In 1999, the NSW Legal Services Commissioner stated that New South Wales is the second most litigious society in terms of medical negligence in the world after New York[1]. Another often cited statistic is that NSW is the third most litigious state in the world, behind California and Texas[2]. The former Premier of NSW, Bob Carr, said in Parliament in 2002 that NSW is the most litigious State in Australia[3], although some have said that by the mid-two thousands, Victoria has caught up and outstripped NSW[4]. Some have called our society a ‘blaming and claiming society’[5]. We blame, then we claim.
And there is the entertainment value that court cases bring. Think of O J Simpson, or Azariah Chamberlain, which became a movie. We have Judge Judy – real cases, real people, Judge Judy. Ex-lovers, flatmates, siblings, friends, children against parents, fighting and bickering, wanting $500 here or $1000 there. Even the mainstream court reporting blurs the line between news and juicy details. Newspapers, TV or radio reports love to bring out the salacious bits from court or ICAC, and especially if it involves the church or a minister.
Our society isn’t that different from Ancient Greece. The Greeks loved litigation. The law courts were one of the chief amusements.
We know about the civil legal system in Ancient Athens. The situation in Corinth would have been pretty much the same. If there was a civil dispute (that is, not a crime or public case), the first attempt at resolution involved arbitrators, one for each party and one as a judge. If that didn’t work, they went to a court known as the Forty, which was drawn from all Athenian male citizens in their 60th year. If that didn’t settle it, it was referred to a jury trial consisting of either 201 or 401 citizens, depending on the amount in dispute, consisting of Athenians 30 years or older. In fact, there was a public case which was recorded to have had 6000 jurors! And the jurors were all paid a daily rate to hear it. So in a Greek city, every Greek male over 30 spent a fair amount of time either deciding or listening to court cases[6]. Every Greek man was a bush lawyer.
Sadly, there are records, too, about corruption among the judges and jurors. Dio Chrysostom complained that in Corinth there were “lawyers innumerable perverting justice” (Or 8.9). Sadly, the law then as now is biased toward the rich and powerful.
Courts, judges and lawyers are a reality of life. They are necessary for justice in a fallen world. Eventually, you will need a lawyer, if you want to buy a house or write a will. And we can thank God that we have a legal system in modern Australia. The rule of law is better than the law of the jungle. It is not perfect, but it maintains civilized life.
In the Old Testament, God set up courts and judges for Israel. Moses says of judges and courts in his day, in Deuteronomy chapter 25 verse 1:
When men have a dispute, they are to take it to court and the judges will decide the case, acquitting the innocent and condemning the guilty. (Deuteronomy 25:1 NIV)
Judges were charged to hear the disputes between Israelites. They were to judge fairly, whether the case was between brother Israelites, or an Israelite and a foreigner. (Deuteronomy 1:16). They were not to show partiality or favouritism. They were to hear both great and small, both rich and poor. They should never accept a bribe (Deuteronomy 16:19). And they were not to fear any man, but God (Deuteronomy 1:17).
God put Israel under a judicial system, and he has put us under one, too. We read in Romans chapter 13 verses 1 and 2:
Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. (Romans 13:1-2 NIV)
God has put us under courts and judges, too, even when the law is an ass.
In chapter 5 and the second part of chapter 6, Paul deals with sexual sin in the Corinthian congregation. We will deal with that next week. But along the way, Paul sets down a proposition. 1 Corinthians chapter 5 verses 12 to 13:
What business is it of mine to judge those outside the church? Are you not to judge those inside? God will judge those outside. (1 Corinthians 5:12-13 NIV)
The Apostle and the saints (that is, Christians) are to judge matters inside the church. In 1 Corinthians chapter 5, it is the matter of the man who is having a sexual relationship with his step-mother, his father’s wife.
The outsider is to be left to God. But the church is supposed to judge the church member.
Often, the church is told it ‘should not judge’. But here, the sin of omission is that the church did not judge its own members. It should have judged the man who had his father’s wife, that’s chapter 5. The world might say, ‘oh, it’s all consensual, they are grown ups’. But the Apostle says, ‘Expel the incest offender from the church’.
And the church should have judged between disputing Christians. That’s chapter 6 verses 1 to 8. The church should have been able to sort out these small matters, these petty claims, without recourse to the Greek legal circus.
The Christians in Corinth have been suing other church members. And Paul rebukes the Corinthians.
There are four reasons why Paul is so disappointed that Christians are suing other church members in the secular courts.
First, the saints, the Christians, should be able to work these petty matters out, because the saints are going to be conducting their own courts in the world to come. 1 Corinthians chapter 6 verses 2 to 3:
Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! (1 Corinthians 6:2-3 NIV)
The saints are Christians, believers in Christ. And Christians need to be able to judge because they will judge the world. They will judge angels[7]. This world is passing away. In the coming age, the saints will share in the Lord Jesus’ Christ’s role of judging the world and angels. So they should start exercising their discrimination, judging and decision-making now.
Jesus promises us, in Revelation chapter 2 verses 26 to 27:
To him who overcomes and does my will to the end, I will give authority over the nations – ‘He will rule them with an iron sceptre; he will dash them to pieces like pottery’. (NIV)
Perhaps you have little or no influence in this world. Most of us are pretty insignificant as far as this world is concerned. But we mustn’t let it worry us. Jesus promises us plenty of significance in his coming kingdom. And the greatest President and most powerful General and most magnificent Prime Minister and the great opinion shapers and formers will then covet your role in judging the world and the angels.
According to Paul, we have the mind of Christ. And the spiritual man makes judgments about all things. So we need to help each other make wise decisions. Talk to a trusted Christian friend before you take a particular course of action. Talk to more than one if you have difficulty. The Christian can receive help from the church to work out their problems. What a blessing, to have brothers and sisters in Christ to talk over your problems with. Use them.
Jesus himself steps us through a process if we have been wronged by a church member. And the first three steps all involve the church. Matthew chapter 18 verses 15 to 17:
"If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over. But if he will not listen, take one or two others along, so that ‘every matter may be established by the testimony of two or three witnesses.’ If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, treat him as you would a pagan or a tax collector. (Matthew 18:15-17 NIV)
Here Jesus advocates use of the direct, non-adversarial approach. There are three steps, first, by yourself, second, with one or two others Christians, and third, to the church. And the fourth step is to treat the person as a non-Christian. Perhaps that might involve court, but only after the other three avenues are exercised. And always, there is the hope that there would be forgiveness and reconciliation, that the brother might be won over.
The second reason Paul gives to not pursue litigation is because the courts were unjust. We see this hinted at in verse 1:
If any of you has a dispute with another, dare he take it before the ungodly [lit, unjust or unrighteous] for judgment instead of before the saints? (1 Corinthians 6:1 NIV)
We see it again in verse 8:
Instead, you yourselves cheat and do wrong, and you do this to your brothers. (1 Corinthians 6:8 NIV)
Question: Why is it that a large multinational company paid the same tax on its $1.1 billion earnings in 2011 as four school teachers would have paid on their $80 thousand a year? Answer: Because the large multinational company paid alot to their tax lawyers and accountants, so that they didn’t have to pay a lot to the government in tax[8]. That’s how come it was ‘legal’, because their lawyers worked out how to do it.
The rich often are the ones who use the legal process, because they have the money to do so. So, James chapter 2 verse 6 observes:
Is it not the rich who are exploiting you? Are they not the ones who are dragging you into court? (James 2:6)
The way the rich oppress is to write the law, interpret it, and find the loophole. They can afford to do so, with their large war chest and highly qualified legal team. Darrell Kerrigan is right to define a QC as ‘a rich person’s lawyer’ (in the movie, ‘The Castle’).
At least one of the Corinthian Christians was using the judicial process to humiliate and shame and wrong a fellow Christian.
Paul knew first hand what the judicial machine could do. When Paul first arrived in Corinth, the synagogue handed him over to Gallio. The mob beat Sosthenes and Gallio didn’t care. Three times Paul had been beaten with rods, a Roman punishment (2 Corinthians 11:25). Indeed, wasn’t everything that was done to Jesus, his judicial murder’, done legally? It may not be just, but it is all ‘legal’. As Senator Palpatine said in Star Wars 1, ‘I will make it legal’.
Just because someone’s a judge, it doesn’t mean they are just. Jesus talks in a parable about an unjust judge who neither feared God nor cared about people (Luke 18:2,4,6). Paul knew first hand that judges often wanted bribes (Felix: Acts 24:26-27). One imagines there still are such corrupt people in high places. As Ecclesiastes says:
‘And I saw something else under the sun: In the place of judgment - wickedness was there, in the place of justice - wickedness was there. (Ecclesiastes 3:16 NIV)’
So Paul says, ‘Stop smashing your fellow Christians with the judicial process’. You are aligning yourself with the wicked, the people of this world, who will not inherit the kingdom of God.
Not only does this litigiousness show a bad character, but it gives the church and Christianity a bad reputation when church member takes church member to secular court.
Imagine how you would feel about being sued by your children. Imagine if your children sued you for your house, or said, ‘I want my inheritance now’. Imagine if your children were taking each other to court for this thing or that thing. That’s how Paul feels about this litigation. Verse 6:
But instead, one brother goes to law against another--and this in front of unbelievers! (1 Corinthians 6:6 NIV)
Paul is astonished that the Corinthians show so little brotherly love to one another.
Jesus was once asked to be a judge in a succession and inheritance matter.
Someone in the crowd said to him, “Teacher, tell my brother to divide the inheritance with me.” Jesus replied, “Man, who appointed me a judge or an arbiter between you?” Then he said to them, “Watch out! Be on your guard against all kinds of greed; a man's life does not consist in the abundance of his possessions.” (Luke 12:13-16 NIV)
The secular media love to see brother fighting brother, Christian fighting Christian. They love to be able to see us fight, and say, ‘Look at those hypocrites’. They can’t even agree with one another. There is the church for you, petty and bickering. And God’s gospel is dishonoured because of bad Christian conduct.
Now, the reputation of the church is not absolute. Similar considerations have meant ‘sexual abuse’ cases have been hushed up and kept in-house. But clearly, Paul doesn’t do that. Paul expels the sexually immoral, unrepentant sinner, because a little yeast works it’s way through the whole batch of dough (chapter 5). Sexual abuse involves a crime in which the State has an interest, whereas 1 Corinthians 6 is about civil cases[9].
In taking civil matters to court, the question needs to be asked, ‘What will the non-Christian judge think of us’. Now, you don’t always have the choice. Sometimes you get sued[10]. Sometimes you have to defend what is right. Sometimes you have to defend those who cannot defend themselves. But sometimes you just need to walk away from the fight and let the wrongdoer win, because the fight is simply ugly and grubby, and you bear the beautiful name of Jesus Christ.
Which leads to the fourth reason, that Christians should be prepared to be wronged and cheated. Chapter 6 verse 7:
The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? (1 Corinthians 6:7 NIV)
This is turning the other cheek. If someone sues you for your shirt, give him your cloak as well. If someone forces you to carry their bag one mile, carry it two. (Matthew 5:39-41; Luke 6:29-30)
This is the Bishop in Les Miserables who says to the Police when Jean Valjean is caught with his silverware, ‘Why didn’t you take the two candlesticks as well’, as if he had forgotten to take them.
I know a Christian man who was ripped off in business by another ‘supposedly’ Christian man. And he refused to take it to court because of this verse. He bore the loss. May his reward be great in heaven.
It reminds me of the employer I heard about who catches his employee with the hands in the till, but doesn’t press charges, because he thinks of the wrongdoer’s family.
A Christian brother reminded me of this verse earlier this year. I felt hurt and offended. And asked his advice whether I should say something back. And after listening at length to me, he said, ‘why not rather be wronged’. Of course he was right. ‘Do not say, I’ll pay you back for this wrong. Wait for the Lord and he will deliver you.’ (Proverbs 20:22 NIV)
Now, I do not take 1 Corinthians 6 as an absolute prohibition on resorting to the judicial system. Sometimes, it is necessary to resort to the courts. Why do I say this?
Because Paul at a significant time in his own life resorted to the secular court system. He appealed to Caesar (Acts 25:11-12). Mind you, he didn’t have much choice. Paul did this to protect himself from a Jewish plot to murder him. And he used the opportunity afforded by his appeal to preach to kings and people in high places.
So it may be you need to go through legal processes. Sadly, some of you have had to go through the family court process. You wished you didn’t have to, but you had to. It really was the only way. And Paul is not talking about that.
And elsewhere Paul says of secular authorities, Romans 13:3-4, ‘Do what is right and he will commend you. For he is God's servant to do you good.’ God has placed the judges there to provide justice. We do not adopt vigilante tactics, taking the law into our own hands. We submit ourselves to the authorities over us.
But even when we do resort to the legal process, we do not necessarily use all our rights. We do not demand our pound of flesh. For we know that we are debtors to grace and mercy. We know that we need forgiveness. And so we want to extend that forgiveness and compassion to others, even the one who is taking us to court.
There are lots of reasons to stay away from lawyers and out of our secular courts. They are expensive, human justice is imperfect, life is too short, you might lose, and even if you do win, you probably won’t get what you want, anyway. It’s always good to settle out of court; always preferable, though not always possible.
But in closing, I wish to speak of another court in which we must all appear. That is, we must appear before Jesus Christ. The Lord Jesus Christ is our judge, and will judge us, as we saw last week, each according to what we have done. And because of our many sins, and the judgment and condemnation that we deserve to have inflicted on us, we need to take pre-trial action now. Jesus warns us to settle with him before we get there. Luke Chapter 12 verse 58 to 59:
As you are going with your adversary to the magistrate, try hard to be reconciled to him on the way, or he may drag you off to the judge, and the judge turn you over to the officer, and the officer throw you into prison. I tell you, you will not get out until you have paid the last penny." (NIV)
Our case is in the queue. The judge has been allocated. Our Day in court has been determined. And the good news is, there is still time to settle out of court. Jesus has offered us, who have made ourselves his enemies by our sin, a full and complete amnesty from prosecution. His death and resurrection mean that we can be justified in spite of and from our many sins. And by faith we can enter into that privileged position of justified. We can receive the verdict of the judge, even though we are guilty sinners deserving condemnation.
So allow that great day of judgment, where we will only be able to stand by mercy, not justice, put every other little matter we might have against each other, in it’s proper perspective.
Let’s pray.
[1]http://www.olsc.nsw.gov.au/lawlink/olsc/ll_olsc.nsf/pages/OLSC_resolving_1999; http://www.abc.net.au/worldtoday/stories/s163841.htm
[2] http://lordlaw.com.au/publications/asset-protection
[3] (See New South Wales, Parliamentary Debates, Legislative Assembly, 23 October 2002, 5764 (Robert Carr, Premier, Minister for the Arts and Minister for Citizenship) (Second Reading Speech for the Civil Liability Amendment (Personal Responsibility) Bill 2002 (NSW), quoted by Robert Debus, "Tort Law Reform in New South Wales: State and Federal Interactions" [2002] UNSWLawJl 47; (2002) 25(3) University of New South Wales Law Journal 825: http://www3.worldlii.org/au/journals/UNSWLJ/2002/47.html#Heading22
[4] http://www.smh.com.au/news/National/NSW-slowest-in-catching-murderers-on-the-loose/2005/01/27/1106415736064.html
[5] http://www.abc.net.au/compass/s425412.htm
[6] This information is taken from Barclay, 1 Corinthians: DSB, 55-56
[7] Jesus promises that the twelve will judge Israel (Matthew 19:28; Luke 22:30). The angels to be judged probably refer to the fallen angels subject to God’s condemnation.
[8] http://www.abc.net.au/unleashed/4028038.html
[9] Garland, 1 Corinthians: BECNT, 195
[10] Haddon v Forsyth [2011] NSWSC 123 http://caselaw.lawlink.nsw.gov.au/action/PJUDG?jgmtid=150564