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 that law is contrary to God's law;
and we could probably think of many more to go with those.

The fact that judicial precedent is law in America can be seen in a variety of ways:
1) Look at dictionary definitions (I was told that this approach is un-American, but let the reader judge) http://turretinfan.blogspot.com/2015/09/taking-un-american-stance.html
2) Look up what it means that America is a "Common Law" jurisdiction as distinction from a "Civil Code" jurisdiction.
https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/
https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html
https://en.wikipedia.org/wiki/Common_law
3) Look up what the expression "case law" means (not in reference to the Torah, but in reference to the American legal system)
http://dictionary.law.com/Default.aspx?selected=148

Now, Jordan Hall​, Marcus Pittman​, and Joel McDurmon​ have all expressed disagreement with my thesis - and they are all talented brothers in Christ. But on this point they are wrong, and not just white shoes after Labor Day wrong - they are as wrong as putting a "Tribble" caption on a photo of an Ewok, as wrong as thinking that "RC" in RC Sproul stands for "Roman Catholic", and as wrong as Bruce Jenner's current restroom choices.

There are lots of good reasons to oppose the new precedent set by the Supreme Court, but they don't include the absurd notion that, because the decision is not legislation it is not law (the errant opinion expressed by Jordan and Marcus and defended by Joel).

So please, brothers. Stop it. Just stop it. The media get lots of things wrong all the time, but this is not one of those things. This is actually one of those rare cases where they've made an accurate statement.

-TurretinFan

John Owen on the Theonomy Debate between Joel McDurmon and Jordan Hall

John Owen, Works, Volume 8 ("Sermons to the Nations"), p. 394:

Although the institutions and examples of the Old Testament, of the duty of magistrates in the things and about the worship of God, are not, in their whole latitude and extent, to be drawn into rules that should be obligatory to all magistrates now, under the administration of the gospel, — and that because the magistrate then was "custos, vindex, et administrator legis judicialis, et politiae Mosaicae," from which, as most think, we are freed; — yet, doubtless, there is something moral in those institutions, which, being unclothed of their Judaical form, is still binding to all in the like kind, as to some analogy and proportion. Subduct from those administrations what was proper to, and lies upon the account of, the church and nation of the Jews, arid what remains upon the general notion of a church and nation must be everlastingly binding.

I wonder if both the debaters would agree with that quotation? If so, then the resolution of their recent debate can be affirmed in one sense (i.e. the civil laws are obligatory as to their moral aspects and analogously) and denied in another sense (i.e. the civil laws are not obligatory in their Judaical form).

I note that Bahnsen himself seems to have felt that he could agree with Owen, since Bahnsen himself quoted it in his interaction with Ian Murray (as can be seen here).

-TurretinFan

Joel McDurmon Reviews "The Escondido Theology"

Mr. McDurmon has provided a very interesting review of "The Escondido Theology," as well as of some of the responses and context of the work.  McDurmon made an excellent observation relative to Godfrey's comment: "All of us on the faculty of Westminster Seminary California are shocked and saddened by John Frame’s book, The Escondido Theology."  McDurmon points out: "Most of the chapters in Frame’s book have been posted as review articles online for months, even years."  It's hard to see how the book could "shock," given that it is consistent with the criticism that Frame has been making for a while.

-TurretinFan