The first level of dissection is the "Fact" level. At this level, you addressed the facts of the case, the specific set of circumstances with which the court was dealing. Here we have a very young child, and a very busy street that the child is contemplating crossing. These facts are extremely important because the let us know exactly what is happening here and help us understand why the mother said what she did. However, in order for this situation to be useful to other situations, we need to go to the next level, the "Rule" level. While it may be useful for this mother to say that "no two year old daughter standing at Main Street is allowed to cross the street without me," that isn't very helpful in situations that vary from this one. What about First Street? What about a three year old? What about a calm street? So a rule is developed that has a broader application, perhaps: "No young child may cross the street without a parent." This rule can be applied to the other circumstances and is useful beyond these specific facts. However, even the rule itself isn't perfect. Consider a situation where this same child, two years on, is standing on a playground near a street crossing. Suddenly a dog breaks from it's owner and aggressively makes it's way toward the child. Having only a few moments to react, the child sees a policeman just across the street, notices that no cars are coming, and runs across the street to the safety of the policeman who fends off the hostile dog. Did she break the rule? Yes. Did she do the right thing? It depends (Wendel's favorite answer). Under the facts and rules level of review, we would have to say, "no, she didn't." But there is something inside of us that says this was the proper action to take. That something is the Holy Grail of legal thought, that something is "Public Policy." At this level, we have to look beyond facts and rules to what some might call "Truth." We have to look at those principles that we as a society value. They are hard to put into a rule that covers every set of facts and every set of circumstances. In a Venn Diagram, Public Policy is the largest circle, within which Rules then follow, and Facts are at the innermost level. In our scenario, the Public Policy that would support the action of the child would be "Personal Safety." Personal Safety supports her not crossing a busy street without her parent. Personal Safety also supports her fleeing across a street to avoid a rabid dog without her parent's assistance.
So, what does this all have to do with approaching scripture? Focusing on facts helps us understand the specific situation in the story. It does little to help us live today. Looking at a rule that the author may state is more helpful, but requires that we understand the facts, the circumstances, the culture, etc. Trying to understand the principle, the broader policy at work, this is where we are able to find something of greater applicability to our lives today. When we back out to the Public Policy level, we see the greater principle at work. Christ says it well in Matthew 22:36-40. Christ explains the greatest commandments (Love God, Love Others) and finishes by saying that "all the law and prophets hang on these." These are the Public Policies that Christ wants us to remember. They don't give us the specific rule or todo list when we encounter a certain set of facts, they provide a general principle by which we can live our entire lives. The next time you're reading scripture and looking for a better understanding, ask yourself what level you're considering. Now you're thinking like a lawyer!
One caveat- The problem with Public Policy size principles. They don't allow us to quickly cast judgment on the actions of others. Hmmm... I wonder why that would be?
Good thoughts
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