Thursday, August 30, 2018

Cold Case Christianity: Using the law to destroy J. Warner Wallace's case for Mark's reliability

This is my reply to an article by J. Warner Wallace entitled




The authorship of Mark’s Gospel is of great importance to those of us making a case for the reliability of the New Testament. Mark isn’t mentioned as an eyewitness in any of the Gospel accounts. How did Mark get his information about Jesus?
Well Mr. Wallace:  Mark's not being an eyewitness would make his own gospel "hearsay" in any court of law.  Since you are so big on the use-American-court-rules-of-evidence-on-the-gospels gimmick, you might begin by explaining how you figure the jury could ever be allowed to see Mark's gospel:

First, the gospels are 2,000 years old, thus requiring analysis of the "ancient documents" rule, Federal Rule of Evidence 803 (16): (of course, the rule was never meant to apply to documents that are 2,000 years old, but Wallace is stuck with that stupid application of the law since he wants to evaluate the gospels using modern American jurisprudence):
  (16) Statements in Ancient Documents. A statement in a document that was prepared before January 1, 1998, and whose authenticity is established.
 Second, the evidence rules tell us how "authenticity" is to be established, Federal Rule of Evidence 901(b)(8):
(8) Evidence About Ancient Documents or Data Compilations. For a document or data compilation, evidence that it:
(A) is in a condition that creates no suspicion about its authenticity;
(B) was in a place where, if authentic, it would likely be; and
(C) is at least 20 years old when offered.
Third, Mark doesn't pass the "condition that creates no suspicion about its authenticity" criteria.  
 The requirement that the document be free of suspicion relates not to the content of the document, but rather to whether the document is what it purports to be, and the issue falls within the trial court's discretion. United States v. Firishchak, 468 F.3d 1015, 1021 (7th Cir. 2006); United States v. Kairys, 782 F.2d 1374, 1379 (7th Cir.1986); United States v. Kalymon, 541 F.3d 624, 632-33 (6th Cir. 2008). "[T]he mere recitation of the contents of documents does not authenticate them or provide for their admissibility." Firishchak, 468 F.3d at 1021.


From Eusebius, Church History, book 6, ch. 14:
Again, in the same books, Clement gives the tradition of the earliest presbyters, as to the order of the Gospels, in the following manner: The Gospels containing the genealogies, he says, were written first. The  Gospel according to Marks had this occasion. As Peter had preached the Word publicly at Rome, and declared the Gospel by the Spirit, many who were present requested that Mark, who had followed him for a long time and remembered his sayings, should write them out. And having composed the Gospel he gave it to those who had requested it. When  Peter learned of this, he neither directly forbade nor encouraged it. But, last of all, John, perceiving that the external facts had been made plain in the Gospel, being urged by his friends, and inspired by the Spirit, composed a spiritual Gospel. This is the account of Clement.
If the person who is the purported source behind Mark refused to encourage the writing, then it doesn't matter why; from historian's perspective the notion that Peter thought Mark got some of the Petrine preaching wrong must remain forever among the possibilities.  The bar Mark must meet is not "reasonable", but "no suspicion".  Unless fundamentalists suddenly discover that Eusebius isn't as reliable as they wished (a position that itself opens doors to justified gospel authorship skepticism that they wish to remain closed), then Clement's remark here passes the historical criteria of embarrassment, and thus has greater claim to reliable history than any laudatory statement about Mark. 

Fourth, Mark fails the "was in a place where, if authentic, it would likely be" criteria, since provenance of the manuscripts earliest Mark comes from (Vaticanus, Siniaticus) are virtually unknown, and Mark's alleged traveling all over from Rome to Egypt would require the ridiculous result that this criteria is satisfied as long as a copy of Mark was found somewhere within a 3,000 mile radius! 

Furthermore, the tradition is that Mark gave the original to the church in Rome (a city having nothing to do with Siniaticus or Vaticanus).  Siniaticus was found in Saint Catherine's Monastery which is in Egypt, 1,500 miles away from Rome.  Vaticanus obviously comes from the Vatican library, but that only means that's where is was discovered.  But the provenance and early history of the codex is uncertain, see Aland, Kurt; Barbara Aland (1995). The Text of the New Testament: An Introduction to the Critical Editions and to the Theory and Practice of Modern Textual Criticism, trans. Erroll F. Rhodes. Grand Rapids, Michigan: William B. Eerdmans Publishing Company. p. 109 (from wikipedia).  See also same here.


Fifth, even if Mark passed the ancient documents rule, the fact that it is allegedly Mark quoting Peter means it is still classic hearsay, and if no exception allowing it can be found, it remains inadmissible hearsay. Contrary to popular belief, demonstrating the authenticity of the document doesn't end the analysis, the document must still conform with the rules allowing hearsay, or the document must remain inadmissible:
Even if a document qualifies as ancient under Rule 803(16), other hearsay exceptions must be used to render each individual layer of hearsay admissible. This interpretation best reconciles the underlying justifications of Rule 803(16) with the limitations of Rule 805."). See also New England Mut. Life Ins. Co. v. Anderson, 888 F.2d 646, 650 (10th Cir. 1989) (upholding exclusion of statements reported in newspaper article as inadmissible hearsay). As previously stated, the newspaper articles fall within the exception for ancient documents. However, as to the statements of other declarants (apart from the author), Ms. Murphy has not shown that any other hearsay exception applies. Accordingly, the Motion in Limine is granted, in part, with regard to portions of the newspaper articles attributable to declarants other than the author.

Worse, Christian scholars generally agree that Mark's gospel content includes more than merely "what Peter preached", which therefore screws up any hope Wallace had to pretend that only Peter is being represented in Mark's gospel. From my prior article:
Without doubt a close examination of Mark’s material will show that the evangelist did not simply write his Gospel based on his notes or memory of Peter’s teachings. The amazing similarity in language, style, and form of the Synoptic tradition between the Markan and non-Markan materials of Matthew and Luke (cf. John’s Gospel) hardly suggests that Mark’s materials were shaped by one man, be he either Peter or Mark.
Guelich, R. A. (2002). Vol. 34A: Word Biblical Commentary : Mark 1-8:26
Word Biblical Commentary (Page xxvii). Dallas: Word, Incorporated.
Even if Mark passed the ancient documents rule and all hearsay objections, what exactly in it that goes back to Mark, to Peter, to somebody's idea of a combination of both, or to otherwise unknown sources, is impossible to determine. 

And while I espouse Markan priority, the Christians who think Mark copied from Matthew (Matthean priority) make it even more difficult to pinpoint what in Mark's gospel is from Mark, from Peter, from Matthew, or from other sources.

It is not for nothing that I call Wallace's use of modern rules of evidence on the gospels, a "sales gimmick".   That's truly all that it is.  He is capitalizing on Christians who don't know jack shit about historiography or legal rules of evidence, and upon Christians who are utterly addicted to their computer.

Wallace continues:
Why should we consider his information to be reliable? There are several good reasons to believe Peter is the trustworthy source of information for Mark, beginning with the historical attributions of the early Church Fathers who affirm the relationship Mark and Peter had in the 1st Century.
Trustworthy?  Peter denied Christ several times after having allegedly seen him do real miracles to amazed crowds for three years, then he became a Judaizer (Galatians 2:12-14, "...how is is that you compel the Gentiles to live as the Jews?")
Beyond this, however, there are additional evidences within Mark’s text supporting the claim Peter (Mark’s mentor in Rome) is the source for Mark’s information.
Doesn't matter, if the argument were that easy, you wouldn't find legitimate Christian scholars like Guelich, supra, scoffing at the notion that Peter is Mark's only source.
I’ve described the evidential case in much more detail in Cold-Case Christianity, but this brief summary may be helpful:
The Writing Style Is Consistent With Mark’s Background
The traditional view recognizes Mark as a Palestinian Jew who wrote his Gospel using Peter as his source. Most scholars believe the Gospel of Mark demonstrates a writing style and literary syntax exposing the author’s first language as something other than Greek. In fact, the writing style seems to indicate the author’s first language was probably a Semitic language such as Aramaic. This would be consistent with the idea Mark, a Palestinian Jew (who most likely spoke Aramaic) was the author of the Gospel. In addition to this, the Gospel of Mark includes a number of vivid and tangential details unnecessary to the narrative, but consistent with observations of an eyewitness to the events. This would indicate the author had access to an eyewitness such as Peter.
But there is also evidence against Peter's being a source is Mark's resurrection appearance narrative. 

First, Acts 1:1-3 has a risen Christ appearing to the apostles IN JERUSALEM over a period of 40 days, teaching things concerning the kingdom of God:
NAU  Acts 1:1 The first account I composed, Theophilus, about all that Jesus began to do and teach,
 2 until the day when He was taken up to heaven, after He had by the Holy Spirit given orders to the apostles whom He had chosen.
 3 To these He also presented Himself alive after His suffering, by many convincing proofs, appearing to them over a period of forty days and speaking of the things concerning the kingdom of God.   (Acts 1:1-3 NAU)
 Second, nothing in Mark's resurrection appearance narrative expresses or implies any such thing as 40 days of resurrection appearances in Jerusalem:

 9 Now after He had risen early on the first day of the week, He first appeared to Mary Magdalene, from whom He had cast out seven demons.
 10 She went and reported to those who had been with Him, while they were mourning and weeping.
 11 When they heard that He was alive and had been seen by her, they refused to believe it.
 12 After that, He appeared in a different form to two of them while they were walking along on their way to the country.
 13 They went away and reported it to the others, but they did not believe them either.
 14 Afterward He appeared to the eleven themselves as they were reclining at the table; and He reproached them for their unbelief and hardness of heart, because they had not believed those who had seen Him after He had risen.
 15 And He said to them, "Go into all the world and preach the gospel to all creation.
 16 "He who has believed and has been baptized shall be saved; but he who has disbelieved shall be condemned.
 17 "These signs will accompany those who have believed: in My name they will cast out demons, they will speak with new tongues;
 18 they will pick up serpents, and if they drink any deadly poison, it will not hurt them; they will lay hands on the sick, and they will recover."
 19 So then, when the Lord Jesus had spoken to them, He was received up into heaven and sat down at the right hand of God.
 20 And they went out and preached everywhere, while the Lord worked with them, and confirmed the word by the signs that followed . [And they promptly reported all these instructions to Peter and his companions. And after that, Jesus Himself sent out through them from east to west the sacred and imperishable proclamation of eternal salvation. (Mk. 16:9-20 NAU)
Had Peter experienced the 40-day Jerusalem appearances of Christ, we'd expect both that he'd relay the details to Mark, and that Mark would find the risen Christ's teachings on the kingdom of heaven equally as important, if not more so, than the same teachings Christ gave before the crucifixion.
"Impeachment by omission" is a recognized means of challenging a witness's credibility. "A statement from which there has been omitted a material assertion that would normally have been made and which is presently testified to may be considered a prior inconsistent statement." State v. Provet, 133 N.J.Super. 432, 437, 337 A.2d 374 (App.Div.), certif. denied, 68 N.J. 174, 343 A.2d 462 (1975); see also Silva, supra, 131 N.J. at 444-45, 621 A.2d 17; State v. Marks, 201 N.J.Super. 514, 531-32, 493 A.2d 596 (App. Div.1985), certif. denied, 102 N.J. 393, 508 A.2d 253 (1986). This principle is widely accepted. Jenkins v. Anderson, 447 U.S. 231, 239, 100 S.Ct. 2124, 2129, 65 L.Ed.2d 86, 95 (1980) ("Common law traditionally has allowed witnesses to be impeached by their previous failure to state a fact in circumstances in which that fact naturally would have been asserted."); Kenneth S. Broun, McCormick on Evidence § 34 (7th 784*784 ed. 2013) ("[I]f the prior statement omits a material fact presently testified to and it would have been natural to mention that fact in the prior statement, the statement is sufficiently inconsistent."); 3A Wigmore on Evidence § 1042 (Chadbourn rev. 1970) ("A failure to assert a fact, when it would have been natural to assert it, amounts in effect to an assertion of the non-existence of the fact.")

Wallace continues:
The Outline of the Gospel Is Consistent With Peter’s Outline
Papias maintained the Gospel of Mark was simply a collection of Peter’s discourses (or his preaching) as this information was received and recalled by Mark. If we examine the typical preaching style of Peter in the Book of Acts (1:21-22 and Acts 10:37-41 for example) we see Peter always limited his preaching to the public life, death, resurrection and ascension of Jesus. Mark’s Gospel omits the private birth narrative and other details of Jesus’ life described in the opening chapters of Luke and Matthew. Mark begins with the preaching of John the Baptist and ends with the resurrection and ascension, paralleling the public preaching of Peter as we see it summarized in the Book of Acts.
Unfortunately, none of the apostles in Acts merely quote Jesus verbatim and recall his specific miracles, strongly suggesting that Peter's preaching in Rome was akin to his preaching in Jerusalem.  He might make general references to to what Jesus said and did, but nothing nearly so verbatim as what we find in Mark's gospel.  You cannot argue that Peter didn't need to be specific about the details with the Jews that he witnessed to in Acts, who knew all about Jesus' public ministry, because Paul's preaching the Gentiles is also recorded in Acts, yet is equally bereft of verbatim quotes of Jesus (Acts 20:35 being merely an exception that proves the rule), consistent with the way he argues his actual points; Paul infamously hardly ever bases his teachings on things Jesus actually said or did, aside from dying for sin and rising from the dead (1st Cor 11:23-25 and 1st Timothy 5:18 are mere exceptions proving the rule).  Mark is at best an embellishment of the more generalized message the apostles originally preached.
The Omissions of the Gospel Are Consistent With Peter’s Influence
There are many details in the Gospel of Mark consistent with Peter’s special input and influence, including omissions related to events involving Peter. How can Mark be a memoir of Peter if, in fact, the book contains so many omissions of events involving Peter specifically? It’s important to evaluate the entire catalogue of omissions pertaining to Peter to understand the answer here. The vast majority of these omissions involve incidents in which Peter did or said something rash or embarrassing. It’s not surprising these details were omitted by the author who wanted to protect Peter’s standing in the Christian community. Mark was quite discreet in his retelling of the narrative (other Gospel writers who were present at the time do, however, provide details of Peters ‘indiscretions’ in their own accounts). Here are some examples of Petrine Omissions grounded in an effort to minimize embarrassment to Peter (see Cold-Case Christianity for a more detailed explanation of the events summarized here):
 Thank you for honestly admitting that the gospel authors sometimes attempted to spin an apostle to be more trustworthy than he was, by selectively omitting the more embarrassing episodes.  Whoever wrote Mark's gospel had more faith in the public's negative reaction, than in the power of the Holy Spirit to move through historical truth.

Since more than enough has been done here to destroy Wallace's bullshit legal case for Mark's authenticity, there is no need to reply to the rest of his article.

Snip...
There is sufficient cumulative, circumstantial evidence to conclude Mark did, in fact, form his Gospel from the teaching and preaching of the Apostle Peter. If this is the case, Mark’s Gospel was written within the lifetime of Mark (and likely within the lifetime of Peter). If the Gospel of Mark was written this early, it would have undergone the scrutiny of those who were actually present and could have exposed Mark as a liar:

2 Peter 1:16
We did not follow cleverly invented stories when we told you about the power and coming of our Lord Jesus Christ, but we were eyewitnesses of his majesty
 We have no idea under what circumstances Mark wrote, so cocky confidence about how Mark would have been subject to criticism and passed with flying colors is overstatement, something Christians apparently need to stay faithful, since the Holy Spirit wouldn't need to overstate the case like that to properly do his job of keeping Christians confident in the gospel.

Regardless, the quotation from Eusebius that Peter knew about, but refused to encourage, Mark's literary effort, is reasonably interpreted as Peter's belief that Mark was not reliable, which destroys Wallace's last point.

No, I do not wake up in the middle of the night in frightened shivers, wondering "what if atheism is wrong and hell is real!?"

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