"Third Use" and Penance

There's a difference of opinion within our synod about whether the "third use of the law" needs to be specifically and pointedly preached. Some pastors think that preaching the law is what is necessary, and that the Holy Spirit will also use that damning law to inform Christians of how to live. Other pastors think that an important part of sermons is to say, "Now that you've been forgiven, thus-and-such is what you should be doing."

Regardless of what he intends, when the pastor "preaches third use" his people are hearing that good works are more important than forgiveness. A pastor who "preaches third use" (as opposed to "preaching the law") definitely thinks forgiveness is important; he also knows that it is the Gospel that causes us to want to obey the law. But somehow, nevertheless, the message still comes through that Christianity is mostly about being good.

How does this effect his people's desire for private confession?

When pastors "preach third use," do they have people clamoring for the pastor to "hear their confession and pronounce forgiveness to them in order to fulfill God's will"? When pastors "preach third use," what goes through their people's minds when they dare to begin thinking about the possibility of maybe considering going to confession?

Even though my father-confessor does NOT tell me what to do or how to be good, even though he does not "preach third use," even though he does not give penance, I still sometimes fear what he might say. There are times my sinful nature wonders, "Can I really say this in front of him? What if he comes back with a line, 'Well, if you're really sorry about that, then you'll do' yada-yada-yada." And I know I'm incapable of doing whatever-it-is. But then I grab hold of myself and think about the sermons. In his sermons, the point of the law is to slay the sinner, to leave the sinner no means of patting himself on the back, no means of thinking that I'm doing an okay job of being a good little Christian, no means of planning out "better obedience" (which would allow me to pat myself on my back later, if'n I can't do it quite yet). In his sermons, the point of the law is to smash our self-righteousness so that Christ's righteousness is the only thing we can cling to. So I know it will be the same in the confessional. The point of his absolution is to assure me of what Christ has done for me, assure me of Christ's love, assure me of His promises. The point is not to make sure I start behaving properly. Pastor trusts that the gospel will do that of its own accord, in God's time, and in God's way, and with God's measure of good fruit.

But if a pastor's sermon preaches "third use of the law" to make me into a good person, then how would I ever know to trust him with my confession made in private? How would I know that he would forgive instead of giving me law to perform ("third use" though it be)? If I am weak and sinful and cannot perform the law, what good would it be to go to the pastor, suspecting that I might just to be told what I should do? Does the commitment to "preach third use of the law" among us undermine the yearning of the people for that Sacrament of Private Absolution? Does "preaching third use" teach us to shy away from that Sacrament?