Several posts on the topic of the third of the law and Scaer and Marquart had no comments, but I will list the subject of the posts here:
First, in relationship to the Third Use of the Law, the two men work from different definitions of sanctification. This is important as one sees sanctification as who and whose you are; the other views sanctification by what you do. This difference effects how they approach the purpose of preaching and who applies the law in its third use. Marquart views the preacher as wielding the Law in its Third Use. Scaer has the preacher preaching the Law and the Spirit wields it according to its three uses.
Second, how each man reacts to the comments of an emeritus pastor effects how they approach the Third Use of the Law. Without the full details, we do not know if the emeritus pastor's evaluation is full and correct. We do not know if this emeritus pastor has correct or incorrect understanding of Law and Gospel, of Sanctification, of Third Use. We are unable to judge for ourselves whether his complaint is justified or not, because we do not have access the preacher(s) he appears to be critiquing.
Third, each man uses a different definition for good works. This is extremely important. Marquart reacts against the view that good works flow as from an automaton (without thought or effort). Scaer sees good works which are like fruit which a tree produces. Scaer does not promote an automaton view of good works, but simply as a fruit tree from its nature produces fruit, so also the Christian through the working of the Spirit brings forth good work according to his new nature in Christ. Marquart would appear to say that the fruit analogy is not effective because there was no thought put into it.
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