Pertinent to contemporary demands for reparations from Turkey is the relationship between law and property in connection with the Armenian Genocide. This book examines the confiscation of Armenian properties during the genocide and subsequent attempts to retain seized Armenian wealth. Through the close analysis of laws and treaties, it reveals that decrees issued during the genocide constitute central pillars of the Turkish system of property rights, retaining their legal validity, and although Turkey has acceded through international agreements to return Armenian properties, it continues to refuse to do so. The book demonstrates that genocides do not depend on the abolition of the legal system and elimination of rights, but that, on the contrary, the perpetrators of genocide manipulate the legal system to facilitate their plans.
the spirit of the laws epub
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The subject of this treatise is, in the highest degree, important and interesting to both saints and to sinners. To know it experimentally is to be wise unto salvation, and to live habitually under the influence of it is to be at once holy and happy. To have spiritual and distinct views of it is the way to be kept from verging towards self-righteousness on the one hand and licentiousness on the other; it is to be enabled to assert the absolute freeness of sovereign grace, and, at the same time, the sacred interests of true holiness. Without an experimental knowledge of and an unfeigned faith in the law and the gospel, a man can neither venerate the authority of the one nor esteem the grace of the other.
The law and the gospel are the principal parts of divine revelation; or rather they are the centre, sum, and substance of all the other parts of it. Every passage of sacred Scripture is either law or gospel, or is capable of being referred either to the one or to the other. Even the histories of the Old and New Testaments, as far as the agency of man is introduced, are but narratives of facts done in conformity or in opposition to the moral law, and done in the belief or disbelief of the gospel. The ordinances of the ceremonial law, given to the ancient Israelites, were, for the most part, grafted on the second and fourth commandments of the moral law; and in their typical reference they were an obscure revelation of the gospel. The precepts of the judicial law are all reducible to commandments of the moral law, and especially to those of the second table. All threatenings, whether in the Old or New Testament, are threatenings either of the law or the gospel; and every promise is a promise either of the one or the other. Every prophecy of Scripture is a declaration of things obscure or future, connected either with the law or the gospel, or with both. And there is not in the Sacred Volume one admonition, reproof, or exhortation but what refers either to the law or the gospel or both. If then a man cannot distinguish aright between the law and the gospel, he cannot rightly understand so much as a single article of divine truth. If he does not have spiritual and just apprehensions of the holy law, he cannot have spiritual and transforming discoveries of the glorious gospel; and, on the other hand, if his view of the gospel is erroneous, his notions of the law cannot be right.
14 4. Also, that original sin is only a slight, insignificant spot on the outside, dashed upon the nature, or a blemish that has been blown upon it, beneath which [nevertheless] the nature has retained its good powers even in spiritual things.
15 5. Also, that original sin is only an external impediment to the good spiritual powers, and not a despoliation or want of the same, as when a magnet is smeared with garlic-juice, its natural power is not thereby removed, but only impeded; or that this stain can be easily wiped away like a spot from the face or pigment from the wall.
16 6. Also, that in man the human nature and essence are not entirely corrupt, but that man still has something good in him, even in spiritual things, namely, capacity, skill, aptness, or ability in spiritual things to begin, to work, or to help working for something [good].
2 1. Concerning this subject, our doctrine, faith, and confession is, that in spiritual things the understanding and reason of man are [altogether] blind, and by their own powers understand nothing, as it is written 1 Cor. 2:14: The natural man receiveth not the things of the Spirit of God, for they are foolishness to him; neither can he know them when he is examined concerning spiritual things.
3 2. Afterwards a schism arose also between some theologians with respect to the two words necessary and free, since the one side contended that the word necessary should not be employed concerning the new obedience, which, they say, does not flow from necessity and coercion, but from a voluntary spirit. The other side insisted on the word necessary, because, they say, this obedience is not at our option, but regenerate men are obliged to render this obedience.
10 5. Nevertheless, by the words mentioned, necessitas, necessarium, necessity and necessary, if they be employed concerning the regenerate, not coercion, but only due obedience is to be understood, which the truly believing, so far as they are regenerate, render not from coercion or the driving of the Law, but from a voluntary spirit; because they are no more under the Law, but under grace, Rom. 6:14; 7:6; 8:14.
11 6. Accordingly, we also believe, teach, and confess that when it is said: The regenerate do good works from a free spirit, this is not to be understood as though it is at the option of the regenerate man to do or to forbear doing good when he wishes, and that he can nevertheless retain faith if he intentionally perseveres in sins.
12 7. Yet this is not to be understood otherwise than as the Lord Christ and His apostles themselves declare, namely, regarding the liberated spirit, that it does not do this from fear of punishment, like a servant, but from love of righteousness, like children, Rom. 8:15.
13 8. Although this voluntariness [liberty of spirit] in the elect children of God is not perfect, but burdened with great weakness, as St. Paul complains concerning himself, Rom. 7:14-25; Gal. 5:17;
8 7. As to the revelation of sin, because the veil of Moses hangs before the eyes of all men as long as they hear the bare preaching of the Law, and nothing concerning Christ, and therefore do not learn from the Law to perceive their sins aright, but either become presumptuous hypocrites [who swell with the opinion of their own righteousness] as the Pharisees, or despair like Judas, Christ takes the Law into His hands, and explains it spiritually, Matt. 5:21ff ; Rom. 7:14. And thus the wrath of God is revealed from heaven against all sinners [ Rom. 1:18 ], how great it is; by this means they are directed [sent back] to the Law, and then first learn from it to know aright their sins-a knowledge which Moses never could have forced out of them.
7 6. Thus the Law is and remains both to the penitent and impenitent, both to regenerate and unregenerate men, one [and the same] Law, namely, the immutable will of God; and the difference, so far as concerns obedience, is alone in man, inasmuch as one who is not yet regenerate does for the Law out of constraint and unwillingly what it requires of him (as also the regenerate do according to the flesh); but the believer, so far as he is regenerate, does without constraint and with a willing spirit that which no threatenings [however severe] of the Law could ever extort from him.
3 For the explanation of this controversy it is to be noted in the beginning that there are two kinds of Sacramentarians. Some are gross Sacramentarians, who declare in plain (deutschen), clear words as they believe in their hearts, that in the Holy Supper nothing but bread and wine is present, and distributed and received with the mouth. 4 Others, however, are subtle Sacramentarians, and the most injurious of all, who partly speak very speciously in our own words, and pretend that they also believe a true presence of the true, essential, living body and blood of Christ in the Holy Supper, however, that 5 this occurs spiritually through faith. Nevertheless they retain under these specious words precisely the former gross opinion, namely, that in the Holy Supper nothing is present and received with the mouth except bread and wine. For with them the word spiritually means nothing else than the Spirit of Christ or the power of the absent body of Christ and His merit, which is present; but the body of Christ is in no mode or way present, except only above in the highest heaven, to which we should elevate ourselves into heaven by the thoughts of our faith, and there, not at all, however, in the bread and wine of the Holy Supper, should seek this body and blood [of Christ].
15 6. We believe, teach, and confess that the body and blood of Christ are received with the bread and wine, not only spiritually by faith, but also orally; yet not in a Capernaitic, but in a supernatural, heavenly mode, because of the sacramental union; as the words of Christ clearly show, when Christ gives direction to take, eat, and drink, as was also done by the apostles; for it is written Mark 14:23: And they all drank of it. St. Paul likewise says, 1 Cor. 10:16: The bread which we break, is it not the communion of the body of Christ? that is: He who eats this bread eats the body of Christ, which also the chief ancient teachers of the Church, Chrysostom, Cyprian, Leo I, Gregory, Ambrose, Augustine, unanimously testify.
26 5. That in the Holy Supper the body of Christ is not received orally with the bread; but that with the mouth only bread and wine are received, the body of Christ, however, only spiritually by faith. 2ff7e9595c