A Courtroom or a Hospital: Western and Eastern Christian Teachings about the Cross

 

“Therefore, though men were triply separated from God—by nature, by sin, and by death… The first barrier He removed by partaking of humanity, the second by being put to death on the cross. As for the third barrier, the tyranny of death, He eliminated it completely from our nature by rising again. For this reason Paul says, "the last enemy to be destroyed is death."[1]

 

—St. Nicholas Cabasilas, The Life in Christ

 

By Jason Caros | August 29, 2026

 

Introduction

True theology is expressed by the truly praying man. It is the result of theoria.[2] In the early Church, the saints understood that theology is not primarily the result of academic or intellectual study, but the direct and unmediated experience of the Divine. However, theology does not develop in a linguistic vacuum; doctrinal language and expression, including the analogies and metaphors used to communicate it, are often shaped to some degree by the historical and cultural environments of their thinkers. In the late eleventh century, Anselm of Canterbury shifted Western soteriology by framing the Lord Jesus Christ’s death as a necessary legal payment to restore an offended God’s honor. Church historians argue that this framework, which laid the groundwork for modern Western models of atonement, was heavily influenced by wergild, the medieval Germanic legal custom of paying a financial "man-price" to avoid tribal blood feuds. However, this transactional view stands in obvious contrast to the ancient inheritance of the undivided Church of both East and West. Drawing from Patristic figures like St. Irenaios of Lyon, St. Athanasios, and the Cappadocian Fathers, the Eastern Church does not accept this forensic legalism to this day, choosing instead to preserve the mystery of the Cross through the organic, biblical imagery of cosmic recapitulation, viewing the Cross not as a courtroom for debt repayment, but as a battlefield and a hospital where a victorious Physician heals human nature from the corruption of death.


 

Influence on Anselm’s Legal Model

In early medieval Germanic and Anglo-Saxon legal traditions, wergild (literally translating to "man-price" or "blood money") was a legal mechanism that placed a specific monetary value on a person’s life. If a person was killed, injured, or disabled, the wrongdoer and their family were required to pay this fixed financial compensation to the victim's family or lord. A murder typically triggered a cycle of violent tribal revenge. The primary goal of the wergild system was to prevent blood feuds—it offered a peaceful alternative to endless cycles of revenge killing and violent blood feuds between clans or tribes. Wergild provided an alternative by allowing the offender's kin to pay retribution, offsetting the conflict and restoring peace within the community. 

 

Wergild was calculated according to a strict legal framework based on social hierarchy and demographics that included social class, sex, and severity of harm. Within this hierarchy, a nobleman’s life carried a much higher value than that of a commoner (ceorl) or slave. For example, early Anglo-Saxon codes valued a nobleman at three times the price of a freeman. Legal protections also accounted for sex, as in Germanic codes, such as those found in early Frisian and Anglo-Saxon contexts, a free woman's wergild was equal to that of a freeman. When it came to severity of harm, separate legal tariffs (known as composition) mapped out precise compensation for losing body parts such as an eye, teeth, or limbs. 

 

The financial responsibility did not fall solely on the individual. Entire clans and families were expected to help pool the wealth (often paid in cattle, silver, or land) if the offender could not afford it. Over time, a portion of the payment was also directed to the king or local lord for breaking the peace. What started as informal customary payment became heavily regulated under written Germanic and Anglo-Saxon law codes.[3]

 

With this background in mind, many scholars view Anselm of Canterbury’s late eleventh-century treatise, Cur Deus Homo (Why God Became Man), as a product of his medieval milieu rather than a framework drawn exclusively from Scripture and the first-millennium Church Fathers. They argue that his satisfaction model of atonement was deeply shaped by the prevailing feudal legal and honor-shame cultures of his era, essentially absorbing the common Germanic principles of wergild and giving them a thin patina of Christian terminology. To understand the claim, you can see how the Germanic legal custom corresponds to Anselm's theology: