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In the Gates

Preventive Justice

The Law of God and Public Policy: Justice (4)

We are our neighbors’ keeper.

 

If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make restitution.” Exodus 22.6

The second facet of the jewel of justice is preventive justice. Public policy should provide laws and statutes that can help to ensure that people will keep the interests and wellbeing of their neighbors in mind at all times. People cannot be permitted to undertake endeavors which may endanger their neighbors or their property without taking appropriate precautions. By keeping watch over a fire one has started one may ensure that only what should be burned is burned, thus preventing injustice from occurring against one’s neighbor.

The practice of preventive justice is exemplified in the Law in various ways, designed to suggest a variety of situations and circumstances. One must guard against his flocks or cattle grazing in a neighbor’s fields (Deut. 22.1-4). Open pits should be covered (Ex. 21.33, 34). Homes must be built to guard against injury to people (Deut. 22.8). Dangerous animals must be kept in (Ex. 21.35, 36). Inheritances are to be protected (Num. 27.8-11). And so forth. Even animals and the creation itself are protected by the Law from being treated unjustly by human beings (cf. Deut. 25.4; 22.6, 7).

These various statutes serve primarily to remind people to consider the interests and wellbeing of their neighbor so as to prevent any injustice arising from negligence or indifference. As with obligatory justice, preventive justice is backed up by other forms of justice. These statutes and precepts are intended to guide people in loving their neighbors so that no unintended harm may come from any of our actions.

In my community we are required by our neighborhood association to remove the snow from our sidewalks as soon as possible. This is to protect the safety and ensure the wellbeing of delivery persons and neighbors who may be out on a stroll. There is no penalty for not removing the snow. However, if we do not remove it, and someone is injured or can show that he has been unduly inconvenienced by our neglect, he may have grounds to collect damages from us. The neighborly thing to do is to keep the sidewalks clean in front of your home and thus bear witness to all who may enter your neighborhood that here we love our neighbors as ourselves.

The community in which our neighborhood is located depends for its water on seven wells. In order to ensure that our water is as good as it can be, local statute prohibits the use of certain kinds of fertilizers or other outdoor chemical treatments. During summer months, signs will appear in the community advising us that the council has determined that “Voluntary Water Usage Restrictions” are in effect. The policy of our elected officials is to prevent neighbors from committing injustice against one another by failing to exercise appropriate regard for the water supply.

Such policies and statutes reflect the preventive justice facet of God’s Law, and are to be welcomed, not begrudged.

Subscribe to Crosfigell, the devotional newsletter of The Fellowship of Ailbe. Sent to your desktop every Monday, Wednesday, and Friday, Crosfigell includes a devotional based on the literature of the Celtic Christian period and the Word of God, highlights of other columns at the website, and information about mentoring and online courses available through The Fellowship.

T.M. Moore

T. M. Moore is principal of The Fellowship of Ailbe, a spiritual fellowship in the Celtic Christian tradition. He and his wife, Susie, make their home in the Champlain Valley of Vermont.
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