ROOTS OF OUR JUSTICE SYSTEM
Near the end of the last century, in response to what was seen
as an unbalanced and unjust legal system, a major revolution was
occurring in the area of criminology. A leading figure in this
revolution was the professor of psychiatry and anthropology at
the University of Turin, Cesare Lombroso. He left, as I understand
it, two legacies, one of which, it is claimed, has largely been
disregarded, while the other has been wholeheartedly embraced
by our legal system.
The first is the idea of "the criminal man": the theory
that some people are innately criminals. This notion, which was
developed as an offshoot of the theory of evolution, claimed that
criminals were actually biological throwbacks to primitive stages
of human evolution. As such, Lombroso maintained that such people
bore physical signs, which he called stigmata, that identified
them. Some of the characteristics he listed included: greater
skull thickness, large jaws, pre-eminence of the face over the
cranium, longer arms, a low narrow forehead, large ears, absence
of baldness and darker skin.
The other legacy he and his colleagues left, which flows on from
the notion of the criminal man, is what many describe as a more
humane approach to criminology. Instead of assuming a moralstance
that focussed on measuring the offender's guilt and responsibility,
his followers (called "Positivists") attempted what
the Encyclopaedia Britannica describes as "a morally neutral
and social interpretation of crime and its treatment"-that
is, society must allow for the differential treatment of someone
who is identified as a "born criminal", as opposed to
someone who on occasion has committed a crime. The goal is to
make the personality of the individual the primary object of the
rules of the penal justice, in place of the reality of the crime.
So a person's "risk to society" had to be judged rather
than just the consideration of the crime he had committed. Thus
entered into the legal landscape the ideas of probation, suspended
sentence, parole and character witnesses.
This is part of the origin of our criminal justice system today.
This is how men in our age have worked out how others should
be judged. What do you think about it? Is it reasonably fair
and humane to take into account a person's character when judging
some crime he may have committed? I'd like today to consider
how this stacks up with what the Bible says about how justice
is to be determined.
JUSTICE REFLECTS THE NATURE OF GOD
I have described above some of the principles upon which man's
judgments and justice system are based. I would like now to
cover some of the principles upon which God's justice is based.
ALL JUDGED IN LIKE MANNER
God's justice is expressed in His desire to see every man receive
what he is due.
THE ROLE OF REPENTANCE
EXAMPLES OF GODLY JUSTICE
I find quite touching the example of the people of the town of
Jabesh Gilead. In 1Sam 11 the story is told of how this town
was in grave danger from an Ammonite king. He was threatening
a massacre of the town. Saul heard about it and came to their
assistance in their time of desperate need. Many years later,
Saul was killed in battle by the Philistines. When the men of
Jabesh Gilead heard what had happened, they travelled all night,
searched out and found the bodies of Saul and his sons mutilated
and hanging on a town wall. They brought them back to their home
and gave them a decent burial, and grieved over Saul for seven
days (1Sam 31:8-13). Notice David's response to their action:
The general public often has a general dissatisfaction with the
way justice is meted out, or usually not meted out. We have a
legal system in place that is built upon certain ideas of men.
These ideas are largely hidden, but we see their practical application
in the law's sentence every day. These ideas, I dare say, can
also affect our sense of how justice should be executed.
Let us notice how the God of justice is described:
Deu 32:4 He is the Rock, His work is perfect; for all
His ways are justice, a God of truth and without injustice; righteous
and upright is He.
God's throne is established for judgement, and He judges the world:
Isa 30:18 Therefore the LORD will wait, that He may be
gracious to you; and therefore He will be exalted, that He may
have mercy on you. For the LORD is a God of justice; blessed are
all those who wait for Him.
Ps 97:2 Clouds and darkness surround Him; righteousness
and justice are the foundation of His throne.
So much of God is hidden and unknowable to us, and yet we are
reassured that at the core of His motivations and governance is
fairness and a determination to do what is right.
We all like to think that we are just. Almost everyone believes
that being just is meritorious. But what does justice mean?
How is one just? How would you define justice, or being just?
How is God just?
There is no partiality with God. He judges all by the same rules
(Rom 2:11; Gal 2:6; Eze 18). We are to do likewise.
We must not favour the rich:
Jas 2:1-4,8-9 My brethren, do not hold the faith of our
Lord Jesus Christ, the Lord of glory, with partiality. 2 For
if there should come into your assembly a man with gold rings,
in fine apparel, and there should also come in a poor man in filthy
clothes, 3 and you pay attention to the one wearing the fine
clothes and say to him, "You sit here in a good place,"
and say to the poor man, "You stand there," or, "Sit
here at my footstool," 4 have you not shown partiality among
yourselves, and become judges with evil thoughts?
We are not to favour the poor:
8 If you really fulfil the royal law according to the Scripture,
"You shall love your neighbour as yourself," you do
well; 9 but if you show partiality, you commit sin, and are convicted
by the law as transgressors.
Lev 19:15 You shall do no injustice in judgment. You shall
not be partial to the poor, nor honour the person of the mighty.
In righteousness you shall judge your neighbour.
Nor are we to discriminate against the vulnerable:
Deu 24:17 You shall not pervert justice due the stranger
or the fatherless, nor take a widow's garment as a pledge.
Justice must be pre-eminent.
Deu 16:18-20 You shall appoint judges and officers in
all your gates, which the LORD your God gives you, according to
your tribes, and they shall judge the people with just judgment.
19 You shall not pervert justice; you shall not show partiality,
nor take a bribe, for a bribe blinds the eyes of the wise and
twists the words of the righteous. 20 You shall follow what is
altogether just, [RSV: Justice, and only justice, you shall
follow] that you may live and inherit the land which the LORD
your God is giving you.
HOW GOD JUDGES US
We are judged by what we love-whether we love light or darkness
(Jn 3:19). We are judged according to our secrets of our heart
(Rom 2:16). For some like Bill Clinton that day comes sooner
rather than later. But we too will one day have exposed all the
skeletons in our closets of which we have not repented. We are
judged according to our every word (Mat 12:36). We are judged
on how we use our talents, according to the abilities that we
have been given. These are all things that we can also utilize
to judge ourselves. But what is the fundamental criterion upon
which God's judgment is based? How is He just?
Isa 61:8 For I the LORD love justice, I hate robbery and
wrong; I will faithfully give them their recompense, and I will
make an everlasting covenant with them.
This is one of the primary meanings of justice, if not the primary
meaning, and it is something about which God is passionate. Consider
the following verses (from the many scriptures on this subject)
that reinforce this point:
1Ki 8:32 then hear in heaven, and act, and judge Your
servants, condemning the wicked, bringing his way on his head,
and justifying the righteous by giving him according to his righteousness.
Job 34:11 For He repays man according to his work, and
makes man to find a reward according to his way.
THE LAW OF GOD
Ps 62:12 Also to You, O Lord, belongs mercy; for You render
to each one according to his work.
Isa 3:11 Woe to the wicked! It shall be ill with him,
for the reward of his hands shall be given him.
Isa 59:18 According to their deeds, accordingly He will
repay, fury to His adversaries, recompense to His enemies; the
coastlands He will fully repay.
Jer 17:10 I, the LORD, search the heart, I test the mind,
even to give every man according to his ways, according to the
fruit of his doings.
Jer 32:19 You are great in counsel and mighty in work,
for your eyes are open to all the ways of the sons of men, to
give everyone according to his ways and according to the fruit
of his doings.
Jer 51:56 Because the plunderer comes against her, against
Babylon, and her mighty men are taken. Every one of their bows
is broken; for the LORD is the God of recompense, He will surely
repay.
Lam 3:64 Repay them, O LORD, according to the work of
their hands.
Eze 33:13-20 When I say to the righteous that he shall
surely live, but he trusts in his own righteousness and commits
iniquity, none of his righteous works shall be remembered; but
because of the iniquity that he has committed, he shall die. [What's
wrong with taking a person's history into account when judging
a matter, you may ask? What is of prime importance, however,
is repentance. If that is absent then evil is being harboured
and protected, whatever excuses are being used to hide it.] 14
Again, when I say to the wicked, 'You shall surely die,' if he
turns from his sin and does what is lawful and right, 15 if the
wicked restores the pledge, gives back what he has stolen, and
walks in the statutes of life without committing iniquity, he
shall surely live; he shall not die. 16 None of his sins which
he has committed shall be remembered against him; he has done
what is lawful and right; he shall surely live. 17 Yet the children
of your people say, 'The way of the LORD is not fair.' But it
is their way which is not fair! 18 When the righteous turns from
his righteousness and commits iniquity, he shall die because of
it. 19 But when the wicked turns from his wickedness and does
what is lawful and right, he shall live because of it. 20 Yet
you say, 'The way of the LORD is not fair [What do you think?
Whose way do you think is fairer? God's or men's?].' O house
of Israel, I will judge every one of you according to his own
ways.
Mat 16:27 For the Son of Man will come in the glory of
His Father with His angels, and then He will reward each according
to his works.
Rev 22:12 And behold, I am coming quickly, and My reward
is with Me, to give to every one according to his work.
From what has been shown above it is apparent that we are judged
by how we treat others. As we have done will be done to us.
Deu 19:16-20 If a false witness rises against any man
to testify against him of wrongdoing, 17 then both men in the
controversy shall stand before the LORD, before the priests and
the judges who serve in those days. 18 And the judges shall make
careful inquiry, and indeed, if the witness is a false witness,
who has testified falsely against his brother, 19 then you shall
do to him as he thought to have done to his brother; so you shall
put away the evil from among you. 20 And those who remain shall
hear and fear, and hereafter they shall not again commit such
evil among you. 21 Your eye shall not pity: life shall be for
life, eye for eye, tooth for tooth, hand for hand, foot for foot.
This is not a license for vengeance, but rather a guarantee of
justice. Christ tells us how we are to fulfil this law:
Mat 7:12 Therefore, whatever you want men to do to you,
do also to them, for this is the Law and the Prophets (i.e. by
doing this you fulfil the law).
How does this fulfil the law?
The law tells the judge to repay a man according to what he did
or intended to do to his brother, eye for eye, tooth for tooth.
Christ, as the Judge appointed by God, therefore tells us, if
we are wise, to be one step ahead. Justice demands that each
person be repaid according to his deeds. Treat others well so
that you may be well judged by God. It is all part of the same
principle. The purpose of the law is love that issues from a
pure heart, a good conscience and pure faith. And justice, the
belief that each should be repaid according to his works, guides
us towards this purpose of the law-do unto others, because you
will be repaid for your works.
Those who repent of their sins are not judged according to their
evil deeds:
Ps 25:6-7 Remember, O LORD, Your tender mercies and Your
lovingkindnesses, for they are from of old. 7 Do not remember
the sins of my youth, nor my transgressions; according to Your
mercy remember me, for Your goodness' sake, O LORD.
God does not punish us as much as our sins deserve. So if we
repent of evil and sin, Christ's sacrifice blots out that transgression
against God's law, and it can no longer be held against us-unless
we refuse to be merciful to others.
Let's now consider a number of varied examples from the Bible
that illustrate this principle of justice.
Let's consider an example pertaining to Gideon:
Ex 22:1-4 If a man steals an ox or a sheep, and slaughters
it or sells it, he shall restore five oxen for an ox and four
sheep for a sheep. 2 If the thief is found breaking in, and he
is struck so that he dies, there shall be no guilt for his bloodshed.
3 If the sun has risen on him, there shall be guilt for his bloodshed.
He should make full restitution; if he has nothing, then he shall
be sold for his theft. 4 If the theft is certainly found alive
in his hand, whether it is an ox or donkey or sheep, he shall
restore double.
Deu 25:1-3 If there is a dispute between men, and they
come to court, that the judges may judge them, and they justify
the righteous and condemn the wicked, 2 then it shall be, if
the wicked man deserves to be beaten, that the judge will cause
him to lie down and be beaten in his presence, according to his
guilt, with a certain number of blows. 3 Forty blows he may give
him and no more, lest he should exceed this and beat him with
many blows above these, and your brother be humiliated in your
sight.
Judg 8:33-35 So it was, as soon as Gideon was dead, that
the children of Israel again played the harlot with the Baals,
and made Baal-Berith their god. 34 Thus the children of Israel
did not remember the LORD their God, who had delivered them from
the hands of all their enemies on every side; 35 nor did they
show kindness to the house of Jerubbaal (Gideon) in accordance
with the good he had done for Israel.
Note what Jotham speaking to the men of Shechem, who had just
killed the sons of Gideon, stated:
Judg 9:16 Now therefore, if you have acted in truth and
sincerity in making Abimelech king, and if you have dealt well
with Jerubbaal and his house, and have done to him as he deserves
17 for my father fought for you, risked his life, and delivered
you out of the hand of Midian.
Gideon had made sacrifices to serve his community. It was therefore
just that his family be treated kindly. The man who does well
for his community deserves to have his family cared for (Judg
8:33-35; 9:16).
2Sam 2:4-7 Then the men of Judah came, and there they
anointed David king over the house of Judah. And they told David,
saying, "The men of Jabesh Gilead were the ones who buried
Saul." 5 So David sent messengers to the men of Jabesh Gilead,
and said to them, "You are blessed of the LORD, for you have
shown this kindness to your lord, to Saul, and have buried him.
6 And now may the LORD show kindness and truth to you. I also
will repay you this kindness, because you have done this thing.
7 Now therefore, let your hands be strengthened, and be valiant;
for your master Saul is dead, and also the house of Judah has
anointed me king over them."
In this, Hezekiah was a poor example:
2Chr 32:24-26 In those days Hezekiah was sick and near
death, and he prayed to the LORD; and He spoke to him and gave
him a sign. 25 But Hezekiah did not repay according to the favour
shown him, for his heart was lifted up; therefore wrath was looming
over him and over Judah and Jerusalem. 26 Then Hezekiah humbled
himself for the pride of his heart, he and the inhabitants of
Jerusalem, so that the wrath of the LORD did not come upon them
in the days of Hezekiah.
CONCLUSION
Prov 1:24-28 Because I have called and you refused, I
have stretched out my hand and no one regarded, 25 because you
disdained all my counsel, and would have none of my rebuke, 26
I also will laugh at your calamity; I will mock when your terror
comes, 27 when your terror comes like a storm, and your destruction
comes like a whirlwind, when distress and anguish come upon you.
28 Then they will call on me, but I will not answer; they will
seek me diligently, but they will not find me.
Luke 14:12-14 Then He also said to him who invited Him,
"When you give a dinner or a supper, do not ask your friends,
your brothers, your relatives, nor rich neighbors, lest they also
invite you back, and you be repaid. 13 But when you give a feast,
invite the poor, the maimed, the lame, the blind. 14 And you
will be blessed, because they cannot repay you; for you shall
be repaid at the resurrection of the just."
Rom 2:6-8 who "will render to each one according
to his deeds": 7 eternal life to those who by patient continuance
in doing good seek for glory, honor, and immortality; 8 but to
those who are self-seeking and do not obey the truth, but obey
unrighteousness; indignation and wrath.
Rom 13:3-4 For rulers are not a terror to good works,
but to evil. Do you want to be unafraid of the authority? Do what
is good, and you will have praise from the same. 4 For he is
God's minister to you for good. But if you do evil, be afraid;
for he does not bear the sword in vain; for he is God's minister,
an avenger to execute wrath on him who practices evil.
Col 3:25 But he who does wrong will be repaid for what
he has done, and there is no partiality.
2Th 1:6-8 since it is a righteous thing with God to repay
with tribulation those who trouble you, 7 and to give you who
are troubled rest with us when the Lord Jesus is revealed from
heaven with His mighty angels, 8 in flaming fire taking vengeance
on those who do not know God, and on those who do not obey the
gospel of our Lord Jesus Christ.
Rev 6:10 And they cried with a loud voice, saying, "How
long, O Lord, holy and true, until You judge and avenge our blood
on those who dwell on the earth?"
Rev 16:6 For they have shed the blood of saints and prophets,
and You have given them blood to drink. For it is their just due."
Rom 15:26-27 For it pleased those from Macedonia and Achaia
to make a certain contribution for the poor among the saints who
are in Jerusalem. 27 It pleased them indeed, and they are their
debtors. For if the Gentiles have been partakers of their spiritual
things, their duty is also to minister to them in material things.
2Th 3:10 For even when we were with you, we commanded
you this: If anyone will not work, neither shall he eat.
1Tim 5:4 But if any widow has children or grandchildren,
let them first learn to show piety at home and to repay their
parents; for this is good and acceptable before God.
1Tim 5:17 For the Scripture says, "You shall not
muzzle an ox while it treads out the grain," and, "The
laborer is worthy of his wages."
Heb 6:9-10 But, beloved, we are confident of better things
concerning you, yes, things that accompany salvation, though we
speak in this manner. 10 For God is not unjust to forget your
work and labor of love which you have shown toward His name, in
that you have ministered to the saints, and do minister.
God is just. He will repay each of us according to our deeds.
You and I cannot escape that fact, and this Day of Trumpets in
part pictures the judgment of God. Faced with the reality of
God's justice, we would do well to treat others as we want to
be treated.
Hos 12:6 So you, by the help of your God, return; observe
mercy and justice [this simple but profound principle of desiring
that each person receive a just reward for what he has done, and
of us treating others as we desire to be treated] and wait on
your God continually.
We wait and groan for the return of our Lord Jesus Christ.