The practice of law and faith

Sunday, February 22, 2004

Mennonites and Brethren in Christ have historically upheld a peace position internationally that does not encourage the use of coercion or force to resolve disputes, seeking instead to find collaborative solutions that disputants voluntarily accept. While law is rightly viewed as an “operating system” that allows a diverse society to live together with minimal violence, law can often be viewed as an instrument of coercion and the use of the legal system a way of using power to “bend” someone else to your will. Thus while in principle we shy away from the use of coercion, power, force, and violence to resolve conflicts, in practice we often utilize a system that relies on these same characteristics to accomplish its end. This contradiction can result in particularly acute dilemmas when dealing with international conflicts for how do we respond if a military action is “lawful?”

To better understand the role of law in creating, consolidating, and coercing a peaceful society, the Institute of Peace and Conflict studies at Conrad Grebel University College and the Mennonite Central Committee (MCC) Ontario Peacebuilders program are proposing a series of informal meetings of persons associated with Mennonite or Brethren in Christ churches to flesh out this issue of the ambiguity of how Anabaptists view law. A group of police officers have already met and Tom Yoder Neufeld said it was

a unique opportunity to listen to police officers wrestle with how their faith relates to their work.

This seminar was so enlightening for participants that they have arranged to meet again, as part of a casual sharing group. This spring, lawyers and judges will meet for discussion.

The purpose of these informal conversations is to listen to these groups and learn how they have integrated their view of law with their profession and their faith. The lessons learned from these conversations, or the dialogue that is begun, will then be continued together with others who want to examine the theological implications of these views of law and the role of enforcement in our communities, in our nation, and in the world. Rick Cober Bauman at MCC sees

the point of the COPS and Lawyers seminars being to challenge our Anabaptist theology to be more honest.

All judges and lawyers, or law school graduates (whether practicing or not) who are members of or affiliated with Anabaptist Christian faith communities are invited to participate in a discussion on integrating faith in one’s profession, with an emphasis on peace issues. The conversation will centre around the difficult question of upholding and enforcing law in one's work, while practicing a Christian faith that professes a pacifist and non-violent ethic.

The planning group believes the seminars will give an honest look at how Anabaptism lives with law, and help identify where this presents serious contradictions.

Mennonite lawyer, Ted Dueck, said

any believer who works in the legal system must wrestle with the potential coercive power of the law and the purposes for or degree to which they are prepared to exercise that power. Mennonites, as a group, have held conflicting and ambiguous views about our legal system over the years.

[As persons trained to work within that system, it can be easy for Mennonite lawyers] to simply assume its values and either rationalize areas of dissonance or fail to think critically about how we do our work. [Dueck hopes this symposium will be] an opportunity to share thoughts and experiences, recognize each other's struggles and possibly assist Mennonite theologians in developing a more nuanced view of the stance Mennonite believers should take towards the law.

Join other law colleagues on April 17, 2004, in the Conrad Grebel Great Hall for a day of dialogue, good food, and fine fellowship.

Some questions that will be addressed are:

1. In what ways have you experienced feelings of discomfort with the intersection between your faith and your work as a lawyer? How do you deal with this?
2. What is your perception of how your faith community views the legal system and the legal profession?
3. What is the role of law in society at large, and how do you view your place within the legal system?
4. What is the role of law in the life of the church?
5. The practice of law operates under the shadow of the coercive power of the state, and much of what lawyers do is shaped by that coercive potential. How does that reality fit with the Anabaptist view that we are called to live as peace makers?
6. What difference does being a Christian make to the way you practice law, and what difference does being a lawyer make in your life as a Christian?

This is a free event. If you are interested in attending, or have any questions, please contact:

Lowell Ewert,
Conrad Grebel University College
140 Westmount Rd. N
Waterloo, Ontario N2L 3G6