Local justice was administered swiftly and appropriately.

“If there is a dispute between men and they come into court and the judges decide between them, acquitting the innocent and condemning the guilty, then if the man deserves to be beaten, the judge shall cause him to lie down and be beaten in his presence with a number of stripes in proportion to the offense.” Deuteronomy 25.1, 2

Local judges were expected to decide cases of law and to administer the requirements of justice. All forms of justice – whether restorative or retributive – were rendered immediately and in a manner appropriate to the offense. The lex talionis guidelines – “an eye for an eye and a tooth for a tooth” – were followed as closely as possible. No form of confinement was practiced in Israel, except for the cities of refuge in cases of manslaughter. Justice was administered swiftly, and all the members of the community were to understand, in the administration of justice, that the matter was closed, justice was restored, and neighbor-love could resume.

Studies in our day have shown that prison inmates would, in most cases, prefer a swift, if painful application of justice for their crimes, rather than to be confined in prison for any period of time. It seems barbaric to think about returning to the days of beatings and the like; however, the present system of prisoner internment has not proven itself as a way of “reforming” those convicted of crime or deterring those thinking about committing it. The prison population in America is larger than ever, and the rate of recidivism is not much improved, except under certain circumstances (usually those involving some authentic religious conversion or spiritual experience during the period of internment).

It would be worth considering whether public policies could be developed that would allow for more local justice – restorative and retributive – and less confinement away from society for those convicted of violating the just norms of the community.

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.