James 4:12 states that “there is one lawgiver and judge” (εἷς ἐστιν ὁ νομοθέτης καὶ κριτής). Most of the secondary literature observes that the use of εἷς is likely an allusion to the Shema (Deut 6:4; cf. Jas 2:19). The “one lawgiver and judge” of James 4:12 is therefore widely considered to refer to the divine source and enforcer of the Torah: God. This inference appears obvious at first glance. However, the text does not explicitly name the lawgiver and judge, and I would suggest that various lexical and thematic threads should lead us in a different and more nuanced direction.
In this paper, I will argue that James’s “one lawgiver and judge” should be identified as Jesus. Not only do a number of contextual features suggest this to be the most plausible reading of the passage, but an overlooked inner-biblical allusion does as well.
As many commentators point out, the noun νομοθέτης is a hapax legomenon, occurring nowhere else in the NT. And while the God of Israel is often described in Old Greek traditions with the cognate verb νομοθετέω (e.g., Exod 24:12; Ps 24:8, 12 LXX; 26:11 LXX; 83:7 LXX; 2 Macc 3:15), the only instance of the noun νομοθέτης occurs in Psalm 9:21 LXX. This lexical connection to Psalm 9:21 LXX is occasionally mentioned in the secondary literature, but it is never explored in any depth, leading to wildly inaccurate assumptions about its content and an incomplete assessment of its significance.
First, I will show that the use of νομοθέτης in Psalm 9:21 LXX does not refer to God––pace Peter Davids, Scot McKnight, and numerous other commentators––but to an individual appointed to this office by God. Second, I will suggest that the appointment of this lawgiver in Psalm 9 LXX resonates lexically and thematically with the investiture of the messianic king of Psalm 2 LXX. Third, I will contend that the collocation of “lawgiver and judge” in James 4:12 consciously alludes to Psalm 9:20–21 LXX. I will conclude by discussing the theological implications of identifying Jesus as the “one lawgiver and judge” for James’s Christology.