Appeals were granted when judgments could not be rendered locally.

“If a case arises requiring decision between one kind of homicide and another, one kind of legal right and another, or one kind of assault and another, any case within your towns that is too difficult for you, then you shall arise and go up to the place that the LORD your God will choose. And you shall come to the Levitical priests and to the judge who is in office in those days, and you shall consult them, and they shall declare the decision.” Deuteronomy 17.8, 9

In ancient Israel justice was primarily a local concern. Local judges/elders were expected to have the last word on cases, and their word was to be received and obeyed explicitly. At times, however, a case might arise before local judges which the judges, for whatever reason, might regard as being beyond their ability to resolve. At which time an appeal could be made, sending the case up to a higher court.

In ancient Israel that higher court consisted of both religious and civil authorities. The Levitical priests – presumably, from among those who had charge of the Tabernacle/Temple – and the “judge” – a precursor of the king? (see the book of Judges) – would take the case into consideration. Their judgment was final and binding on all parties (Deut. 17.11-13).

It does not appear that one could appeal the decision of local judges on his own. Rather, appeals were made by local magistrates prior to their rendering a judgment. It might well become clear, during the inquiry and deliberations, that the local judges were “over their heads” somewhat. At which time accused or accuser might suggest an appeal to the higher court. However, the decision to do so would rest with the judges, and not with the parties involved in the case.

The principle of appeal seems inherent in a society concerned with maintaining justice. How such appeals could be granted might vary from the practice of ancient Israel. However, the present appeals process in this country is cumbersome and costly, and can be counterproductive of justice. It should be reviewed and, if possible, streamlined in order to allow just verdicts to be reached more efficiently and reliably.

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