Hemmingsen on Three Kinds of Justice

Niels Hemmingsen, artist unknown

By E.J. Hutchinson

Sixteenth-century Lutherans maintained a vibrant practice of writing โ€œpostils,โ€ model sermons on the Gospel texts of the Sundays and principal Feast Days of the church calendar. (The word โ€œpostilโ€ comes from the Latin post illa verba textus, โ€œafter the words of the text.โ€) One thinks of Martin Lutherโ€™s Church Postil and House Postil, for instance, as well as the collections of Philip Melanchthon and Martin Chemnitz. Niels Hemmingsen, tooโ€”the Danish Melanchthon, as it wereโ€”authored a set of postil homilies, published first in the early 1560s and frequently thereafter, which was soon translated into both English and German. His homily on the Gospel text for the recently-observed sixth Sunday after Trinity, has much to teach us about the theological meaning of the term โ€œjusticeโ€ or righteousness.

But first, a general word about Hemmingsenโ€™s homilies, which all follow a set structure.

At the outset, Hemmingsen gives a brief enarratio, or summary exposition, of the text. At the conclusion of his exposition, he lists the loci, or topics, treated in or relevant to, the text. He then proceeds to discuss each locus in detail, bringing to light the textโ€™s theological and moral themes in a lucid, orderly, and attractively accessible fashion.[1] Hemmingsenโ€™s sermons are works of deep insight and practical piety that never stray far from the fundamentals of Christian belief and practice.

The text for the sixth Sunday after Trinity is Matthew 5:20-26. This division of the text is slightly different from what is found in most modern Bibles, which put a paragraph break before v. 21, the point at which Christ explains the real meaning of the Decalogueโ€™s prohibition against murder. But without v. 20 as an introduction, Hemmingsenโ€™s treatment would make much less sense. For v. 20 gives the leading or controlling principle for grasping Christโ€™s claim that not only actual murder, but even unrighteous anger with oneโ€™s brother, violates the commandment against taking someoneโ€™s life. When Christ teaches that โ€œunless your justice exceeds that of the scribes and Pharisees, you are not able to enter the kingdom of heaven,โ€ he shows that mere external conformity to the Law is not enough for celestial citizenship.

Indeed, v. 20 in relation to vv. 21-26 is the impetus for Hemmingsenโ€™s twofold division of topics. The second is, unsurprisingly, an explanation of the fifth commandment (according to the Augustinian division; it is the sixth commandment in the standard Reformed division). But the firstโ€”my focus hereโ€”is the three kinds of justice one finds treated in Scripture: pharisaical justice (or โ€œthe justice of the Pharisees), legal justice (or โ€œjustice according to the lawโ€), and Christian justice (or โ€œthe justice of Christโ€). The Christian should have nothing to do with the first but should live by the latter two.

Pharisaical justice, as Hemmingsen defines it, โ€œconsists in external morals, without the fear of God and without faith in God, since it expects to gain heaven as a reward for its own works.โ€[2] Because it is merely external, it is calculated to be seen by men: it desires the appearance of good, regardless of the putrid rot it conceals on the inside of a person. It is for that reason, as Hemmingsen notes, that Christ says that the Pharisees are like โ€œwhitewashed tombs.โ€ Such โ€œgoodnessโ€ is no better than the goodness that an actor might portray on stage, and it has precisely the same moral value before God: none. As another Dane, the Prince of Denmark, puts it, โ€œ[T]hese indeed seem,/For they are actions that a man might play.โ€

Far different is legal justice, the second kind that Hemmingsen discusses. This is the justice required by the law of God, โ€œperfect, pure, and perpetual.โ€ It demands not only external obedience, but the obedience of the heart as well, the love of God and neighbor from which external obedience springs.

But can anyone be justified before God by such legal justice? Since the fall of Adam into sin, the answer is no, and so, like the Pharisees, we are still without hope or heaven.

That is not quite right. Hemmingsen notes that there was one, and one only, who has done it: Christ, โ€œwho by obedience to the law was justified before God.โ€ While our own obedience is impure and temporary, Christโ€™s was โ€œperfect, pure, and perpetual.โ€

This can help us to understand what โ€œChristian justiceโ€ is, as well as how it differs from and is related to legal justice. Christian justice, as Hemmingsen defines it, is โ€œthe obedience of Christ imputed to the one who believes.โ€ The one who is just โ€œevangelically,โ€ or โ€œaccording to the gospel,โ€ is the one whose sins are forgiven and to whom the justice of the Son has been imputed. Unlike justification according to legal justice, justification according to Christian justice does not require the works of the law; for it comes by faith. โ€œHence we conclude,โ€ Hemmingsen writes, โ€œthat Christian justification is the absolution of the person who believes in Christ from sin, the imputation of the justice of Christ, and the acceptance of the person to eternal life by grace on account of Christ.โ€

Christian justice, then, differs from both legal justice and pharisaical justice.

It differs from legal justice in four ways: legal justice โ€œcomes from works,โ€ whereas evangelical justice is granted โ€œapart from worksโ€; legal justice โ€œbelongs to the one who works,โ€ whereas evangelical justice โ€œbelongs to the one who believesโ€; legal justice โ€œis imputed not by grace,โ€ but rather โ€œcomes from the merit of oneโ€™s own obedience,โ€ whereas evangelical justice โ€œis imputed apart from the merit of oneโ€™s own obedienceโ€; and, finally, legal justice โ€œis formal, since it is formed from a manโ€™s just actions,โ€[3] whereas evangelical justice is โ€œimputative, since the just actions of Christ are imputed to the one who believes.โ€

As the two โ€œjusticesโ€ differ, so too do their corresponding justifications. When one โ€œis said to be justified legally,โ€ he goes from โ€œbeing unjust to being just on account of his own justice and fulfilling of the law.โ€ But when one โ€œis said to be justified evangelically,โ€ he goes from โ€œbeing guilty to being not guilty on account of the justice of Christ, which is apprehended by faith.โ€

Next, just as Christian justice differs from legal justice, so too does it differ from pharisaical justice, which it โ€œexceedsโ€ in four ways: cause, quality, effect, and end.

โ€œThe cause of Christian justice,โ€ says Hemmingsen, โ€œis God, the merit of Christ, and the faith that apprehends the kindness that God offers.โ€ But โ€œthe cause of phrasaical justice is human human hypocrisy, ignorance of Godโ€™s justice, and the external observance of human traditions.โ€

โ€œโ€˜The cause of Christian justice,โ€™ says Hemmingsen, โ€˜is God, the merit of Christ, and the faith that apprehends the kindness that God offers.โ€™โ€

What of quality? For Christian justice, it is โ€œobedience and the fulfilling of the law in Christ.โ€ For pharisaical justice, it is โ€œonly an external mask of pretended and dishonest sanctimony.โ€

And as their causes differ, so their effects differ. The effect of Christโ€™s justice is โ€œnewness of spirit,โ€ as well as things such as dependence on God, humility, the beginning of obedience toward God, and โ€œpleasure in the law of the Lord, after one knows that damnation has been taken away by the merit of Christ.โ€ But the effect of pharisaical justice is โ€œpride, boasting, superstition, and scorn of oneโ€™s neighbor.โ€

Finally, their ends: for Christian justice, peace with, access to, and glory to God as well as the obtaining of eternal life; for pharisaical justice, praise for oneself, robbery of God, boasting before men, and, finally, horrible punishment in the hereafter unless the pharisee is converted to the Lord.

It is obvious that pharisaical justice has no place in the Christian life. But what about legal justice? Hemmingsenโ€™s gloss on the โ€œeffectโ€ of Christian justice (that is, โ€œnewness of spiritโ€) helps us see that yes, in fact, legal justice still pertains to the justified Christian. 

This is most evident in a paragraph in Hemmingsenโ€™s discussion of the three uses of the law. We see these most frequently referred to as the โ€œfirst, second, and third uses of the law,โ€ but Hemmingsen has a different nomenclature, โ€œexternal, internal, and spiritual.โ€ These correspond to Pauline dualisms of the โ€œinnerโ€ and โ€œouterโ€ man and the โ€œoldโ€ and โ€œnewโ€ man.

The โ€œexternalโ€ use of the law has to do with the external or outward man, that is, man in his temporal, civic life, where itโ€”along with civil and human lawsโ€”helps us to live honorably.

The โ€œinternalโ€ use of the law relates to the old man, the Adam that dwells in us like the baby Xenomorph in Alien. In this sphere, the law shows us our sin and the wrath of God that it deserves.

The โ€œspiritualโ€ use of the law, on the other hand, relates to the new man, such that โ€œby faith we begin to manifest obedience to God in accordance with his law as much as we can in this state of corruption.โ€ And this obedience โ€œis pleasing to God on account of faith in Christ.โ€ That is, faith in Christ cleanses our obedience of its imperfections in Godโ€™s sight.

But, if we are honest, we know our weakness, our missteps, and the halting beginnings that we make in this life. Having recognized our inadequacies and iniquities, we are returned by Hemmingsen to the gospel at the conclusion of his section on the fifth commandment โ€œYou shall not murderโ€:

Since no one can satisfy what this commandment requires, let us repent, let us flee to Christ, and then let us try to obey God according to this commandment as much as we can by the help of Christ, to whom be glory forever and ever. Amen.


Eric Hutchinson is Associate Professor of Classics at Hillsdale College, where he also directs the Collegiate Scholars Program. His research focuses on the intersection of Christianity and classical civilization in late antiquity and early modernity. He is the editor and translator of Neils Hemmingsen, On the Law of Nature: A Demonstrative Method (CLP Academic, 2018).

[1] The locus or topical method, which has a long history as a rhetorical mode for the organization of knowledge, was used most famously in Melanchthonโ€™s Loci communes, a work of Christian doctrine that takes its basic structure of topics from Paulโ€™s letter to the Romans.

[2] All translations are my own.

[3] Compare Aristotleโ€™s account of virtue, which Hemmingsen elsewhere employs as a good and proper way of talking about the development of character in the sphere of everyday human action in the temporal and civic sphere–but not as a way of being counted just before God in conformity with divine perfection. For an instance of this, see below on the โ€œexternalโ€ use of the law.