Pyatcast

Category: Law

  • Judicial Precedent as Law – Summary

    In America, judicial precedent is law. This is true even if it is true that:a) Some of that law is bad law;b) Some of that law is unconstitutional law;c) Some of that law would be “honored in the breach”;d) Some of that law outrages us;e) Some of that law could be overturned tomorrow;f) Some of…

  • Taking an Un-American Stance

    In English the word law includes both statutes and judicial precedent. “The judgment of a competent, court, until reversed or otherwise superseded, is law, as much as any statute.” (Black’s Law Dictionary, 1910) American Heritage Dictionary 4.a. A statute, ordinance, or other rule enacted by a legislature.b. A judicially established legal requirement; a precedent. Webster’s…

  • Distinguishing Reality from Fantasy

    No matter how good of an argument for Departmentalism my exceedingly brilliant friend and brother, Steve Hays offers (here, for example), Departmentalism is a pipe dream. It’s not the way America actually works. In practice, in America, the Supreme Court has a final say. Knowledgeable advocates of the position Steve Hays mentions continually rue this.…

  • Judicial Supremacy

    In a number of great posts at Triablogue, Steve Hays has raised the question of the legitimacy of what he terms Judicial Supremacy. His question is not totally illegitimate, even though it in no way rebuts (in fact, it presupposes) my argument that Obergefell is law. So, let’s briefly consider the question of so-called Judicial…

  • Bad Law is Still Law

    Steve Hays has a thought-provoking post (link) sparked by my own previous post (link). Since his post doesn’t seem to directly dispute the central thesis of my own post, namely that Obergefell is law, no rebuttal is needed. In fact, I find a lot of points in Steve’s post with which I agree – or…

  • Obergefell is Law

    Some dear friends have been going around claiming that Obergefell(fn1) isn’t the law of the land. These dear friends are wrong. But the Constitution vests all legislative authority in the Congress! Yes all federal legislative authority is Congressional, but legislation isn’t the only kind of law. There are also laws that come from the executive…

  • The Law Justified Christ

    Someone going by “Todd” (profile not available) wrote: Your first counterargument is that “Christ fulfilled the law. The law didn’t condemn Christ, it justified Him.” I’m going to ignore the bizarre phrasing that the Law justified Christ, which hints at all sorts of problems. But more to the point, you seem to completely miss who…

  • Lex Semper Accusat? Does the law always accuse?

    Some folks like to throw around the mantra “lex semper accusat” (the law always accuses). This mantra may have value, and may even serve a didactic purpose in certain contexts. It is, however, theologically inaccurate. A First Exception: ChristChrist fulfilled the law. The law didn’t condemn Christ, it justified Him. Pilate testified to this: Luke…

  • Frame on the Law/Gospel Distinction

    Frame writes: So the definitions that sharply separate law and gospel break down on careful analysis. In both law and gospel, then, God proclaims his saving work, and he demands that his people respond by obeying his commands. The terms “law” and “gospel” differ in emphasis, but they overlap and intersect. They present the whole…

  • The real Francis Turretin on: Uses of the Law

    The relation of the law and Christ is the subject of an interesting quotation from the real Francis Turretin helpfully provided by Proki (link). Check it out! -TurretinFan To God be the Glory!