Sex and human rights


I.          Introduction

 In this essay, we seek to explore a reading of Judges 21 together with aspects of sex and human rights as they relate to contemporary, social challenges. I pick this Scripture passage quite deliberately, as one which modern readers find especially challenging, even problematic. It’s the sort of passage that I have found, as a pastor, can both surprise and repulse the unsuspecting reader, leading to fresh questions over the authority and relevance of parts of the Bible.

 Judges 21 begins with an oath by the men of the Israelite tribes: ‘None of us will give his daughter in marriage to a Benjamite.’[1] There has been a genocidal attack by the men of Israel against the cities of Benjamin. The attack has happened because the tribe of Benjamin had not punished a Benjamite city that had allowed an outrageous attack on a traveller, but instead had gathered in their defence. The other eleven tribes of Israel gathered together to punish the Benjamites. Only 600 Benjamite men escaped the ensuing slaughter. But now, how might the integrity of the twelve tribes be preserved? Should a whole tribe disappear from the twelve tribes of Israel? Grief has surfaced among the Israelite tribes, but not remorse. Surely none of the other tribes will voluntarily give their daughters to the surviving Benjamites. In the ensuing need to find wives for the surviving men of Benjamin, a further attack is orchestrated by the men of Israel against a city that had failed to send fighting men to join the campaign against Benjamin. When this foray fails to harvest a sufficient supply of virgins for the surviving Benjamites, a raid on the dancing girls at ‘the annual festival of the Lord in Shiloh’[2] is allowed to supplement candidates to serve as wives.

The whole scenario, like much contemporary discussion on sex and human rights, is messy and complicated. The narrator repeatedly observes that at that time, ‘Israel had no King’.[3] Yet the narrator makes no judgment on the outrageous acts against cities and persons, but simply tells the tale. The passage is problematic not because of the presence of clear, ethical declarations and moral guidelines, but because of their absence. This is what makes it so difficult to read. Are there no standards of justice? Are there no ethical or moral rules relating to sex and human rights to be learnt and applied for the reader? Is violating behaviour acceptable?
What is to be set as proper, sanctionable behaviour? What is to be deplored? The narrative itself appears to provide us with few if any hints. But herein lies also its utility, inviting us to search further. This is the task we set ourselves in this essay: we will seek to explore the relevancy of this passage to the Christian life, as we today wrestle with issues of sex and human rights.

We begin by exploring the question of what is Biblically sanctioned by God in terms of the ethical mandates or convictional norms for society, with reference to human rights. We look at perceptions of justice, peace, persons[4] and their plurality[5], enquiring into what we might understand by each of them in their relation to human rights.

Like the Israelites in Judges 21, modern Western culture has largely lost its way. Our argument in this essay will that it has done so by losing sight of both the ontological[6] drivers and the teleological[7] foci that are part of the grand, Gospel narrative that is brought to us through the birth, life, death, resurrection and ascension of Jesus Christ. Justice, if it is to be pursued, requires both a definition of persons within a plurality and also an expectation and hope of a just resolution to issues of injustice: justice that is not simply constitutive but is also determinative. We will further argue that such ontological drivers and teleological anticipation of eschatological fulfilment are integral to a Biblically Christian worldview and ethic. Society without an identity formed through a defined understanding of personhood and a teleological focus is society that has no ascended King called Jesus Christ.

                                              
1.         Human Rights and Justice

The Judges 21 narrative implies that a society without a King lacks right order. Nicholas Wolterstorff in his work, Justice: rights and wrongs,[8] argues that a theory of justice built simply on ‘right order’ offers an inadequate instrument in establishing societal order. For Wolterstorff, human rights are not reducible to utilitarian values effecting social convenience. Reviewing the development of legal theory in the Western European tradition and incorporating Biblical perspectives, Wolterstorff notes an Old Testament emphasis on care for the marginalised in the community, the poor, orphan, widow and the resident-alien, pointing the way towards constitutive justice. Constitutive justice depends upon establishing a society that holds to virtues or convictions that are adopted and embraced in the practices of that society. This constitutive justice has to be built on values that are more than utilitarian expediencies. Wolterstorff argues rather that natural rights,

“‘inhere” in God and in us, on account of the worth that God has by virtue of some status that God has, and in us by virtue of some status that we have. Rather than something or other conferring the right on entities that have this status, the worth of the status grounds the right’.[9]

The issue of status that Wolterstorff raises is of value to us, in that it happily removes discussion as to the nature of justice beyond the strictures of utility, establishing instead a right of justice based on personhood. Our exploration must therefore move on to look at how personhood is to be determined. The United Nations’ Universal Declaration on Human Rights, the classic benchmark of human rights in the 20th century, affirms the ‘inherent dignity and of the equal and inalienable rights of all members of the human family’.[10] The problem that then arises is the same as that generated by the Scriptural narrative under review. How do we establish a proper relationship between the rights of a person and the rights of the plurality of persons, where this plurality leads to the constitution of a society to which a person belongs? And what do we do when the perceived interests of a person are in conflict with the perceived interests of the society to which they belong?

Wolterstorff’s answer to this dilemma is to affirm that ‘rights are normative social relationships: sociality is built into the essence of rights’.[11] Wolterstorff distinguishes this approach from, on the one hand, a Marxist dismissal of human rights as an expression of individual selfishness; and on the other hand, the agapists’ demand that ‘we are always and only to act out of gratu­itous benevolence and generosity’.[12]

But what are to be our criteria in seeking to recognise normative, social relationships? Where should we turn to establish what these are, or should be? To look simply for convictions that are popularly accepted as normative or even effective in sustaining social relationships may be possible in a simple society; but in the complex, fluid environment of population mobility and urban life, how can this be possible? Furthermore, living in a culture of postmodern relativism, where persons interact with and adhere to many different social groupings and cocktails of values, how might we ever determine the meaning of ‘normative’?  If we are to reject with Wolterstorff a utilitarian approach, partly because it offers such an inadequate understanding of the status of a person, what are the alternatives? The answer for many lies in codified certitude. There is an understandable attraction towards forming a clearly prescriptive codex of ethical and moral norms: such thinking is present in advocacy of Sharia Law, a foundationalist legalism built on Torah, or a Christianised adaptation of the Decalogue. The resultant clarity of clear codes might prove attractive to some; but is there nothing better? Is it possible, in the quest for justice, to affirm both the status and value of persons and their plurality in a clear yet uncodified way?

The Old Testament’s repeated association of righteousness with a justice that is both constitutive and determinative, and the New Testament’s identification of righteousness as both a constitutive quality to be developed in the Christian life as well as being an absolute, determinative quality arising through faith in Jesus Christ, points the way. In modern life, many advocate and espouse constitutive, developmental qualities or drivers that we might embrace and own. Love, forgiveness, compassion are popular examples. In the same way, New Testament justice and righteousness are to be developed and grown into: yet, at the same time, we recognise that these are also fully realised for us only in and through the atoning death and vindicating resurrection of Jesus Christ. Through Jesus Christ, justice is fully achieved and righteousness is fully realised. These constitutive and determinative components both come together for us in the Being of Jesus Christ. What motivated and drove him forward in his life and ministry is what now drives us forward in our life and ministry, undertaken in his name. This arises from our union with Jesus Christ. This is what we describe as our ontological drivers.

But there is more. Jesus Christ has, through His atoning death, resurrection and ascension, accomplished all that is necessary to complete this task: the outcome is assured and determined. Jesus Christ is our avenue of entry into the New Heavens and the New Earth, where justice is fully established. We have a hope of fulfilment and the assurance of a good, future resolution before us: we can see the end[13] result in Jesus’ bodily resurrection and in his anticipated, coming reign. This is our teleological focus.

The message of Jesus from the outset of his preaching ministry, inviting people to recognise the nearness of the Kingdom of God, was a call to own such ontological drivers patterned on him and also a teleological focus owned by him: focus upon living in a righteousness belonging to the Kingdom of God that would serve the justice of the Kingdom of God. Here we have a focus upon justice that is both constitutive and determinative. A justice that is to be struggled after in the present, but that finds fulfilment and vindication in the coming Kingdom of Jesus Christ, thereby determining God’s justice within the whole cosmos. Righteousness[14], like peace, observes the Apostle Paul, is a characteristic of the Kingdom of God.[15]

2.         Human Rights and Peace

A further corollary to justice is found in peace. Peace, like justice, is both an ontological driver and a teleological focus for us. It comes through our participation in the person of Jesus Christ and in the pursuit of His ministry. Peace comes with the establishment and maintenance of justice, ushered in by the Messiah,

‘Of the increase of his government and peace there will be no end. He will reign on David's throne and over his kingdom, establishing and upholding it with justice and righteousness from that time on and forever’.[16]

Peace is more than the absence of disruption: it is the predicate of an order that is being constituted through establishing integrity and wholeness. This is the fuller sense of Biblical Shalom.

Peace comes through establishing God’s order both in persons and their plurality; and as such it is integrally related to holiness. Jesus, the Prince of Peace, is harbinger of peace as much as executor of justice. For the peace that He imparts, breathed upon his disciples,[17] is a peace that comes from God alone. It is set apart from rebellion against or refusal to acknowledge God: it is holy.

That the peace associated with Jesus Christ, a peace that comes from God alone,[18] is integrally related to God’s holiness can easily be lost sight of when engaging in a discussion of human rights, sexual or otherwise. Human rights, as conceived of in terms of the UN Declaration, are not related to belief or participation in God. Peace may be construed as the absence of a person or persons’ violation; but the positive, Biblical characteristics of peace are not defined. Social pluralism is assumed within the UN Declaration, a perspective both tenable and popular in the climate of determined optimism that gave birth to the UN Declaration on Human Rights in 1948. But in our time, where there are continuing and growing conflicts in a world in simmering crisis, such an assumption may be questioned. By whom and how can normative social values be identified and affirmed? The apparent irreconcilability of conflicting worldviews and agendas render the rights of each and every person, to live life however they desire, increasing fragile. The establishing of peace in the present order of Creation, characterised by an absence of strife or conflict, may now lack credibility. Another endgame needs to be envisioned and advocated which speaks not only of persons but also of plurality.

And here is where the Christian message, calling Creation to the process of being transformed into conformity to Christ[19], offers hope. Christian peace is realised only where there is a King coming to establish His Kingdom. Such peace becomes a hope that generates faith, both an ontological driver and a teleological focus. It is not a peace that can be realised in a world where there is neither repentance nor rebirth. It is established through the order that comes in and through the person of Jesus Christ.


3.         Human Rights, Persons and Plurality

Jesus Christ, harbinger of both justice and peace, is represented in the New Testament Scriptures as both a unique and a relational person. From the birth genealogies of the Synoptic Gospels through to his life’s ministry and teachings on service and self-sacrifice for others, Jesus Christ is a person who is a man for others. He is presented as a person in relationship to other persons. He is a person who lives and dies and is raised again for the sake of the plurality.

And in this, Jesus Christ is true to the Old Testament narratives in a way that is represented in Judges 21. What is here challenged is any priority in viewing persons defined and removed from societal contextualisation, outwith plurality. The tacit assumption of the Judges 21 text is at one with Wolterstorff. We are persons possessed of human rights in and through the context of our relationship to others. Human rights may inhere in us as persons; but only in so much as we understand ourselves as possessed of that status as persons constituted within plurality.

The relation of persons to their plurality is frequently founded in contemporary Christian discussion on an analogical model, fashioned around understandings of perichoresis and Social Trinity: this is an approach we neither favour nor adopt here. It is sufficient for our purposes that we note that from the Genesis accounts onwards, persons are discussed in the context of their relationship to God and other persons, where from the outset Adam is a generic and not an individual designation.[20] Although post-Enlightenment readers find it so hard to recognise, God is so presented as viewing mankind primarily in the plurality and dealing with persons as constitutive parts of that plurality.

II.        Persons and Purality

4.         Ontological Drivers

What, then, is it that God sanctions? And how would the God of Jesus Christ help us address the apparent amorality of Judges 21, or the challenge of establishing ethical and moral guidelines for matters of sexual or conjugal practice today? As Wolterstorff observed, it is not enough to revert to a demand that we simply act out of gratu­itous benevolence and generosity, person to person. Such would not require us to contextualise our understanding of persons within plurality. What we learn from Jesus Christ is that the imperative of God is addressed to persons within the context of their plurality. So it is that Jesus Christ affirms the Jewish Shema’s call to love God[21] - who is our God and who is One -  within the context of loving our neighbours as ourselves, placing the attitudes and actions of personal worship within the context of persons and their plurality. Human society is to reflect and echo the integrity and holiness of God Himself.

What is it that characterises the communion of God with us? What is it that is essential to the revelation and mission of God, as He reaches out to embrace and commune with His creation? Our answer is that God looks to express Himself through the transitive actions and expressions of His own person made manifest in Jesus Christ, reaching out to touch and embrace His Creation in order to establish justice and peace among persons in plurality. God declares Himself to Moses as compassionate, gracious, slow to anger, full of merciful love and faithfulness and forgiving wickedness, rebellion and sin. He also declares that sin must be both recognised for what it is – a violation of relationship with God and with the plurality – and that sin be punished in order for persons within plurality to be corrected.[22] And so it is that He fully expresses Himself in the person of Jesus Christ, whose expression of humanity directs the characteristics of Deity towards persons in their plurality; whilst dealing in and through His own representative humanity with the repercussions and effects of human sin.

Put another way, God does not sanction the universalising of ethical drivers pertinent originally to a prescribed context or parochial culture. The drivers that predicate ethical imperatives and mandates, reflective of Christ and contextualised within the cultures we live and work among, are drivers rooted in the character of God’s own Being expressed into the humanity of Jesus Christ: they are ontological drivers. These are not simply expressing the characteristics, convictions or virtues quickened in an ennobled or enabled humanity; but they are drivers arising from the very character of God Himself, the God of Israel come among us in Jesus Christ. Ontological drivers arise because of the transitive nature of God in His economy towards us. God reaches out to embrace us in the activity of His own Being. They are not the drivers of sexuality and conjugal rights formed within a rebellious, sinful society. It is an alternative reality that Moses met with in the revelation of the Divine goodness to him in Sinai. And it is this that we meet with as our humanity is embraced and encompassed in the person of Jesus Christ. His exemplary humanity expresses the embedding of God’s Being in His person, come within our human plurality.

Why stress ontological drivers, rather than further developing a convictional basis for ethics, rooted in the perceived propriety of context and culture? Because as Christians we willingly give ourselves to be defined by the person of Jesus Christ. Through our identification with Jesus Christ we identify drivers in the Biblical narrative that belong to the very character of God, for basic to the Christian message is the declaration that the metanarrative that defines us is found in the life and ministry of Jesus Christ alone. Ontological drivers are not to be confused as outcomes: they are not prescribed forms or expressions of mandated behaviour, yet neither are they accidental. They require an experimental process of present discovery through constant and ongoing dialogue with the Biblical narratives, questioning how they can be realised and brought to expression within our context and culture. But all of this has to be applied through the prism of Jesus Christ Himself, who so fully and completely represents God in His holiness come to us and among us in order to gather us as persons into His plurality.

5.         Teleological Focus

But the failure of the Israelites in Judges 21 is not only because of the absence of ontological drivers. They have no anticipation of either a King or a Kingdom. They are leaderless and hopeless. They survive yet are directionless. There is no hope and no goal to pursue with joy.

We have rejected the premise that a Christian ethic can be built solely on the basis of perceived virtues or values. But neither is it enough, in pursuing justice and peace, to speak only of ontological drivers: as if even the characteristics of God's goodness - compassion, grace, slowness to anger, merciful love, faithfulness and forgiveness - were content enough for a Christian ethic when faced with questions of sex and conjugal rights in this present, sinful age. To embrace an understanding of justice and peace pursued solely in terms of ontological drivers endangers a betrayal and renunciation of the strategic role of hope within the Biblical metanarrative of Jesus Christ, testified to in the Gospels and integral to the New Testament Epistles. Where is the ‘good news’ of the Gospel if there is no coming King? How can there be faith, if is there is nothing yet presently unresolved and undetermined to hope for?

It is not enough to speak only of drivers, in reaching towards a Christian ethic. In looking to an ethical response to the challenges of affirming Christian perspectives in dealing with questions of sex and human rights, including conjugal rights, we must also address the question of teleological focus. What is it we hope for, wait for and long for in the New Heavens and the New Earth? What is the character of this holy reality the Holy Spirit leads us to hope and long for? Of course there will be a sense of frustration as we wrestle with our instincts and desires in the present. For the present is not what we hope and long for. In addition to drivers we need focus: an understanding of the Kingdom of God that is yet to come and what the Bible speaks of in terms of its fullness among us. A focus on a New Heavens and a New Earth, a hope that is so real that it shapes and effects our behaviour now. A measured, present response to what we long for. A hope expressed through faithful, present participation in Jesus Christ. Anticipated enjoyment through the presence and power of the Holy Spirit coming to strengthen our resolve in our present life and experience, even whilst we live in these bodies which are held in a present cosmos saturated with sin and damaged by decay.

What is badly in need of recovery within the present writer’s context and culture in Scotland and quite probably in a wider European context, both in ethical discourse and in the practice of preaching the Good News of the Kingdom of God come in Christ, is a focus and anticipation of the realisation of the new order born out of the endgame that is the Kingdom of God. That this Kingdom, heralded by Jesus Christ, is one defined by holy relationships: a plurality of persons. Where all who participate are willingly defined by the person of Jesus Christ and happily participators in the plurality constituted by Christ. An environment where justice and peace are both predicated by the will of God and our joyful and collaborative recognition of the same. Where we willingly and, in terms of this present sinful cosmos, sacrificially root our lives in a plurality which is under the rule of Jesus Christ our King. This is the essence of church: the plurality that is rooted in the person of Jesus Christ.

We live, tragically, in a season where the lack of a ruling King leads to societal decay and disintegration. By advocating the marrying of ontological drivers to teleological focus, we seek to avoid the dangers of both a static, unyielding foundationalism and also a confused, relativised post-foundationalism; for the danger inherent in any post-foundational approach to ethics is that principles and universal, normative values are disallowed and, whilst convictions and virtues may be affirmed, all is relativised. Or put simply, the ‘narrative is king’. Judges 21 is important in exposing this. The narrative is clear. The practices are apparently condoned. Does that make them right? The difficulty with a narrative based approach to ethics is that it can be deemed utilitarianism by another name: albeit a utilitarianism defined by context and culture.

We will only effectively shape church as a witnessing, alternative pattern for society when we grasp Christ’s call that we give ourselves to living out participation as persons in a holy plurality, renouncing life driven by the demands of sinful appetites. We need to reaffirm our identity as persons who are part of a plurality. A plurality that is motivated by expressing itself through ontological drivers that are founded through identification with the glory and goodness of God’s Being expressed in Christ. And ontological drivers so embraced that they are worked out by persons who have renounced individual self-determination in order to be part of and to serve the plurality that will populate the society of the New Heavens and the New Earth. A new society where both sexual propriety and purity, as aspects of a society filled with the justice, peace, persons and plurality that we long for and live for, are owned and pursued.


[1] Judges 21.1
[2] Judges 21.19
[3] Judges 17.6, 18.1, 19.1, 21.25
[4] Person is used in preference to individual, as the latter can connote a polarised or separate identity of the individual from society. Our thesis in this essay does not embrace such a distinction.
[5] A plurality is to be understood as a society of persons of which each person is a constituent part.
[6] In Greek, the ontos is ‘essential being’: hence ‘ontological’. For the Christian, our ontological identity is the identity we own through having been brought to share in the ‘being’ of God, in and through Jesus Christ. An ontological driver is a motivational imperative that we embrace because we receive for ourselves an identity that is rooted in and through Jesus Christ. The indicative of God’s Being thereby becomes the imperative of Christian conscience.
[7] Again, in Greek, the telos is the outcome or ending that we are focussed upon. It is this that we find our hope anchored in, because of the bodily resurrection of Jesus Christ. It represents a focus that is upon the envisioned New Heavens and New Earth that now serves to motivate us and shape our present attitudes and actions. Teleological focus brings hope, births faith and motivates love.
[8] Nicholas Wolterstorff, Justice: rights and wrongs, Princeton University Press, 2008.
[9] Justice: rights and wrongs, p. 317.
[10] Preamble, The United Nations’ Universal Declaration on Human Rights.
[11] Justice: rights and wrongs, p. 4.
[12] Justice: rights and wrongs, p. 285.
[13] In Greek, the telos: hence ‘teleological’.
[14] The association of righteous and justice, so often paired together in Old Testament Hebrew, is reininforced in English translations of the Greek New Testament by the use of both terms to render dikaiosune.
[15] Romans 14.17
[16] Isaiah 9.7
[17] John 20.21-22
[18] John 14.27
[19] Christomorphism
[20] Genesis 1.26
[21] The startling abruptness of the Hebrew is so easily lost in translation: ‘Hear, O Israel, the Lord: our God; the Lord: One’. Here is the mystery of Trinity that evokes the response of doxological praise: it is through the singularity of God’s Being that the plurality in which we find our personhood is identified and constituted.
[22] Exodus 34.6-7