted in Memes, he justifies his understanding that Psalm 19:1-6 concerns the law by first going to an outside source -- a pagan religious text -- for the implication that the sun has to do with justice, and then he came back to the Bible to say that the Bible is using the sun in reference to justice. It's not an interpretation of the Bible, but an interpretation of Hammurabi, and then an imposition of Hammurabi onto the Bible.
Another example:
> In reconnecting nature and ethics, Psalm 19 is making a point that is foundational to the very idea of natural law. Torah asserts the very philosophical foundation of natural law theory, namely, a relationship of harmony between the natural and the ethical.
This is a very abstract conclusion from this text. At length, the surrounding text from Burnside aims to show that, since Psalm 19 juxtaposes commentary on nature and law, it is treating nature and Torah as a sort of unified substrate for activity. I don't necessarily disagree with the idea that the law and nature treat and describe one another, (etc.), but it is just as easy (without reference to Rabbinic or pagan commentary) to read Psalm 19 as simply extolling God by reference first to natural and then to special revelation, telling by a holistic portrait of creation how the real attributes of both kinds of revelation teach the excellence of the same God.
All that said, I agree with many of his conclusions. For example:
> ...Torah in verses 7–11 is distinctly covenantal, putting it in an overtly creational framework has the effect of universalising its message. ... the Psalm presents God as ‘both Creator … and teacher of mankind through His Torah’. ... Torah is intelligible and communicable to the surrounding nations...
Torah, the law given to Israel, is universalizable. Very good.
> As Levering writes, affirming the existence of natural law in the Bible ‘does not … adduce universal norms that make the biblical narrative unnecessary’. I certainly agree ... This much is clear from the reference to Deuteronomy 4:5–8 ... Torah has a message that can be commended to the nations. ... Even more challengingly, it is addressed to nations some of whom are in conflict with Israel herself.
Torah is countercultural and addressed to nations both in and outside Israel. Also lovely, but what need to ask Hammurabi and the Rabbinic commentaries first before concluding it? These conclusions are easily reached by more direct Biblical routes outside Psalm 19.
He is right to note:
> Since Psalm 19 does not say everything we might want to say about natural law in the Bible, what other texts might be relevant, and why, and what might they suggest regarding the relationship between natural law and the Bible?
The Psalm doesn't tell everything he wishes it would tell about Natural Law. (I appreciate this transparency, but I am confused by it, since he was willing to impute the words of Hammurabi to the Psalm earlier. The implications of that hermeneutic seem potentially limitless). The question "what other texts" is a foreshadowing of the next point.
He suggests that an interface between philosophy and Biblical exegesis is necessary to reach the conclusions he aims for:
> ...dialogue between biblical exegesis and philosophy (as well as theology) can enrich our understanding of natural law in the Bible... in our pre-interpretative stage of asking whether there is natural law in the Bible, we cannot assume that it all boils down to a single idea (e.g. ‘law according to nature’ or ‘universal law’) and then ask whether this idea is present in the biblical materials. This may not do justice to the complexity of the task.
This is, as far as I can tell, a suggestion to own the the very thing most criticized about Christian Natural Law theory; that it depends on the importation of aristotelian categories alongside Biblical exegesis. Only, Burnside's explanation goes a step further -- he wants to find Natural Law in scripture. The effect is that Burnside is doing motivated exegesis: realizing scripture doesn't motivate the conclusions he wants to reach, and telling us that he needs to confer with Pagan sources prior to reading the Bible, and then seek out corroboration of their ideas in the Bible in order to conclude that the Bible agrees with them.
But what things, exactly, does he hope to find out, which Psalm 19 isn't saying clearly enough? Well, the very item which I was searching for when I began to read his work:
> ...one way of thinking about natural law is to see it as asserting continuity between, on the one hand, acts of human lawmaking and legal judgment and, on the other, that which is required of human beings...
That natural law asserts "continuity between" morality ("that which is required of human beings") and human lawmaking. That is, that natural law theory requires that human lawmaking is morally permissible.
Burnside concludes by suggesting that, since the Bible doesn't teach Natural Law, we may be able to find it in the Bible anyway by looking for Natural Law-adjacent themes in scripture.
> This means that if we wanted to think about various ways in which natural law might exist in the Bible ... we might start by looking for a connection between divine activity and human activity in the realm of normativity. This could be one way in which we might bring the biblical material into dialogue with the philosophical tradition of natural law. ... Thus, I suggest we could be looking for a number of different things, including the following: ...[list of suggestions]... These themes can all be seen as different manifestations of natural law in the Bible...
And, after that, he gives brief attention to each of the suggestions on his list. His conclusions from the list are:
- Creation is designed to flourish, therefore Torah is teleologically aimed toward human flourishing.
- Morally-linked human behaviors have an effect on the wellbeing of humans, therefore nature/law are connected.
- God judges non-Israelite and pre-Mosaic people by reference to Torah, so they must have known it.
- Since all of God's revealed commands are coherent with one another, and reflective of his own acts of judgment, all issuances of divine commands in the Bible are drawn from one and the same law.
Since Burnside doesn't present these as proofs of a scriptural motivation for Natural Law theory, (I am grateful to Burnside for saying so more plainly than others), they amount to the use of references to nature in scripture as confirmation of Natural Law theory. He presents them as corroboration, not as proof, and he's right about that. Beyond that, I've already discussed each of these at length elsewhere.
TLDR
Burnside is, for the most part, clear about where his conclusions are motivated by scripture, and where they are motivated by sources outside scripture. He acknowledges that the Bible doesn't motivate the jurisprudential implications of natural law theory, but expresses repeatedly that he is comfortable with bringing prior philosophical conclusions to the text giving philosophy a voice in dialog with scripture. In the end, Burnside suggests that the means of finding Natural Law in scripture is likely to be: a motivated search for evidence of agreement with natural law theory, hidden inside themes found broadly across scripture. He acknowledges critics of this point at the end of his work:
> despite the views of my critics, I persist in the view that looking for these sorts of continuities in biblical texts is a way of revitalising the topic of natural law in the Bible.
