DEUTERONOMY | 16:20 justice — DEUT848 “Justice, justice shall you pursue” (Deut...
DEUT848 “Justice, justice shall you pursue” (Deuteronomy 16:20) rings through the ages as one of the Torah’s major principles. The biblical prophets rail against the people for their failure to achieve justice, and they issue clarion calls for reform that have shaped the conscience of Western civilization for thousands of years. “Justice, justice shall you pursue” appears after several verses in the Torah that demand the institution of courts located in all regions where the people dwell, that prohibit bribes, and that warn against prejudice and judgement. By mixing procedural concerns (like the placement of courts in convenient places) with substantive issues (like the prohibitions against bribes and prejudice), the Torah indicates its awareness that the two are inextricably intertwined, that procedure affects substance and substance demands certain procedural rules. No human being can always know whose cause is right, for only God is privy to the sum total of every person's actions and intentions. Nevertheless, the Torah obligates us to establish courts to dispense justice as well as we can, and it specifies procedural rules to help us do that well. So, for example, at least two witnesses are required to establish a fact in court in order to forestall collusion. (Deuteronomy 17:6 and 19:15). To accentuate its prohibition of false testimony, the Torah includes it in the Decalogue, announced amid thunder and lightning at Mount Sinai. (Exodus 20:13. See also Exodus 23:1-2 and Deuteronomy 5:17). Moreover, a twenty percent fine is levied against witnesses who knowingly lie in a civil case, (Leviticus 5:20-26) and full retribution is required of those who testify falsely in a criminal case. (Deuteronomy 19:15-21). A judge’s acceptance of bribes is roundly condemned, “for bribes blind the clear sighted and upset the pleas of those who are in the right.” (Exodus 23:8 and Deuteronomy 16:19). Each person is to be judged for his or her own actions exclusively, (Deuteronomy 24:16), a principle assumed without question in modern Western societies but very much at odds with the practice of many societies in ancient, medieval, and even modern times, in which relatives were punished for the crimes of their family members. The Torah insists that neither rich nor poor may be favored: You shall not be partial in judgment: hear out low and high alike. Fear no man, for judgment is God’s.” (Deuteronomy 1:17; see also Exodus 23:2-3, 6) The alien, too, is to be treated fairly: “Decide justly between any man and a fellow Israelite or stranger.” (Deuteronomy 1:16). The rabbis of the Talmud and Middle Ages added many more procedural rules to ensure impartial treatment. For example, one litigant may not be required to stand while the other is sitting, both parties to the case must wear clothing of similar quality, judges must understand the languages spoken by the people before them, and people related to each other or to the litigants may not serve as witnesses, and neither may those engaged in illegal or immoral activities. (B. Shavuot 30a, T. Sanhedrin 6:2, B. Ketubbot 46a, and M.T. Laws of Courts 21, esp. pars. 1-2.) Through rules such as these, procedural justice is strengthened and made reality.
Source Key | DORFFDRAG |
Verse | 16:20 |
Keyword(s) | justice |
Source Page(s) | 114-5 ft. 1 |