Erin had a great
post yesterday about Luke's Gospel, in which she mentioned Jesus' interactions with lawyers.
It's interesting that she should bring up the New Testament lawyer references... The homily at Georgetown Law's chapel on
October 26 addressed this, actually, since the Gospel reading was
Matthew 22:34-40, in which a "scholar of the law" asks Jesus, "Teacher, which commandment in the law is the greatest?" As a part of his homily, Fr. Alexei read us the synoptic passage in
Luke 10:25-37 (because it is a little more detailed), joking that Jesus acted exactly like a law school professor. When the lawyer asked Jesus a question, Jesus presented a hypothetical situation, and then made the lawyer answer the question himself. That is exactly what we do here in law school.
Granted, when the New Testament refers to "scholars of the law," they mean the scribes well-versed in
Mosaic law, not lawyers as we understand them today, but whenever I read a verse that vilifies lawyers, it nonetheless makes me hesitate. I mean, even when I was young, one of the facile conclusions that I reached about the Bible was, "Thank God I'm not a scribe or a Pharisee! They do everything wrong!" Now, I understand that I need to look more closely at the attributes of scribes and Pharisees to analyze whether I am making the same mistakes.
So, what is it that lawyers do wrong? As Erin referenced, Jesus explains this in
Luke 11:45-46, 52-54:
Then one of the scholars of the law said to him in reply, "Teacher, by saying this you are insulting us too." And he said, "Woe also to you scholars of the law! You impose on people burdens hard to carry, but you yourselves do not lift one finger to touch them. [...] Woe to you, scholars of the law! You have taken away the key of knowledge. You yourselves did not enter and you stopped those trying to enter." When he left, the scribes and Pharisees began to act with hostility toward him and to interrogate him about many things, for they were plotting to catch him at something he might say.
In short, lawyers are sticklers. Lawyers use pedantic interpretations of the law to manipulate the world around them, helping themselves and hurting their opponents. And, sure, I'm only a law student, maybe I don't have any culpability--yet. But, I'm being trained in the art of exploiting language to my advantage, and that has dangerous implications. I looked up "legalist" in the OED, and the second definition is "a stickler for legality." "Legality," in turn, is defined as "attachment to or observance of law or rule." I think that is the danger against which Jesus is warning--attachment to the law as it is written, above justice, above mercy, above God. Indeed, the OED's first definition for "legalism" is the theological one: "applied reproachfully to the principles of those who are accused of adhering to the Law
as opposed to the Gospel" (emphasis added). The challenge of a lawyer, then, in the words of my my mother, is to "use your power for good, not evil." Amen.