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JUSTICE IN ISRAEL
AMONG the nations of the modern world one of the most vital
distinctions is the degree in which just judgment is estimated and
provided for. Indeed, according to modern ideas, life is tolerable
only where all men are equal before the law; where all are judged by
statutes which are known, or at least may be known, by all; where
corruption or animus in a judge is as rare as it is held to be
dishonorable. But we cannot forget that in the majority of even the
more advanced countries of the world these three conditions are not
yet found, and that where they do exist they are only recent
acquirements. In the latest born, and in many respects the most
advanced of the great commonwealths, in the United States of
America, the corruption of a number of the inferior courts is
undeniable, and is tolerated with a most disappointing patience by
the people. In England Judge Jeffries is no very remote memory, and
Lord Bacon’s acceptance of presents from litigants in his court has
only been made more certain by recent investigations. An absolutely
honest intention to give even-handed justice to all is, therefore,
even in England, only a recent attainment, and in no country is the
honest intention always successful in realizing itself. But if this
be so among the civilized nations of the West, we may say that in
Oriental countries there has been little of systematic and
continuous effort to give even-handed justice at all. Yet nowhere
has the sinfulness and the destructiveness of corruption in judgment
been more impassionedly and more frequently set forth by the highest
authorities in religion and morals, than in the East. Tupper, our
most recent authority, in writing of "Our Indian Protectorate," p.
289, describes the Indian attitude to law thus: "There was not that
reverence for law which in Europe is in all probability very largely
due to the influence of the Roman law, and to the teaching of the
Roman Catholic and other Christian Churches. So far as there was a
germ out of which the respect for law ought to have grown, it was to
be found in dislike to actions plainly opposed to custom and
tradition. There was a deeply rooted and widespread conviction that
there could be no rule to which exceptions could not be made, if
agreeable to the discretion of the chief or any of his delegates.
The chief was set above the law; it did not limit his authority by
any constitution. There was no legislation for the improvement of
law. The administration of justice was extremely imperfect." The
same writer describes the result of such a state of mind in his
picture of Mahratta rule (p. 247). "There was," he says, "no
prescribed form of trial. Men were seized on slight suspicions.
Presumptions of guilt were freely made. Torture was employed to
compel confession. Prisoners for theft were often whipped at
intervals to make them discover where the stolen property was
hidden. Ordinarily no law was referred to except in cases affecting
religion." That there were both Hindu codes and Mohammedan codes in
existence which claimed and were believed to have Divine authority
made no difference in India. Nor does it make any in Persia today.
Now, in coming to the consideration of the views of justice embodied
in Old Testament law, and the quality of the judiciary in ancient
Israel, we must take not Western but Eastern ideas as our standard.
Judging from that point of view, it should create no prejudice in
our minds if we find on the first glance that all men were not equal
before the ancient law of Israel; that for a considerable period, if
not during the whole political existence of Israel, there was no
very extensive written law; and that arbitrary and corrupt judgment
was only too common at all times. For none of these defects would
indicate in ancient Israel the same evils as similar defects in
nations of our time would indicate. They are rather defects in the
process of being overcome, than defects arising from feeble or
vitiated life. If there was a constant movement towards the highest
state of things, that is all we can demand or expect to find.
Now there does seem to have been that. As has been well pointed out
by Dr. Oort, in the tribes which became Israel justice must have
been administered by the heads of the various bodies which went to
make these up. The household was ruled even in matters of life and
death solely, by the father; the family, in the wider sense, was
judged by its own heads; the tribes by the elders of the tribes, and
there probably was no appeal from one tribunal to another. Each
tribunal was final in its own domain. It may be, also, that the
judicial function was in all these bodies exercised in the lax and
timid fashion common among Bedouin tribes today. In all cases, too,
it is probable that in the pre-Mosaic time the standard of judgment
was customary law. Only with this very great modification can Oort’s
epigrammatic description of the situation-"There was no law, but
there were givers of legal decisions"-be accepted. So far as can be
ascertained, the customs according to which men were expected to
live were perfectly well known, and within certain narrow limits of
variation were extraordinarily table. How stable customary law may
be made, even in the midst of a society governed in the main
according to written law in its strictest sense, may be seen in the
execration which any breach of the Ulster custom of tenant right met
with, before that custom was embodied in any statutes. And in
antiquity the stringency of custom can hardly be exaggerated. Under
it, when thoroughly established, there was, in all the cases covered
by it, only this one way of acting lot: all, both men and women, who
were fit for society at all. Any alternative course was probably
inconceivable in the tribal stage of the Israelites’ existence.
But a change would doubtless be wrought whenever the appointment of
a king took place. Then national law would appear, in embryo at
least; and at first, until custom had grown up in this region also,
it would largely be an expression of the will of the king, and of
the royal officers instructed and trained by the king. But it would
have free and unchallenged course only when it claimed authority in
matters lying outside of the family and tribal jurisdictions.
Wherever it attempted to interfere with tribal or family rights,
danger to the kingship of the most acute kind would be sure to
arise. In all probability, it was disregard of this axiomatic truth
which made Solomon’s reign so burdensome to the people and tore the
kingdom asunder under Rehoboam. Ahab too fell a victim to his
disregard of it. Lastly, the introduction of elaborate written codes
of law would, if it came as the crown of such a development, depose
custom from its supremacy, though it would not abolish it; and would
substitute for it as the main element in all judicial matters the
written prescription, which is the necessary presupposition of a
fully organized judiciary of the modern type, with a regulated and
definite power of appeal.
But in the case of ancient Israel there is a distinguishing element
which has to be fitted into this ordinary scheme of progression, and
that is the Divine revelation to Moses. Taken up at the tribal stage
by the Mosaic revelation, the Israelite tribes were touched and
welded into coherence, if not quite as a nation, at least as the
people of Yahweh, so that during all the distracting days of the
Judges they kept up in essentials their social and religious unity.
And with the religious union there must have come administrative
uniformity to some considerable extent. The jurisdiction of the
heads of households, of heads of families, and of the tribal elders
would be as little interfered with as possible; but, as we have
seen, all customs and rights had to be reviewed from the point of
view of the new religion, and appeal to Moses as the prophet of it
must have often been unavoidable. Just as his first followers were
continually coming to Mohammed, to ask whether this or that ancient
custom could be followed by professors of Islam, so there must have
been constant appeals to Moses. So long as he lived, therefore, he,
and after him Joshua and Moses’ fellow-tribesmen the sons of Levi,
as being specially zealous for the religion of Yahweh, must have
been constantly called in to assist the customary judges; and so the
habit of appeal must have grown in Israel long before there was any
king. Thus also a common standard of judgment would be established.
That standard must necessarily have been the law of Yahweh, i.e.,
the new Yahwistic principles and all that might prima facie be
deduced from them, together with so much of custom and tradition as
had been accepted as compatible with these principles. We have
stated the reasons for holding that the Decalogue was Mosaic, and
the Book of the Covenant may be taken also to represent what the
current law in Mosaic or sub-Mosaic time was held to be. As Oort
well says (loc. cit.), when we know that the Hittites about the
middle of the fourteenth century B.C. concluded a treaty with
Rameses II of Egypt the terms of which were written upon a silver
plate, "why may there not also have been written statements
regarding the mutual rights and duties of the people of a town,
engraved upon stone or metal, and set forth openly for inspection?"
What he confines to mere town business and refers to the time of the
Judges, we may without risk extend to a general fundamental law like
the Decalogue, or even to the Book of the Covenant, and date it in
the time of Moses. Writing was so common an accomplishment in Canaan
before the Exodus, that such a supposition is not in the least
improbable. These written laws formed the crown of the law of
Yahweh, and by them all the rest was raised to a higher level and
transformed.
As new men, new times, and new difficulties arose, the priest became
the special organ of Divine direction. It may be that the priestly
Torah was largely the result of the sacred lot; but the questions
that were put, and the manner in which they were put, would be
decided ultimately by the conception the priest had of the truth
about God. The teaching of the Decalogue would therefore be the
dominant and formative power in all that was spoken by the priest
and for Yahweh. In the disorganized state into which Israel fell
during the time of the Judges, when, as Deuteronomy takes for
granted, and as 1Ki 3:2-3 asserts, the legitimate worship of Yahweh
was carried on at many centers, the substantial sameness of the
tradition as to the history of Israel, in all the varied forms in
which we encounter it, is proof sufficient that at each of the great
sanctuaries (which were certainly in the hands of Levitical priests)
the treasure of ancient knowledge, both in law and history, was
carefully and accurately preserved. New decisions would be given,
but they came through men penetrated with the high thoughts of God,
and of His people’s destiny, which Moses had so fruitfully set
forth. This was the element in the life of the people which all the
higher minds strove to perpetuate, and, being spiritual, it
spiritualized and raised all accessory things. Consequently there
was, long before the kingship, what was equivalent to a national
feeling of the highest kind, and the conception of justice and its
administration corresponded to that.
In the Book of the Covenant, which in this matter represents so
early a period that there is no mention of "judges," only of Pelilim,
i.e., arbitrators, {Exo 21:22} so that the tribal and family heads
can alone have exercised judicial functions, we find the most solemn
warnings against any legal perversion of right to gain popularity,
against yielding to the vulgar temptation to oppress the poor, or to
the subtler and, for generous minds, more insidious temptation, to
give an unjust judgment out of pity for the poor. Israel was,
moreover, to keep far from bribery, "which blindeth them that have
sight, and perverteth righteous causes." In no way was the law to be
used for criminal or oppressive purposes. From the very first,
therefore, in Israel the higher principles of faith and life set
themselves to combat d’outrance the tendency to unjust judgment,
which seems now, at least, quite ineradicable in the East, save
among the Bedouin.
A still higher note is struck in the repetition of the law in the
Book of Deuteronomy. In chapter 1, originally part of a historic
introduction to the book proper, we read: "Hear the causes between
your brethren, and judge righteously between a man and his brother,
and the stranger that is with him. Ye shall not respect persons in
judgment; ye shall hear the small and the great alike; ye shall not
be afraid of the face of man; for the judgment (i.e., the whole
judicial process and function) is God’s; and the cause that is too
hard for you ye shall bring unto me (Moses), and I will hear it."
Yes, the judgment is God’s. Just as the whole of moral duty towards
man was raised by the Decalogue to a new and more intimate relation
with God, so here justice, the fundamental necessity of a sound and
stable political state, is lifted out of the conflict of mean and
selfish motives, in which it must eventually go down, and is set on
high as a matter in which the righteous God is supremely concerned.
In this, as in all things, Israel was called to a lonely eminence of
ideal perfection by the character of the God whom they were bound to
serve. Therefore it strikes us with no surprise that justice is
insisted upon almost with passion in Deu 4:1 : "Justice, justice
shalt thou pursue after, that thou mayest live and possess the land
which Yahweh thy God giveth thee"; or that it is made one of the
conditions of Israel’s permanence as a nation. In Deu 24:17 we read,
"Thou shalt not wrest the judgment of the stranger, nor of the
fatherless; nor take the widow’s raiment to pledge"; in Deu 25:1-2,
"If there be a plea between men, then they (i.e., the judges) shall
justify the righteous and condemn the wicked." For any other course
of conduct would bring guilt upon the nation in the sight of Yahweh;
and how jealously that was guarded against is seen in the sacrifice
and ritual imposed for the purification of the people from the guilt
of a murder the perpetrator of which was unknown. {Deu 21:1-9}
Unatoned for and disregarded, such a crime brought disturbance into
those relations between Israel and their God upon which their very
existence as a nation depended; and the disregard of justice, where
wrongs were committed by known persons and were left unpunished, was
of course more deadly. So the author of Deuteronomy looked upon it;
and the prophets, from the first of them to the last brand unjust
judgment, the perverting the course of legal justice, as the most
alarming sign of national decay. The righteous God, with whom there
was no respect of persons, could not permanently favor a people
whose judges and rulers disregarded righteousness; and when
destruction actually came upon this people, it was proclaimed to be
God’s doing, "because there was no truth nor justice nor knowledge
of God in the land." Nowhere in the world, therefore, has the demand
for justice been made more central than here, and nowhere has
injustice been more passionately fought against. Nor have the
sanctions binding to a pursuit of justice been at any period more
nobly or more vividly conceived. In this main point, therefore,
Israel’s law stands irreproachable-marvelously so, considering its
great antiquity. But we have still to inquire whether any really
adequate provision was made for the general and inexpensive
administration of justice. To take the latter first, law was in old
Israel probably as cheap as it would be in the primitive East today,
if bribery were to be stopped. To advise as to the sacred law, to
plead for justice according to it, did not then, and does not now in
similar circumstances, belong to any special professional class who
live by it. The priest could be appealed to freely by all; and the
heads of fathers’ houses, as well as the tribal heads, were, by the
very fact that they were such, bound to give judgment among their
people, and to appear for and take responsibility for them when they
had a cause with persons beyond the limits of the particular
families and tribes. Justice, consequently, was in ordinary
circumstances perfectly free to all. And from a very early time
earnest efforts were made to make it equally accessible. At first,
when the people were in one army or train, before they came to
Sinai, an overwhelming burden was laid upon Moses. As the prophet of
the new dispensation all difficulties were brought to him. But at
Jethro’s suggestion, as JE tells us in Exo 18:13 ff., and as
Deuteronomy repeats in Deu 1:16, he chose men of each tribe, or took
the heads of each tribe, and set them as captains of thousands and
hundreds and fifties and tens. Not improbably this was primarily a
military organization, but to these captains was committed also
jurisdiction over those under them. In all ordinary cases they
judged them and their families in the spirit of Yahwism, as well as
commanded them; and in this way, as has already been pointed out,
the customary law was revised in accordance with Yahwistic
principles. Justice too was brought to every man’s door. The only
question that suggests itself is whether these captain-judges were
the ordinary family and tribal heads, organized for this purpose by
Moses. On the whole this would seem to have been so, and it may well
be that Jethro’s suggestion had in view the danger of ignoring them,
as well as the burden which Moses’ sole judgeship laid upon him. But
with the advance to the conquest of Canaan a new situation emerged,
and the probability is that more and more, as the tribes fell into
entire or semi-isolation, the tribal organization in its natural
shape would come to the front again. Deuteronomy, however, tells us
little if anything of this. In the main passage regarding this
matter, {Deu 17:8-13} where provision is made for an appeal to a
central court, the legislation is entirely for a period much later
than Moses. Like the law regarding sacrifice at one altar, the
judicial provisions of Deuteronomy seem all to be bound up with the
placewhich Yahweh shall choose, viz. the Solomonic Temple in
Jerusalem.
We may consequently conclude that the judicial arrangements to which
Deuteronomy alludes existed only after the Israelite kingship had
been for some time established at Jerusalem. We have no distinct
evidence for the existence of a central high court in David’s days;
and from the story of Absalom’s rebellion we should gather that the
old, simple Oriental method still prevailed, according to which the
king, like the heads of tribes, families, etc., judged every one who
came to him, personally, at the gate of the royal city. But Samuel
is said in 1Sa 7:16 to have annually gone on circuit to Bethel,
Gilgal, and Mizpah. According to the school of Wellhausen, nearly
the whole of this chapter is the work of a Deuteronomic writer about
the year 600. In that case, of course, it would be difficult to
prove that the arrangement attributed to Samuel was not a mere echo
of what was done in Josiah’s day; though, if the Deuteronomic
prescriptions were carried out then, there would be no need for such
a system. On the other hand, if Budde and Cornill be right in
tracing the chapter back to JE, this habit of going on circuit must
have been an ancient one, possibly dating from Samuel’s time. That
this latter vicar is the correct one is in a degree confirmed by the
statement in 1Sa 8:1-2 that Samuel’s sons were installed by him as
judges in Israel, at Beersheba. This belongs to E, and it would seem
to indicate the beginnings of such a system as Deuteronomy
presupposes.
But it is only in the days of Jehoshaphat (873-849 B.C.) that an
arrangement like that in Deuteronomy is mentioned. From 2Ch 19:5 ff.
we learn that "he set judges in the land throughout all the fenced
cities of Judah, city by city. Moreover in Jerusalem did Jehoshaphat
set of the Levites and of the priests, and of the heads of the
fathers’ houses, for the judgment of Yahweh and for controversies."
Further, it is stated that Amariah the chief priest was set over the
judges in Jerusalem in all Yahweh’s matters, i.e., in all religious
questions, and Zebadiah the son of Ishmael the prince of the house
of Judah in all the king’s matters, i.e., in all secular affairs. Of
course few advanced critics will admit that the Books of Chronicles
are reliable in such matters. But that judgment is altogether too
sweeping, and here we would seem to have a well-authenticated record
of what Jehoshaphat actually did.
For it will be observed, that when we take up the various notices in
regard to the administration of justice, we have a well-defined
progress from Moses to Jehoshaphat. Moses was chief judge and
committed ordinary cases to the tribal and family heads who were
chosen as military leaders, each judging his own detachment. After
passing the Jordan, the whole matter would seem to have fallen back
into the hands of the tribal heads, with the occasional help of the
heroes who delivered and judged Israel. At the end of this period
Samuel, as head of the State, went on circuit, and appointed his
sons judges in Beersheba, thus initiating a new system, which, had
it been successful, might have superseded the tribal and family
heads altogether. But it was a failure, and was not repeated. With
the rise of the kingship the courts received further organization.
If the Chronicler can be trusted, Levites to the number of six
thousand were appointed to be judges and Shoterim. The number seems
excessive: but the appointment of Levites to act as assessors with
the tribal and other heads would be a natural-expedient for a king
like David to have recourse to, if he desired to secure uniformity
of judgment, and to bring the courts under his personal influence.
The next step would naturally be that which is attributed to
Jehoshaphat, and it is precisely that which Deuteronomy points to as
being already at work in his time. We have, consequently, more than
the late authority of the Chronicler for Jehoshaphat’s high court.
The probabilities of the case point so strongly to the rise of some
such judicial system about that period, that it would require some
positive proof, not mere negative suspicion, to lead us to reject
the narrative. In any case this must have been the system in
Josiah’s day, and afterwards. For when Jeremiah was arraigned for
prophesying destruction to the Temple and to Jerusalem, the process
against him was conducted on similar lines to those laid down in
Deuteronomy. The princes judged, the priests (curiously enough along
with the false prophets) made the charge, i.e., stated that the
prophet’s conduct was worthy of death, and the princes acquitted.
During the Exile it is probable that the "elders" of the people were
permitted to judge them in all ordinary cases, but we have no
certain proof that this was so. After the return from Babylon,
however, the local courts were re-established, probably in the very
form in which they appear in the New Testament. {Mat 5:22; Mat 10:17
Mar 13:9 Luk 12:14-58}
Throughout the whole history of Israel, therefore, courts of justice
were easily accessible to every man, whether he were rich or poor.
No doubt the free, open-air, Eastern manner of administering justice
was favorable to that; but from the days of Moses onward we have
fairly conclusive proof that the leaders of the people made it their
continual care that wherever a wrong was suffered there should be
some court to which an appeal for redress could be made.
The justice aimed at in Israel was, therefore, impartial and
accessible. We have still to inquire whether it was merciful or
cruel in its infliction of punishment. Dr. Oort says it was a hard
law in this respect, but one is at a loss to see how that view can
be sustained. There is no mention of torture in connection with
legal proceedings, either in the history or in the legislation. Nor
is there any instance mentioned in which an accused person was
imprisoned until he confessed. Indeed imprisonment would not appear
to have been a legal punishment in Israel, nor in any antique state.
The idea of providing maintenance for those who had offended against
the law was one which could never have occurred to any one in
antiquity. Prisons are, of course, frequently mentioned in
Scripture; but they were used, up to the time of Ezra, only for the
safekeeping of persons charged with crime till they could be brought
before the judges. Sometimes, as in the case of the prophets, men
were imprisoned to prevent them from stirring up the people; but
this procedure was nowhere sanctioned by law. Further, the crimes
for which the punishment prescribed in the ancient law was death
were few. Idolatry, adultery, unnatural lust, sorcery, and murder or
manslaughter, together with striking or cursing parents and
kidnapping-these were all. Considering that idolatry and sorcery
were high treason in its worst form, so far as this people was
concerned, and that impurity threatened the family in a much more
direct and immediate fashion then than it does now, while the people
were naturally inclined to it, one must wonder that the list of
capital crimes is so short. Contrast this with Blackstone’s
statement in regard to England (quoted "Ency. Brit.," 4., p. 589):
"Among the variety of actions which men are daily liable to commit,
no less than one hundred and sixty have been declared by Act of
Parliament to be felonies without benefit of clergy, or, in other
words, to be worthy of instant death." It is only in comparatively
recent years that the punishment of death has been practically
restricted to murder in England. Yet that is almost the case in the
ancient Jewish law; for the exceptions are such as would reappear in
England if it were more sparsely populated and manners were rougher.
In Australia, for example, highway robbery under arms and violence
to women are capital crimes, just because the country is sparsely
inhabited and the households unprotected. Nor were the modes of
death inflicted cruel. Only three-viz, impalement, and burning, and
stoning-appear to be so. But it may be believed that in the cases
contemplated by the law death in some less painful manner had
preceded the two former, as is certainly the case in Jos 7:15; Jos
7:25, and in Deu 21:22. As for the latter, it must have been
horrible to look upon, but in all probability the criminal’s agony
was rarely a prolonged one. The other method of execution, by the
sword namely, was humane enough. Dr. Oort tells us that mutilations
were common; but his proof is only this, that in the treaty between
the Hittite king and Rameses II we read, concerning inhabitants of
Egypt who have fled to the land of the Hittites and have been
returned, "His mother shall not be put to death; he shall not be
punished in his eyes, nor on his mouth, nor on the soles of his
feet." The same provision is made for Hittite fugitives. From this
evidence of the custom of surrounding peoples, and from the fact
that the jus talionis is announced in the Scriptures by the familiar
formula, "Eye for eye, tooth for tooth, hand for hand, foot for
foot," Dr. Oort draws this conclusion. But he appears to forget that
the jus talionis was common to almost all the peoples of the ancient
world, and is referred to in the Pentateuch, not as a new principle,
but as a custom coming down from immemorial time. Consequently,
though there must once have been a time in which it was carried out
in its literal form, that time probably was past when the laws
referring to it were written. In Rome, and probably in other lands
where this custom existed, it early gave place to the custom of
giving and receiving money payments. Most probably this was the case
in Israel, at least from the time of the Exodus. For the new
religion introduced by Moses was merciful. But these references to
the principle of retaliation tell us nothing as to the frequency or
otherwise of mutilation as a punishment. No instance of mutilation
being inflicted either as a retaliation or as a punishment occurs in
the Old Testament, and the probability is that cases were never
numerous. Apart from retaliation they are never mentioned; and we
may, I think, set it down as one of the distinctive merits of the
Israelite law that it never was betrayed into sanctioning the
cutting off of hands or feet or ears or noses as general punishment
for crime. But so far as the principle of the lex talionis was
retained, its effect was wholesome. It was a continual reminder that
all free Israelites were equals in the sight of Yahweh. And not only
so, it enforced as well as asserted equality. Any poor man mutilated
by a rich man could demand the infliction of the same wound upon his
oppressor. He could reject his excuses, and refuse his money, and
bring home to him the truth that they had equal rights and duties.
In this way this seemingly harsh law helped to lay the foundation
for our modern conception of humanity, which regards all men as
brethren. For the teaching of our Lord, which fulfilled all that the
polity and religion of ancient Israel had foreshadowed of good,
broke down the walls of partition between Jew and Gentile, and made
all men brethren by revealing to them a common Father. It surely is
strange and sad that those who specially make liberty, equality, and
fraternity their watchwords, have received so false an impression of
the religion of both the Old and New Testaments, that they pride
themselves on rejecting both. When all is said, the leveling of
barriers which the crushing weight of Roman power brought about, and
the common methods and elements of thought which the Greek conquest
had spread all over the civilized world, would never have made the
brotherhood of man the universally accepted doctrine it is. The
truths which made it credible came from the revelation given by God
to His chosen people, and its final and conclusive impulse was given
to it by the lips of Christ.
In face of that cardinal fact it is vain to point out as one of the
defects of this law that all men were not equal before it. Women
were not equal with men, nor were foreigners nor slaves equal with
freeborn Israelites; but the seed of all that later times were to
bring was already there. The principles which at the long end of the
day have abolished slavery, raised women to the equal position they
now occupy, and made peace with foreigners increasingly the desire
of all nations, had their first hold upon men given them here. In
all these directions the Mosaic law was epoch-making. In the fifth
commandment, as well as in the legislation regarding the punishment
of a rebellious son, the mother is put upon the same level as the
father. However subordinate woman’s position in the larger public
life might be, within the home she was to be respected. There, in
her true domain, she was man’s equal, and was acknowledged to have
an equal claim to reverence from her children.
In precisely the same way the "stranger" was freed from disability
and protected. In the earliest days, when the Israelite community
was still being formed, whole groups of strangers were received into
it and obtained full rights, as for example the Kenites and
Kenizzites. But though this was a promise of what Israel was
ultimately to be to the world, the necessities of the situation, the
need to keep intact the treasure of higher religion which was
committed to this people, compelled the adoption of a more
separatist policy. Yet "in no other nation of antiquity were
strangers received and treated with such liberality and humanity as
in Israel." They were freely afforded the protection of the law;
they were, in short, received as "a kind of half-citizens, with
definite rights and duties."
Further, though the ger was not bound to all the religious practices
and rites of the Israelite, yet he was permitted, and in some cases
commanded, to take part in their religious, worship. If he consented
to circumcise all his house he might even share in the Passover
feast. All oppression of such a one was also rigorously forbidden,
and to a large extent the stranger shared in the benefits conferred
by the provision for the poor of the land which the law made
compulsory.
Nor was the case otherwise with slaves. Equality there was not, and
could not be; but in the provisions for the emancipation of the
Israelite slave and the introduction of penalties for undue
harshness, it began to be recognized that the slave stood, in some
degree at least, on the same level as his master-he too was a man.
Taking it as a whole, therefore, the ancient world will be searched
in vain for any legislation equal to this in the "promise and the
potency" of its fundamental ideas as to justice. Here, as nowhere
else, we can see the radical principles which should dominate in the
administration of justice laying hold upon mankind, and that there
was a living will and power behind these principles is shown in the
steady movement toward something higher which characterized
Israelite law. In the pursuit of impartiality, accessibility, and
humanity, the teachers of Israel were untiring, and the sanctions by
which they surrounded and guarded all that tended to make the
administration of justice effective in the high sense were unusually
solemn and powerful. The result has been most remarkable. All the
ages of civilized men since have been the heirs of Israel in this
matter. Roman influence and the influence of the Christian Church
have no doubt been powerful, and the manifold exigencies of life
have drawn out and made explicit much which was only implicit in the
ancient days. But the higher qualities of our modern administration
of justice can be traced back step by step to Biblical principles,
and the course of development laid bare. When that is done, it is
seen that the almost ideal purity and impartiality of the best
modern tribunals is the completion of what the Israelite law and
methods began. In this one instance at least the great Mosaic
principles have come to fruition; and from the security and peace,
the contentment and the confidence, with which impartial justice has
filled the minds of men, we can estimate how potent to cure the ills
of our social and moral state the realization of the other great
Mosaic ideals would be. It should be a source of encouragement to
all who look for a time when "the kingdoms of, this world shall
become the kingdoms of our Lord and of His Christ" that something
like the ideal of justice has so far been realized. It has no doubt
been a weary time in coming, and it has as yet but a narrow and
perhaps precarious footing in the world. But it is here, with its
healing and beneficent activity; and in that fact we may well see a
pledge that all the rest of the Divinely given ideals for the
Kingdom of God will one day be realized also. Such a consummation,
however remote it may seem to our human impatience, however devious
and winding the paths by which alone it can draw near, will come
most surely, and in our approach to the ideal in our judicial system
we may well see the first fruits of a richer and more plentiful
harvest.
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