The distinction between Law and Gospel is ultimately – that is, in reality – not a distinction between what is said; it is a distinction between what is heard. In other words, the difference between Law and Gospel is the difference between faith and unbelief. Thus, for Luther, the same words can encounter the human as either Law or Gospel. For example, the 10 Commandments are both the "hammer of God" that terrifies sinners with the "thunder of Mt. Sinai" and the pure promise that "I am the Lord your God." Conversely, the beautiful and basic words of the Gospel – "Christ died for your sins" – can be, to the ears of unbelief, nothing but an announcement of the "enormity of God's wrath" (Against the Antinomians 1539). . . .
Two important implications follow from this theological definition of Law. First, because Law is a way of identifying God's action with words, talk about "uses" of the Law cannot be human uses of the Law but God's use of his Law. In other words, God is the acting subject; he wields the words of death and life and the theological term Law is a way of pointing to God's accusing, condemning, and killing speech. Second, because Law is defined in terms of its function and effect rather than simply its content, it is not, as noted above, reducible to a moral codex or a grammatical pattern. . . .
God's words that accuse and kill typically do their work of condemnation in the form of a commandment attached to a condition. So, for example, when Paul sums up the salvation-logic of the Law he quotes Leviticus 18.5b: "the one who does [the commandments] will live by them" (Gal 3.12). Here, there is a promise of life linked to the condition of doing the commandments and a corresponding threat: "cursed is everyone who does not abide in all the things written in the Book of the Law, to do them" (Gal 3.10 citing Deut 27.26). When this conditional word encounters the sinful human, the outcome is inevitable: "the whole world is guilty before God" (Rom 3.19). It is thus the condition that does the work of condemnation. "Ifs" kill!
Compare this to a couple examples of New Testament imperatives. First, consider Galatians 5.1. After four chapters of passionate insistence that justification is by faith apart from works of the Law, Paul issues a couple of strong imperatives: "It was for freedom that Christ set us free; therefore stand firm (imperative) and do not be subject (imperative) again to the yoke of slavery." Here the repeated imperatives are emphatically not commandments with conditions. The exhortation here is precisely to not return to the Law; it is an imperative to stand firm in freedom from the Law. Or take another example, John 8.11. Once the accusers of the adulterous women left, Jesus said to her, "Neither do I condemn you. Depart. From now on, sin no more." Does this final imperative disqualify the words of mercy? Is this a commandment with a condition? Is this Law following the Gospel? No! This would be a conditional command: "If you go and sin no more, then neither will I condemn you." But Jesus said, "Neither do I condemn you. Go and sin no more." The command is not a condition. "Neither do I condemn you" is categorical and unconditional, it comes with no strings attached. "Neither do I condemn you" creates an unconditional context within which "go and sin no more" is not an "if." The only "if" the Gospel knows is this: "if anyone sins, we have an advocate with the Father, Jesus Christ the Righteous" (1 John 2.1).
For Luther, it is within this unconditional context created by the gospel, the reality he called "living by faith," that the Law understood as God's good commands can be returned to its proper place. Freed from the burden and bondage of attempting to use the Law to establish our righteousness before God, Christians are free to look to commandments, not as conditions, but as descriptions and directions as they seek to serve their neighbor. In other words, once a person is liberated from the commonsense delusion that acting righteously makes us righteous before God, and in faith believes the counterintuitive reality that being made righteous by God's forgiving and resurrecting word precedes and produces righteous action, then the justified person is unlocked to love.
For this reason, Luther would insist that the Law only applies to the second question of Christian living: what shall we do? It helps to answer the "what" question, the question about the content of good works. The Law, however, does not answer the more basic question, the question far too few people ask: How do good works occur? What fuels works of love? While the Law demands and directs, what delivers and drives? For Luther, the answer to this question always follows the pattern of 1 John 4.19: "We love because he first loved us." Works of love flow from and follow prior belovedness. Thus, as Lutheran theologian Oswald Bayer has said, the essential question of theological ethics is this: "What has been given?" The answer: "God shows his love for us in that while we were still sinners Christ died for us" (Rom 5.8).
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