Lex Rex

Among other things last night, we talked about “the rule of law.” The rule of law is something we enjoy and take for granted in our country. The rule of law means that even the highest human authorities in our nation are themselves subject to the law and cannot break it with impunity. It’s because of the rule of law that we don’t have to fear police officers raping us or governors confiscating our land for themselves.

But much of the world during much of history did not enjoy the rule of law. Most nations had laws, but often the kings and governors were themselves above the law. The king was law (Rex Lex) rather than the Law being king (Lex Rex). This changed for the nation of Israel when God gave them the rule of law at Sinai. Even Moses and Aaron, along with the judges and kings that would follow, were subject to the law of Israel given by God. The rule of law doesn’t mean that kings always obey the law, only that even kings are subject to penalties when they break the law. Thus, king David suffered a severe penalty for breaking the law in the incident of Bathsheba and her husband Uriah.

Things also changed for the better in Media-Persia when it was decided that once a king made a law, that law could not be changed, that is, the king could not change his mind and alter or amend the law (Dan 6.15). Depending upon his political and military clout at the time, however, a king of Persia could still break his own laws with impunity.

This latter scenario was finally addressed in England with the Magna Carta. English noblemen forced the king to sign this big document, giving them the right to make war on the king if the king were to break his own laws. This finally established the rule of law (Lex Rex) in England, and our nation inherited this blessing.

However, the rule of law only makes sense if there is an ultimate law Giver! Israel understood the ultimate law Giver to be the God of Sinai. The Persians (like Hammurabi in Babylon) understood their own gods to be the ultimate law givers. At the time of the Magna Carta England still assumed the biblical God as the ultimate law Giver, and of course the United States inherited this assumed biblical basis for law. It is symptomatic of our present culture’s blindness, therefore, that while we continue to enjoy the rule of law (eroding though it is), we are so ready to discard the law Giver upon which the rule of law ultimately depends!

Rise up, O God, and defend your cause;
remember how fools mock you all day long.
Psa 74.22