Chapter 12 of 23

9. Penal Substitution: Its Coherence

9. Penal Substitution: Its Coherence

PENAL SUBSTITUTION
Its Coherence
INTRODUCTION
We come at length to reflect philosophically upon issues raised by atonement theories. We want to explore what options are open to a biblically faithful atonement theorist. Essential to any biblically adequate theory of the atonement, it seems to me, is penal substitution. No atonement theory that neglects penal substitution can hope to account adequately for the biblical data we have surveyed, particularly Isaiah 53 and its NT employment. Moreover, penal substitution, if true, could not be a merely tangential, minor facet of an adequate atonement theory, for it is foundational, as we shall see, to so many other aspects of the atonement, such as satisfaction of divine justice, redemption from sin, and the moral influence of Christ’s example. So a biblically adequate atonement theory must include penal substitution at its center.
Penal substitution in a theological context may be defined as the doctrine that God inflicted upon Christ the suffering that we deserved as the punishment for our sins, as a result of which we no longer deserve punishment. Notice that this explication leaves open the question whether Christ was punished for our sins. Some defenders of penal substitution recoil at the thought that God punished His beloved Son for our sins. For example, John Stott advises, “We must never make Christ the object of God’s punishment.” Even in their ringing defense of penal substitution, Steve Jeffery, Michael Ovey, and Andrew Sach do not define penal substitution in such a way as to imply that Christ was punished in our place. Rather, they offer the more subtle explication: “The doctrine of penal substitution states that God gave himself in the person of his Son to suffer instead of us the death, punishment, and curse due to fallen humanity as the penalty for sin.” If we take the definite description “the punishment due to fallen humanity” referentially, it refers to the withdrawal of God’s fellowship and blessing. This Christ suffered on the cross instead of us. Indeed, for many of these theorists, God did not even inflict on Christ the harsh treatment that we deserved; rather, Christ voluntarily took upon himself the suffering that we deserved as the punishment for our sins.
On such an understanding, Christ bore the suffering that, had it been inflicted upon us, would have been our just desert and, hence, punishment. In other words, Christ was not punished but he endured the suffering that would have been our punishment had it been inflicted on us. We should not exclude by definition such accounts as being penal substitutionary theories, since Christ on such accounts suffers as our substitute and bears what would have been our punishment, thereby freeing us from punishment. Accordingly, penal substitution in a theological context ought to be understood as the doctrine that Christ endured the suffering that we deserved as the punishment for our sins, as a result of which we no longer deserve punishment. This explication leaves open the question of whether God punished Christ for our sins.
The doctrine of penal substitution, ever since the time of Socinus, has faced formidable, and some would say insuperable, philosophical challenges. A discussion of such challenges takes us into lively contemporary debates over issues in the philosophy of law, the subdiscipline of philosophy where questions about the theory of punishment are most thoroughly treated. Unfortunately, most theologians, and in fact most Christian philosophers, have little familiarity with these debates. The doctrine of penal substitution is usually dismissed by its critics in a single paragraph, even a single sentence, to the effect that it would be unjust of God to punish an innocent person for others’ sins, end of discussion. More deserves to be said.
A cautionary word is, however, in order at this point. The punishment that is discussed by legal theorists and philosophers of law is almost invariably legal punishment in the context of criminal law. Even when discussing penalties that are mandated by civil law rather than criminal law, the framework is still legal. One is discussing punishment as administered by the state as part of a system of justice. While analogous to divine justice, human systems of justice will also have features that are significantly disanalogous to divine justice. To give an obvious example, the state may be forced not to administer punishment as a result of lack of prison space, due to overcrowding and lack of resources. God is evidently not so hampered. Still, legal theorists and philosophers of law have for several centuries poured an enormous amount of thought into the theory of punishment, and so, given the widespread presence of forensic and judicial motifs in the biblical texts pertinent to the atonement, we may expect to learn a great deal from them.
A theory of punishment should treat both the definition of punishment and the justification of punishment, aspects of the theory of punishment that legal philosophers have teased apart only in recent decades. A definition of punishment will enable us to determine whether some act counts as punishment, while a justification of punishment will help us to determine whether a punitive act is permitted or even required, depending on one’s theory. Both aspects of the theory of punishment are relevant to the doctrine of penal substitution. In this chapter we shall consider challenges to the coherence of penal substitution, especially challenges arising from the definition of punishment.
THE ALLEGED INCOHERENCE OF PENAL SUBSTITUTION
What is punishment? Punishment involves, first, harsh treatment, as is obvious from typical cases of punishment. Theorists prefer the term “harsh treatment” to “suffering” because the latter is subjective and, hence, person relative—the masochist might enjoy being treated harshly and so would not be “punished”! Harsh treatment is not sufficient for punishment, however. As Socinus recognized, God may inflict suffering on some person without its being punishment. So what transforms harsh treatment into punishment? This where the debate begins.
No consensus in fact exists concerning the conditions sufficient for punishment. But consider Alec Walen’s characterization of some of the necessary conditions of punishment in a standard philosophical encyclopedia:
For an act to count as punishment, it must have four elements.
First, it must impose some sort of cost or hardship on, or at the very least withdraw a benefit that would otherwise be enjoyed by, the person being punished.
Second, the punisher must do so intentionally, not as an accident, and not as a side-effect of pursuing some other end.
Third, the hardship or loss must be imposed in response to what is believed to be a wrongful act or omission.
Fourth, the hardship or loss must be imposed, at least in part, as a way of sending a message of condemnation or censure for what is believed to be a wrongful act or omission.
Most theorists would also want to require that the hardship or loss be imposed by a recognized authority, so as to distinguish punishment from personal vengeance or vigilantism.
Walen’s characterization is a version of what is called an expressivist theory of punishment, made popular by legal philosopher Joel Feinberg, according to which the harsh treatment imposed must express condemnation or censure in order to count as punishment. Some critics of penal substitution such as Mark Murphy have claimed that given an expressivist theory of punishment, it is conceptually impossible that God punish Christ for our sins. Murphy sets the familiar moral objections to penal substitution to the side in order to argue that “the problem is not that penal substitution is immoral, but that it is conceptually defective.” For God could not condemn or censure Christ, since he did no wrong. The point is not that it would be immoral for God to punish Christ for others’ wrongs, but that any such harsh treatment inflicted on him by God for those wrongs would not count as punishment because it would not express condemnation or censure. A necessary condition of punishment is that “punishment expresses condemnation of the wrongdoer, of the wrongdoer as performer of the wrong.”
If this necessary condition of punishment is correctly formulated, Murphy concludes, then punishment expresses condemnation of the person punished. If that is right, then one cannot punish a person whom one does not take to be worthy of condemnation. And one cannot regard a person as worthy of condemnation unless he has actually done the act for which he is condemned. “Punishing presupposes that the object of punishment has failed in particular respects. . . . If (non-defective) punishment is essentially condemning of the agent who failed to live up to the standard the violation of which justifies the punishment, then penal substitution is unintelligible. We know that attempts to justify it will founder not for moral reasons but for prior conceptual reasons.” Murphy concludes flatly, “The classic penal substitution view of the Atonement is incoherent.”
The crucial premises of this argument seem to be the following:
(1) If Christ was sinless, God could not have condemned Christ.
(2) If God could not have condemned Christ, God could not have punished Christ.
(3) If God could not have punished Christ, penal substitution is false.
Thus, it follows from the sinlessness of Christ that penal substitution is false.
RESPONSES TO THE ALLEGED INCOHERENCE OF PENAL SUBSTITUTION
It seems to me that there are a number of ways in which the proponent of penal substitution might plausibly respond to Murphy’s coherence objection.
Penal Substitution without Punishment
A penal substitution theorist who holds that God did not punish Christ denies (3) and so will be unfazed by and perhaps even welcome Murphy’s objection. Such a theorist, if he wishes, may simply use a different word than “punishment” to characterize Christ’s suffering. Feinberg, for example, distinguishes penalties, such as parking tickets, offside penalties in sports, firings at work, flunkings in school, and so on, from punishments technically so-called, which always express condemnation. Borrowing this distinction, the defender of penal substitution may say that God penalized Christ for our sins, that Christ paid the penalty for our sins. If God’s harsh treatment of Christ did not express condemnation, then God did not punish Christ for our sins, but He may still be said to have penalized him for our sins. Feinberg recognizes that inflicting penalties on an innocent person may be even worse than inflicting punishments on an innocent person. The debate will then move on to the familiar question of the morality of afflicting an innocent person with the suffering that we deserved as the punishment for our sins.
Seen in this light, Murphy is employing what the eminent legal theorist H. L. A. Hart famously called “a definitional stop” to short-circuit debate. Anthony Quinton had previously argued that for harsh treatment to be punishment, the person afflicted with harsh treatment had to deserve that treatment. The problem with Quinton’s definition was that it made it logically impossible to punish the innocent. Yet it is indisputable that innocent people are often found guilty and subjected to harsh treatment for crimes they did not commit. Quinton was forced to say that such persons, though sentenced and treated harshly, were not really punished, technically speaking. Hart’s complaint was that ruling out their treatment as punishment by mere definition was just a semantic maneuver that masked important questions about punishment. Murphy employs a similar definitional stop regarding substitutionary punishment. Historically, substitutionary punishment, like punishment of the innocent, apparently does take place. Debate over the justifiability of penal substitution should not be brought to a halt by a definitional stop.
Murphy rejects the comparison with Quinton, claiming that his objection is not that substitutionary punishment is logically impossible but that it is conceptually incoherent. For the person who is punishing the substitute is committed to holding that the substitute is innocent but worthy of condemnation. I take this to mean that the punisher must regard the substitute as both worthy of condemnation and not worthy of condemnation, which he cannot do. Whether this aporia involves a logical impossibility or a conceptual incoherence, it seems to me that the maneuver is still the same: one has just put a definitional stop to substitutionary punishment by defining “punishment” in such a way that the harsh treatment authoritatively inflicted for the violation of a norm on a substitute will not count as punishment. If we simply replace the term “punishment” with “penalty” with respect to God’s harsh treatment of Christ, then the alleged incoherence vanishes.
David Lewis responds to the definitional stop as an attempt to short-circuit debate over penal substitution by acquiescing to the expressivist’s definition of “punishment” but insisting, “I trust that the reader will understand: I mean that the volunteer undergoes something that would have constituted punishment if it had happened instead to the guilty offender.” Discussion of the justice of such treatment may then proceed. Lewis’ counterfactual characterization is, in fact, in accord with penal substitution as we have defined it.
Punishment without Expressivism
If the penal substitution theorist does hold that God punished Christ for our sins, then it is open to him to deny (2). Hart maintained that to avoid the definitional stop, we must recognize certain secondary forms of punishment, such as punishment of persons who neither are in fact nor supposed to be offenders. Accordingly, on Hart’s view, substitutionary punishment is one kind of punishment. On this view an expression of condemnation of the person punished is not a necessary condition of punishment.
Murphy does not consider the possibility that the penal substitution theorist might reasonably reject an expressivist theory of punishment. Though popular, it is not as though the theory has overwhelming arguments in support. Murphy lists two virtues of Feinberg’s theory: (1) It carves the cases properly. In contrast to criminal cases, sports penalties and tort awards do not typically involve expression of condemnation. Only in criminal cases are defendants found guilty. (2) It makes intelligible the fact that crimes have guilty mind (mens rea) conditions as essential elements. In criminal law one is not found guilty simply for wrongdoing (actus reus) if one performed the act unknowingly or without a blameworthy volitional state (e.g., intentionally, recklessly, or negligently) and so lacked a mens rea. It also explains the defense strategies of showing that the accused had some excuse or justification for the wrongdoing and so is not to blame.
Consider, first, Murphy’s claim that the expressivist theory carves the cases properly. This is, in fact, not true. One of the problems with the theory is that the line between punishments and mere penalties in the law does not coincide with the line between condemnatory and non-condemnatory harsh treatment.
Penalties plausibly often express society’s “resentment” and “stern judgment of disapproval” for the wrong done. This seems undeniable in cases involving torts such as assault and battery, defamation, fraud, and wrongful death. Arthur Ripstein explains that tort law articulates certain norms of acceptable conduct, and if the plaintiff is to recover damages from the defendant, he must show that the defendant has violated those norms. “The entire proceeding is structured by questions of whether defendant behaved unacceptably towards plaintiff, and whether plaintiff’s injury is appropriately related to defendant’s mistreatment of her. The structure of a tort action thus expresses the way in which it answers questions about whose problem it is when things go wrong by considering the ways in which people treat each other.” The judgment of the unacceptability of the defendant’s conduct may often be so severe as to express condemnation. Indeed, some torts are also crimes, in which case the act for which compensatory damages are awarded is also the object of condemnation in a criminal verdict. And even for torts that are not crimes, sometimes the damages awarded are actually punitive damages, which exceed the aims of merely corrective justice. Very large awards, in particular, plausibly often express society’s strong disapproval of the wrong done to the plaintiff. Even in sports, penalties imposed for fouls like unsportsmanlike conduct and taunting seem to carry censure with them. While these infractions are not crimes, since they are not violations of criminal law, still the penalties imposed for such infractions plausibly express condemnation.
By the same token, there are crimes that are punishable, even though such punishments do not seem to express condemnation. For example, crimes involving so-called mala prohibita are punishable, even though such punishments may not express resentment or stern disapproval, such as punishment for violation of U.S. federal laws against marijuana possession. Moreover, there are, in the criminal law, cases of so-called strict liability in which crimes are committed without fault and yet are punishable. Murphy acknowledges these, but insists that “these are unusual, severe outliers in the criminal law.” These cases are, in fact, far from unusual, there being many thousands of statutory offenses involving elements of strict liability, including crimes like possession of narcotics or firearms and the selling of mislabeled foods or of prescription drugs without a prescription. Punishments for crimes of strict liability often seem to involve no condemnation of the person involved and yet are still punishments in our criminal justice system.
Crimes of strict liability also go to undermine Murphy’s second alleged virtue of the expressivist theory, for no mens rea of any sort is required for conviction. Mere wrongdoing suffices, and the law permits no excuses or justification. Indeed, David Ormerod and Karl Laird point out that “where an offence is held to be one of strict liability, not only is it unnecessary for the prosecution to tender evidence of mens rea as to the matter of strict liability . . . , they must not adduce evidence of D’s mens rea as to that aspect of the offence,” lest D be found to be at fault. Consider, for example, the case of Pharmaceutical Society of Great Britain v. Storkwain Ltd. (1986) 2 All ER 635. A certain pharmacist D sold some prescription drugs on the basis of what, unbeknownst to him at the time, turned out to be a forged prescription. He was convicted of violating the Medicines Act of 1968, which prohibits the retail sale of certain drugs without a prescription by an appropriate medical practitioner. This was a strict liability offense, which involved no mens rea. Ormerod and Laird report, “There was no finding that D acted dishonestly, improperly or even negligently in acting on that prescription and providing X with the medicines.” Summarizing a number of similar cases, they reflect, “In each of these cases D was not even negligent. He intended the conduct element of offence—to sell medicine or meat or liquor or to possess tobacco—but he was blamelessly unaware of the crucial circumstance element in the actus reus—that the tobacco was adulterated, that the meat was contaminated, that the person was drunk, etc. In each case he was criminally liable despite not having been at fault in relation to this material element of the offence.”
Thus, it is simply not true, as Murphy claims, that the line between condemnatory and non-condemnatory harsh treatment coincides with the line between punishments and mere penalties in the law.
In fact, penal substitution in a secular context furnishes itself a powerful counterexample to the claim that punishment inherently expresses an attitude of condemnation toward the person punished. As Hugo Grotius documents, the punishment of a substitute was well understood and widely accepted in the ancient world. Not only so, but those who voluntarily stepped forward to die as a substitute for someone else were universally admired as paradigms of nobility. We moderns may regard such a practice as immoral and ourselves as more enlightened for renouncing it, but it would be an example of cultural imperialism to claim that these ancient societies did not really endorse and even practice substitutionary punishment. To think that because it was unjust, it was not punishment is to confuse the definition of punishment with the justification of punishment, an error made by theorists who similarly held that punishment of the innocent is not really punishment. Just as most theorists today recognize that it is coherent to punish the innocent, so we should acknowledge the coherence of punishing a substitute.
An expressivist theory of punishment is thus by no means incumbent upon the penal substitution theorist. In fact, Leo Zaibert considers Feinberg’s expressivist theory to be actually dangerous for a democratic society because what are clearly punitive measures can be rationalized by the state as mere penalties. Zaibert warns, “Pragmatically speaking, the most problematic aspect of Feinberg’s view is that it opens up the possibility for the State to inflict painful treatment upon its citizens, a treatment which is ‘much worse than punishment,’ but for which the citizens have fewer defenses than they would if they had been ‘merely’ punished. ‘Even floggings and imposed fastings,’ Feinberg continues, ‘do not constitute punishments, then, where social conventions are such that they do not express public censure.’” The U.S. Supreme Court, Zaibert notes, has had considerable difficulty in interpreting the Eighth Amendment’s prohibition of cruel and unusual punishment because it is unclear what actions count as punishment. One notorious example is the court’s decision in Flemming v. Nestor, 363 U.S. 603 (1960) that deportation is merely an administrative matter and not punishment, despite the fact that deportation in that (and other cases) seems to be punitive. “The widespread standard account makes it easy for the state to abuse its punitive power by masquerading punitive measures as if they were not really punitive, labeling certain governmental acts as merely administrative, as if this label would deus ex machina obscure the fact that some such acts are clearly punitive.”
A defender of penal substitution could avoid the coherence objection, then, by denying Murphy’s claim that the expressive function of punishment is part of the definition of punishment.
Expressivism without Condemnation of Christ
But the penal substitution theorist need not reject expressivism outright in order to deny (2). For expressivism as typically formulated is wholly consistent with penal substitution. Consider, once again, Walen’s account given above. His fourth condition does not require that the person punished be condemned or censured for the act or omission believed to be wrong. Censure could be either of the person who did the act or of the act itself. Similarly, on Feinberg’s account “punishment expresses the community’s strong disapproval of what the criminal did. Indeed it can be said that punishment expresses the judgment of the community that what the criminal did was wrong.” Even Murphy’s own formulation, intended to show the incoherence of penal substitution, namely, that punishment expresses condemnation of the wrongdoer as the performer of the wrong, does not rule out penal substitution, for it does not require that condemnation be directed toward the person bearing the punishment. Hence, Murphy’s inference “if this . . . condition is correctly formulated, then punishment expresses condemnation of the person punished” is a non sequitur.
In fact, it needs to be asked whether critics of the coherence of penal substitution have not fundamentally misunderstood expressivism with regard to punishment. Expressivism holds that there is a certain stigma attached to punishment, in the absence of which the harsh treatment is not punishment. It is no part of expressivism that the censure expressed by punishment target a particular person. Expressivist theories of punishment, as typically formulated, are perfectly consistent with penal substitution—which is just as it should be, given the attitudes of those in societies endorsing or practicing penal substitution. Hence, (2) is undercut.
Condemnation of Christ without Personal Sin and Guilt
But suppose one adopts an expressivist theory of punishment that does require that condemnation be directed toward the person punished. Would such a theory rule out penal substitution? Not necessarily, for one might espouse a theory of penal substitution that includes the imputation of sin, such as the Reformers articulated and Turretin defended. On such a theory, Christ, though personally without moral fault, is legally guilty and so condemned by God for our sins. Hence, (1) is denied. Murphy admits that given the doctrine of the imputation of sins, his charge of incoherence fails.
Unsurprisingly, however, critics of penal substitution are unlikely to be sympathetic to the doctrine of imputation. But reservations about that doctrine are even more rarely unfolded than the standard moral objection to penal substitution. Murphy cursorily dismisses the doctrine of imputation with the observation that we have no experience of the transfer either of moral responsibility for actions or of guilt in isolation from actions from one person to another. We shall take up that issue in the next chapter when we discuss the justification of penal substitution. For now we note merely in passing that given the doctrine of the imputation of our sin to Christ, the objection to the coherence of penal substitution is a self-confessed failure.
Summary
We may thank Murphy for alerting Christian philosophers to the relevance of debates over the definition of punishment in the philosophy of law to the doctrine of the atonement, particularly to penal substitution. But his discussion of the coherence of penal substitution is not sufficiently nuanced. Not all advocates of penal substitution hold that Christ was punished for our sins. Murphy’s attempted definitional stop to substitutionary punishment is a mere semantic maneuver that can be adroitly circumvented, if one wishes, by affirming that Christ was penalized for our sins. It is not, in any case, incumbent upon Christian or legal philosophers to adopt an expressivist definition of punishment. But if we do, the typical articulations of expressivist theories are perfectly compatible with penal substitution, which is just as it should be, given the attitudes expressed toward penal substitutes in societies recognizing the justice of such a practice. Finally, even if we adopt a definition of punishment that is so narrowly construed as to rule out normal cases of penal substitution, that does not, by Murphy’s own admission, subvert the Reformers’ doctrine of penal substitution, predicated as it is on the doctrine of imputation, a doctrine that, as we shall see, is not without legal analogies in our own experience. Thus, multiple responses to the coherence objection are available to the penal substitution theorist, depending on how many of the critic’s premises one accepts. Therefore, the charge of philosophical incoherence has not been sustained.
THE ALLEGED THEOLOGICAL INCOHERENCE OF PENAL SUBSTITUTION
Murphy’s challenge to the coherence of penal substitution arose from considerations pertinent to the definition of punishment. Eleonore Stump, however, challenges the theological coherence of penal substitution. She charges that such a theory of the atonement “is incompatible with God’s love.” Since penal substitutionary theories affirm God’s love, it follows that any such theory is incoherent and therefore unsalvageable. Stump calls this “the central and irremediable problem” with penal substitutionary atonement theories.
How are penal substitutionary atonement theories incompatible with God’s love? The problem Stump sees in such theories is that they require satisfaction of God’s justice as a precondition of God’s forgiveness. Stump thinks that such a precondition is incompatible with God’s unconditional love and forgiveness. She provides this pithy summary of her argument:
God’s forgiveness, like God’s love, is unilateral and unconditional. It does not depend on anything; rather, it is a function of God’s nature, which is perfectly good and therefore also perfectly loving. God’s love and forgiveness, and God’s acceptance of reconciliation with human wrongdoers, are there for every human person, even those who are unrepentant wrongdoers. And so the Anselmian kind of interpretation of the doctrine of the atonement, in all its variants, is wrong.
“Anselmian” is Stump’s rather misleading label for any atonement theory that sees the satisfaction of divine justice as a necessary condition of salvation. It is meant to comprise not only satisfaction theories but penal substitutionary theories as well.
Stump’s argument seems to be based on three simple premises:
(1) God is perfectly loving.
(2) If God is perfectly loving, He is perfectly forgiving.
(3) If God is perfectly forgiving, His forgiveness has no preconditions.
According to “Anselmian” atonement theories, however, God’s forgiveness does have preconditions, namely, the satisfaction of God’s justice. Accordingly,
(4) If any “Anselmian” atonement theory is true, God’s forgiveness has preconditions.
From these premises it follows that
(5) No “Anselmian” atonement theory is true.
RESPONSE TO THE ALLEGED THEOLOGICAL INCOHERENCE OF PENAL SUBSTITUTION
Stump’s argument for the incompatibility of penal substitutionary theories of the atonement with God’s love and forgiveness is predicated on a number of questionable assumptions. In view of her argument’s much more fundamental problems, however, I relegate these difficulties to a footnote.
A curious feature of Stump’s argument is that it applies not only to necessitarian accounts of the atonement like Anselm’s and Turretin’s but also to non-necessitarian accounts like Aquinas’ and Grotius’. For if the consequent of (4) is true on necessitarian accounts of the atonement, it is also true on non-necessitarian accounts, howbeit by God’s free choice rather than by His nature. God has freely chosen to punish Christ for our sins because of the great advantages to be won thereby. But this leads to a bizarre conclusion. Suppose, for example, that God knew that free pardon without satisfaction would have taken on the appearance of “cheap grace” and so would have been far less effective in winning people to salvation. Therefore, He has freely chosen to make Christ’s satisfaction of divine justice a precondition of His pardon of sinners. It would seem absurd to think Him less loving for preferring a costly grace that implied enormous self-sacrifice for God in Christ if by such a means multitudes more would freely find salvation. Thus, it seems incredible that such accounts could be indicted for being incompatible with God’s love. In that case (3) is plausibly false, and it is hard to see why (3) would not also be false if God’s decision were demanded by His nature rather than contingently chosen. God’s forgiveness is, indeed, unconditional in the sense that it requires nothing of sinners, but that does not imply that it is not based on Christ’s satisfaction of divine justice on behalf of sinners.
Love and Forgiveness on Penal Substitutionary Theories
But let that pass. There are, it seems to me, two fundamental problems with Stump’s argument. The first fundamental problem is, given Stump’s definitions of love and forgiveness, it is not true that God, as characterized by penal substitutionary atonement theories, fails to be perfectly loving and forgiving. That is to say, given Stump’s definitions, (4) is false. God’s love and forgiveness, given Stump’s definitions, are unconditional on penal substitutionary atonement theories. Stump’s explications of love and forgiveness are so thin that God as described by penal substitutionary atonement theories meets the conditions sufficient for being perfectly loving and forgiving.
On Stump’s view love involves both a desire for the good of the beloved and a desire for union with him. Just as a person can love unrequitedly, so he can forgive unilaterally, despite the wrongdoer’s rejection of that forgiveness. So, Stump says, “God can forgive a wrongdoer unilaterally and unconditionally, in the sense that, even without any repentance on the wrongdoer’s part, God can still desire the good for her and union with her.” Stump even goes so far as to argue that an attitude of hatred and aversion toward the wrongdoer, as well as anger with the wrongdoer, are compatible with love and forgiveness of him, so long as one’s ultimate desire remains for the good of the wrongdoer. So long as one would not be disappointed and grieved if the wrongdoer were to repent and change for the better, then hatred and anger toward the wrongdoer are compatible with love.
It should be obvious that there is nothing in penal substitutionary theories that precludes that wholly apart from the satisfaction of God’s justice, God both wills the good of every person and desires union with him. If Reformed and Lutheran theologians deny that God so wills and desires, that denial stems not from their atonement theory but from their doctrine of election. Arminian and Molinist defenders of penal substitution affirm that God wills the good of and desires union with all persons, even in their fallen condition. Hence, on Stump’s definition God forgives them unilaterally and, hence, unconditionally. Therefore, (4) is false, given Stump’s understanding of forgiveness.
Stump’s characterization of forgiveness has the odd implication that the exercise of God’s retributive justice in punishing wrongdoers is compatible with His also forgiving those wrongdoers. Biblically speaking, people whose sins have been forgiven will not be punished by God for those sins. But on Stump’s account God may both forgive their sins and yet punish them for those sins! Stump thinks that retributive justice can be seen as a good for the person punished, in which case God in punishing wrongdoers still wills their good and desires union with them, that is to say, He forgives them. So on her account of love and forgiveness, she concludes, “It is possible to hold that imposing warranted retributive punishment on a wrongdoer is at least sometimes obligatory, and still to maintain that love and forgiveness are always obligatory, even love and forgiveness for wholly unrepentant wrongdoers.” Now if it seems odd that a person can be both forgiven for his sins and punished for those sins, this oddity ought to make us question whether something has not gone wrong with Stump’s account of divine forgiveness. That forms a nice segue to the second fundamental failing of her argument against the coherence of penal substitutionary atonement theories.
God as Judge and Ruler
The second fundamental problem with Stump’s objection is that her entire approach to the doctrine of the atonement is based on construing God on the analogy of a private party involved in various personal relationships rather than as a Judge and Ruler. She frequently compares God and human persons with two friends, Paula and Jerome, who have to deal with wrongs committed by one against the other. Hugo Grotius already identified this same construal as the fundamental failing of Socinus’ critique of penal substitutionary atonement theories. Grotius maintains that we should not think of God as merely a private party in a personal dispute. Rather, God should be considered to act as a Ruler and Judge.
On the contemporary scene legal philosopher Jeffrie Murphy has made a similar distinction between the private and public spheres in an effort to carve out conceptual space for exercises of mercy consistent with the demands of retributive justice. Distinguishing between a judge in a criminal case and a creditor in a civil lawsuit, Murphy maintains that as a litigant in a civil lawsuit, the creditor occupies a “private role” and so does not have “an antecedent obligation, required by the rules of justice, to impose harsh treatment” by demanding repayment of the debt owed. He is therefore free to show mercy without prejudice to justice. By contrast a judge in a criminal case “has an obligation to do justice—which means, at a minimum, an obligation to uphold the rule of law. Thus if he is moved, even by love or compassion, to act contrary to the rule of law—to the rules of justice—he acts wrongly.” Murphy thinks that the judge qua judge cannot, like the creditor, act mercifully without prejudice to the demands of justice. Like Grotius he thinks that the executive power can exercise mercy but only within the limits of individualized justice.
The overriding lesson is that God should not be thought of merely as a private party to a personal dispute but as Judge and Ruler of the world and therefore responsible for administering justice. Indeed, as we have seen in chapter 4, the Bible portrays God as at once Lawgiver and Judge and Ruler. In contrast to Western systems of government, God embodies in one individual the legislative, judicial, and executive functions of government. He is clearly not a merely private individual. He is a public person responsible for the administration of justice in the world.
Like far too many contemporary atonement theorists, Stump neglects legal analogies of the atonement and turns instead to private, personal relationships to motivate or criticize theories of the atonement, thereby overlooking God’s status as Ruler and Judge. She takes God to be like the offended party in a personal dispute and so extends Anselm’s insistence on our need to satisfy the demands of God’s justice (whether by compensation or punishment) to two private parties in a personal friendship. This sort of extension is illegitimate, both for Anselm and for the Reformers, who see us as sinners who have violated God’s law and so stand condemned before the bar of His justice.
On penal substitutionary theories God is like a judge who must administer justice whatever his personal feelings toward the accused. It is perfectly possible for a judge to love and forgive a personal friend brought before his bar, even as he declares him guilty and sentences him to severe punishment. As Stump herself recognizes, God can personally will the good of sinners and desire their union with him without waiving the demands of retributive justice.
Rather than thinking of God’s forgiveness of sins on the analogue of human friendships, Stump ought to be thinking of divine forgiveness in terms of legal analogies like pardon or commutation of punishment. As we shall see, pardon is a legal act that removes the criminal’s liability to punishment and restores his civil rights. God’s pardon of us is based on Christ’s fully discharging substitutionally our sentence and so satisfying divine justice.
The failing of Stump’s argument as I have formulated it, then, lies in an equivocal use of the word “forgiveness” in (3) and (4). On penal substitutionary atonement theories, God is perfectly forgiving in Stump’s sense and so provides satisfaction for undeserving sinners, but His forgiveness of sins in the sense of pardoning those sins is based on the precondition of Christ’s satisfaction of divine justice. In the penultimate draft of her book (graciously provided me in preprint), Stump uses the word “pardon” only once, in a subheading. But in the final draft pardon is introduced at several junctures. Unfortunately, Stump tends to conflate it with forgiveness in her sense and fails to differentiate it as a legal notion. For example, she speaks of a case in which “Paula has pardoned Jerome, but her pardon is insufficient to produce in Jerome the kind of state necessary for him to return to company with her.” Stump is evidently using “pardon” here in the sense of “forgiveness,” since Paula as a private person has no authority to issue a legal pardon. Or again, we find this interesting characterization of “Anselmian” atonement theories:
There are then two claims central to all the variants on the Anselmian kind of interpretation of the doctrine of the atonement. First, without Christ’s making amends to God, God would not forgive human wrongdoers or accept being reconciled with them. And, second, the main (or only) point of Christ’s atonement is to satisfy a condition needed for God’s forgiveness and reconciliation. Oliver Crisp, who is in this tradition of interpretation, likens God’s acceptance of reconciliation with human beings to the pardon of a monarch. On the Anselmian kind of interpretation, it is a pardon that is won for human beings by the atonement of Christ and that would not be given without that atonement. God’s forgiveness and reconciliation with human beings, God’s granting the pardon, is conditional on God’s receiving what human sin owes God in the atonement of Christ.
As we have seen, penal substitutionary theorists regard both claims as false, unless forgiveness is understood not as Stump understands it but as legal pardon. Citing Crisp in the quotation above, Stump suddenly introduces the notion of pardon and rightly says that it would not be given without Christ’s atonement. But then in the final sentence she lapses back into conflating God’s granting a pardon with His forgiveness and reconciliation as she understands them.
On penal substitutionary theories (whether necessitarian or non-necessitarian) God as Ruler (while willing our good and desiring union with us) does not merely pardon us but exacts the punishment demanded by retributive justice. He does not exact it from us but from Himself in Christ. We who accept Christ’s substitutionary sacrifice are thereby freed from our liability to punishment and therefore declared “not guilty.” Seeing that Christ has vicariously satisfied the demands of divine retributive justice on our behalf, God can, in turn, pardon us of our sins. It is in that sense that God can be said to have forgiven our sins. “And you, who were dead in your trespasses . . . , God made alive together with [Christ], having forgiven us all our trespasses, by canceling the record of debt that stood against us with its legal demands. This he set aside, nailing it to the cross” (Col 2:13-14 ESV). Forgiveness in this legal sense is the declaration that the penalty has been fully paid and therefore we are free.
There are fascinating questions to be explored here, and my point is that progress is more apt to be made by conceiving of God along Grotian lines as Ruler and Judge than along Socinian lines as an offended party in a private dispute. When we do so consider God, then it seems obvious that God’s being perfectly loving and forgiving are entirely compatible with legal condemnation of sinners and, indeed, may motivate God to provide the satisfaction for sinners requisite for His just pardon of them.
Summary
In summary, Stump’s central objection to the theological coherence of penal substitutionary atonement theories is, I think, a fundamental failure because (1) given Stump’s definitions of love and forgiveness, God, as characterized by such atonement theories, is perfectly loving and forgiving, and (2) Stump’s entire approach to the doctrine of the atonement is based on misconstruing God as a sort of private person rather than as supreme Judge and Ruler.
CONCLUDING REMARKS
In conclusion, we have seen no good argument against the coherence of penal substitutionary atonement theories. The attempt to demonstrate an incoherence arising from the definition of punishment is based upon so many dubious assumptions that the alleged incoherence is not difficult to avoid. The attempt to show that penal substitutionary atonement theories are theologically incoherent is based on an equivocal use of “forgiveness” and the failure to construe divine forgiveness on the analogy of a legal pardon by an executive authority rather than on the model of reconciliation in private relationships. Consideration of such coherence objections has nonetheless proved to be profitable in view of the insights it has already yielded concerning penal substitution and divine punishment. With these insights in hand, we may now turn to the more important and pressing moral objection to the justice of penal substitution.
John Stott, The Cross of Christ (Leicester, UK: InterVarsity, 1986), 151. Cf. I. Howard Marshall: “It is not a case of God punishing Christ but of God in Christ taking on himself the sin and its penalty. Indeed, at some point the challenge needs to be issued: where are these evangelicals who say that God punished Christ? Name them!” (“The Theology of the Atonement,” in The Atonement Debate, ed. Derek Tidball, David Hilborn, and Justin Thacker [Grand Rapids: Zondervan, 2008], 63).
Steve Jeffery, Michael Ovey, and Andrew Sach, Pierced for Our Transgressions: Rediscovering the Glory of Penal Substitution (Wheaton, Ill.: Crossway Books, 2007), 21. Similarly, David Hilborn, in describing the recent controversy over penal substitution among British evangelicals, offers this characterization: “Penal substitution presents Jesus’ crucifixion as a vicarious sacrifice which appeased or ‘propitiated’ God’s wrath towards sin by paying the due ‘penalty’ for that sin, which is suffering, death, and condemnation” (“Atonement, Evangelicalism and the Evangelical Alliance: The Present Debate in Context,” in Tidball, Hilborn, and Thacker, The Atonement Debate, 19). The use of “scare quotes” with the word “penalty” suggests some diffidence about the word, which may accordingly be understood referentially by those who, like Stott, deny that God punished Christ. Hilborn reports that the Evangelical Alliance preferred the more straightforwardly biblical imagery of Christ’s “paying the price” of our sin (1 Cor 6:20; 7:23) and allowed this to carry the implication of penal substitutionary sacrifice.
That is, we consider the referent or denotation of the description, however it may be described. On the difference between an expression understood referentially and attributively, see Keith Donnellan, “Reference and Definite Descriptions,” Philosophical Review 75, no. 3 (1966): 281–304.
Jeffery, Ovey, and Sach, Pierced for Our Transgressions, 301. Cf. Francis Turretin’s characterization of Christ’s dereliction on the cross as God the Father’s withdrawing from him the beatific vision and suspending the joy and comfort and sense and fruition of full felicity (Institutes of Elenctic Theology, 3 vols., trans. George Musgrave Giger, ed. James T. Dennison Jr. [Phillipsburg, N.J.: P&R, 1992], 14.11).
These features serve to distinguish such an account from satisfaction theories. On such an account the harsh treatment deserved for wrongdoing is still administered, even if it is not punishment because of the absence of condemnation. I think the important question remaining about such accounts is whether divine justice would thereby be satisfied, a question we shall take up in chapter 11.
Adonis Vidu defends the provocative and not initially implausible thesis that there exists a cross-fertilization between atonement theories and developments in legal theory (Atonement, Law, and Justice: The Cross in Historical and Cultural Contexts [Grand Rapids: Baker, 2014]). Unfortunately, he is unable to demonstrate any tight connections between atonement theories and developments in philosophy of law, drawing only the most general of parallels. Indeed, it is striking how widely divergent atonement theories emerge in the same cultural context. The only attempt in legal literature that I have encountered to connect the doctrine of the atonement with theory of law is Jerome Hall, “Biblical Atonement and Modern Criminal Law,” Washington University Law Quarterly 65 (1987): 694–710. I am indebted to Francis Beckwith for this reference. But while Hall gives a very responsible survey of the history of the doctrine of the atonement, he has little to say by way of integration with criminal law. Vicarious liability (to be discussed in the sequel) does get a passing mention on p. 708, and he closes with some reflections on the inevitability of retributive justice in any adequate theory.
Stanford Encyclopedia of Philosophy, edited by Edward N. Zalta. Summer 2014 ed., s.v. “Retributive Justice,” by Alec Walen, June 28, 2014, http://plato.stanford.edu/entries/justice-retributive/.
Joel Feinberg, Doing and Deserving: Essays in the Theory of Responsibility (Princeton, N.J.: Princeton University Press, 1970). Sometimes expressivist theories may be divided into two versions: the communicative version, which communicates to the offender a message of condemnation, and the denunciatory version, which denounces to the world at large the wrong committed.
Mark C. Murphy, “Not Penal Substitution but Vicarious Punishment,” Faith and Philosophy 26 (2009): 255–59.
Murphy, “Not Penal Substitution,” 255.
Murphy, “Not Penal Substitution,” 256. Murphy’s view actually differs somewhat from Feinberg’s, as we shall see. Murphy thinks that “if punishment condemns only the act, it is hard to see why we are so set on ascertaining the precise identity of the wrongdoer. . . . The best way to characterize the condemnation, then, is that it is of the wrongdoer in a certain respect, that is, as a performer of the wrongful action” (256).
Murphy, “Not Penal Substitution,” 257. Oddly, Murphy allows that “perhaps one can [express condemnation of someone whom one does not take to be worthy of condemnation], but then the punishing act will be defective” (256). There is a genuine tension in Murphy’s exposition in this respect. Sometimes he speaks as though punishment entails that the person punished be worthy of condemnation, just as honoring entails that the person honored be worthy of praise. From this characterization the counterintuitive consequence follows that the undeserving cannot be punished or praised, an ironic consequence in light of Murphy’s unfortunate illustration of Lance Armstrong’s being honored for winning the Tour de France! Other times Murphy speaks as though punishment entails that the person inflicting the punishment regard the person being punished as worthy of condemnation, which would allow for the innocent to be mistakenly punished. This characterization still has the counterintuitive consequence that a tyrant, say, cannot punish a person whom he knows to be innocent. Murphy seems to sense the difficulties here and so backpedals to the position that such harsh treatment is punishment, but it is defective punishment. Unfortunately, Murphy does not explain what it means for punishment to be defective, other than saying that when a case of punishing fails to meet the necessary conditions he lists, we have “a case of defective punishment” (255). It had better not mean unjust, or the coherence objection collapses to the moral objection. I therefore take it that defective punishment is not truly punishment.
Murphy, “Not Penal Substitution,” 260.
Feinberg, Doing and Deserving, 112.
H. L. A. Hart, Punishment and Responsibility (Oxford: Oxford University Press, 1968), 5.
A. M. Quinton, “On Punishment,” Analysis 14 (1954): 133–42.
See below, n29. Some atonement theorists have also pointed to plausible examples involving punishment of everyone in a group for wrongs done by only some members of that group (Steven L. Porter, “Swinburnian Atonement and the Doctrine of Penal Substitution,” Faith and Philosophy 21, no. 2 [2004]: 236; Daniel J. Hill and Joseph Jedwab, “Atonement and the Concept of Punishment,” in Locating Atonement: Explorations in Constructive Dogmatics, ed. Oliver D. Crisp and Fred Sanders [Grand Rapids: Zondervan, 2015], 144–45). I see no non-question-begging reason that we must agree with Leo Zaibert that in every such case the non-culprits are being either victimized or punished for other wrongs (Leo Zaibert, Punishment and Retribution (Aldershot, UK: Ashgate, 2006), 42). Again, we must be careful to avoid confusing the question of whether, e.g., a teacher punishes a whole class for deeds done by some members of the class with the question of whether the teacher’s so doing is justifiable.
Murphy, “Not Penal Substitution,” 258n10.
David Lewis, “Do We Believe in Penal Substitution?” Philosophical Papers 26, no. 3 (1997): 209n1. In his discussion of Lewis, Murphy ignores Lewis’ response to the attempted definitional stop. Instead, Murphy claims that the person paying a fine on behalf of someone else is not punished because that person is not condemned. But Lewis has already said that he will acquiesce to saying that the substitute is not “punished”; however, he avoids Murphy’s definitional stop by construing penal substitution to mean that the substitute bears the harsh treatment which would have been punishment had it been inflicted on the person deserving it.
Hart, Punishment and Responsibility, 5.
The fusion of resentment and reprobation (stern disapproval) is what Feinberg calls condemnation.
Arthur Ripstein, “Philosophy of Tort Law,” in The Oxford Handbook of Jurisprudence and Philosophy of Law, ed. Jules Coleman and Scott Schapiro (Oxford: Oxford University Press, 2002), 658. “Tort law,” says Ripstein, “decides whose problem something is by looking at how people are allowed to treat each other” (686).
Mala prohibita are distinguished from mala in se, in that they are not inherently wrong, independent of criminal law, but are wrong only in virtue of being proscribed by criminal law. For discussion see Douglas Husak, “Malum Prohibitum and Retributivism,” in Defining Crimes: Essays on the Special Part of the Criminal Law, ed. R. A. Duff and Stuart P. Green, Oxford Monographs on Criminal Law and Justice (Oxford: Oxford University Press, 2005), 65–90. Despite the lack of condemnation of violators, such laws are often taken to serve a useful purpose and so are not repealed.
Murphy, “Not Penal Substitution,” 256.
See David Ormerod and Karl Laird, Smith, Hogan, and Ormerod’s Criminal Law, 15th ed. (Oxford: Oxford University Press, 2018), chap. 5: “Crimes of Strict Liability,” for many examples.
Ormerod and Laird, Smith, Hogan, and Ormerod’s Criminal Law, 145.
Ormerod and Laird, Smith, Hogan, and Ormerod’s Criminal Law, 143.
Ormerod and Laird, Smith, Hogan, and Ormerod’s Criminal Law, 145.
Hugo Grotius, A Defence of the Catholic Faith concerning the Satisfaction of Christ, against Faustus Socinus trans. Frank Hugh Foster (Andover, Mass.: Warren F. Draper, 1889), chap. 4. See further Simon Gathercole, Defending Substitution: An Essay on Atonement in Paul (Grand Rapids: Baker Academic, 2015), chap. 3. According to Gathercole, the preeminent example of substitutionary death in classical literature is Euripides’ Alcestis, who was willing to die in place of her husband, Admetus. In Rom 5:7-8 Paul compares the death of Jesus with other heroic deaths that his Roman readers might have known. Gathercole thinks that Alcestis may well be the example that Paul had in mind.
Zaibert, Punishment and Retribution, 113. The embedded quotations are from Feinberg.
Zaibert, Punishment and Retribution, 48, 54.
Zaibert, Punishment and Retribution, 4.
Feinberg, Doing and Deserving, 100 (emphasis added). An even stronger attitude or judgment of condemnation may be directed as well toward what the criminal did.
Murphy, “Not Penal Substitution,” 256. This same jump in Murphy’s argument has been pointed out by Hill and Jedwab, “Atonement and the Concept of Punishment,” 139–53. They observe, “It is not a feature of Murphy’s definition that the one punished has to be the one that failed to measure up to the binding standard; nor does his definition specify that the one punished has to be the one condemned. . . . Of course, this could be added as a fifth condition, but, in the absence of argument, this would simply beg the question.”
Murphy, “Not Penal Substitution,” 259.
Eleonore Stump, Atonement (Oxford: Oxford University Press, 2018), 80.
Stump, Atonement, 33.
Stump, Atonement, 79. Her indictment is directed at satisfaction theories of the atonement as well, but our concern is with penal substitutionary theories.
Stump, Atonement, 101. We should note that on Stump’s view an “acceptance of reconciliation” no more implies actual reconciliation than does love and forgiveness. It just means that the offended party is ready to reconcile with the wrongdoer and will do so once the obstacle to reconciliation is removed from the wrongdoer (433n1). So in Stump’s view God’s anger with and even hatred of unrepentant sinners is compatible with His acceptance of reconciliation with them. On the compatibility of necessitarian atonement theories with God’s unconditional acceptance of reconciliation with sinners, see Hayden C. Stephan, “Is the God of Anselm Unloving? A Response to Eleonore Stump,” Religious Studies (August 23, 2019), published online.
Stump’s argument is predicated on the connection between love and forgiveness. She affirms, “Because love is necessary and sufficient for forgiveness, God . . . forgives each human being. A perfectly loving God can and does forgive unconditionally and unilaterally, just as he can and does love unrequitedly” (Stump, Atonement, 109–10).
But is love truly a necessary condition of forgiveness? Victims of crimes like sexual assault have often remarked that it is necessary for them to forgive their offender in order to break the emotional tie with him and so be rid of him and find healing. Their forgiveness is not due to a desire for the good of the offender but for their own good. Thus, forgiveness is not a sufficient condition of love.
Moreover, is love always a sufficient condition of forgiveness, as Stump’s argument assumes? If a loved one, say, one’s son, has committed a truly heinous act, such as a mass killing of innocent schoolchildren, does a parent’s love for the son require him to forgive his son for what he has done? Does the argument against the coherence of penal substitution depend on so uncertain a premise as this?
In any case, given that love is sufficient for forgiveness, God’s loving every person implies His forgiving every person. But on “Anselmian” theories, Stump says, satisfaction of God’s justice is a precondition of God’s forgiveness. Therefore, Anselmian theories, which hold that God’s forgiveness is conditional on the satisfaction of divine justice, are incompatible with the doctrine that God is perfectly loving.
This inference is too quick. How is the universality of God’s love and forgiveness incompatible with there being preconditions of forgiveness, like the satisfaction of God’s justice? After all, another precondition of forgiveness is wrongdoing, but that precondition does not preclude God’s universal forgiveness. If God provides satisfaction for all persons, then the precondition of universal forgiveness is met. Stump fails to appreciate that what unconditional forgiveness requires is that there be no conditions “that the wrongdoer must satisfy” in order to be forgiven (Karen D. Hoffman, “Forgiveness without Apology: Defending Unconditional Forgiveness,” Proceedings of the American Catholic Philosophical Association 82 [2008]: 135, emphasis added), not that forgiveness has no preconditions. From God’s universal love and forgiveness, all that follows is that any preconditions for universal forgiveness have been met: God has provided satisfaction for every human being. Stump’s is really an argument against limited atonement, not penal substitution.
See again Hoffman, “Forgiveness without Apology,” 135. Stump’s argument thus relies on an equivocal use of the word “unconditional.”
Stump, Atonement, 84.
Stump, Atonement, 85–88. She later explains:
A morally perfect God can forgive a wrongdoer unconditionally and unilaterally, in the sense that God can desire the good for the wrongdoer and union with him no matter what the state of the wrongdoer is. Even the anger and hatred God has towards some people are the kind of anger and hatred that are compatible with love. These reactive attitudes co-exist in God with an acceptance of reconciliation with those people for whom God has anger or hatred, and they come with a continual offer of divine grace that would produce goodness and closeness to God in any wrongdoer who did not reject that grace. What God ultimately desires for every person, even those with whom he is angry or those whom he hates, is union with them. (111–12)
These affirmations are wholly compatible with penal substitutionary accounts of the atonement.
Stump, Atonement, chap. 3, 89–92.
Stump, Atonement, 91–92.
Jeffrie Murphy, “Mercy and Legal Justice,” in Forgiveness and Mercy, ed. Jeffrie G. Murphy and Jean Hampton (Cambridge: Cambridge University Press, 1988), 175–76.
Murphy, “Mercy and Legal Justice,” 175. See also H. R. T. Roberts, “Mercy,” Philosophy 46, no. 178 (1971): 352–53, in response to Alwynne Smart, “Mercy,” Philosophy 43, no. 166 (1968): 345–59. Roberts criticizes Smart for confining her attention to the courtroom, which leaves her unable to provide any examples of genuine mercy. That is because cases of so-called judicial mercy are really cases of determining that exaction of the full penalty allowed by law would not be just. “Whereas in ordinary life a person could weigh every relevant factor and yet properly say, ‘In all justice x owes me A, but it is mine to exact and I choose not to,’ a judge, though perhaps required to decide on a debt due to an individual, is never required to pronounce on one due to himself and so can never exercise real mercy” (353).
See also comments by Samuel T. Morison, “The Politics of Grace: On the Moral Justification of Executive Clemency,” Buffalo Criminal Law Review 9, no. 1 (2005): 89–90.
Stump’s treatment generally neglects legal aspects of the atonement and ignores forensic motifs in the NT. Her doctrine of justification, for example, is non-forensic, being a matter of God’s infused righteousness into the believer, not a legal pardon granted by God. By contrast, as we have seen (chap. 4, n17), the forensic nature of justification is Pauline. See further chap. 10, n29.
As dramatically illustrated at the murder trial of Dallas police officer Amber Guyger. After pronouncing sentence on Guyger, Judge Tammy Kemp emotionally embraced and comforted Guyger. https://www.washingtonpost.com/nation/2019/10/03/judge-botham-jeans-brother-hugged-amber-guyger-igniting-debate-about-forgiveness-race/.
See provocative discussions of pardon by Henry Weihofen, “The Effect of a Pardon,” University of Pennsylvania Law Review 88 (December 1939): 177–93; Samuel Williston, “Does a Pardon Blot Out Guilt?” Harvard Law Review 28, no. 7 (May 1915): 647–63.
Stump, Atonement, 445n106.
Stump, Atonement, 74. It should be evident that Crisp does not mean by “acceptance of reconciliation” what Stump means (see n39 above). Cf. 101–2 for the same conflation:
God’s forgiveness of human beings and acceptance of reconciliation with them is thus dependent on Christ’s making satisfaction to God. . . . [T]he point of Christ’s satisfaction is to provide a perfectly good God with this needed condition for pardoning human beings. . . . [T]he point remains that God’s forgiveness and acceptance of reconciliation depends on Christ’s making satisfaction to God.

↑ Back to top

↑