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p462 * * * As to Romans 5:17, it is not the same as Romans 8:4. There it is the fact that, in walking in the Spirit, the sum of the requirement of the law (and so only) would be fulfilled, the δικαίωμα. Much more, perhaps; but as the flesh was not subject to it, that δικαίωμα could not be accomplished when in the flesh. But, living in the Spirit, the Spirit of Christ living in us, the body dead, the sum of the law's requirements, so walking was fulfilled. Against the fruits of righteousness there was no law. The Christian has a higher rule - to be an imitator of God, as manifested in man in Christ (Eph. 5:1-2); but as people were looking for legal righteousness, what is in verses 2, 3, was the way of getting it.
Chapter 5:17 is δικαιοσύνη, the abstract thing righteousness given to us, and though taken abstractedly, that thing in its nature and quality; yet as being free gift (δωρεά), and that of God, according to grace, goes much farther than the requirement or δικαίωμα of the law, which, if fulfilled, was no more than man's righteousness.
Verse 16 is δικαίωμα. But it is not τὸ δικαίωμα τοῦ νόμου: that was measured by the requirement of the law. Here it is of many offences to a sum of recognised righteousness: it is a χάρισμα - a gracious gift of a sum of adequate righteousness judicially estimated and satisfactory. Keeping the law makes that out as a requirement from man: it would be his righteousness as rightly measured by it. But here it is χάρισμα; κρίμα came upon men to κατάκρίμα: it is now a χάρισμα dealing with many offences, and so giving us, according to God, an adequate judicial righteousness, but now, according to God's free gift, not man's responsibility; the δικαίωμα of the law and God's δικαίωμα are different. We have hardly words in English to make these differences, but δικαίωμα is the sum of requirement, δικαιοσύνη the thing righteousness; so: 1 Corinthians 1:30. Hence, in Romans 4:23, it is δικαιοσύνη; δικαιοσύνη is ἐλογίσθη. These words in -οσύνη are the quality. Then the persons of the perfect passive, as a rule, give the thing done, the doing, and the doer: κρίμα, κρίσις, κρίτης; δικαίωμα, δικαίωσις. We have not δικαίωτης; it is not an office like κριτής but δικαιῶν (Rom. 3:26; 4:5).
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