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Robert G. Miller

Robert G. Miller earned a Master of Science from Steven F. Austin State University and a Juris Doctor from the University of Houston. He practiced law in Texas and the federal courts for thirty-two years.

Published on the Secular Web


Modern Library

A Lawyer Evaluates Philosophical Arguments for Miracles

Evidentialists typically argue that there is something unfair about "presuppositions" against miracles and that we should investigate the alleged evidence for their occurrence. But in this paper Robert G. Miller points out that legal rules do not exclude evidence only after a complete investigation proves that such evidence could never be factual. Rather, evidentiary rules exclude entire categories of evidence that the law considers to be too unreliable to support a verdict. Furthermore, religious historians' two requirements for historical evidence of a miracle—the absence of a plausible natural explanation for an event and the occurrence of that event in a historical "context charged with religious significance"—amount to an argument from ignorance combined with an appeal to a historical context that is irrelevant to how truth-conducive a claim may be. Little wonder that supposed evidence of miracles has not been admissible in court since the Salem witch trials.

A Lawyer Evaluates the Minimal Facts Approach

Gary Habermas pioneered the "minimal facts approach" (MFA) to proving the resurrection of Jesus. Habermas asserts that a few facts accepted by even skeptical scholars are enough to substantiate the Resurrection's occurrence. Retired attorney Robert G. Miller argues that the "facts" cited by Habermas are actually opinions, and that Habermas misrepresents those opinions. Miller argues that commonsense rules of evidence developed by courts over centuries of deciding real-world issues provide a better way of evaluating the evidence claimed for the Resurrection.

You be the Judge: An Unopposed Brief Challenging Legal Apologetics

Christian apologists have published dozens of books and articles during the last four centuries claiming that they can prove the resurrection of Jesus using legal standards of evidence. Retired attorney Robert G. Miller sought an attorney who would argue in support of the Resurrection in a format closer to a real adversarial process in court, but could not find a single lawyer who would even discuss the possibility of facing an actual opponent. In this unopposed brief, Miller thus explains three independent reasons why apologists cannot prove Jesus' resurrection by legal principles, and then goes on to critique legal apologists' standard arguments for the Resurrection. Miller seeks someone willing to respond to this brief.
Kiosk Article

Open Letter to Dr. Adam Francisco, Editor of the Global Journal of Classical Theology

In the summer of 2023 retired lawyer Robert G. Miller invited legal apologist John Warwick Montgomery, then-editor of the Global Journal of Classical Theology, to participate in a truly legal assessment the evidence for the resurrection of Jesus, but Montgomery declined citing time constraints. So Miller turned to systematically inviting as many other legal apologists as he could think of to demonstrate the resurrection of Jesus. Unfortunately, he could not find a single lawyer who would even discuss the possibility of facing an actual opponent in a procedure closer to a real adversarial process in court. Miller therefore took the initiative by drafting an unopposed brief providing three independent reasons why apologists cannot prove Jesus' resurrection by legal principles, in addition to critiquing standard legal apologetic arguments for the resurrection of Jesus. In this follow-up open letter, Miller invites the incoming editor of the Journal to respond to his unopposed brief, either directly or by slating editorial board members to do so, or to at least issue a call for papers responding to the brief. Will legal apologist continue to skirt their 1 Peter 3:15-16 mandate to answer the call to anyone who requests it?

A Lawyer Evaluates Evidence of Supernatural Events

Christian apologists often claim to have "strong" evidence for Jesus' resurrection—but compared to what? The arguments of legal apologists are a far cry from those found in actual courtrooms, for a court will compare the case at hand against previous cases (or precedent) to determine the strength of the evidence for a claim. But in case law the physical facts rule prevents the consideration of claims of supernatural events, so no such precedent exists. In this essay Robert Miller nevertheless compares the kind of evidence that apologists offer for the resurrection of Jesus against the evidence appealed to by Spiritualists and Mormons for their claims, as well as against the sort of "corroborating" evidence used to prop up urban legends. Miller concludes that when it comes to evidentiary factors like public demonstration, hearsay, multiple attestation, and early recordation, the evidence appealed to by Spiritualists—as poor as it is—is still far superior to that appealed to for Jesus' resurrection.

Will No One Answer the Call? Update to the Open Letter to Bradley J. Lingo, Dean of the Regent University School of Law

A month prior, retired lawyer Robert G. Miller challenged the Dean of the Regent University School of Law, or any legal apologist willing to take his place, to participate in a genuine adversarial debate with him emulating typical legal procedures, to be facilitated by Internet Infidels online. Since legal apologists regularly claim to be able to demonstrate the resurrection of Jesus from the dead using legal argumentation, Miller's aim was to put this assertion to the test. Sadly, however, despite efforts to reach out to various legal professionals directly, to date no legal apologist has agreed to Miller's challenge. In this update, Miller informs readers of the next steps that he is mulling over in light of legal apologists' failure to show up.

Open Letter to Bradley J. Lingo, Dean of the Regent University School of Law

Within evangelical circles, legal apologetics denotes attempts to defend the Christian faith using legal arguments that would ostensibly "prove" certain central tenets of Christianity by the standards of the American legal system. Like other forms of apologetics, however, it is rife with buzzwords and relies on no identifiable criteria by which these tenets might be "proven" by established legal standards. Legal apologists also tend to respond to the arguments of fictional opponents to their "cases" for core Christian doctrines rather than engage real-world legal opponents. Since this has a more propagandistic than truth-seeking function, in this essay retired lawyer Robert G. Miller challenges the Dean of the Regent University School of Law—or any legal apologist for that matter—to accept his invitation to agree to initiate a real online debate with him by September 29, 2023 using long-standing legal standards to "prove" the central Christian doctrine that Jesus rose from the dead.